The URL can be used to link to this page

BCC Minutes 12/11/2018 RDecember 11, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 11, 2018 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Andrew 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 Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority ty • 041 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 11, 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 1 December 11, 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. Pastor Eric R. Hausler, Christ the King Presbyterian Church and Naples Jail Chaplain. B. Reaffirmation of the Oath of Office for re-elected Collier County Commissioner Andy Solis, District 2 and re-elected Collier County Commissioner Penny Taylor, District 4. The Oath of Office will be administered by the Honorable Ramiro Maiialich, Circuit Court Judge, 20th Judicial Circuit. 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.) Page 2 December 11, 2018 B. November 13, 2018 - BCC/Regular Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Donna Dowdell — Building Review and Permitting b) Pat Estes - Information Technology c) Les Gross - Facilities Management d) Roy Hendry - Wastewater e) Judy Johnson - Wastewater f) Michael Perry - Water g) Sandra Watt-Gant - EMS 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES a) Kurt Jokela - Facilities Management b) Toni Mott - Facilities Management 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Christine Boni, Accountant, Page 3 December 11, 2018 Administrative Services Department as the November 2018 Employee of the Month. 4. PROCLAMATIONS A. Proclamation recognizing Lucky's Market as recipient of the Waste Reduction Awards Program (WRAP) Award for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Lucky's Market Store Director Bobby Ditmar and Assistant Store Director Jenn Faustini. B. Proclamation designating January 16, 2019 as National Religious Freedom Day in Collier County. To be accepted by representatives of the Salt & Light Advisory Council: Greg Harper, Father Michael Orsi, Pastor Tom Harris, Pastor Rick Baldwin and Pastor Greg Ball. C. Proclamation designating January 12-20, 2019 as Kindness Awareness Week in Collier County, in support of the annual "One Million Acts of Kindness" campaign. To be accepted by Bob Votruba with his Boston Terrier traveling companion, Bogart. D. Proclamation designating December 2018 as Join Scouting Month in Collier County. To be accepted by James Giles, District Executive of the Southwest Florida Council - Boy Scouts of America. E. Proclamation recognizing the Wynn Family and the contributions the family has made to our community, and congratulating Wynn's Market on its 80th anniversary and Sunshine Ace Hardware on its 60th anniversary. To be accepted by Michael Wynn. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2018 to Grace Place for Children and Families, Inc. To be accepted by Dr. Tim Ferguson, Chief Executive Officer. Also present is Bethany Sawyer of the Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS Page 4 December 11, 2018 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to determine that the proposed land use for a veterinary clinic, excluding outdoor kenneling, and dog grooming are comparable, and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD, Ordinance Number 2005-19, as amended, and are therefore found to be permitted principal uses at the location further described herein. [CUD-PL20180002265] 9. ADVERTISED PUBLIC HEARINGS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to deny a Resolution amending Resolution No. 90-292 (Development Order No. 90-3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, amendments to Development Order by revising the Master Plan to relocate unbuilt access locations from Airport Road and Golden Gate Parkway to access locations on Livingston Road for access only to the areas of the PUD identified as FP&L easement located south of Grey Oaks Drive East; amendments to Exhibit E, Development Order access conditions and SubExhibit 1, project access locations and Sub-Exhibit 2 project access conditions; Section Two, findings of fact; Section Three, conclusions of law; and Section Four, effect of previously issued Development Orders, transmittal to Department Of Economic Opportunity and effective date. [PL20170001729] (This is a companion to Agenda Item #9B - Planned Unit Development Amendment Petition PUDAPL20170001548.) B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to deny an Ordinance amending Ordinance No. 07-40, the Grey Oaks MPUD, by relocating unbuilt access locations on Airport Road and Golden Gate Parkway to Livingston Road for access only to the areas of the PUD Page 5 December 11, 2018 identified as FP&L easement located south of Grey Oaks Drive East, and by providing an effective date. The subject MPUD consisting of 1,601+/- acres is located at the northeast, northwest, and southeast quadrants of the intersection of Airport Road (S.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25, and 26, Township 49 South, Range 25 East, Collier County, Florida. [PL20170001548] (This is a companion to Agenda Item #9A - Development Order Amendment Petition DOA-PL20170001729) C. 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 Petition VAC- PL20180001007 to disclaim, renounce and vacate the County and the public interest in a 70' x 439' portion of the right-of-way known as Recreation Lane, as recorded in Road Book 3, Page 26 of the Public Records of Collier County, Florida, located approximately one third of a mile east of Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Collier County, Florida. D. Recommendation to approve proposed amendments to the Golden Gate Area Master Plan (GGAMP) and related elements of the Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity (DEO) for review and objections, recommendations and comments (ORC) response, and to provide direction to staff on any additional amendment language for further review at adoption. [Transmittal Hearing] E. This item to be heard at 3:45 p.m. Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow medical marijuana dispensaries in the same zoning districts as pharmacies including certain Planned Unit Development Districts, the Commercial Convenience District (C-2), Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), Business Park District (BP), Research and Technology Planned Unit Development District, Santa Barbara Commercial Overlay District (SBCO), and Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and to codify statutory requirements for security measures and design and signage, by providing for: Section One, Recitals; Section Two, Page 6 December 11, 2018 Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One — General Provisions, including Section 1.08.02 Definitions; Chapter Two — Zoning Districts and Uses, including Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.06 Planned Unit Development Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Five— Supplemental Standards, adding new section 5.05.16 Medical Marijuana Dispensaries; Chapter Ten—Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 11:15 a.m. Recommendation to authorize the Chairman to send a letter on behalf of the Board of County Commissioners to the NCH Healthcare System Board of Trustees asking for reconsideration on the implementation of a recently announced admissions policy until they have completed an independent process of gathering input from the residents of Collier County with respect to such a policy. (Commissioner Taylor) 11. COUNTY MANAGER'S REPORT A. This item to be heard at 1:00 p.m. Recommendation to authorize the County Manager to prepare a Memorandum of Understanding with the Collier County Public School District outlining the terms of a potential land swap and joint development project on a County-owned parcel located between Immokalee Road & 4th Avenue Northeast; work with the adjacent private property owner for potential partnering to obtain access to the existing traffic signal; conduct Neighborhood Information Meetings for input from residents and bring back options for potential uses for the property at a future Board meeting. (Toni A. Mott, Manager, Facilities Management Division) B. This item to be heard at 1:30 p.m. Recommendation to accept a report regarding Collier County's Economic Development Program. (Sean Callahan, Executive Director, Corporate Business Operations) Page 7 December 11, 2018 C. Recommendation to authorize staff to advertise an amendment to Ordinance No. 2002-63, as amended, which established and implements the Conservation Collier Program. (Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division) D. Recommendation to review and approve the County's delivery plan for the execution of the projects approved by the Board and a majority of the electorate to be funded from the proceeds of the One-Cent Infrastructure Surtax (Sales Tax) with oversight from a Citizen Advisory Committee. (Nick Casalanguida, Deputy County Manager) E. Recommendation to direct staff to advertise, and bring back for a Public Hearing, an Ordinance repealing the Flood Damage Prevention Ordinance, Ordinance No. 2011-07, to be replaced by the new Floodplain Management Ordinance. (Caroline Cilek, Manager, Building Division) F. Recommendation to accept or reject bids received for County-owned surplus lands advertised pursuant to the provisions of Section 125.379, Florida Statutes and direct staff to take appropriate actions based on Board direction. (Toni A. Mott, Manager, Facilities Management Division) G. Recommendation to award Contract Number 18-7469, CEI Services for Big Corkscrew Island Regional Park, to Wood Environment and Infrastructure Solutions, Inc., in the amount of$1,932,314 and authorize the Chairman to execute the attached agreement. (Leandro A. Goicoechea, P.E., Sr. Project Manager, Facilities Management Division) H. Recommendation to award Invitation to Bid No. 18-7305, "Master Pump Station 306" (Project Number 70237), to PWC Joint Venture LLC, in the amount of$10,719,008, and authorize the necessary budget amendments. (Tom Chmelik, Engineering and Project Management Division Director, Public Utilities Department) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 8 December 11, 2018 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 the First Amendment to the Interlocal Agreement dated June 26, 2018 by and between Collier County and the City of Everglades City to clarify the collection and distribution of building permit and related fees under the Interlocal Agreement. 2) Recommendation to approve proposal dated October 22, 2018 from Humiston & Moore Engineers to update the 2018 Aerial Image Book and complete the Wiggins and Doctors Pass monitoring reports under Contract No. 15-6382, authorize the Chairman to execute the work order for a not to exceed amount of$15,898.25, and makes a finding that this expenditure promotes tourism. 3) Recommendation to approve the release of two code enforcement liens with an accrued value of$8,333.23 for payment of$1,133.23 in the code enforcement actions entitled Board of County Commissioners v. Wayne Ray Finzer, Code Enforcement Board Case Nos. CENA20140013503 and CENA20170011622 relating to property located at 2675 Storter Ave, Collier County, Florida. 4) Recommendation to approve the release of a code enforcement lien with an accrued value of$18,101.62 for payment of$6,000 in the code enforcement actions entitled Board of County Commissioners v. Page 9 December 11, 2018 Orange Blossom Naples, LLC, Code Enforcement Board Case No. CENA20130010827 relating to property located at 6619 Yarberry Ln, Collier County, Florida. 5) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$48,020 which was posted as a guaranty for Excavation Permit Number 60.085-3, PL20160000540 for work associated with Esplanade Golf and Country Club of Naples — DiLillo Parcel. 6) Recommendation to approve a standard Temporary Construction Easement for Beach Renourishment and to remove the requirement for dune plantings from the Temporary Construction Easement for Beach Renourishment for the Marco Island Central Beach Regrade project and make a finding that this item promotes tourism. 7) Recommendation to direct staff to bring back for a public hearing an ordinance amending the Land Development Code to modify design standards for signs advertising the price of fuel, in accordance with Section 553.79(20), Florida Statutes, and allow applications for such signs to be processed under the proposed new zoning standards while the LDC amendment process is pending. 8) Recommendation to receive and approve the Collier County Floodplain Management Plan 2017 Progress Report and Proposed Action Plan for 2018 and 2019, which includes a 1.5 feet rate of sea level rise by 2060 planning standard to be adopted in the Floodplain Management Plan. 9) Recommendation to authorize staff to advertise for a future public hearing, an ordinance amending the Land Development Code relating to the affordable housing density bonus program, pursuant to previous Board actions on the Community Housing Plan (CHP). 10) Recommendation to approve final acceptance of the potable water and sewer facilities for Naples Motorcoach Resort, PL20160001454, and accept unconditional conveyance of a portion of the potable water and sewer facilities. Page 10 December 11, 2018 11) Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Isles of Collier Preserve Phase 8 — Dog Park, PL20180001856. 12) Recommendation to approve final acceptance of the potable water and sewer facilities for The Warehouse, PL201700001163, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$9,659.41 to the Project Engineer or the Developer's designated agent. 13) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Isles of Collier Preserve Phase 8, PL20170000553 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. 14) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Marsilea, Application Number PL20130001985 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. 15) 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 amended final plat of Esplanade Golf and Country Club of Naples Phase 5, (Application Number PL20180002972) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16) Recommendation to approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. LP11030 which provides grant funding for Storm Water, Water and Waste Water improvements along 95th Ave N. and 96th Ave N. in Naples Park by extending the period of agreement by 730 calendar days and updating Page 11 December 11, 2018 language within certain sections of the agreement. 17) Recommendation to approve the electronic submission of a Safe Routes to School application with the Florida Department of Transportation in the amount of$761,514.74 to fund the design and construction of a sidewalk along Linwood Avenue to Shadowlawn Elementary School with a local match of$89,942.69 for construction engineering and inspection. 18) Recommendation to authorize a budget amendment to recognize payment in the amount of$29,842.20 received from the City of Naples for the engineering design of potable water lines for the West GoodletteFrank Road Joint Stormwater-Sewer Project (Project No.60142). 19) Recommendation to approve an Agreement for Invitation to Bid #18-7476 "Pine Ridge Canal Weir #1 Replacement" to Thomas Marine Construction, Inc., in the amount of$793,939.75 (Project No. 60119), and authorize the Chairman to execute the attached Agreement. 20) Recommendation to approve the expenditure $49,698 to provide professional engineering services From Humiston and Moore Engineers to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and authorize necessary Budget Amendments. 21) Recommendation to approve two Funding Agreements with the South Florida Water Management District to fund the I-75 Canal and Cocohatchee Canal Interconnect and Emergency Pump Facility Project, in the amount of$500,000 and to assist with funding for the Palm River and Cocohatchee River Conveyance Project, in the amount of$388,000. 22) Recommendation to policy constrain Orange Blossom Drive from west of Airport Road to Goodlette-Frank Road to two lanes. 23) Recommendation to authorize the County to issue standard County Purchase Orders by piggybacking off of the pricing obtained from Page 12 December 11, 2018 firms that entered into Agreements with the City of Naples' under its Request for Proposal ("RFP") #16-014, Building Inspection and Plan Review Services, Library of Firms. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners increase the annual amount that can be spent under Contract #17-7197, Immokalee Municipal Service Taxing Unit (MSTU) Roadway Landscape Maintenance, to A&M Property Maintenance, LLC to $200,000. 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), authorize the County Attorney's office to take all action necessary to clear title on three developed parcels previously owned by Love and Legacy LLC and, if necessary, file Quiet Title action on 15 lots sold to Love and Legacy LLC in 2014. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award an Agreement for Invitation to Bid #18- 7399, "Air Filtration Services," to Filter Pro USA, LLC, for countywide air filtration services. 2) Recommendation to approve a Resolution removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Department in the amount of$59,034.99. 3) Recommendation to accept an offer from Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks for replacement of a potential failing component in 15,000 water meters purchased and installed in the County's water distribution system and authorize the Chairman to accept and sign the offer letter. 4) Recommendation to approve a Lease Agreement with Collier Plaza, LLC, to continue operating the former FGUA Customer Service Center in Golden Gate City, now known as Utility Billing and Page 13 December 11, 2018 Customer Service — Golden Gate. 5) Recommendation to approve a Second Amendment to Agreement for the Provision of Telecommunication Services and Facilities with Vertical Bridge S3 Assets, LLC, for the installation of antenna equipment for the County's emergency radio system. 6) Recommendation to approve an increase in funding for the operational costs and term of the Sole Source Waiver and Master Sales Agreement with Itron Incorporated for automated meter reading services for the utility system acquired from the Florida Government Utility Authority approved at the July 10, 2018 Board Meeting (Agenda Item #16C1). 7) Recommendation to approve a $245,909 Work Order under Request for Quotation No. 16-6663-1 to Bonness Inc., to construct the Pelican Marsh IQ Pump Station Site Improvements, which includes a new access driveway into the site, concrete steps and retaining wall, sidewalks surrounding the pump station, internal drainage improvements, leveling the pump station floor, and removal of exotic vegetation, and to authorize the necessary budget amendment (Project No. 70166). 8) Recommendation to approve a $583,000 Work Order under Request for Quotation No. 14-6213-128 to Haskins, Inc., under Project Number 70182, "Wildflower Way Water Main Looping," which includes installing 4,000 feet of 12-inch and 14-inch water main on Wildflower Way from St. Andrews Boulevard to Lely High School Boulevard, and authorize the necessary budget amendment. 9) Recommendation to approve a $529,692 Work Order under Request for Quotation No. 15-6469-4 to Wells & Water System, Inc., under Project Number 70085, "Acidification of Eight Production Wells — Phase 2 Golden Gate Wellfield," and authorize the necessary budget amendment. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to adopt a resolution authorizing the removal of Page 14 December 11, 2018 aged accounts receivable in the amount of$114,451.70, considered uncollectible or should otherwise be removed from the financial records of the Collier County Public Library (CCPL) in accordance with Resolution No. 2006-252. 2) Recommendation to approve a Distribution, Release, and Refunding Agreement for the Harvey M. Shreve Jr., and Sarah Ann Shreve Charitable Remainder Annuity Trust, to accept a distribution from a Trust in the estimated amount of$53,080.56 to the Collier County Public Library, to authorize the County Manager or his designee to execute the distribution agreement and complete any required forms, and to authorize any necessary Budget Amendments. 3) Recommendation to recognize carryforward for interest earned during the period April through September 2018, on advanced library funding received from the Florida Department of State to support library services and equipment for the use of Collier County residents in the amount of$4,006.76. 4) Recommendation to approve the submittal of revised FY18-19 Section 5310 grant application pages to the Florida Department of Transportation (FDOT) for additional equipment to add three (3) mobile radios, three (3) tablets, and one (1) paratransit vehicle. 5) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for Calendar Year 2019 Older Americans Act (OAA) Programs in the amount of$1,212,820.23 and the required match of$130,165.44. 6) Recommendation that the Board of County Commissioners (Board) declare the Public Transit Advisory Committee (PTAC) member position held by Kerru Dera, to be vacant and direct the County Attorney to prepare a resolution confirming the declaration of vacancy and to publicize the vacancy. 7) Recommendation to approve First Amendment to State Housing Initiative Partnership (SHIP) Program Subrecipient Agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to increase funding in the amount of$22,500 for Homebuyer Education Page 15 December 11, 2018 and Counseling Program for State FY16/17. 8) Recommendation to approve the FY2018-2019 State Aid to Libraries Grant Agreement, Certification, and the Collier County Public Library (CCPL) 2018-2019 Annual Plan of Service. 9) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report for U.S. Department of Housing and Urban Development for Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant for Fiscal Year 2017-2018 as required; approve the Consolidated Annual Performance and Evaluation Report Resolution; and authorize the Chairman to certify the Consolidated Annual Performance and Evaluation Report for submission to U.S. Department of Housing and Urban Development. 10) Recommendation to approve Resolutions authorizing the submittal of Federal Transit Administration (FTA) Sections 5310, 5311, and 5339 Rural FY2019/2020 grant applications and applicable documents to the Florida Department of Transportation (FDOT) through FDOT TransCIP to support transit operations and system capital improvements. (Total anticipated fiscal impact of$2,511,158 with a Federal share of$1,585,101.40, State share of$169,840.80, and Local match of$756,215.80.) 11) Recommendation to approve the Collier County University Extension Division's request for funding from the Collier County 4-H Association in the amount of$79,880; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding (MOU) with Collier County 4-H Association; and authorize the necessary Budget Amendment. 12) Recommendation to authorize the Chairman to sign the Fourth Amendment to the Starnes Cattle Lease Agreement to extend the term of the lease. 13) Recommendation to approve award of Request for Proposal (RFP) #18-7470 Services for Seniors Marantha Home Care, Inc., d/b/a A Better Health Care; The ADT Corporation d/b/a ADT, LLC; Page 16 December 11, 2018 Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products; Southern Home Care Services, Inc. d/b/a ResCare, Inc.; VIP America of Southwest Florida, LLC; Bidwell Home Care Service, LLC d/b/a Home Instead Senior Care); Omega Health Services, LLC d/b/a Omega Care Services and Almost Family PC of SW Florida, LLC and authorize the Chairman to execute the attached agreements, as set forth herein. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to recognize accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of $1,053.22. 2) Recommendation to award Request for Qualification (RFQ) No. 18- 7443 "Motor Oils, Lubricants, and Fluids" to Palmdale Oil Company and Flamingo Oil Corporation. 3) Recommendation to award RFP #18-7284 "Credit Card Payment Processing and Related Services" to JetPay Payment Services FL. LLC. 4) Recommendation to authorize the purchase of Zoll Cardiac Monitors under a Request for Proposal ("RFP") and Agreement issued and approved by Volusia County (RFP #16-P-64AK) and to approve a Budget Amendment in the amount of$1,450,956.55. 5) Recommendation to approve an Assumption Agreement to AssuredPartners of Florida, LLC, d/b/a IRMS, assigning all rights, duties and benefits, and obligations under Agreement #16-6613 "Property and Casualty Brokerage Services". 6) Recommendation to approve an Assumption Agreement with Maranatha Home Care, Inc. d/b/a A Better Health Care, assigning all rights, duties and benefits, and obligations under Agreement #12-5856 "Services for Seniors." 7) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and Page 17 December 11, 2018 notification of revenue disbursement. 8) 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 award an Agreement for Invitation to Bid No. 18- 7445 for "Pelican Bay Street Signs Repair Replacement" to American Infrastructure Services, Inc., in the amount of$483,630, and authorize the Chairman to execute the attached agreement. 2) Recommendation to provide after-the-fact approval for the electronic submission of the Federal Agency Management Administration (FEMA) Pre-Disaster Mitigation (PDM) grant application to the Florida Division of Emergency Management (FDEM) for hardening the Collier County Sports and Event Complex field house to hurricane standards in the amount of$9,500,000. 3) Recommendation to approve Tourist Development Tax Promotion Funds to support eight upcoming January and February 2019 Sports Tourism Events up to $73,900 and make a finding that this expenditure promotes tourism. 4) Recommendation to approve the submittal of a grant application to Visit Florida in the amount of$22,500 for Collier County's share of a Red Tide Tourism Recovery Regional Marketing Grant request, authorize the County Manager to accept the award and process any necessary budget amendments and make a finding that this action promotes tourism. 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. 6) Recommendation to authorize the County Manager to cast two affirmative votes for the Riviera Golf Estates Homeowners Association Board of Directors, to negotiate a contract for the Page 18 December 11, 2018 acquisition of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and maintenance equipment for use as a private community park. Collier County owns two (2) lots at 767 and 771 Charlemagne Court in Riviera Golf Estates and thus has two (2) votes it can cast. 7) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 8) Recommendation to adopt a resolution establishing the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2019. 2) Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement Contract No. GOV81 Supplement One with the Florida Department of Transportation for the purchase of a new refueling truck at the Immokalee Regional Airport. (Fiscal Impact: Increase FDOT Participation $38,782; Decrease Local Match $42,497). H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to direct the County Manager to develop a proposal and submit an application requesting Community Development Block Grant (CDBG) funds to construct infrastructure improvements such as sidewalks and street lights to improve the safety of Broward Street, Texas Avenue, Carolina Avenue and Georgia Avenue, all located in Naples Manor, and authorize the Chairman to execute such application for timely submittal to Collier County's Community and Human Services Division. MISCELLANEOUS CORRESPONDENCE Page 19 December 11, 2018 J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to accept the report of interest for the fiscal year ending September 30, 2018 pursuant to Florida Statute 218.78. 2) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between November 1 and November 28, 2018 pursuant to Florida Statute 136.06. 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 5, 2018. K. COUNTY ATTORNEY 1) Recommendation to reappoint three members to the Ochopee Fire Control District Advisory Committee 2) Recommendation to appoint two members to the Development Services Advisory Committee. 3) Recommendation to appoint a member to the Radio Road Beautification Advisory Committee. 4) Recommendation to appoint two members to the Lely Golf Estates Beautification Advisory Committee. 5) Recommendation to approve a Mediated Settlement Agreement for final compensation in the amount of$94,000 for Parcel 38ORDUE, plus $13,826 in statutory attorney fees and costs, and $14,000 for expert fees and costs, in the lawsuit styled Collier County v. George A. Nestory, et al, Case No. 16-CA-1347, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $64,596) 6) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and Mutual General Release with Hannula Page 20 December 11, 2018 Landscape & Irrigation, Inc., in the amount of$28,0000, concerning a payment dispute arising under ITB No. 16-6537R, the "Annual Contract for Landscape Maintenance," for work performed by Hannula between March 28, 2017 and May 2, 2017. 7) Recommendation to authorize the County Attorney to reject the Plaintiff's proposal for settlement for $100,000.00 in the lawsuit captioned Michaelle Petit-Dort v. Collier County, Florida, Case No. 2018-CA-2356, pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 8) Recommendation to authorize the payment of full compensation in the amount of$14,500 for the taking of Parcel 224RDUE, as determined by the jury in the eminent domain case entitled Collier County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the widening of Golden Gate Boulevard, Project Number 60040. (Fiscal Impact: $6,570) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20170003027 to disclaim, renounce and vacate the County and the public interest in a portion of the conservation easement located in Tract B of Villas at Greenwood Lake, Plat Book 31, Pages 87 through 91 in the public records of Collier County, Florida. The subject property is located in the northwest quadrant of Rattlesnake Hammock Road and County Barn Road, in Section Page 21 December 11, 2018 17, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B) B. 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. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, to amend the Master Plan to reconfigure the preserve area location on the east side of the PUD, for property located on the northwest corner of the County Barn Road and Rattlesnake-Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37.6 acres; and by providing an effective date. (This is a companion to Agenda Item 17.A) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 09-37, the Avow Hospice Community Facility Planned Unit Development; and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89+/- acres of land zoned Residential Single-Family-5 (RSF-5 (0.4)) to the Avow Hospice CFPUD; by adding permitted uses including Individual and Family Social Services (SIC 8322) limited to community centers and adult and/or handicapped day care centers; by adding accessory uses; by amending the master plan; adding deviations; and revising developer commitments. The property is located south of Pine Ridge Road on the west side of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida consisting of 20.55+/- acres; and by providing an effective date. [PL20170002501] D. Recommendation to approve by Ordinance the 2018 Staff-Proposed Out-of- Cycle Growth Management Plan 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) (PL20180001205/CPSP-2018-4) E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are Page 22 December 11, 2018 required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 1989-12 and Ordinance Number 81-43, the Youth Haven Planned Unit Development, by adding group housing for seniors as a permitted use, by adding 10 beds for a maximum of 250 group housing beds, and adding acreage; by amending Ordinance Number 2004- 41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 1± acres of land zoned RMF-6 (3) to the Youth Haven Community Facility Planned Unit Development; by amending the master plan and revising developer commitments. The property is located on the south side of Whitaker Road west of Santa Barbara Boulevard in Section 17, Township 50 South, Range 26 East, Collier County, Florida consisting of 25± acres; and by providing an effective date. [PL20180000646] F. Recommendation to approve a Resolution renaming Creekside Street to Innovation Drive, which is located in the southwest quadrant of the Immokalee Road and Goodlette-Frank intersection within the Creekside Commerce Park in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [SNR-PL20180002011] G. Recommendation to approve a Resolution renaming a portion of Creekside Boulevard to Innovation Boulevard. The subject street is located south of Immokalee Road, on the west side of Goodlette-Frank Road, east of the vacated portion of Creekside Boulevard, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [SNR-PL20180002012] H. Recommendation to approve a Resolution renaming Creekside Trail to Arthrex Way. The subject street is located west of Goodlette-Frank Road, on the south side of Immokalee Road, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [SNR-PL20180002013] I. Recommendation to adopt 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. J. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. Page 23 December 11, 2018 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. li Page 24 December 11, 2018 December 11, 2018 Page 2 MR. OCHS: Ladies and gentlemen, if you'd please come to order. Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Thank you. Welcome, everyone, for the December 11th, 2018, Board of County Commissioners meeting. It's a wonderful day. This will be my last meeting as chair, and -- COMMISSIONER McDANIEL: We didn't vote on that. CHAIRMAN SOLIS: Well, no. And it's really been my pleasure and an honor to act as chair for the last year. And with that, we'll start with the agenda. We'll start with the invocation by Pastor Eric Hausler of Christ the King Presbyterian Church and the Naples Jail chaplain. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE GIVEN BY PASTOR ERIC R. HAUSLER, OF CHRIST THE KING PRESBYTERIAN CHURCH AND NAPLES JAIL CHAPLAIN PASTOR HAUSLER: Good morning. It's an honor and privilege to be here. I just would like to read from the Old Testament and the New Testament. The Old Testament says -- the Lord says, by me, kings reign; that is, God raises them up and puts them in a place to govern. Not only kings, but County Commissioners are raised up by God. The New Testament says there's no authority except by God, for those which exist are established by God. Jesus himself said to Pontius Pilate, you would have no authority unless it had been given you from above. So it's right and proper that we begin to pray with -- this meeting by prayer, that God has given you responsibility, Commissioners, to December 11, 2018 Page 3 rule and govern well, and you need everything God can give you to govern well. So let us pray. Thank you, Heavenly Father, for this beautiful place which we call home in Collier County. What a blessed part of our country. Thank you for the peace and prosperity which we enjoy. Truly, our cup overflows with good things. Thank you for the religious freedom that we have in this country. Thank you for those in law enforcement and all the first responders who put their lives on the line every day that we and our families may sleep in peace and safety. Thank you for those whom you've raised up to serve here in government: All the judges, and the commissioners, the commissioners of Collier County. Oh, Lord, we pray that you would give to those whom you have placed in positions of authority, particularly this day, the Collier County Commission, that you would give them everything they need to govern wisely and fairly and justly. Give them wisdom and discernment and self-control and courage and boldness but also gentleness and patience and compassion on the needy and defenseless. Oh, Lord, we pray for your blessing on this meeting and all who are here. Thank you, again, for all of our blessings that we have. We make our prayer in your holy name. Amen. CHAIRMAN SOLIS: Commissioner Saunders, would you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SOLIS: I think we have to come down. Item #1B REAFFIRMATION OF THE OATH OF OFFICE FOR RE- ELECTED COLLIER COUNTY COMMISSIONER ANDY SOLIS, December 11, 2018 Page 4 DISTRICT 2 AND RE-ELECTED COLLIER COUNTY COMMISSIONER PENNY TAYLOR, DISTRICT 4. THE OATH OF OFFICE WAS ADMINISTERED BY THE HONORABLE RAMIRO MAÑALICH, CIRCUIT COURT JUDGE, 20TH JUDICIAL CIRCUIT – COMMISSIONER TAYLOR AND COMMISSIONER SOLIS GIVEN THE OATH OF OFFICE MR. OCHS: Mr. Chairman, at this time we have the pleasure of reaffirming the oath of office of two recently elected Collier County commissioners: Commissioner Solis representing District 2 and Commissioner Taylor representing District 4. The oath of office will be administered this morning by the Honorable Ramiro Man ̴᷈lich, Circuit Court judge of the 20th judicial circuit. JUDGE MAÑALICH: May it please the Chair, members of the Commission, County Manager Ochs and your valuable staff, County Attorney Klatzkow and your staff, Madam Clerk, first responders, and veterans, and all the members of our Collier County community. It's a privilege on my behalf and on behalf of my colleagues in the judiciary to administer the oath to elected Commissioners Taylor and Solis. I also congratulate the members of the commission, our Clerk, for previously being elected. It really feels like a homecoming here for me. I spent 14 years at the County Attorney's Office, and I see many familiar and friendly faces, and it's a pleasure to see all of you here. Before I administer the oath, I just want to give you two inspirational thoughts from two of the greatest framers of our Constitution. General Washington, our first and greatest president, who set the tone for this nation by relinquishing power after serving as president. He once said, "The only true keepers of the American December 11, 2018 Page 5 Constitution are the people themselves." And I hope, Commissioners, in all of your decisions, you dedicate your efforts to the people. And, secondly, from Thomas Jefferson, America's own intellectual with the gift of concise and eloquent expression who once said, "The excellence of every government is its adaptations to the needs and the state of those to be governed by it." And I know Collier County has many good things. It also faces many challenges. I hope you will be inspired by those thoughts. Without further adieu, if you would please state your names. First Commissioner Taylor. COMMISSIONER TAYLOR: Penny Taylor. CHAIRMAN SOLIS: Andy Solis. JUDGE MAÑALICH: All right. And now if you would raise your right hands and repeat after me. I do solemnly reaffirm. CHAIRMAN SOLIS: I do solemnly reaffirm. COMMISSIONER TAYLOR: I do solemnly reaffirm. JUDGE MAÑALICH: That I will support, protect, and defend. CHAIRMAN SOLIS: That I will support, protect, and defend. COMMISSIONER TAYLOR: That I will support, protect, and defend. JUDGE MAÑALICH: The Constitution and government of the United States. CHAIRMAN SOLIS: The Constitution and government of the United States. COMMISSIONER TAYLOR: The Constitution and government of the United States. JUDGE MAÑALICH: And of the State of Florida. CHAIRMAN SOLIS: And of the State of Florida. COMMISSIONER TAYLOR: And of the State of Florida. JUDGE MAÑALICH: That I am duly qualified to hold office. December 11, 2018 Page 6 CHAIRMAN SOLIS: That I am duly qualified to hold office. COMMISSIONER TAYLOR: That I am duly qualified to hold office. JUDGE MAÑALICH: Under the Constitution of the state. CHAIRMAN SOLIS: Under the Constitution of the state. COMMISSIONER TAYLOR: Under the Constitution of the state. JUDGE MAÑALICH: And that I will. CHAIRMAN SOLIS: And that I will. COMMISSIONER TAYLOR: And that I will. JUDGE MAÑALICH: Well and faithfully. CHAIRMAN SOLIS: Well and faithfully. COMMISSIONER TAYLOR: Well and faithfully. JUDGE MAÑALICH: Perform the duties of Collier County Commissioner. CHAIRMAN SOLIS: Perform the duties of Collier County Commissioner. COMMISSIONER TAYLOR: Perform the duties of Collier County Commissioner. JUDGE MAÑALICH: So help me God. CHAIRMAN SOLIS: So help me God. COMMISSIONER TAYLOR: So help me God. JUDGE MAÑALICH: Congratulations. CHAIRMAN SOLIS: Thank you. COMMISSIONER TAYLOR: Thank you. (Applause.) Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE December 11, 2018 Page 7 PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – APPROVED AND OR ADOPTED W/CHANGES (COMMISSIONER MCDANIEL VOTED “NO” ON ITEM #16A9 AND ITEM #16D10) MR. OCHS: Congratulations, Commissioners. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of December 11, 2018. The first proposed change is to move Item 16A1 from your consent agenda to become Item 11I on the regular agenda. This is a move at the staff's request. It's a recommendation to approve an amendment to an existing interlocal agreement between the county and Everglades City. The next proposed change is to move Item 16F6 from the consent agenda to become Item 11J on your regular agenda. This is a recommendation to authorize an affirmative vote on behalf of the Riviera Golf Estates Homeowners' Association related to their desire to acquire a private golf course that surrounds their community. This item is moved to the regular agenda at Commissioner Saunders' request for further discussion. The next proposed change is to move Item 16F8 from your consent agenda to become Item 11K. This is a recommendation to adopt a resolution establishing the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. That move is made at Commissioner Taylor's request. And the final proposed change is to continue Item 9D on your regular agenda to the February 12th, 2019, Board of County Commissioners' meeting. This is a recommendation to approve proposed amendments to the Golden Gate Area Master Plan. That request is made by Commissioner McDaniel. December 11, 2018 Page 8 We have four time-certain items on today's agenda, Commissioners. The first is Item 10A scheduled to be heard at 11:15 this morning. That's an item brought forward by Commissioner Taylor related to a recent change in hospital admission policies at NCH Healthcare System. Item 11A is scheduled to be heard at 1 p.m. This is a discussion of a joint proposal by the staff and the staff of the school district to develop a county-owned parcel along Immokalee Road for public services. At 1:30 you're scheduled to hear Item 11B. This is a report on the county's Economic Development Program. And, finally, Item 9E is scheduled to be heard at 3:45 p.m. That is the proposed Land Development Code amendment related to medical marijuana dispensaries. Reminder, our court reporter breaks are set for 10:30 a.m. and 2:50 p.m. And, finally, as a reminder to members of the public, anyone wishing to address the Board of County Commissioners on any item on this agenda today may do so by registering to speak. Please fill out the speaker slips that are available in the hallway and register with Mr. Troy Miller, who's raising his hand here, and under the Board's rules we ask that you make that registration prior to the start of the hearing on the particular item that you'd like to speak on. Those are all the changes I have, sir. CHAIRMAN SOLIS: And we have such a full agenda today. I was going to ask Commissioner Taylor just trying to see if we can -- COMMISSIONER TAYLOR: Yes. CHAIRMAN SOLIS: -- get some things out of the way. One, moving 168A on the ad hoc committee, was there a specific issue? COMMISSIONER TAYLOR: Just some more clarification. Really a question is -- December 11, 2018 Page 9 MR. OCHS: Commissioner, I'm sorry. Can we get you on the mic? COMMISSIONER TAYLOR: I'm sorry. Would it be -- more of a clarification issue and a suggestion. Could we move this to the January meeting without a lot of concern on your part? CHAIRMAN SOLIS: Well, my -- I mean, we really -- what we're trying to do is have the committee start in January on the strategic plan that then would be hopefully ready by June for the workshop. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: And so it's really important, I think, that we get it moving. And just for clarification, too, I think that the strategic plan -- and it was at the suggestion of kind of the stakeholders' group that as it said in the executive summary, it's limit -- it's really limited to the adult side of the mental-health and addiction issue, and that was intentional, based upon the input from David Lawrence Center, NOMI, and the stakeholders because -- and Pam Baker will be here this afternoon if she's needed to talk about this. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: Because the children's side, the juvenile side of the issue, one, it involves a whole different -- different kinds of issues and regulations, and it actually, although not perfect by any means, is better in terms of services that are available. And the decision was really made that to try to tackle both of those at the same time was going to be extremely difficult, so that's why -- it was an intentional thing. It's not that it was being left out. Ultimately, the hope is is that once we have the strategic plan for the adult side, which is, I think, the most immediate issue based upon the input from the experts, that then we would also then incorporate a strategic plan for the juvenile side. COMMISSIONER TAYLOR: Okay. Probably we need to December 11, 2018 Page 10 discuss it just briefly, if that's okay. CHAIRMAN SOLIS: Sure. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Okay. So you want that to go ahead on -- COMMISSIONER TAYLOR: Yes, please. CHAIRMAN SOLIS: -- 11K, okay. Those are the changes. Any -- COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: There was one change that Commissioner McDaniel has recommended, and that is 9D, to continue that until February 12th. I'm trying to -- I've been working on a zoning overlay for the Golden Gate City area now for about a year. We're pretty close to having that ready to go, and I'm concerned about delaying this too long. Do we need to do 60 days? Is that something that you personally need -- feel is important? COMMISSIONER McDANIEL: I've been asked for that, sir. You know, there was some suggestion about -- and it doesn't have anything -- you know, we're adopting or adjusting the entire Golden Gate Master Plan that is eight years, minimally, delinquent in the first place. And there was some discussion about expansion of the commercial nodes in the Eastern Collier County. A neighborhood information meeting was held while I was out of town, and the president of the Corkscrew -- or I am the president of the Corkscrew -- but the president of the Golden Gate Estates Association asked for the 60-day continuance just to allow us an opportunity to make sure the language adjustments were in certainty. COMMISSIONER SAUNDERS: I think it's a question for Mr. December 11, 2018 Page 11 Ochs or Mr. Klatzkow. In terms of moving this program along, getting that approved, will we still be able to do this in the spring of 2019, or is this going to put us to a point where we're delayed until the fall? Especially the issue of the zoning overlay. MR. OCHS: Probably the fall, early fall. COMMISSIONER SAUNDERS: What about -- I mean, I just hate to put this off to that length of time if we can avoid it. I think maybe one of the ways to work this is to continue it. And, obviously, if you've got a reason for continuing it, we'll continue it. But, staff, if we can make sure that at least that zoning overlay ordinance is ready to go in the spring, that would be helpful. COMMISSIONER McDANIEL: And that, I think, would accomplish both. COMMISSIONER SAUNDERS: I don't know if that can be accomplished. We don't have our Planning Department here. MR. KLATZKOW: It's a staff issue, not our issue. COMMISSIONER SAUNDERS: Well, Mr. Ochs, perhaps if you could check into that today and just let me know, and we'll try to move that. I'll agree to the -- well, here's Mr. Bosi now. And I'm sorry to delay this. COMMISSIONER McDANIEL: No, no. It's a -- COMMISSIONER SAUNDERS: The question is, there's a motion to continue the Golden Gate Area Master Plan until February 12th. I'm concerned about the zoning overlay for Golden Gate City that we've been working on. Can we still move that issue along even though this is going to be delayed? MR. BOSI: We can most certainly -- we will move those amendments along to implement the mixed-use strategy that we've called out for, but we won't be able to adopt those until the Golden Gate Estates Area Master Plan is officially adopted. December 11, 2018 Page 12 COMMISSIONER SAUNDERS: So at least the public will know that we've got those ordinances in place and they're ready to go? MR. BOSI: Correct. COMMISSIONER McDANIEL: And just for points of clarification. The request was for 60 days. And I'll be happy to bring it back if it's, in fact, less than that. If we can get it done by the latter part of January, I'd be happy to -- this is up to 60 days. COMMISSIONER SAUNDERS: Here's what we'll do, if you don't mind. Let's continue it to the first meeting in February. COMMISSIONER McDANIEL: That's what it is. COMMISSIONER SAUNDERS: Okay. I'm sorry. I meant to say the second meeting in January. Let's continue it to the second meeting in January, and at the second meeting in January, if you need more time, we'll continue it to the 12th. So that will put a little pressure on you guys to come up with what you're trying to do. COMMISSIONER McDANIEL: I don't like pressure. COMMISSIONER SAUNDERS: Well, then I'll object to continuing it and ask my fellow commissioners not to continue this then, since this is my district. COMMISSIONER McDANIEL: Mine, too. COMMISSIONER SAUNDERS: All right. So would that work for you, the second meeting in January? COMMISSIONER McDANIEL: Yes, that's fine. MR. OCHS: January 22nd. CHAIRMAN SOLIS: Are there specific issues related to the amendments that are being proposed that are at issue? COMMISSIONER McDANIEL: Yes. I shared that with you. Predominantly, it has to do with the commercial nodes within Eastern Collier County. The segregation -- and one of the things that we are proposing is the segregation of Golden Gate Master Plan into urban Golden Gate Estates, Golden Gate City, "the," and rural Golden Gate December 11, 2018 Page 13 Estates. And once that's accomplished, then we can deal with these things individually, the zoning overlays and the adjustments and so on. Currently, they're all together, but there was an issue that arose late in the process with regard to the potential expansion of the commercial nodes. And, again, due to timing and everything, the NIM was held when I was out of town, and I'm relying upon the community who has asked for the 60-day extension. So it's -- that's the rationale. MR. OCHS: Commissioners, just for clarification, we were asked to continue this once before to have that hearing with the public on that issue, and we did. So I just want to make sure that, you know, we will fill that directive, and that indication is in your executive summary. COMMISSIONER McDANIEL: But I'll be happy to work with you, Commissioner Saunders. I mean, I understand that there are multiple factions that are involved with this, so -- and the goal is to move it along. That was why I -- when I spoke with Leo yesterday, I was like, we can even do it up to 60 days. There's no -- there's no -- if we can get it accomplished sooner, then fine. MR. KLATZKOW: It's just an advertising issue. MR. OCHS: Right. COMMISSIONER McDANIEL: Right. I'm good with the proposed change to the, I think you said the 21st, second meeting in January. COMMISSIONER SAUNDERS: Second meeting in January. COMMISSIONER McDANIEL: That's fine. MR. OCHS: Twenty-second. COMMISSIONER McDANIEL: That's fine. CHAIRMAN SOLIS: Are there any other requested changes to the agenda? MR. MILLER: Mr. Chairman, I do have two registered speakers for agenda items. First, Mr. John Garbo just wants to speak in support December 11, 2018 Page 14 of Item 16A22. He just wants to say thank you, I think. MR. OCHS: Sir, you haven't done your ex parte yet. CHAIRMAN SOLIS: We haven't. Maybe we should do that first. MR. OCHS: Yes. CHAIRMAN SOLIS: Thank you. So ex parte on the consent and summary agendas. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. On the consent agenda, I would like to register a negative vote on 16A9 and 16D10. Those are issues involving our Housing Department, and they continue to utilize the metrics there for the need that I'm completely dissatisfied with. And then on 17E, I did receive an email on the summary agenda. Other than that -- COMMISSIONER FIALA: What subject was that one? COMMISSIONER McDANIEL: Youth Haven. COMMISSIONER FIALA: Okay. COMMISSIONER McDANIEL: 17E. Other than that, no disclosures on the consent or summary, sir. CHAIRMAN SOLIS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. As far as the consent agenda goes, I only have 17A and 17B to declare. I received correspondence, emails, I've had meetings, and met with property owners and so forth. So that's all that I have to declare on the consent or the summary. CHAIRMAN SOLIS: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Nothing on the consent and only one thing on 17E. I had a phone call regarding this issue and a discussion with staff. And can I also -- there's a small change to the agenda -- CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: -- to be made at this time. I have December 11, 2018 Page 15 a conflict on 8A, and I will not be voting, and I have the proper form in front of me to fill out. Yes, 8A. CHAIRMAN SOLIS: Very good. COMMISSIONER TAYLOR: Thank you. That's it. COMMISSIONER SAUNDERS: No disclosure; no changes. CHAIRMAN SOLIS: And I have no disclosures and no changes on the consent. On the summary agenda, I have -- on 17A I had a meeting with Mr. Mulhere and a hand-delivered note from Mr. Beyrent related to 17A. And other than that, I have no other disclosures. MR. MILLER: Okay. Mr. Chairman, back to the agenda speakers. First, Mr. John Garbo wishes to speak in support of 16A22. MR. GARBO: Good morning, Mr. Commissioner, fellow commissioners, Mr. Ochs, Mr. Casalanguida. John Garbo with the Orange Blossom Pine Ridge Community Alliance. I want to thank Commissioner Solis for proposing that Orange Blossom Drive from Airport Road west to Goodlette become, I believe, the first constrained roadway in Collier County. Orange Blossom, as many of you know, is one of the prettiest roads in Collier County. We're pleased that you will vote today to make that a constrained roadway. A little background: That roadway from Goodlette Road east to just past Mill Run is 100 percent maintained by the HOAs along Orange Blossom. No cost to the taxpayers. I'm going to share with you that we have plans to improve, even from what it is today, the landscaping and, more important, the drainage. We've had drainage issues there. There is a drainage issue with one of our preserves. Your county engineers made suggestions. We are going to sign that proposal to clean up that preserve and get the water flowing so there won't be anymore, hopefully, issues on Orange Blossom Drive. So I'd like to thank all the commissioners, Leo, Frank -- or, Nick, December 11, 2018 Page 16 for your support of this. Thank you. CHAIRMAN SOLIS: Thank you. MR. MILLER: Also, Mr. Chairman, I have a speaker, Douglas Lewis, who wants to speak on the agenda. MR. LEWIS: Good morning, Commissioners. For the record, my name is Doug Lewis. I'm an attorney with the Thompson Lewis Law Firm at 850 Park Shore Drive, Suite 201, here in Naples. We have been retained by the Grey Oaks Property Association, the Grey Oaks at Estuary Property Owners' Association, and the Grey Oaks Country Club, who are subject to both the PUD and the DRI and are directly impacted by Agenda Items 9A and 9B. And today we request the opportunity to raise certain procedural -- CHAIRMAN SOLIS: Sir, this is -- we have advertised public hearings on 9A and -- MR. LEWIS: I understand that. MR. KLATZKOW: Commissioners, he's going to be asking for a continuance. This would be the time. CHAIRMAN SOLIS: Oh, I see. Okay. I'm sorry. I just want to make sure you were aware there's going to be another opportunity. MR. KLATZKOW: He's taking his time to get there. CHAIRMAN SOLIS: Oh, okay. MR. LEWIS: So we'd like the opportunity to raise certain procedural objections on this item in response to a request for a continuance. Again, we've been recently retained. Specifically, our clients maintain that either the applicant does not comply with the unified control requirement under Section 4.071 of your Land Development Code, or they have no authority to bring these petitions, the DRI, the PUD before you today. So I have an expert that I'd like to proffer, and also we'd like adequate time to present testimony to establish this as part of the quasi-judicial record today. December 11, 2018 Page 17 I know your agenda is very busy today, and I think that addressing this as a threshold item may help resolve and alleviate, perhaps dispense of this item today. I also want to just note that these objections are not square -- or limited to just private objections. Those are certainly there, and there are real private objections, contractual issues that we have, but these issues that we're going to discuss today squarely involve your Land Development Code and ensuring that applications that come before you are proper and accurate. Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, can I ask a question? CHAIRMAN SOLIS: Yes, sir. COMMISSIONER SAUNDERS: You said that you were recently retained. When were you retained? MR. LEWIS: I looked at the file this week. I have my partner here who was kind of the lead partner, but I was involved on Friday. Within the last week or two, so it's been fairly recently. COMMISSIONER SAUNDERS: Okay. So a week or two? MR. LEWIS: Yeah. COMMISSIONER SAUNDERS: I just wanted to see if there was -- MR. LEWIS: And these issues, by the way -- just so that you know, Commissioner Saunders, we raised. We had a meeting on Monday with the applicants to see if we can resolve some of these issues. We have been communicating. They've asked questions. We've proffered documents. We've involved the County Attorney, so we are working as diligently as possible to work through these, but these are significant issues that impact the bearing and, at the minimum, we need the ability to put these in the record for purpose was protecting our clients' interest, so thank you. December 11, 2018 Page 18 CHAIRMAN SOLIS: Mr. County Attorney, procedurally, how do we handle this? MR. KLATZKOW: You can do -- CHAIRMAN SOLIS: I guess the applicant is here. MR. YOVANOVICH: Yes. MR. KLATZKOW: You can do this one of two ways. I spoke with the County Manager this morning, and our recommendation is we just proceed with the item, and then if they're not happy with it, they can always take their judicial recourse. The other approach is continue the item for one meeting, see if the parties can hammer it out, and in the meantime, if they can't, they can run into court and stay the proceedings. But our recommendation is we just proceed with it. MR. LEWIS: Or in regards to that, we would just like to address it as a threshold issue. So, yeah, obviously, if we want to proceed, they're the applicant, but I think it would be helpful and instructive to address this as an initial matter on the front end so that we can move forward later. CHAIRMAN SOLIS: Okay. Mr. Yovanovich? MR. YOVANOVICH: Rich Yovanovich on behalf of the applicant. Obviously, we object to any continuance. And, frankly, they've been in this case since at least -- more than a week, and they should have filed whatever documentation they wanted to file much sooner than 10 p.m. last night. We object to the late filing of the information. The information they have filed is purely in trying to enforce private deed restrictions, which is not what the Board of County Commissioners does, and we object to any continuance of this matter. They do have an ability to challenge whatever the result may be. I could tell you that a continuance, based upon the conversations that we had yesterday and their follow-up actions after the conversations yesterday, will not result in our coming back holding December 11, 2018 Page 19 hands at your next meeting. So we would like to move forward today and have the Board decide on the merits whether or not to grant the petition. MR. LEWIS: And we respect the applicant's right to decline the continuance. We're not asking for a continuance. We're just asking -- COMMISSIONER SAUNDERS: Mr. Chairman, I'm not sure why we're having back and forth. CHAIRMAN SOLIS: Yeah. I don't think it's appropriate at this time. MR. LEWIS: Yeah, that's fine. CHAIRMAN SOLIS: They've asked for a continuance -- MR. LEWIS: It's not a request for a continuance. We'd just like to have it heard first. COMMISSIONER SAUNDERS: Mr. Chairman, I think let's hear -- my view is let's hear the application. If we hear something that prompts us to want to continue it, we can continue it at that time. COMMISSIONER McDANIEL: Or we can vote. COMMISSIONER FIALA: I agree. COMMISSIONER McDANIEL: I agree. CHAIRMAN SOLIS: So we'll leave that item on the agenda. MR. OCHS: You need a motion to approve today's agenda as amended. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: And second. CHAIRMAN SOLIS: There's a motion and a second to approve the agenda as amended. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. December 11, 2018 Page 20 CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. OCHS: That was easy. CHAIRMAN SOLIS: Yeah. COMMISSIONER TAYLOR: That was the easiest part of the day. Proposed Agenda Changes Board of County Commissioners Meeting December 11,2018 Move Item 16A1 to Item 11I: Recommendation to approve the First Amendment to the Interlocal Agreement dated June 26, 2018 by and between Collier County and the City of Everglades City to clarify the collection and distribution of building permit and related fees under the Interlocal Agreement. (Staff's request) Move Item 16F6 to Item 11J: Recommendation to authorize the County Manager to cast two affirmative votes for the Riviera Golf Estates Homeowners Association Board of Directors,to negotiate a contract for the acquisition of the 93- acre golf course and to borrow up to $3.3 million for the land purchase and maintenance equipment for use as a private community park. Collier County owns two(2) lots at 767 and 771 Charlemagne Court in Riviera Golf Estates and thus has two (2)votes it can cast. (Commissioner Saunders' request) Move Item 16F8 to Item 11K: Recommendation to adopt a resolution establishing the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. (Commissioner Taylor's request) Continue Item 9D to the February 12,2019 BCC Meeting: Recommendation to approve proposed amendments to the Golden Gate Area Master Plan(GGAMP) and related elements of the Growth Management Plan (GMP)for transmittal to the Florida Department of Economic Opportunity(DEO)for review and objections,recommendations and comments(ORC) response, and to provide direction to staff on any additional amendment language for further review at adoption. [Transmittal Hearing] (Commissioner McDaniel's request) Time Certain Items: Item 10A to be heard at 11:15 a.m. Item 11A to be heard at 1:00 p.m. Item 11B to be heard at 1:30 p.m. Item 9E to be heard at 3:45 p.m. 1/10/2019 2:22 PM December 11, 2018 Page 21 Item #2B BCC MEETING MINUTES FROM NOVEMBER 13, 2018 – APPROVED AS PRESENTED MR. OCHS: That's right. Item 2B is a motion to approve the Board of County Commissioners' regular meeting minutes of November 13, 2018. COMMISSIONER FIALA: Motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: Motion and a second to approve the meeting minutes from November 13th, 2018. 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: Approved unanimously. MR. OCHS: Thank you, Commissioners. Item #3A1 AWARDS AND RECOGNITIONS: EMPLOYEE 20 YEAR ATTENDEES – PRESENTED That takes us to Item 3 on this morning's agenda, service awards. If you'd all join us in front of the dais, please. Commissioners, we have the pleasure of acknowledging county employees for years of dedicated service this morning. We'll begin December 11, 2018 Page 22 with a list of employees celebrating 20 years of county service. Our first service awardee, 20 years of service in our Building Review and Permitting Operation, is Donna D-o-w-d-e-l-l. Donna? (Applause.) MR. OCHS: Thank you, Donna. (Applause.) MR. OCHS: Celebrating 20 years of service with Information Technology, Pat Estes. (Applause.) MR. OCHS: Congratulations. COMMISSIONER TAYLOR: I was going to say. Look at this proud dad. CHAIRMAN SOLIS: Come on up. COMMISSIONER FIALA: So Brad is your dad? COMMISSIONER TAYLOR: Come on, Brad. Stand next to your son. CHAIRMAN SOLIS: We'll fit everybody in. You stand next to your son there. MR. BRAD ESTES: Okay. MR. OCHS: Very nice. (Applause.) MR. OCHS: Celebrating 20 years of service with our Facilities Management Division, Les Gross. (Applause.) COMMISSIONER FIALA: Look how he stands up tall now. CHAIRMAN SOLIS: I don't know. MR. OCHS: Congratulations. Celebrating 20 years of service with Wastewater Division, Roy Hendry. Roy? (Applause.) COMMISSIONER FIALA: We had a nice place waiting here for December 11, 2018 Page 23 you. (Applause.) MR. HENDRY: I see that. Thank you. Thank you very much. (Applause.) MR. OCHS: Also celebrating 20 years of service with our Wastewater Division, Judy Johnson. Judy? (Applause.) MR. OCHS: Celebrating 20 years of service with the Water Division, Michael Perry. COMMISSIONER TAYLOR: Mrs. Perry, come on. MS. PERRY: I have 30 years. COMMISSIONER FIALA: Do you really? MS. PERRY: Oh, yeah. CHAIRMAN SOLIS: A little competition going on. (Applause.) MR. OCHS: And our final 20-year service award recipient this morning, representing our EMS Division, Sandra Watt-Gant. (Applause.) Item #3A3 AWARDS AND RECOGNITIONS: EMPLOYEE 30 YEAR ATTENDEES – PRESENTED MR. OCHS: Commissioners, we have the privilege this morning of recognizing two of our associates celebrating 30 years of dedicated service to the community and the county government. First recipient from our facilities management division, Kurt Jokela. (Applause.) MR. OCHS: Also celebrating 30 years of service this morning with our Facilities Management Division, Toni Mott. December 11, 2018 Page 24 (Applause.) COMMISSIONER McDANIEL: They're all waving at you. (Applause.) Item #3C1 – Added RECOGNIZING LAVAH HETZEL FOR 18 YEARS OF SERVICE – COMMUNICATIONS & CUSTOMER RELATIONS – PRESENTED COMMISSIONER TAYLOR: Mr. Chairman, there's one other presentation that -- you know, a proclamation that I'd like to honor. And, Ms. Hetzel, would you please get to the front, please, and give me the camera. I'm taking your picture, lady. MS. HETZEL: Thank you. COMMISSIONER FIALA: And she's got the camera. MR. OCHS: We should explain. Lavah is retiring, and she's always been in charge of taking everybody else's photo, and we wanted to take the opportunity to turn the table over a little bit. Congratulations. CHAIRMAN SOLIS: Not so easy to be on the other side. (Applause.) MR. OCHS: Stand up straight, smile. CHAIRMAN SOLIS: You've got to do it again. MR. OCHS: Get in there, Commissioner Taylor. Congratulations. We're going to brag on you a little bit. Lavah is our graphic specialist, handles that responsibility for the entire county agency. She administers the county's website. So any information you need, she's the one to go to. Obviously, our official photographer for the Board of County December 11, 2018 Page 25 Commissioners. Eighteen years of dedicated service to the county, and has long been a key member of our public information team during any tropical storm, hurricane, wildfire, flood. She's the cause of them for the past 18 years. And, again, she designed every logo for every tropical storm and hurricane for the past 18 years. And we'll bring you back when we have the next one. Congratulations and thank you for your service. (Applause.) MR. OCHS: Thank you, Commissioners. If everybody would leave quietly, please. Item #3D1 RECOGNIZING CHRISTINE BONI, ACCOUNTANT, ADMINISTRATIVE SERVICES DEPARTMENT AS THE NOVEMBER 2018 EMPLOYEE OF THE MONTH – RECOGNIZED Mr. Chairman, that takes us to Item 3D1 this morning. This is a recommendation to recognize Christine Boni, accountant with our Administrative Services Department, as the November 2018 Employee of the Month. Christine, please step forward. (Applause.) MR. OCHS: Christine, stay right there while we tell the audience a little bit about you. MS. BONI: Sorry. MR. OCHS: That's right, we're going to embarrass you for a minute here. Christine has been a member of the county team for 20 years working in our Emergency Management Division. She's primarily responsible for all of our grant management work, December 11, 2018 Page 26 our financial management systems, and the budgeting in that division; however, during the Hurricane Irma event, Christine stepped up and offered special assistance to our special-needs program. The hurricane caused great fear and increased awareness for the medically dependent, the frail, and the elderly population here in Collier County. Prior to Irma we had approximately 1,800 applications on file for special-needs program patients. That number swelled to over 2,600 before and during Hurricane Irma. It was Christine's assistance that allowed the special-needs team in Emergency Services to reach out to every qualified applicant. Due to the increased storm activity this year and in ongoing emergency education, the Collier County community is continuing to register for this proactive program. During the yearly mailing, Christine has received hundreds of registrations and has researched the status of each of the community members registered. Without Christine's help before, during, and even now long after the hurricane, we would not be able to assist as many citizens as effectively and seamlessly as we do now, and it's for that reason and many others, Commissioners, that I present Christine Boni, your Employee of the Month for November 2018. Congratulations, Christine. (Applause.) MS. BONI: Thank you. MR. OCHS: Mr. Chairman, now we move to Item 4 on the agenda. That's this morning's proclamations. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS December 11, 2018 Page 27 Item #4A PROCLAMATION RECOGNIZING LUCKY'S MARKET AS RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY LUCKY’S MARKET’S REGIONAL DIRECTOR OF OPERATIONS, TODD KERSCHNER AND ASSISTANT STORE DIRECTOR, JENN FAUSTINI – ADOPTED MR. OCHS: Item 4A is a proclamation recognizing Lucky's Market as the recipient of the Waste Reduction Awards Program for contributing to the greater good of Collier County by advocating the reduce, reuse, recycle message thereby helping to prolong the use of the life of the Collier County Landfill. To be accepted by Lucky's Market's regional director of operations, Todd Kerschner, and assistant store director, Jenn Faustini. (Applause.) Item #4B PROCLAMATION DESIGNATING JANUARY 16, 2019 AS NATIONAL RELIGIOUS FREEDOM DAY IN COLLIER COUNTY. ACCEPTED BY REPRESENTATIVES OF THE SALT & LIGHT ADVISORY COUNCIL: GREG HARPER, PASTOR TOM HARRIS, PASTOR RICK BALDWIN AND PASTOR GREG BALL – ADOPTED MR. OCHS: All right. Item 4B is a proclamation designating December 11, 2018 Page 28 January 16, 2019, as National Religious Freedom Day in Collier County. To be accepted by Greg Harper, Pastor Tom Harris, Pastor Rick Baldwin, and Pastor Gregg Ball. If you'd please step forward and receive your proclamation. (Applause.) MR. OCHS: Just identify yourself for the record, please. PASTOR HARPER: Yes, sir. Greg Harper. I just wanted to say a special thank you. This is the fifth year that you've issued this proclamation, and the community is very, very thankful for that recognition, the support of religious freedom, as was mentioned during the invocation, one of our strong rights and a very important principle here in the United States, and thank you for recognizing that here in Collier County. Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING JANUARY 12-20, 2019 AS KINDNESS AWARENESS WEEK IN COLLIER COUNTY, IN SUPPORT OF THE ANNUAL “ONE MILLION ACTS OF KINDNESS” CAMPAIGN. ACCEPTED BY BOB VOTRUBA WITH HIS BOSTON TERRIER TRAVELING COMPANION, BOGART – ADOPTED MR. OCHS: Item 4 is a proclamation designating January 12th through the 20th, 2019, as Kindness Awareness Week in Collier County in support of the annual One Million Acts of Kindness Campaign. To be accepted by Bob Votruba and his Boston Terrier traveling companion, Bogart. (Applause.) CHAIRMAN SOLIS: You've got your hands full. December 11, 2018 Page 29 COMMISSIONER TAYLOR: Does he read? (Applause.) MR. VOTRUBA: I'm Bob Votruba, and this is Bogart from One Million Acts of Kindness. Some of you have probably seen us around town in our painted-up bus and the bicycle I ride with all sorts of placards raising awareness about kindness and no bullying in our schools. Collier County Kindness Awareness Week, this is our fifth year -- I'm just amazed how many people are taking part: Schools, churches, neighborhoods. Alls we ask you to do is during this week is to work a little harder at being kind in your neighborhood, in your community helping one another. Thanks so very much. (Applause.) Item #4D PROCLAMATION DESIGNATING DECEMBER 2018 AS JOIN SCOUTING MONTH IN COLLIER COUNTY. ACCEPTED BY JAMES GILES, DISTRICT EXECUTIVE OF THE SOUTHWEST FLORIDA COUNCIL - BOY SCOUTS OF AMERICA – ADOPTED MR. OCHS: Item 4D is a proclamation designating December 2018 as Join Scouting Month in Collier County. To be accepted by James Giles, district executive of the Southwest Florida Council of Boy Scouts of America. (Applause.) COMMISSIONER FIALA: There used to be a Jim Giles here before. Was that your dad or anything? MR. GILES: No. (Applause.) December 11, 2018 Page 30 MR GILES: My name is James Giles with Southwest Florida Council, Boy Scouts of America. On behalf of the over 500 adult volunteers and 1,100 youth, thank you for this opportunity to be honored by the Collier County Commission for the work that they do every day. This past year we've had over 25 Eagle Scouts each representing a project which benefited the community. In addition to that, many of those projects happened in conjunction with many Collier County agencies. We appreciate that partnership, partnership that includes North Collier Fire Department, Collier County Sheriff's Department as well, and our adult -- or excuse me -- our career education programs. Every -- our benchmarks this year have been amazing. We have over seven hours of community service per member registered this year. We've sent 30 at-risk youth to a summer camp program. We have over 100 camping nights of at-risk youth between our Immokalee and Golden Gate City programs. We've operated in the black now for 10 years in a row, which is very unique for most nonprofits, and we've grown this year. As many of you know, we've had the introduction of female scouts into our elementary cub scouts program and soon middle and high schoolers. Young women will have the opportunity to earn the rank of Eagle Scout. And the excitement and the engagement of families with their children through this new program and this new way to deliver the scouting program has been received very well, and we're already seeing results based on that. Thank you. (Applause.) Item #4E December 11, 2018 Page 31 PROCLAMATION RECOGNIZING THE WYNN FAMILY AND THE CONTRIBUTIONS THE FAMILY HAS MADE TO OUR COMMUNITY, AND CONGRATULATING WYNN'S MARKET ON ITS 80TH ANNIVERSARY AND SUNSHINE ACE HARDWARE ON ITS 60TH ANNIVERSARY. ACCEPTED BY TOM WYNN, JERRY WYNN, JIM WYNN, LINDA WYNN SMITH, MICHAEL WYNN, JEFF WYNN, AND JUSTIN WYNN – ADOPTED MR. OCHS: Item 4E is a proclamation recognizing the Wynn family and the contributions the family has made to our community and congratulating Wynn's Market on its 80th anniversary and Sunshine Ace Hardware on its 60th anniversary. To be accepted by Tom Wynn, Jerry Wynn, Jim Wynn, Linda Wynn Smith, Michael Wynn, Jeff Wynn, and Justin Wynn. I don't know who's minding the store this morning. (Applause.) MR. MICHAEL WYNN: Michael Wynn, for the record. I just wanted to say thank you so much to you as the commissioners, Chairman Solis, for recognizing these anniversaries that are so important to our family and to our team. And, as you can imagine, a few things have changed in the 80 years since our family first settled here. But we like to think about some of the important things that haven't changed. We're still blessed to be able to work with the family that we love and that supports each other. We're still blessed to be able to work alongside associates and team members that make us proud every day in delivering outstanding customer experience, and we're still proud to be able to serve a great and generous community that overcomes and rises to overcome any challenge that it faces. So thank you again so much for this special recognition. December 11, 2018 Page 32 (Applause.) MR. OCHS: Mr. Chairman, if I could get a motion to approve today's proclamations, please. COMMISSIONER FIALA: Motion to move -- approve. Motion to approve all of the proclamations for today. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: They're approved. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR DECEMBER 2018 TO GRACE PLACE FOR CHILDREN AND FAMILIES, INC. ACCEPTED BY DR. TIM FERGUSON, CHIEF EXECUTIVE OFFICER. ALSO PRESENT IS BETHANY SAWYER OF THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: That takes us to Item 5A on this morning's agenda. This is a presentation of the Collier County Business of the Month for December 2018 to Grace Place for Children and Families, Incorporated. To be accepted by Dr. Tim Ferguson, chief executive officer, and December 11, 2018 Page 33 Bethany Sawyer of the Greater Naples Chamber of Commerce. (Applause.) DR. FERGUSON: Dr. Tim Ferguson, chief executive officer at Grace Place for Children and Families. I want to thank the County Commission and the Chairman for this wonderful recognition for Grace Place. The mission of Grace Place is to provide a pathway out of poverty for children and families in the Golden Gate community. We're celebrating our 15th anniversary as an organization. It's hard to believe that 15 years ago Grace Place started as an after-school tutoring program for 60 students in the Golden Gate elementary schools. In over 15 years, we've grown to serve over 900 students and 700 families in comprehensive family literacy. We're very proud to be a part of the Golden Gate community. We have a beautiful new facility, 30,000 square feet, located right in the heart of Golden Gate City. So if you haven't visited Grace Place, this is an open invitation to come and see the wonderful programs and services that we provide to children and families in Golden Gate. So thank you so much. (Applause.) CHAIRMAN SOLIS: Mr. Manager, I've been reminded that I need to introduce the featured Artist of the Month this month in Collier County. COMMISSIONER McDANIEL: That's good you remembered that. CHAIRMAN SOLIS: The beginning of the meeting. The featured artist this month is Dr. Jane -- and I hope I pronounce her last name correctly -- Ruprecht. During her 25 years with the Collier County School District, Dr. Jane, as she's known, has made a positive impact on the lives of many children in Immokalee in her roles of counselor and reading teacher. December 11, 2018 Page 34 Overall, Doctor Jane has been in education for 43 years, and throughout this time, she's loved to teach her students about the creative process in both schoolwork and photography. In 2007, Dr. Jane was selected as a Golden Apple award recipient. Dr. Jane is also a professional photographer, and her photographs have been exhibited in shows and galleries throughout Southwest Florida. She retired from education this year, 2018, and looks forward to spending more time on her photography. So please enjoy the wonderful photography in the back. It's spectacular. Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that takes us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, we have four registered speakers today for public comment. Your first speaker is Dr. J.B. Holmes, and he will be followed by Rae Ann Burton. DR. HOLMES: County Commissioners, Chairman Solis, my name is Holmes, Dr. J.B. Holmes. I'm pleased to be here this morning. I know you have a very busy agenda today, so I'll make my comments very brief. In 2012, a young girl came here from Germany to find the grave of her grandfather who was a World War II veteran. The task was assigned to the state VFW. Eventually it came to the Golden Gate post to locate the grave. We determined to the best of our ability it would be at the Lake Trafford Memorial Cemetery where there's a veterans portion of the December 11, 2018 Page 35 cemetery. We went out there to locate that grave, and the conditions out there were abominable, disgusting. This veteran’s cemetery overgrown with weeds, strewn with trash, piled with dirt, mulch, and debris, and we could only identify six graves. We formed two details, one to identify the graves and another to clean up the cemetery working with the county. And I'll comment about the county employees in this case. They were all very, very generous in their assistance to us in both identifying and cleaning up the area. It took us six years to clean the area and to prepare it as a proper cemetery. We were able to -- there were six gravestones above the ground. We found another 44 of them that had sunk into the soft sand; we were able to raise them up. Ninety-four graves totally; 44 graves we had to obtain headstones for. We worked with the VA, Hodges Funeral Home, Fuller funeral home, to identify those graves, and to get headstones for them. They supplied them. Eventually came three truckloads with 44 markers weighing 80 to 100 pounds each. You have a bunch of 75-, 80-year-old veterans trying to haul them around. We had to go to the Fire Department in strapping them -- the Fire Department pick up one with each arm and go, where do you want these, guys. So, you know, that will go without comment, but thank you to the Lake Trafford Fire Department. So, anyway, we have identified 94 graves. We have the headstones on all of them now. In addition, we've put crosses or Star of David as appropriate on those graves, fastened them to them. We've also obtained VFW, Veterans of Foreign War, medallions for each grave and flags on each grave, and the county has agreed to help us maintain those graves, and they've done a great job, and I implore you to continue to work with us to maintain those graves. December 11, 2018 Page 36 Saturday, the 15th, is when Wreaths Across America places all the wreaths on the Arlington cemetery. We have now been -- Lake Trafford Memorial Gardens, as the veterans cemetery, has now been recognized as a national cemetery for our veterans, an actual veterans cemetery. So I just -- 10 seconds more. I invite all of you, and particularly Commissioner McDaniel, because that's his district, to join us on Saturday, December 15th, at 10 a.m. at Lake Trafford Memorial Gardens where we have completed the restoration of that cemetery, and we're placing wreaths on the graves of all our fallen brothers. COMMISSIONER McDANIEL: And I'll be there, Doc. DR. HOLMES: Thank you very much. (Applause.) COMMISSIONER TAYLOR: Thank you. MR. MILLER: Your next speaker for public comment is Rae Ann Burton, and she will be followed by Anthony Matonti. MS. BURTON: Good morning, again. My name is Rae Ann Burton, 2530 31st Avenue Northeast, Naples, Florida, known as Golden Gate City. There are many issues concerning the Estates. One, expansion of Randall/Immokalee corridor and the S curve, which will I (sic) address on Friday. Very dissatisfied with the meeting this past Thursday at North Collier Regional Park. Two, HCP. Not sure about the Board's part on the habitat conservation plan, but there's a 50-year lease permit request for drilling and building in primary panther breeding and other endangered and threatened species habitat. Already commented to the USFWS with this lease request. Drilling would impact our aquifer and land stability. Three, stormwater fee being proposed against the Golden Gate City homeowners because of concern with the aquifer or (sic) this board. Fifty-year lease will create more water problems, destroy December 11, 2018 Page 37 primary panther habitat, cost 7.8 billion, become taxpayers' responsibility, turning Naples into an urban area the size of Washington, D.C., severing and fragmenting capital -- Camp Keais Strand in Summerlin Swamp panther corridors. Already have three taxes for water management in our tax statement. We do not need the HCP 50-year lease or the stormwater fee. Four, Golden Gate Area Master Plan, summer goals, objectives, and policies are a guide -- land use and public facility decision-making to balance/provide basic services, natural resource concerns for the well-planned land use to ensure health, safety, welfare, and quality of local residents. I request this is honored. Five, balance urban amenities. There's already ones that are not utilized. Preserve the area's rural character of Golden Gate Estates defined by large wooded lots, keeping of livestock, growing crops, wildlife activity, environment stewardship, low-density residential development, and limitation on commercial conditional use. Stop proposed dense growth. Proposed development, the reason for excessive roads. The Rural Lands West is a prime breeding area for Florida panther. There were wild panthers brought from Texas to prevent Florida panthers' extinction now only to destroy the prime breeding and food habitat. Hybrid panther is stronger and has less fear of humans. They need their space. Six, stop creating ways to tax or charge fees -- balance the budget. Today my mortgage payments are manageable. Any more taxes or fees I fear could (sic) loss of home. I do urge first ones (sic) -- first I have to. We have voiced opinions against the S curve, the stormwater fee, excessive building and roads. Our desires to keep rural Naples environment. So please honor them. Thank you. I have printed out the panther habitat map and some pictures of the destruction while seeking to food. Thank you. December 11, 2018 Page 38 MR. MILLER: Your next speaker is Anthony Matonti. He will be followed by Hillary Hogue. MR. MATONTI: Good morning, Commissioners. Would you mind if I had a visual? It would probably paint a better picture than my words can. I'm here to speak about the widening of Vanderbilt Beach Boulevard, Vanderbilt Beach Road, and I'm for this, this is fine, but I believe that if we are going to be expanding a roadway, we can't just do minimum standards for bicycles and pedestrians. The best way to improve traffic is to get people out of their vehicles, and you do that with safe accessibility. I put a picture there of children in a four-foot bike lane. You could see their hands would be almost like joggers running past trying to grab cups of coffee out of a car. This is the display that -- the red line marks Vanderbilt Beach, and you can see what it passes through. We're creating a suburban highway through -- instead of trying to connect the community with their major assets, the beach, Mercato, Publixes, the library, Naples Collier Hospital. The yellow lines show a grid network that could begin because of this. That's in the state of Florida. That's in St. Petersburg. Those are buffered bike lanes. And I know some would say, oh, there's no bikers there. I actually waited for them to pass so I could get a better picture of what that looks like. It doesn't have to be separated, but it's something I like to call move the curb. Don't put the curb between the sidewalk and the bicyclist. Put the curb between the bicyclist and the street; make it safe. I am a native Floridian. I grew up in Broward County. I lived there for over 20 years, and I've watched the suburban sprawl happen. Now they're trying to retrofit and fix it. Collier County has the opportunity to do it now, right now, before shovels in the ground. December 11, 2018 Page 39 And it doesn't necessarily have to be separate. You could put a bollard. People feel a lot safer when they're separated from traffic, especially when they're going 65 miles per hour. So as a native Floridian, as a Collier County resident, and as the father to a four-month-old son who plans on raising a family here, I encourage you to please revisit the design of Vanderbilt Road widening. Thank you. (Applause.) MR. MILLER: Your final speaker for public comment today is Hillary Hogue. MS. HOGUE: Good morning, everyone. Good morning. My name is Hillary Hogue. And I wasn't quite sure if I could speak today, so I'll just read from my phone for the three minutes allowed. I'm here on behalf of victims of predatory guardianships here in the 20th circuit. My 88-year-old father, whose only crime was growing old, having a million-dollar estate, and living in the 20th circuit of the Middle District of Florida, was blindsided by an adult guardianship. We're known for being the top in identity fraud; number two in the nation. Nothing's being done. I've sent all of you a copy of my criminal court report which Bill Nelson has sent to the Department of Justice in Washington who are still investigating the crimes, white-collar crimes here in Collier County. You're in charge of EMS. We know that Kelly Desaltes (phonetic) contacted you about her problems, and none of you have been in touch with her. Isolate, medicate, and drain the estate. You are in charge with the health and well-being of your constituents. What is being done? My father is out of $100,000 in six months. He'll never be able to recoup the money. He has me as his advocate. Most people don't. I've quit my job, and I'm an advocate for guardianship fraud in Collier County. December 11, 2018 Page 40 So, please, tell us what you're going to do to stop this. Thank you for listening to me. Have a great day. MR. MILLER: That was all of our public comment today, sir. (Applause.) Item #8A RESOLUTION 2018-229: DETERMINING THE PROPOSED LAND USE FOR A VETERINARY CLINIC, EXCLUDING OUTDOOR KENNELING, AND DOG GROOMING ARE COMPARABLE, AND COMPATIBLE USES WITHIN THE MIXED USE AREA OF THE VANDERBILT COMMONS MPUD, ORDINANCE NUMBER 2005-19, AS AMENDED, AND ARE THEREFORE FOUND TO BE PERMITTED PRINCIPAL USES AT THE LOCATION FURTHER DESCRIBED HEREIN – ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 8A on this morning's agenda. This is an item that requires ex parte disclosure by commission members, and all participants are required to be sworn in. This is a recommendation to determine that the proposed land use for a veterinary clinic, excluding outdoor kenneling and dog grooming, are comparable and compatible uses within the mixed-use area of the Vanderbilt Commons MPUD ordinance. Ex parte, sir. CHAIRMAN SOLIS: Ex parte, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. You are welcome to see the file. I've had them all: Meetings, emails, correspondence, and phone calls. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've only had discussion with staff and emails. December 11, 2018 Page 41 CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: I've had emails and discussions with staff, and I am recusing myself on this item based on a conflict. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: I've had meetings with the representatives of the petitioner and correspondence and emails as well. CHAIRMAN SOLIS: And I've had emails from a Ms. Abrams, and that's all I've had. Thank you. Hear from the applicant. THE COURT REPORTER: Do you want me to swear them in? CHAIRMAN SOLIS: Yeah, I think first we need to swear witnesses. Will anyone that's going to speak on this matter please stand and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) MS. WEAVER: Good morning. My name is Anna Weaver. I'm a planner with Davidson Engineering, and I'm here representing the applicant for the Vanderbilt Commons comparable-use determination. I'm just going to run through a brief PowerPoint to go over the details of the request. The Vanderbilt Commons PUD is located on the north side of Vanderbilt Road just west of Collier Boulevard. The comparable-use determination was filed requesting a formal determination that vet services -- vet services, excluding outdoor kenneling and dog grooming, are comparable to the existing permitted uses within the Vanderbilt Commons PUD for Lots 1 and 2 only depicted on the screen. Here you can see an architectural rendering of the newly constructed retail building on the subject lots. The groomer is proposed in Unit 11, and the vet clinic is proposed in Unit 13. December 11, 2018 Page 42 Within the existing PUD, both health and personal services are permitted uses. These uses are comparable to vet services and dog grooming with the only difference being that the services offered to pets rather than humans. Appointments will be scheduled, and hours of operation will be similar to what you would see for doctors' offices or a beauty salon. Also, miscellaneous retail is an existing permitted use listed in the PUD, which does allow for pet stores. Oftentimes you'll find that pet stores include grooming or vet services offered. We're just requesting that these services be stand-alone businesses. So, lastly, we did have Trebilcock Consulting evaluate the uses and determine that dog grooming and veterinary clinic are comparable or less than the existing permitted uses in the PUD for traffic generation. And that's all I have for you unless you have any questions. CHAIRMAN SOLIS: Any questions from the Board? (No response.) CHAIRMAN SOLIS: Should we go to public speakers? MR. MITCHELL: Yes, sir. We have seven -- excuse me -- six registered public speakers for this item. MR. OCHS: Mr. Chairman, excuse me. Would you like to hear from staff first before your -- CHAIRMAN SOLIS: I'm sorry, yes. I'm sorry. Mr. Bosi? MR. BOSI: Good morning. Mike Bosi, director of zoning services. And I just wanted to put on the record that staff has reviewed the information for the comparable/compatible use determination. The zoning and evaluation suggests that it is a comparable/compatible use, as well as the traffic generation; therefore, we've agreed with the application that it meets the qualifications for a compatible/compatible determination as provided for by this section of the PUD. December 11, 2018 Page 43 CHAIRMAN SOLIS: Thank you. My apologies. MR. MILLER: Mr. Chairman, I'm sorry. There are five speakers for this item. Your first speaker is Terrie Abrams, to be followed by Beverly Smith. MS. ABRAMS: Don't judge me; I have to put my glasses on. Good morning, Commissioners. We are all here today to discuss the latest request by the developer of Vanderbilt Commons to add a business previously disallowed by the county. This request is symptomatic of the piecemeal development of the property. The issues surrounding this property are larger than the agenda item today and must be understood before decisions can be made in a vacuum. As stewards for Collier County and as residents, please review the entire picture. You have already received a petition with signatures from 88 percent of the addresses in Black Bear Ridge. Let's remember Mission Hill Shopping Center next to us is strategically buffered and has a Winn-Dixie, fast food, sit-down restaurant, vet, 7-Eleven with gas, bank, dentist, insurance agency, nail salon and a bar. Falls of Portofino, next to Vanderbilt Commons, is partially built out and has lower rents available. Here are the activities that have been happening with the property that I would like the commissioners to understand: In good faith, October of 2017, we worked with the developer hours upon hours agreeing with the list of SIC codes that provided a full range of businesses compatible with the needs of the surrounding area. The developer specifically did not want any animal vet/grooming because the property does not lend itself to that type of business. This isn't about traffic. The developer has accepted a lease from a business that clearly and openly has advertised as one specifically called out as not allowed in the PUD. December 11, 2018 Page 44 The developer is putting a request in to change the PUD to allow residential units on the ground floor of a proposed building. The PUD requires commercial on the ground floor and residential on the second and third floor. We already have experienced light shining into our preserves and homes from the storage unit which the developer would not correct. Since then, the storage unit has changed hands. We ask for your support in development of Vanderbilt Commons in the fashion in which it was intended. We have done everything possible to work in good faith with the developer, but the developer is disingenuous in his actions. This is turning into a botched-up development and is negative value to the area, quality of life, and property values. Why is the developer forcing Collier County Commissioners to waste valuable time and money on something already decided by the county when the county has so many more critical things to address? There is nothing new in this area to justify the change. We, as residents, end up wasting time and money when the only benefactor is the developer. Thank you. MR. MILLER: Your next speaker on this item is Beverly Smith. She will be followed by Marc Allen. MS. SMITH: Good morning, Commissioners. My name is Beverly Smith. I'm a resident of Black Bear Ridge. I'd like to reconfirm the statements that Ms. Abrams has just stated, but I'd like to add my frustration and disappointment that we stand before the Board on a matter that was finalized more than a year ago. As a representative of Black Bear Ridge, I stood at this podium side by side with Mr. George Vuko, the developer. After months of negotiation, we both agreed to the amended PUD as presented that December 11, 2018 Page 45 morning. So here we are at the expense of taxpayers' money and utilizing valuable time of the Board to do it all again. The issue at hand, the dog groomer and the vet office, was specifically not included in the original permitted usage by agreement of the developer who agreed that the facility was not constructed to handle the issue of animal waste. There is no safe, proper designated area for animals to be walked. The business was advertised in the window of the potential lease for several months now before he even came to ask for a dispensation for the compatible and comparable use. A pattern's now emerged where this developer is not following the agreed terms of the PUD. A thrift store was permitted under the guise of being an antique store. This business received the permit under this guise. We have made contact with the county regarding the violation, but the permit was issued. Now we have no choice but to wait for the store to open and have Code Enforcement take the matter in hand. Again, unnecessary taxpayer expense and the county officials' time. As the developer knew the business was prohibited and an attempt to override the PUD by misuse of a SIC code, the pattern is now being established. Again, we now find that the developer is now asking that the PUD be reevaluated again to amend the resolution of the residential housing agreement. Housing is supposed to be over commercial. His original plan was denied and sent back, his site plan. Now he's going to try again to have the PUD changed. So, again, the pattern continues. We came to an agreement. All we ask is that that agreement be adhered to by the county. We ask for your help in this matter. We don't want to have to be here again. Thank you very much. MR. MILLER: Your next speaker on this issue is Marc Allen. December 11, 2018 Page 46 He will be followed by Wendy Fuchs. MR. ALLEN: Good morning. My name is Marc Allen. I live in Black Bear Ridge, which abuts against the Vanderbilt Commons development. This proposal should not be approved because it carries with it a public-health risk that has not been addressed. Animals carry diseases, just like humans, and some of these diseases may be transmitted to humans. These are called zoonotic diseases. There are a whole host of them, and they can cause human disease ranging from no symptoms to mild, and self-limiting symptoms to a fatal infection. Since my time is limited, I want to talk about just one, a round worm parasitic disease called toxocariasis. The CDC has identified toxocariasis as a priority for public-health action. Toxocariasis is relatively common in dogs and cats. Infected dogs and cats shed toxocara eggs in their feces. The CDC report said a USA study showed that 30 percent of dogs younger than six months have toxocara eggs in their feces. Other studies have shown that almost all puppies born are infected and 25 percent of cats are infected. Thus, it is likely that some animals brought to the clinic would be infected. The parasitic eggs have a strong protective layer which allows them to survive in the environment for months or years under the right conditions. Many common disinfectants are not effective against the eggs. Humans are infected through ingestion of larvated eggs from the soil or from anything contaminated by the eggs. After ingestion, the eggs hatch in the small intestine. The larva penetrate the intestine with cosa (sic), pass to the liver, and thereafter travel to the lungs, the brain, the eyes, and other parts of the body. Two disease entities result: Visceral larva migrants and ocular larva migrants. This is when the parasitic larva are worming their way through the host's body. Often, these are children. December 11, 2018 Page 47 The problem here is that the animals that would be brought to the clinic would not include only healthy but also sick animals, and these animals may not be solely in the clinic and in the owner's vehicle. It is likely that an owner may allow the animal to relieve itself on the grass surrounding the parking lot, or the owner may even bring the animal to one of the adjacent restaurants. If parasitic eggs get deposited in the area around the clinic, they may persist for years. Another animal or person may become infected. Often this is a child. This is an unnecessary risk. The site is not an appropriate setting for a veterinary clinic. The proposal should be rejected. It's not a comparable use. Thank you. MR. MILLER: Your next speaker is Wendy Fuchs. She'll be followed by Carlos Vasollo. MS. FUCHS: Good morning. Wendy Fuchs, and I'm a resident of Black Bear Ridge. And I agree with all my other previous neighbors that have made comments this morning. My home actually backs up to the industrial storage facility across from the preserve, which is behind this strip center, and I am one of the 10 homes that has been impacted by the 24-hour lights shining into my home, windows, living room, kitchen, dining room, and lanai. I'm asking the -- I am asking that Vanderbilt Commons not be given a variance on the previously agreed businesses of the PUD for the following reasons: The development of the current strip mall does not provide adequate areas for animals visiting the vet to relieve themselves, unless they are taken into the drainage ditch along Vanderbilt Beach Road. As you can see here, there's rocks and bushes which, when they are fully grown out and some other type of ground cover, doesn't allow for somebody to take their dog to defecate. They have to go into the drainage ditch along Vanderbilt Beach Road. December 11, 2018 Page 48 For the past three or four years our community has endured the continual unappealing look of piles of dirt, construction equipment, construction materials being thrown about the lots, PVC piping, and concrete debris. Vanderbilt Commons has not upheld their obligations to not adversely affect neighboring areas. In addition to this, the Black Bear Ridge community has had declining property values while most of Naples has been increasing. This shouldn't be, as we are a well-built Stock Construction community in that -- in our community. The two major issues I can identify are the issues addressed above with Vanderbilt Commons and the adjacent Falls of Portofino community, which has remained an unfinished community for 11 years without upholding any community standards. So to wrap it up, I am asking for your thoughtful consideration of the 100 homes in Black Bear Ridge. Thank you very much. MR. MILLER: Your final registered speaker on this item is Carlos Vasollo. MR. VASOLLO: Good morning, Commissioners. My name is Carlos Vasollo. I live in Golden Gate Estates just two streets south of this development. My neighbors and I get together almost every afternoon. We go for a walk. We take our dogs. And since we have dogs, the topic of dog maintenance and veterinarians comes up all the time. And it's really a burden on us that we don't have any veterinarians in the area. And due to the fact that there are such few veterinarians, the fees are quite high. One of my neighbors the other day was commenting the dog had some problems that needed to be taken care of. She'd like to have another dog, but the distance, the inconvenience, and the expense of not having another vet in the area is preventing her from being able to get another dog. December 11, 2018 Page 49 As someone who's lived in that neighborhood for over 20 years, I welcome all these new developments and the shopping centers and the convenience. I don't have to drive five, 10 miles away just to get the services that everybody else takes for granted. So I'm sorry that some of the other neighbors don't appreciate that, but for some of us that need these kind of services it's nice to be able to go two blocks away, have restaurants, have a vet, have a supermarket and not have to drive five, 10 miles away to get the same services that everybody else takes for granted. Thank you for your time. MR. MILLER: That was your final speaker on this item. MS. WEAVER: Okay. I'm just going to try to address the concerns that are relevant to the application. So this image shows our request is for Lots 1 and 2. Outlined in red is the entire PUD. This applicant currently owns this, Lots 1 and 2, and so this request is only going to be affecting these lots. I know that there was -- it was said that we committed to no vet clinic, but we couldn't find that any commitment was ever made. We went through all of the minutes. We worked with staff, and there was no commitment such as that ever made. And this is not an amendment or a variance. We're just requesting a confirmation of a comparable use based on the typical operations of the business. The comparable use is typically a lower-level application through staff and the Hearing Examiner. This PUD is unique in that we -- in working with Black Bear Ridge, we agreed to increase, I should say, the process for comparable uses. We've added a separate clause in the PUD to require a NIM for every comparable-use application, which is not usually required for any other PUD. So we are doing more for the process for this request, and that's because of negotiations with Black Bear Ridge during the original December 11, 2018 Page 50 PUD approval. There are no prohibited businesses open in the development, and no prohibited businesses will be able to open unless approved. So we just want to kindly request the confirmation of staff's recommendation for approval of the comparable use. CHAIRMAN SOLIS: Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I met with the petitioner yesterday. I didn't have any particular problems with this type of veterinary clinic, but there have been problems with this particular developer, I believe, over the years. And so I'm not sure what position I'm going to take on this right now. I did tell the developer that I didn't seem to have an issue, but I reserve the right to hear what is said today and make my decision. And I'd like to ask Mr. Bosi to give us a little bit information about this type of a clinic and the comments that you just heard concerning how these animals are going to be -- to use their term, relieve themselves, where they're going to do this, how they're going to take care of that waste material, whether or not there are code violations if they don't take care of the waste material properly. MR. BOSI: Again, Mike Bosi, Planning and Zoning director. The operational aspect of how the dogs would relieve themselves and where they would relieve themselves would be something that the applicant would have to ensure that there's adequate room to provide for, and how that waste is managed and taken care of would be an issue that could be a code enforcement violation if it's found to not be addressed in the proper way in terms of meeting the health standards. COMMISSIONER SAUNDERS: Do they have proper facilities, a proper location? Is there room for that type of management of the waste material? MR. BOSI: I believe there's -- there is enough vegetated grass areas towards where they can, but I would turn to the applicant to December 11, 2018 Page 51 provide a little bit more description of the proposed building area of 1 and 2 and where those facilities are going to be provided for. CHAIRMAN SOLIS: And if I can just follow up with that question. Are there standards for that in the Land Development Code in terms of veterinary operations? MR. BOSI: There's no standards that gives us any guidance in terms of how much is required. CHAIRMAN SOLIS: Okay. MS. WEAVER: So we believe that we have plenty of landscaping on the property to accommodate and, of course, the businesses will be responsible to maintain the cleanliness and upkeep of the area. We also have an association over all -- the entire PUD that will be keeping up with the area to maintain anywhere that the animals relieve themselves and then, of course, the code enforcement if all else fails. We hope not to ever get to that point. COMMISSIONER SAUNDERS: Who controls that association? MS. WEAVER: Developer. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: And just one comment with regard to that. I mean -- ultimately -- and I certainly share the concerns, but it's the pet owner's responsibility to clean up after your pet. Irrespective of where the animal chooses to relieve itself, it's the pet owner's responsibility. I own a public facility myself. We welcome people to bring their pets, but we also share with them that the responsibility is that of the pet owner to clean up after themselves. So though it's a concern, and I see the validity, I'm not really seeing that it's that large of a detriment, that large of a deviation from the currently permitted uses that the PUD, in fact, allows. So I'd like to go ahead and make a motion for recommendation of the approval of the comparable/compatible use. December 11, 2018 Page 52 CHAIRMAN SOLIS: There's a motion. COMMISSIONER SAUNDERS: Mr. Chairman, on the motion, I'm going to vote against the motion, and this is a change of my position from -- not really my position but my thoughts yesterday. This has been a problem. This area's been a problem since I've been on the Board. And I think that we need to send a message to the developer there that we're not going to permit changes that people have come to rely on. So I'm going to vote against the motion. CHAIRMAN SOLIS: Okay. Well, was there a second for the motion? COMMISSIONER FIALA: I have not seconded it or anything. CHAIRMAN SOLIS: I don't know that it matters at this point. COMMISSIONER McDANIEL: It's a majority vote on this. This isn't a supermajority. CHAIRMAN SOLIS: Oh, this is just a majority vote. COMMISSIONER McDANIEL: My understanding. MR. KLATZKOW: It's not a zoning change, so it's a majority. CHAIRMAN SOLIS: Right. It's not a zoning change. It's just a verification request. COMMISSIONER McDANIEL: That's correct. CHAIRMAN SOLIS: Okay. COMMISSIONER FIALA: So is there a history of this developer changing things after things are approved or something? I didn't quite understand what you meant. COMMISSIONER SAUNDERS: Yeah. Over the last year and a half, there have been situations where there have been disputes with the developer that have taken quite a bit of effort and time to resolve. I don't know if there's anybody from Black Bear Ridge that might be able to elaborate on that for the rest of the Board just real briefly, but that might be helpful. CHAIRMAN SOLIS: They've already had their three minutes. December 11, 2018 Page 53 COMMISSIONER SAUNDERS: Well, I'm just asking them a question. I'd ask the Board to permit me to ask the speaker a question. CHAIRMAN SOLIS: Okay. COMMISSIONER SAUNDERS: And that question is -- CHAIRMAN SOLIS: If we could be brief. MS. SMITH: Yes. Yes, we did work with the developer months and months to develop the PUD that was agreed to last October. And I want to state that at a side table right here the developer and I and other members discussed dog grooming and a veterinarian, and he agreed. COMMISSIONER FIALA: Could you speak into that microphone. MS. SMITH: I'm sorry. He did agree not to, so -- put that into the PUD because we talked about adding that to the PUD at that time. So he did agree not to based on the opinion that his facility would not accommodate it, and that was right here at a sidebar with the zoning board commission when we did that. And, again, like I say, it's a change. CHAIRMAN SOLIS: Mr. Bosi, if the concern is dog waste, I mean, are there any standards at all in either -- I mean, Department of Health standards? What do we look at in general when someone is asking for a zoning verification letter that a veterinary facility or a dog-grooming facility is allowed? MR. BOSI: The first test that we look at what -- the proposed use, in this case the dog groomer or veterinarian was the zoning category that that would be supported by our Land Development Code, and that's a C2 -- that's a C2 designation. And then we look at the uses, the zoning uses that are allowed within the PUD, and this PUD has a C3 and a C4 allocation. So from a zoning standpoint, the use that's being proposed is in a December 11, 2018 Page 54 lower zoning district so, therefore, it passes the test; therefore, it would be a -- it would be able to be advanced for a comparable/compatible determination. And then we look at some of the operational characteristics, and the first and foremost is traffic, and traffic from a comparable use, from the uses that are provided in the PUD, it provides for either a decrease or a net neutral in terms of traffic evaluation so -- and, therefore, it would suggest that it would be a comparable/compatible use with the PUD and with the external effects that it would have upon it. Now, related to -- it would be the Department of Health that we would have to look to in terms of any guidance in terms of the handling of the waste associated with -- but not the Land Development Code. CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Quick question of staff. Do we have any other veterinarian clinics within the community that are contained within a shopping plaza with outdoor facilities? MR. BOSI: Off the top of my head, I can't identify. Normally, we do have veterinarian clinics that are within shopping plazas, but I don't know the backside of those shopping plazas in terms of how those veterinarians are operating and walking into those facilities. COMMISSIONER McDANIEL: And complaints with regard to animals? MR. BOSI: I'm not aware of any recent code enforcement issues related to -- CHAIRMAN SOLIS: Maybe Mr. French can shed some light on that. MR. FRUTH: For the record, Josh Fruth with Davidson Engineering. The pointer right there is a -- if you guys could flip over to the December 11, 2018 Page 55 presentation, please. That is an existing vet. COMMISSIONER FIALA: What is your name, please? MR. FRUTH: Josh Fruth. CHAIRMAN SOLIS: Davidson Engineering. MR. FRUTH: Davidson Engineering. This is Mission Hills, and this is an existing vet within a shopping plaza, and it's within the parking lot area, as opposed to how ours is laid out. CHAIRMAN SOLIS: Okay. Would you like to hear from Mr. French on code enforcement issue? COMMISSIONER McDANIEL: Certainly. I mean, I'm -- CHAIRMAN SOLIS: I'd like to. MR. OCHS: He has to get sworn in, sir. He wasn't sworn in. If the court reporter can swear in Mr. French, please. (The speaker was duly sworn and indicated in the affirmative.) MR. FRENCH: Commissioners, that would be -- I was just speaking with our Code Enforcement director. Those regulatory standards are established by your DAS ordinance, and they do pay attention to how those animals are treated with regards to facilities and things like that. We are aware of a number of these veterinarian clinics that exist throughout the county that would be in commercial-type settings such as your C3, C4-type districts with regards to the facilities. Many of them do offer kenneling, and they also have, let's say, runs or grassed areas that would allow for those pets, but it just really depends on the level of service that that service provider would be offering to their clients. But there is a DAS ordinance, sir. CHAIRMAN SOLIS: Okay. And I'm just curious -- and I don't want to ask Commissioner McDaniel's question, but is this a common code-enforcement issue that comes up in your experience? MR. FRENCH: No, sir. We don't -- code enforcement is under December 11, 2018 Page 56 my purview as well, and the 15 years that I've been here, I'm unaware of any veterinarian clinics that we brought before you, to the Special Magistrate or in front of the Code Enforcement Board. CHAIRMAN SOLIS: Okay. There's a motion -- anything else, anyone else? COMMISSIONER FIALA: You know, I just -- I'm befuddled by this, actually, because I know I've seen veterinary clinics right next door to restaurants. We have one right there on U.S. 41, and everything seems to operate fine and no problem. I think what we're -- what we're kind of hearing is there's more of a problem -- a deeper problem than what we're revealing here, and so that puts me in this state of mind. I don't know what to do because are we, then, helping somebody who might somehow harm the community or something? I don't know if that's it. Or it seems to me that it should be something that we could just vote for, because I've seen them elsewhere, but I'm afraid to take that step because there's so much opposition to it. I don't know why. CHAIRMAN SOLIS: Okay. COMMISSIONER SAUNDERS: Mr. Chairman, this may be one of those things where we need to continue this. There's four of us here, and I don't think this issue is -- there may be a tie vote, which -- and I hate to put Commissioner Fiala on the spot. I need, perhaps, some more information from the neighborhood why this particular use is so obnoxious to them, and I probably would need to talk to the developer about what has happened in the past in terms of other issues. The developer's here. Maybe they can elaborate on that, but I think -- I would not support the motion today. CHAIRMAN SOLIS: Understood. COMMISSIONER SAUNDERS: I may be persuaded down the road to support it, but I need to have more time, I think, with the neighbors and with the developer. December 11, 2018 Page 57 MS. WEAVER: If we may, I think that -- George Vuko is our developer, and he's willing to speak today maybe a little bit on maybe the timeline of recent events to help clarify. COMMISSIONER McDANIEL: I do have one quick question of the applicant before Mr. Vukobratovich comes forward. And I'm one of the few people that can actually say his full last name. Did I hear you just say that there's already a veterinary clinic in the contiguous plaza to the east? MS. WEAVER: Yes, there is, right here in Mission Hills to the east. Also, pet stores are already permitted in the PUD, and often vets and groomers are within pet stores. So like a Pet Smart or something like that could go today. COMMISSIONER McDANIEL: Is that veterinarian allowed for outdoor kenneling? Because my concern would be with veterinarian operations is the outdoor kenneling allows for excessive noise. People's dogs and animals have a lot of noise, and you also have the issue of them relieving themselves outside at the same time, so -- but if there is no outdoor kenneling, you minimize all of that within the plaza itself. Does that particular veterinarian allow for outdoor kenneling? MS. WEAVER: I don't believe there's an outdoor run there. It's surrounded by parking. It's a little tough to see here, but I can't see one, and I know it's right next to a restaurant, like you were saying. It's in a typical shopping center. COMMISSIONER McDANIEL: Thank you. CHAIRMAN SOLIS: There's been a request from Commissioner Saunders to continue. Is that something that the applicant doesn't want to do? MR. VUKOBRATOVICH: No. We -- good morning, Commissioners. My name is George Vukobratovich. CHAIRMAN SOLIS: Speak into the microphone. MR. VUKOBRATOVICH: He's right. December 11, 2018 Page 58 CHAIRMAN SOLIS: Thank you. MR. VUKOBRATOVICH: I've lived in this community for 35 years. We care about this community as much as anybody. Pets, dogs, they're parts of our family. This is a very difficult issue for me to understand how anybody would object to this. And there are underlying issues, but I'm not prepared -- I can't deal with that. What I can deal with is code, what's the right thing to do for our community; compassion. Just before you there was a gentleman with a little Boston Terrier with one eye. Who wouldn't want to let that dog have a veterinarian? This is difficult for us to even understand. This is no issue. There are veterinarian clinics in all of our centers. Our neighbors walk up and down the streets every evening. We get together with our pets, and we want to be able to take them to a veterinarian. This is a comparable/compatible issue. This isn't changing the PUD. This isn't modifying. And I never -- I have four dogs. I never committed to not having a veterinarian, ever. I couldn't list every single use, so the comparable/compatible is the normal way that you do this. We've had this veterinarian signed up since June. Do you have any idea economically how this has impacted a veterinarian to wait until now to do this? Please consider just a simple vote of a veterinarian clinic. Please. Thank you very much. And we would restrict where these dogs go. We would restrict -- you know, it is up to the owners. It is up to the business. There is no issue of code enforcement in this county for 30 years. Thank you very much. I appreciate your support. CHAIRMAN SOLIS: Did you want to say something? COMMISSIONER SAUNDERS: I think -- I'm not sure if December 11, 2018 Page 59 anybody else had anything else to say. I may have something when everybody's finished. COMMISSIONER FIALA: Okay. After listening to all of that, and hearing that there's already another veterinarian in the next shopping center over, which seems to be the same conditions, I would have to say, I would vote for it then. CHAIRMAN SOLIS: Will you second the motion, then? COMMISSIONER FIALA: I'll second his motion. CHAIRMAN SOLIS: Okay. There's a second. A motion and a second. Any other discussion? COMMISSIONER SAUNDERS: Mr. Chairman, just -- one quick comment. I don't have a problem with the veterinarian clinic, and I'm going to support the motion. I know that's going to be a little bit disappointing to some of the folks there, but I can't see where there's a particular problem with that. But I wanted to make a point, and that point is that there have been changes. There have been problems. And if there are going to be future changes, then I'll be more aggressive in opposing those if it's a negative impact on the neighborhood. So that's the point I wanted to make today is that, you know, you have a commitment to that neighborhood, and it's my goal to make sure that it's honored. So I'll support the motion, again, because I don't see there being a problem with the vet clinic in that location. COMMISSIONER FIALA: Okay. So let me ask -- would you mind if I asked, Commissioner Saunders, so what you're saying and what I think they're supposed to be agreeing to is that with this there will be no other changes; this is whatever -- CHAIRMAN SOLIS: This isn't a change. COMMISSIONER SAUNDERS: I mean, there may be other changes and things that are necessary, but it's going to have to be in concert with working with the neighborhood. That's all I'm saying. December 11, 2018 Page 60 COMMISSIONER McDANIEL: And not to paraphrase, Commissioner Saunders, but there were other issues raised by the neighbors with regard to their cooperation with the developer, and that we're just setting the -- setting notice that a more cooperative state is going to be requisite. MR. VUKOBRATOVICH: Understood. COMMISSIONER SAUNDERS: For example, there was an indication that there was a problem with some lighting bleeding into the neighborhood. That's easy to fix, and it should be. We shouldn't have these types of problems. MR. FRUTH: I'd just like to make a statement about the lighting. We did address that; it was not part of this development. But it was LED lighting with full cutoff optics that meet the Collier County standard. And we worked with that homeowner last year to address that, but it keeps coming up, but it's not part of this application. That's what we're trying to address. COMMISSIONER SAUNDERS: No, I understand it's not part of this. COMMISSIONER FIALA: But is it part of a shopping center that this gentleman owns. MR. VUKOBRATOVICH: No. COMMISSIONER McDANIEL: Not anymore. MR. VUKOBRATOVICH: No. CHAIRMAN SOLIS: Very good. There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: (Abstains.) COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? December 11, 2018 Page 61 (No response.) CHAIRMAN SOLIS: It's approved. MR. VUKOBRATOVICH: Thank you so much. We will take your words into account. CHAIRMAN SOLIS: And we now -- we're a little late for our court reporter's break, so we will come back at 10:58. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Thank you. Item #9A DEVELOPMENT ORDER 2018-03/RESOLUTION 2018-230: A RESOLUTION AMENDING RESOLUTION NO. 90-292 (DEVELOPMENT ORDER NO. 90-3, AS AMENDED) FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING THE MASTER PLAN TO RELOCATE UNBUILT ACCESS LOCATIONS FROM AIRPORT ROAD AND GOLDEN GATE PARKWAY TO ACCESS LOCATIONS ON LIVINGSTON ROAD FOR ACCESS ONLY TO THE AREAS OF THE PUD IDENTIFIED AS FP&L EASEMENT LOCATED SOUTH OF GREY OAKS DRIVE EAST; AMENDMENTS TO EXHIBIT E, DEVELOPMENT ORDER ACCESS CONDITIONS AND SUBEXHIBIT 1, PROJECT ACCESS LOCATIONS AND SUB-EXHIBIT 2 PROJECT ACCESS CONDITIONS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE – MOTION TO December 11, 2018 Page 62 APPROVE STAFF’S RECOMMENDATIONS ALLOWING ONLY 1 ACCESS POINT AND THE PETITIONER TO GIVE-UP THE RIGHTS TO ACCESS GREY OAKS ENTRANCE AND THIS PETITION DOESN’T ADDRESS USES FOR THE PUD – ADOPTED Item #9B ORDINANCE 2018-65: RECOMMENDATION TO AMEND ORDINANCE NO. 07-40, THE GREY OAKS MPUD, BY RELOCATING UNBUILT ACCESS LOCATIONS ON AIRPORT ROAD AND GOLDEN GATE PARKWAY TO LIVINGSTON ROAD FOR ACCESS ONLY TO THE AREAS OF THE PUD IDENTIFIED AS FP&L EASEMENT LOCATED SOUTH OF GREY OAKS DRIVE EAST, AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT MPUD CONSISTING OF 1,601+/- ACRES IS LOCATED AT THE NORTHEAST, NORTHWEST, AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT ROAD (S.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25, AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA – MOTION TO APPROVE STAFF’S RECOMMENDATIONS ALLOWING ONLY 1 ACCESS POINT AND THE PETITIONER TO GIVE-UP THE RIGHTS TO ACCESS TO GREY OAKS ENTRANCE AND THIS PETITION DOESN’T ADDRESS USES FOR THE PUD – ADOPTED MR. OCHS: Commissioners, we're moving on to Item 9A and 9B respectively. These items require participants be sworn in and ex parte disclosure be provided by commission members. Item 9A is a recommendation to deny a resolution amending the December 11, 2018 Page 63 Halstat/Grey Oaks Development of Regional Impact with reference to a request to relocate unbuilt access locations from Airport Road and Golden Gate Parkway to access locations on Livingston Road, and Item 9B is a recommendation to deny an ordinance amending the Grey Oaks MPUD by relocating unbuilt access locations as previously described. Mr. Chairman, ex parte disclosure would be in order at this point. CHAIRMAN SOLIS: Let's start with Commissioner Saunders. COMMISSIONER SAUNDERS: I had meetings with the petitioner, with residents of the Grey Oaks community, had some emails and other correspondence. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Thank you. Yes, I've had meetings with the petitioner, meetings with Grey Oaks, discussions and phone calls from both Grey Oaks and Wyndemere, meetings with Wyndemere, meetings with staff. Thank you. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes, I've had meetings with Bill Confoy, Wayne Mulligan, Les LaBov, Pete Swain. I met with Wayne Arnold and Rich Yovanovich and Al O'Donnell, discussion with planning commissioners, and I have staff reports, and then I talked to other people along the way that are too numerous to mention. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. See the file. I've had meetings, emails, phone calls, and the like. CHAIRMAN SOLIS: And I've also had meetings with the petitioner and his representatives, representatives from Wyndemere and -- residents from Wyndemere and Grey Oaks, and numerous emails as well. We need to swear the witnesses. December 11, 2018 Page 64 MR. OCHS: Yes, sir. (The speakers were duly sworn and indicated in the affirmative.) MR. YOVANOVICH: While the visualizer is coming up, for the record, Rich Yovanovich on behalf of the petitioner. With me today is Al O'Donnell and his wife, who are the owners of the property; Wayne Arnold, who is the professional planner; and Norm Trebilcock, who's our transportation consultant. I'm going to do a brief overview of the request of what we're here to talk about. What we're really here to talk about is a very limited issue. We're here to talk about the relocation of two currently approved access points within the Grey Oaks PUD from the areas I'm showing on the visualizer -- one is on Airport Road, and one is on Golden Gate Parkway -- and relocate those access points to Livingston Road to serve a parcel of property that is within the Grey Oaks PUD that is along Livingston Road. It's immediately to the south of Grey Oaks Drive East. And you can see that on the visualizer. It's to the south and basically goes all the way down to the FP&L -- I guess that's a substation or a big a bunch of FP&L facilities. That property is within the golf course, recreation, park, and right-of-way portion of the Grey Oaks PUD, and the allowed uses on that property are -- and this is the permitted use section of the PUD, not accessory use section of the PUD. The permitted uses on this specific piece of property are storage, maintenance yards, and landscaping nurseries with the FP&L easements, rights-of-way, and open space. We're in an FP&L easement, and it's subject to the approval of persons or entities and who favor the easement or right-of-way runs. That's FP&L. It's an FP&L easement. So our use of that property is subject to getting permission from FP&L similarly to when we came up on the Oakes Farm PUD that we did up on Livingston Road. It was underneath an FP&L easement. December 11, 2018 Page 65 We had to get FP&L's permission in order, in that case, to put a parking lot. So there are limited uses that can occur within an FP&L easement. Now, the request was to relocate these access points because Mr. O'Donnell, when he acquired the property, committed to the residents that he would do everything in his power not to use the Grey Oaks Drive access that currently serves the property. So what you have in front of you is his attempt to fulfill that request and ask for access to this property so he can basically give up his only legal access that he has today, which is Grey Oaks Drive. We're asking for, as you can see just south of the entrance, a left-in and a right-in/right-out, and, just south of that, a right-in/right-out. Your staff report was a little confusing. What they -- and Mr. Bosi can correct me if I'm wrong. But I think what Mr. Bosi was saying is we, as a staff, do not support both access points. We only support one access point. So we're recommending denial of both access points and limiting us to one access point, which I understand to be -- the one is the directional, which is the left-in, right-in/right-out. We can live with just the one access point. We think it's better to have the two access points, but if the Board wants to limit us to just one access point, we can accept that. That's the request of what you have before you today. Now, you will hear, as we've already had the first skirmish at the very beginning of the meeting, everything but the issue which is the access issue. Your staff, when it went to the Planning Commission, recommended approval of both access points. They looked at it from a transportation standpoint, and they determined that based upon a much higher demand that was in the original access which was, I think, 463 peak-hour trips, that these two access points were appropriate. We revised the Traffic Impact Statement. And based upon that, December 11, 2018 Page 66 that reduced the trips, I believe, to 172 peak-hour trips. They still determined that both access points were appropriate. So we are requesting that the Board of County Commissioners approve -- we'd like to have both, but if you want to follow your staff's recommendation that we only have one, it would be that directional, you know, left-in, right-in/right-out on the report. It is our desire to not use Grey Oaks Drive, but we will if we have to and we're denied, because that is our only legal access to the property as we sit here today. I'm going to resist the temptation to rebut what I already know I'm going to hear later. I'll wait. I'll let the public speak, and then I'll come back up and rebut and interject myself, if necessary, to preserve some legal rights for my client. But with that, I just wanted to give a brief overview. If you have any questions about us, our request, Wayne or Norm or I can handle it. But it really is that short and simple, and we request that the Board approve at least one access point so we don't have to use Grey Oaks Drive. Thank you. CHAIRMAN SOLIS: Thank you. Public speakers? MR. MILLER: Yes, Mr. Chairman. We have 17 public speakers for this item. MR. OCHS: Commissioner, I'm sorry for the interruption again, but the staff would like to get something on the record. CHAIRMAN SOLIS: I'm sorry. I apologize, Mr. Bosi. MR. BOSI: Mike Bosi, Planning and Zoning director again, and absolutely understandable. As Mr. Yovanovich had indicated and as corresponded to Attachment H, which was in the packet related to the petition, there December 11, 2018 Page 67 was a memorandum that I generated to the Planning Commission based upon the revised application. Staff reviewed the trips associated with the landscape nursery. The landscape nursery is a use that's clearly provided for within this section. And based upon the reduced number of trips associated with that use, staff has revised -- is recommending denial upon two access points, but staff can support one additional access point based upon the limited number of trips that are associated with that permitted landscape nursery that's provided for by the PUD. The staff just wanted to provide that clarification. CHAIRMAN SOLIS: Okay. Thank you. MR. MILLER: Mr. Chairman, we've 17 public speakers for this item. Your first speaker will be Bill Confoy, and he will be followed by Larry Olson. I would like to ask the speakers to queue up at each podium so we can move this along a little quicker. Thank you. CHAIRMAN SOLIS: In addition, we have a very full agenda, and if you're in agreement with what a prior speaker says, please limit your comments and just note that you're in agreement with what the prior speaker said so we're not necessarily repeating everything. COMMISSIONER TAYLOR: A point of order, if I may. I think it's very -- it may happen that some of the speakers might go into the area of what that property can actually -- what people can actually do on that property, and I'm not sure that's what's before us. And so I respectfully ask the Chair to direct their conversation to specifically the issue that's before us, which happens to do with the additional roadway into their -- to their development from Livingston. I'm concerned we're going to get into uses and what could go on there and what if this happens and, clearly, we can't even opine on it right now. So that -- with all due respect. CHAIRMAN SOLIS: Yeah, I understand. And I would urge everyone to keep your comments to what the issue is. I mean, I'm a December 11, 2018 Page 68 little reluctant to cut people off just because it's -- I know that's what we're going to hear. And I agree with you that we need to keep it relevant to what the application is, so please try to do that. Thank you. MR. CONFOY: Thank you, Commissioners. Bill Confoy. I'm the vice president of the homeowners' association at Wyndemere. And we have a lot of speakers from Wyndemere here. But I also attended the hearing that was chaired on the -- by Mark Strain and his staff, and so I do have comments based on what I heard. And the first comment I want to make that I heard there was that the master plan does not allow property on Livingston Road to be commercial. I also heard that when the -- when the PUD was approved, Commissioner Saunders, 1990, moved, and that approval included the stipulation that there would be no commercial in the vicinity of Livingston, and we agree. Section 4 of the Grey Oaks PUD, the section that says "nursery" that we saw on the screen there, is for uses associated with the Grey Oaks activities: Recreation, parks, golf, and a nursery. It allows establishments that would serve the members of the Grey Oaks community. Clearly, an outside landscape contracting business does not meet that criteria. A nursery is not a landscape contracting. A nursery is for growing plants and would involve only 12 vehicles coming in the a.m. and leaving in the p.m. Landscape contracting, however, requires trailers, bathrooms, lighting, fencing, signage, and noise. You're talking about 50 trucks, 250 employees coming and going twice a day into this area located on a busy road that is supposed to be a gateway to the city. It will not enhance the neighborhood, but it will add traffic, noise, and be a major safety issue. December 11, 2018 Page 69 This entire proposal should have been a part of a PUDA, which would have allowed the county agencies to fully evaluate this on its impact to the entire community. It appears that the petitioner thinks that giving them two access points to the property is all he needs to do to go forward with a full landscaping nursery. That must not be -- that must be prevented, and we request the Board to reject this proposal, as did the Planning Commission. So I've got 20 seconds left. I do know that their talk about coming in on the Grey Oaks parking lot that exists there would even be a worse condition than coming in to the one entry that the -- Mike Bosi, I think, is going to suggest. Thank you for listening. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Larry Olson. He will be followed by Les LaBov. MR. OLSON: Commissioners, Larry Olson, 132 Edgemere Way South at Wyndemere. If the Commissioners are leaning towards Mr. Bosi's recommendation of one entrance, we would be in support of that. Mr. O'Donnell has said that they would use, in that case, both the Grey Oaks entry and the one permitted entrance. We would be against that. The amount of congestion and traffic backup at the existing stoplight would be unacceptable. So we are opposed to the petition. Thank you. MR. MILLER: Your next speaker is Les LaBov. He will be followed by Kevin Killilea. MR. KILLILEA: Killilea. MR. MILLER: Killilea, thank you. MR. LeBOV: Hi, I'm Les LaBov. I'm the president of the homeowners' association of Wyndemere, and I just would like to make December 11, 2018 Page 70 a very brief comment. I don't want to repeat a lot of what Bill Confoy's already said. But I think our big concern, again, is the traffic, the safety, the noise. And I think we're not opposed to an alternate entrance. We are opposed to what the actual site is going to be used for and the amount of extra traffic, extra noise, lighting, all the other things that go with it, and that's what we're really most concerned about. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Kevin Killilea, and he will be followed by Peter Swain. MR. KILLILEA: Good morning. My name is Kevin Killilea. I live at 340 Edgemere Way North in Wyndemere. And I'm also a recent board member of the Pond Apple Association, which fronts on the wall that separates us from Livingston Road. In the interest of time, I'm just going to say that I have been asked to agree with what Bill and others have said. We're most concerned about the impact that this would have on our community and our lifestyle and the traffic that it might generate based on what the use would be on that particular piece of property. A nursery versus a commercial operation is what the concern is here for me. Appreciate your time. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Peter Swain. He will be followed by Steven, I think it says Thompson. MR. SWAIN: Yes, I'm Peter Swain, president of the Grey Oaks Property Owners' Association. And, if possible, I would like to defer for one moment. CHAIRMAN SOLIS: Well, are you ceding your time to Mr. Lewis? MR. SWAIN: Yes. CHAIRMAN SOLIS: Okay. December 11, 2018 Page 71 MR. LEWIS: All right. Thank you. For the record, Doug Lewis with Thompson and Lewis Law Firm. I was encouraged -- as I mentioned earlier, I do represent the Grey Oaks communities. I was encouraged by Mr. Yovanovich's comments, and I wanted to, perhaps to expedite our comments today, make a proposal. I think I heard Mr. Yovanovich indicate that their intent to go after the access on Livingston was to avoid using the Grey Oaks Drive East and that their only issue that's being decided today is the question of access and that we're not deciding the issue of use, whether or not, you know, commercial/industrial uses can occur on the property. So in that vein, I would like to ask -- and I think we can expedite everyone's time today -- if the applicants would stipulate as to any approval today, if this board was so inclined to grant access, if they would agree to first stipulate that the uses as proposed by the applicant under its traffic impact study or otherwise as disclosed by the applicant to staff as part of the applications are not being approved today, that's the first point, to stipulate you're not granting approval of use rights today. I think we're in agreement on that. And, second, that access along Livingston is only being granted today for the uses permitted under the PUD, the Comprehensive Plan and restrictive covenants, and that the county's not deciding this issue today. That's an issue to be decided later on at some future point. We're only discussing access today, whether or not access can be granted. And, second (sic), as part of any stipulation or any motion to approve, whether or not the applicant would agree as a condition -- any condition that they would give up, any claim of rights to use access along Grey Oaks Drive East. And if they're willing to do that, I think that's really the effect of what they're saying. They're coming in and saying, look, we want to locate access points within the PUD that aren't being utilized, namely the access December 11, 2018 Page 72 points along Airport and Golden Gate, and we want to relocate that access so we can use access along Livingston. Well, that's great, and I think the same logic applies for Grey Oaks Drive East. If they really don't need that access and they're really wanting to access directly off of Livingston, then I think they would agree to make things simpler today and stipulate as to any condition, any access condition on Livingston, they would agree to give that up. If they do that, I'm inclined, and I've been authorized by my client, to support the Board's effort to grant access to the party on Livingston. Those are the stipulations. MR. YOVANOVICH: May I? CHAIRMAN SOLIS: Yes. MR. YOVANOVICH: Before I do that, I want to know how many public speakers he represents and will be giving up their time to speak. Because I don't want to get up here, make some commitments and some discussions and then find out I've got people speaking behind us, because he's just said we're going to expedite the process. I just want to know, of the remaining speakers, how many people will no longer be speaking? MR. LEWIS: First of all, I represent the Grey Oak Property Owners' Association, the Estuary at Grey Oaks, and the Grey Oaks Country Club. MR. YOVANOVICH: I appreciate that. MR. LEWIS: So in that regard, I have signed up to speak, the president of one of the member clubs has ceded his time. But as you are aware, they're an affected party, and we need to establish a record. So if we aren't able to resolve it, I'm going to need to establish a record today, and we're going to ask for the adequate time, a reasonable amount of time to do that. MR. YOVANOVICH: Mr. Lewis, I asked a very simple question. How many registered speakers will no longer be speaking if December 11, 2018 Page 73 I -- we expedite this? That's not -- that was very simple. MR. LEWIS: I can speak for those three organizations. MR. YOVANOVICH: All right. Is there anybody else who signed up to speak that's going to continue to speak if I agree to your terms? MR. LEWIS: I can tell you that those three organizations, this issue will be resolved. MR. YOVANOVICH: Again, that's not helping me on the rest of the -- MR. MILLER: Mr. Chairman, if I might. I don't have any slips here that indicated they want to cede to Mr. Lewis; however, the last slip also did not indicate they wanted to cede time to Mr. Lewis, so I can't really differentiate. MR. YOVANOVICH: Let's see if I can make this a little quicker, okay. I have always said that this hearing has absolutely nothing to do with the uses allowed on the property. I said that in my opening statement. That is as far as I'm going to go. I'm not going any further than that. Second of all, if we can have the right-in/right-out, the directional left and the further south one down by FP&L, those two limited access points, I'm authorized to give up the use of Grey Oaks Boulevard (sic), which would take care of the intersection issue. I'm not going to stipulate to any of this other stuff. This is a -- it's not a use issue. It's an access issue. That's what we're here to talk about. If we're going to have a fight later about use, we'll have that fight later about use. That's what I'm willing to say. MR. LEWIS: And what we're going to say is, if we don't get that assurance in writing or as a commitment to the approval, then we're left in a court fight, and I have to be able to -- December 11, 2018 Page 74 COMMISSIONER SAUNDERS: Mr. Lewis, he's just said on the record as their attorney what he's willing to agree to. If that's acceptable to you, that's, in effect, in writing. That's part of the record. MR. LEWIS: And so what we would -- no, that's not our -- our request is as a stipulation for approval, that those items be built into any approval. In other words, that we tighten that issue down so we don't -- COMMISSIONER SAUNDERS: Mr. Chairman, this is the Board's public hearing on this. COMMISSIONER TAYLOR: We just need to conduct the public hearing. MR. KLATZKOW: The Board has the ability to place conditions on any approval, including that they will not use Grey Oaks Boulevard. CHAIRMAN SOLIS: Right. MR. KLATZKOW: Whether you grant them one access point or two access points, either way you can make it a condition that the granting is conditioned on their not using Grey Oaks. CHAIRMAN SOLIS: I think -- Rich, I think we need to -- let's hear the public speakers to the extent that they want to continue to speak. I don't think that he can represent that he represents other than three speakers. So why don't we just conduct the public hearing. If there's a deal, maybe you can discuss this. At the end we'll figure out where we're at. MR. YOVANOVICH: Mr. Saunders, if you'll just indulge me on this and the rest of the Board. I wouldn't mind stipulating as part of the motion, if a motion is made to approve, the relocation of the access points, that we would not utilize Grey Oaks Boulevard in the motion, and that could be in the motion. That could be part of the motion. COMMISSIONER SAUNDERS: I understand that. MR. YOVANOVICH: And, hopefully, that will save us all a long public hearing. December 11, 2018 Page 75 COMMISSIONER SAUNDERS: That is not what Mr. Lewis wants you to stipulate to. MR. YOVANOVICH: But I'm willing to do that. COMMISSIONER SAUNDERS: If we could simply conduct the public hearing, and then there will be a motion, and it may contain that restriction, it may even contain restrictions that Mr. Lewis wants, but otherwise we're just going to be sitting here going in circles. MR. MILLER: Mr. Chairman, your next registered speaker is Steven, I think that says Thompson. MR. THOMPSON: I defer to Mr. Lewis. COMMISSIONER McDANIEL: Mr. Lewis isn't done. CHAIRMAN SOLIS: He's deferring to Mr. Lewis, so he's got three more minutes. MR. LEWIS: And I would respectfully request, Mr. Klatzkow, if -- as an affected party, whether or not, on behalf of my clients, we can have additional time to create the record that we need. Frankly, my preference would be to -- MR. KLATZKOW: You are spending so much time talking about everything else, why don't you just set your record and be done with it. MR. LEWIS: Okay. Will do. MR. MILLER: One last question. Mr. Chair, should I call some of these names to see if any other people are ceding time? CHAIRMAN SOLIS: Yes, please. MR. MILLER: Mr. Kelly, Richard Kelly, are you ceding time? CHAIRMAN SOLIS: Or would waive their right to speak. MR. KLATZKOW: I would just say, allow him to put his foundations for any possible court action after that, and then we're done with this, whether he's ceded additional time or not. CHAIRMAN SOLIS: Okay. MR. KLATZKOW: Doug, whatever you have to say. December 11, 2018 Page 76 MR. MILLER: Proceed. MR. LEWIS: And I just wanted to give one last opportunity. I think Mr. Yovanovich agreed to those conditions. If he did, I'm not going to waste my time. If there's not an agreement -- MR. KLATZKOW: Doug, just lay your record. MR. LEWIS: Okay. So I have a brief introductory background statement first, and that will include some introductory points. I have some procedural objections that we'd like to put into the record -- MR. KLATZKOW: Doug, I'm not spending 10 minutes here. Just tell the Board what your objection is and be done with this. CHAIRMAN SOLIS: Yeah. This isn't an appeal. This is a public hearing. There's an applicant that's made an application. Staff has made their recommendation. We have public speakers. Let's conduct it like a public hearing, not an appeal, which, whether that comes later, we can do that, but -- MR. LEWIS: Well, just so that we're clear on the record, I have signed up to speak. Mr. Thompson signed up to speak. The chair of one club, so that's nine minutes, and we've wasted several minutes trying to address the procedural. I'm asking for a little due process today to be able to put it in the record -- CHAIRMAN SOLIS: You've got nine minutes. COMMISSIONER SAUNDERS: Mr. Lewis, would you just make your presentation; that's all we're asking you to do. MR. LEWIS: Well, that's not what you asked me to do, with all due respect. I appreciate that, Mr. Saunders. I will proceed. CHAIRMAN SOLIS: Now it's eight minutes. MR. LEWIS: I was starting my presentation. I was just interrupted. MR. MILLER: You've used three; six left. MR. LEWIS: By way of introductory statements, there's nine points that we'd like to make. First, our clients have property interest December 11, 2018 Page 77 in both -- that are subject to both the PUD and the DRI. The Grey Oaks residents and community are directly impacted by the proposed agenda items, and they are an affected party. Second, to address an earlier question, our engagement letter was signed on Friday, December 7th, 2017 (sic), and we received the first title search on Thursday, December 6th, 2018, in anticipation of the return of the signed engagement letter. Third, the Board should be aware that the applicants are asserting rights to use Grey Oaks Drive, which don't -- we understand and affirm, ordered title work to evaluate this assertion. Fourth, our clients reject the applicant's assertion that they have access rights to use the Grey Oaks Drive East for the uses listed in the traffic study or otherwise. As such, our clients, rightly, are concerned that the applicants are seeking direct access today off Livingston but also seek to retain rights to use Grey Oaks Drive perhaps to put the applicants in a stronger negotiating position to bring in unlawful uses under the PUD later. Fifth, we see it as being reasonable that any direct access granted by this board today by the -- to the applicant off Livingston would be conditioned upon the applicant agreeing to relocate and surrender any claim to use Grey Oaks Drive East. The applicants are asking the county to relocate the PUD access points off Airport-Pulling and Golden Gate so they can directly access Livingston. Why wouldn't they also agree to relocate and surrender any claims to access Grey Oaks Drive as part of the same request? Sixth, we met with the applicants on Monday to discuss this issue and others, and we are disappointed that, to date, the applicants, although we may see something different, have been unable -- unwilling to give up any claim as part of this petition to use Grey Oaks Drive. Seventh, our clients have not approved the applications and December 11, 2018 Page 78 proffer the following affidavits to be placed in the record: With respect to the applications, I have a copy of the affidavits, and I've got one for the applicant. I will leave these so we have these in the record. But these are the affidavits. They're affidavits from the president of the Grey Oaks Property Owners' Association, the president of the Estuary at the Grey Oaks Property Association, and the chairman of the board of the Grey Oaks Country Club, and the Board of Lack (sic) for the Grey Oaks Country Club. So I will tender those as part of the record. Eighth, we did not -- we did not -- why did the PUD -- when you look at the original PUD, why did it not provide access -- direct access along Livingston for the FP&L easement parcel? That's a great question to focus on. Why did it not provide direct access? It's clear that direct access was not provided under the -- to the FP&L parcel because no commercial, when you look at the Table 1 uses, or industrial uses are permitted under the PUD at this site, and this site was only intended to support the approved PUD residential and office, retail, commercial uses at the site. Ninth, the applicant has represented to my clients that they are not seeking any right -- use rights or approvals in connection with this amendment to the DRI and the PUD applications. We accept this stipulation. For the record, however, we maintain that a wholesale nursery and a landscape contracting business as identified by the applicant and its traffic impact study comprise two different and distinct industrial uses and that they have separate use codes and classifications, none of which are permitted under the PUD and the Comprehensive Plan and restrictive covenants. Now, turning to our procedural objections, our clients maintain that neither the applicant -- that either the applicant does not comply with the unified control covenant pursuant to Section 4.07.01 or that the -- alternatively, they have no authority to file the amendments to December 11, 2018 Page 79 the DRI and the PUD. Now, we acknowledge that those are private documents, but there are interplays between those private documents in the LDC. So in support of that position, we have copies of eight affidavits, which I'll enter into the record, from an expert on real estate and title matters, and I will proffer him as an expert. If Mr. Yovanovich has any objections, I will be happy to come up, and we can qualify him as an expert. But he's being entered as an expert for purposes of his review of the title. So we have reviewed that. So in review of the title, we have certain procedural objections. We've noted that in 2016 the applicant attempted to -- purportedly attempted -- not applicant, but their seller in 2016 attempted to remove this parcel from the unified covenant of control that the county establishes to ensure that these restrictions are imposed on a private matter. They also provided an application to you today that said that they were in compliance with the unified control. It is our opinion, based on the affidavit and the information that we've provided, that there is no -- at this point no unified control document for this property assuming that amendment is valid, and we take the position that, alternatively, the amendment is invalid, which we assert it is. Then, clearly, under the declaration, as you'll see the affidavit in the record, the only party that has the ability to bring the amendment to the DRI or the PUD, which makes sense, would be the declarant. They, in their private document, maintain that right to control any amendments to the DRI or the PUD. Those are not complied with, and those are dealt with in the affidavit. So those are our procedural objections. If the applicant -- we've worked with Leo Salvatori in Mr. Yovanovich's office. We've asked for those documents. If they have them later, perhaps our title examiner could find -- was not able to find December 11, 2018 Page 80 those. But as it stands today, they're not there. Another interesting point is that there is a neighborhood community that's adjacent to this parcel, and we've discovered -- unless there's an amendment that Halstatt's filed that has removed that property from that, that property is common area, a big portion of the south piece of this FP&L parcel, according to the title documents. At one point we know it was put in part of the plat, Grey Oaks Unit 14. And a big portion of the property, almost half the property, is part of the neighborhood community. So we would say that. Finally -- those are our procedural objections. We'll tender the affidavits of record. Happy to talk about those. And then, finally, again, I just want to repeat, as part of any recommendation for approval, we would certainly, at this point, until we get those stipulations, we would ask for a denial. If you're inclined to approve any access off Livingston today, we would ask, as part of any motion to approve, whether or not they stipulate or not, that you would ask Mr. -- that you would stipulate or require and put in the approval that the uses as proposed by the applicant under its traffic study or as otherwise disclosed by the applicant, as part of its application, are not being approved today. You're not approving the uses. Number 2, that the access along Livingston is being granted today only for the uses permitted under the PUD, Comprehensive Plan, and restrictive covenant, and that the county's not deciding this issue, and, finally, that you would condition any access off Livingston upon the elimination of any claims on rights to use Grey Oaks Drive East. Thank you very much. CHAIRMAN SOLIS: Thank you. MR. MITCHELL: Your next public speaker is Richard Kelly. He will be followed by Barbara Kelly. COMMISSIONER FIALA: Now, did he just speak for a lot of the people in the audience? December 11, 2018 Page 81 COMMISSIONER TAYLOR: No, he did not. MR. MILLER: I only had two people say that they ceded time to Mr. Lewis, and he had a total of nine minutes. MR. KELLY: Thank you for the opportunity of speaking to you, Commissioners. My wife and I own property in Wyndemere on Wyndemere Way. I'm a retired attorney and currently, still, a municipal judge serving out my term this year in Wisconsin. Of course, when we bought this property, we thought it was -- we were buying property in a stable neighborhood, and so we're somewhat alarmed by the proposed development. I am a little puzzled by the access. It seems that Wyndemere is in a little different situation than Grey Oaks in that you're taking access points that are totally foreign to Wyndemere, access points on Airport Road and Golden Gate Road (sic) and now putting those access points onto Livingston which is, of course, the road that services our community. And, unlike Grey Oaks, we have only one access point. What puzzles me is -- MR. MILLER: You'll need to stay on the microphone. MR. KELLY: Oh, I'm sorry. CHAIRMAN SOLIS: You'll need to stay on the mic. MR. KELLY: I believe there's a concrete barrier that divides the north lanes from the south lanes on Livingston. And so for northbound traffic to access these points of access, it seems to me they're going to be making U-turns at our Livingston access where the lights are. So, I mean, the potential for noise and traffic congestion is pretty alarming. So, again, I appreciate -- and, of course, we're opposed to granting those access points. Thank you. MR. MILLER: Your next speaker is Barbara Kelly. She will be followed by Jack Denneboom. December 11, 2018 Page 82 MR. OCHS: The second speaker can come over to this other podium, please. Either one, ma'am. The second speaker to the alternate podium, please. Thank you. MS. KELLY: Thank you for the opportunity to speak. My name is Barbara Kelly, and my spouse and I have discussed this matter. I knew what he was going to discuss, and I completely agree. Thank you. MR. MILLER: Your next speaker is Jack Denneboom. He will be followed by Paul Chrestensen. MR. DENNEBOOM: Jack Denneboom. My wife and I live at Wyndemere Country Club. I'm totally opposed to these new access points. I don't understand the need for access points if there's not going to be any development. It makes no sense to me. The second point is that the beauty of Naples should not just be within the walls of country clubs. The beauty of -- and Livingston's a beautiful road, and so is the entire City of Naples, and it should be that way. I totally oppose the access points. It makes no sense to me. MR. MILLER: Your next speaker is Ray Chrestensen. He will be followed by Marilyn Kacy. MR. CHRESTENSEN: It's Paul Chrestensen. I'm the president of the Mahogany Bend community within Wyndemere, and our homeowners are completely opposed to adding additional access on Livingston, even the single one, because we think the amount of traffic, especially in peak hours in the morning -- I'm retired, but I do go out occasionally, and the traffic backs almost all the way up to the east gate of the community there. And so we think noise and traffic, and especially this U-turn thing, which adds additional traffic, because it would be only right-in and right-out. So we're completely opposed to it. Thank you. MR. MILLER: Your next speaker is Marilyn Kacy. She will be December 11, 2018 Page 83 followed by Catherine Smith. MS. KACY: Good morning, Commissioners. I am a resident of Wyndemere. I am the governor of Grasmere, which happens to be a neighborhood in Wyndemere, and I'm also secretary of our homeowners' association. Mr. Bosi has supported one entry on Livingston Road. We can support that as long as the county restricts the use of Grey Oaks Drive. Thank you. MR. MILLER: Your next speaker is Catherine Smith. She'll be followed by A. Fenton. MS. SMITH: Good morning. Thank you. My name is Catherine Smith. CHAIRMAN SOLIS: Can you speak into the microphone. Just pull it down. MS. SMITH: I am a resident of Wyndemere. I'm a resident of Wyndemere for 15 years. I'm also the governor of our community within Wyndemere, which is called Edgewood. We have 26 homes. It is our feeling that the access points should be turned down for the reasons cited by the previous speakers. Thank you for your time. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is A. Fenton. He will be followed by Carl -- I am sorry. I can't read this writing -- Sartolo. UNIDENTIFIED SPEAKER: Santolli. MR. MILLER: Santolli. Oh, Mr. Fenton left. Okay. Carl Santolli will be followed by Ed Mayotte. MR. SANTOLLI: I'm Carl Santolli, a 31-year resident of Wyndemere. I remember when Livingston Road was a sleepy little road that ended at the Wyndemere gate. Many people were opposed to the extension of that road. I was not. I am for progress. What is before you today is not progress. It will be chaos on Livingston Road with trucks going in and out and who knows how December 11, 2018 Page 84 many. So I am totally against it. I have been vice president of Wyndemere. I've been president of our association. There's not a person I have talked to who is for this. Thank you. MR. MILLER: Your next and final speaker on this item is Ed Mayotte. MR. MAYOTTE: Good morning, Commissioners. Thank you very much for the opportunity to address you on this issue. I am, in totality, opposed to this whole project, but I would support Attorney Lewis' position in that we could continue discussions on this project. It absolutely makes no sense to me as a private citizen, and I would support the Board's recognition of the number of people that are here discussing this issue and how they feel about it and how it's going to impact our homes, the noise intrusion, the pollution it's going to be causing, and the total disruption of our lives. Thank you very much. MR. MILLER: That was your final registered speaker for this item, Mr. Chairman. CHAIRMAN SOLIS: Thank you. Well, so many people came off the list. Commissioner Taylor. COMMISSIONER TAYLOR: It was me and, you know, I didn't X myself off. I'd like to speak to staff, please; specifically, transportation. MS. SCOTT: Good morning. For the record, Trinity Scott, Transportation Planning manager. COMMISSIONER TAYLOR: So I have a question regarding Livingston and the design of Livingston and whether access -- increased access from Livingston onto properties is going to hinder or help the movement of traffic on Livingston, please. MS. SCOTT: I'm going to switch over. I had prepared a brief presentation, and I think it will give a visual with regard to -- I'm going December 11, 2018 Page 85 to skip through. Livingston Road is a Class 2 facility in our access management standards, so that's a controlled access point. The applicant could meet access management spacing for two access points; however, that same resolution requires the county to provide reasonable access and we, from a staff perspective, feel that reasonable access can be accommodated with one access point. COMMISSIONER TAYLOR: So you -- so one access is okay; two is not so good? MS. SCOTT: We don't believe that based on the information provided for the landscape nursery operation of 12 p.m. peak trips, that it would warrant a second access point. COMMISSIONER TAYLOR: Thank you. COMMISSIONER SAUNDERS: Before you leave. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: The petitioner currently has access at the entranceway to Grey Oaks, is that correct, as far as you know? That's what we've been told. MS. SCOTT: I honestly do not know that without looking at the title work. And looking at the Property Appraiser's website, the -- I believe the Grey Oaks Homeowners' Association, but that's based on what the property information is. COMMISSIONER SAUNDERS: Let's make an assumption that the petitioner has access for some use -- we're not determining use -- but has access to that FP&L easement either for a regular nursery or whatever it turns out to be; that's not our decision today. Would it be better from a traffic standpoint for the citizens that live in Grey Oaks and for the travelers on Livingston to have that additional access regardless of what that use is at the FP&L easement? MS. SCOTT: From a transportation perspective, I'm okay with another access point with the left-in to keep them out of the December 11, 2018 Page 86 intersection, the signalized intersection. What we've learned about signalized intersections, U-turns, takes away from green time. COMMISSIONER SAUNDERS: And that's all I wanted to know is whether or not, from a traffic planning standpoint, it made sense to have one more access point. Folks at Wyndemere are opposed to a new access, but they're not the ones that are directly impacted by access at the entrance to Grey Oaks. So I think we have an opportunity to solve a problem without negatively impacting Livingston Road in general. But I am sensitive to not approving any kind of a use, if we do go forward with this. That may be something that would require some litigation, but that's not what we're here about today. COMMISSIONER TAYLOR: The folks at Wyndemere are affected because that's the main entrance and exit to their community which they use, and it's very busy. So if there's an increase of commercial traffic -- COMMISSIONER SAUNDERS: That's a good point. I was just thinking in terms of traffic going in. COMMISSIONER TAYLOR: Yeah, exactly. And it could be argued that when you look at this, the road into Grey Oaks, it could be argued that the -- indeed, it's not only the folks that are -- that are legally entitled to Grey Oaks, but look at the houses so close to this road. That's going to increase a lot of traffic on these folks that maybe use this all the time. So it's an increase -- it's an increase in use in an area that has never had it before, and this, to me, is a poster child of why we have to address infill. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: I was concerned. It seems to me from these drawings that the entrance to Wyndemere is right across from the entrance to Grey Oaks. COMMISSIONER TAYLOR: Yes. December 11, 2018 Page 87 COMMISSIONER McDANIEL: That's correct. COMMISSIONER FIALA: So if we moved the access point down the street a little bit, that way, then, that wouldn't get any extra traffic going in and out there and would be easier for the folks at Wyndemere because it would take -- CHAIRMAN SOLIS: (Inaudible.) COMMISSIONER FIALA: Yes. And so by having one access point -- and I don't care for the two access points at all, so I was glad you made that concession. Thank you very much. I don't -- I think landscaping in this thing -- of course, I'm into landscaping anyway. I think that that would be a nice thing to look at. Commercial business, I don't like that idea either. That's not what the people are bargaining for. So if I had my druthers, I would say to give one access point right-in/right-out, left, and so forth. That would be good. No second one. And put it down the road so it doesn't hamper or interfere with Wyndemere so that everybody has easy access. And I would make a motion to do that. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: On the motion, could I ask the motion maker to add a little bit to that motion? COMMISSIONER FIALA: It depends on what you want me to add. COMMISSIONER SAUNDERS: Right. No, I understand. That's why I said "ask." That there be one access point as indicated by staff. The petitioner, as well as the representatives in opposition; that one access point would be acceptable; that this does not have any impact on what is a permitted or conditional use of the FP&L easement. We're not making any decision on what that use can be. December 11, 2018 Page 88 There's some language in the PUD document that says it can't be a commercial use, but there's some language that seems to be somewhat contrary to that. So that's an issue that the lawyers can litigate. COMMISSIONER FIALA: I'll accept that, because we're not discussing use today anyway, so -- COMMISSIONER SAUNDERS: Okay. COMMISSIONER FIALA: -- thank you very much. COMMISSIONER SAUNDERS: And, secondly, that this particular applicant will give up any rights that it may have to use the entranceway to Grey Oaks and Wyndemere. They're giving up that -- whatever right they may have to use that. If you can add those two conditions, if the -- COMMISSIONER FIALA: Give up the rights -- say it again. COMMISSIONER SAUNDERS: Make sure I'm saying this correctly. The applicant has indicated that they may have some rights to use the Grey Oaks entranceway where the traffic signal is; that they would be giving up any right to use that as a condition of getting this other access point. If the petitioner will agree to those two conditions, then I'll second the motion. COMMISSIONER FIALA: Okay. And I do want to add one little caveat to that, but go ahead. Would you agree to that, or would you -- MR. YOVANOVICH: The answer is yes, but I do want to say a few things for the record afterwards, but I don't want to get in the way of your discussion. COMMISSIONER FIALA: Okay. What I wanted to talk about was somebody said something about U-turns. And in order to go back and get into their property, to the Wyndemere property, right? COMMISSIONER TAYLOR: Right. COMMISSIONER FIALA: We're not going to be dealing with December 11, 2018 Page 89 U-turns, right? You're going to be able to get in and out easily? COMMISSIONER TAYLOR: Well, the problem you've got -- COMMISSIONER McDANIEL: Stay on the microphone, please. COMMISSIONER TAYLOR: The problem you've got is Livingston -- if someone's coming from the south to the north on Livingston, they must make a -- if they're using this area, let's say, the nursery, they have to make a U-turn at the entrance to Wyndemere on the right and Grey Oaks on the left. CHAIRMAN SOLIS: No. There's a left there. COMMISSIONER FIALA: There's a left-in, right-in. COMMISSIONER TAYLOR: If they're heading north? COMMISSIONER McDANIEL: Yes, ma'am. COMMISSIONER TAYLOR: Right. CHAIRMAN SOLIS: There's a left-in here. COMMISSIONER McDANIEL: At that access point to the north. MR. YOVANOVICH: I circled it on the visualizer to make sure we're all talking -- if you don't mind, Commissioner Saunders, that's the access point you were referring to, correct? CHAIRMAN SOLIS: Right, yes. COMMISSIONER TAYLOR: Okay. That's the access, not the southern one. MR. YOVANOVICH: Right. That's what you were talking about, Mrs. Fiala and Commissioner Saunders? COMMISSIONER FIALA: Yes, I am. And somebody had mentioned it. I just wanted to make sure we cleared that up. Good. Well, then my motion stands as added to or agreed upon. COMMISSIONER SAUNDERS: Then I'll second that. CHAIRMAN SOLIS: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. It's a -- thank you, Mr. December 11, 2018 Page 90 Chair. I just -- well, I'm in concert with the motion. I wanted to particularly state that we weren't here today to discuss the uses. I don't really concur with the reduction of the second southerly access because I think it allows for better traffic flow and so on and so forth, and I wanted to -- I was in favor, candidly, of allowing both access points with a written stipulation from the applicant to not use the lit intersection at Grey Oaks and Wyndemere. But we're down a path of just one access point, and I didn't see the detraction of the southerly one towards the intersection as being prohibitive. So -- but I'm okay if you only want to allow them one. COMMISSIONER FIALA: Thank you. And the reason -- I thought about this very carefully, and the reason I eliminated the second one is when we built this road in the first place -- you all remember that -- when we built this road, it was for limited access. COMMISSIONER TAYLOR: That's right. COMMISSIONER FIALA: So I felt that one access would be fine. A second access is pushing it some. So that's why I eliminated that. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: I spoke, so I don't need to. CHAIRMAN SOLIS: Okay. MR. KLATZKOW: Commissioners, just for the record, this motion's for both 9A and 9B, correct? COMMISSIONER McDANIEL: Correct. COMMISSIONER TAYLOR: Correct. CHAIRMAN SOLIS: Correct. COMMISSIONER FIALA: Oh, thank you, yes. Came to our rescue, Jeff. MR. YOVANOVICH: Can I -- just a couple quick things on the record. I know that -- I have to because -- December 11, 2018 Page 91 CHAIRMAN SOLIS: Okay. MR. YOVANOVICH: -- in case there's an appeal, okay. One, I'm going to object to the affidavit coming in because you cannot provide an affidavit through an expert to provide a legal interpretation as to what a judge will rule, so I object to the affidavit because it is not a permissible expert affidavit. I would point out in the affidavit that the master declaration that they attached to the affidavit has been amended and restated and the affidavit, in fact, does not include the most current master declaration to the property. I would like to point out that the attempt to qualify Mr. Thompson as an expert, to not include the attempt to qualify Mr. Thompson in anything other than real estate expert -- and, again, I've noted my objection for the record as to the validity of the affidavit. And I want to state for the record that there has been no expert testimony other than your staff and our submittal documentation presented to the Board of County Commissioners at this time and during this public hearing. And with that, what I did is I put one last exhibit up there. This -- where you're talking about, the left turn lane access, it already exists in Livingston Road. So we're not creating a new unplanned-for access point, and I just thought that that was important for the Commission to note and for the public to note that it's an already-existing access point that can be easily identified to serve our property. CHAIRMAN SOLIS: Very good. MR. YOVANOVICH: With that, thank you. CHAIRMAN SOLIS: Thank you. No other question or comments? There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. December 11, 2018 Page 92 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) COMMISSIONER TAYLOR: I'm opposing. The reason I'm opposing is specifically because of transportation. We have roads that work, and we have roads that we need to keep working or else the community will have to be paying a lot of money, at the tune of $5 million a lane mile to build roads. Even though there's an access area on this, this is basically a piece of property that's not being used, and I just don't agree. I think it's a bad, bad precedent we're setting, so I'm voting against it. (Applause.) MR. YOVANOVICH: Thank you for your time. Item #10A RECOMMENDATION TO AUTHORIZE THE CHAIRMAN TO SEND A LETTER ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS TO THE NCH HEALTHCARE SYSTEM BOARD OF TRUSTEES ASKING FOR RECONSIDERATION ON THE IMPLEMENTATION OF A RECENTLY ANNOUNCED ADMISSIONS POLICY UNTIL THEY HAVE COMPLETED AN INDEPENDENT PROCESS OF GATHERING INPUT FROM THE RESIDENTS OF COLLIER COUNTY WITH RESPECT TO SUCH A POLICY. (COMMISSIONER TAYLOR) – MOTION FOR THE CHAIRMAN TO WRITE A FORCEFUL LETTER REQUESTING THAT NCH APPEAR BEFORE THE BOARD WITH AN EXPLANATION REGARDING ITS POLICY CHANGES – APPROVED MR. OCHS: Mr. Chairman, you have a 11:15 a.m. time-certain December 11, 2018 Page 93 item. That was Item 10A. You also have time-certain items at 1:00 and 1:30 p.m. You have, by my note here, 10 registered speakers here for 10A. This is Commissioner Taylor's item. I don't know if she can expedite the speakers depending on -- COMMISSIONER TAYLOR: I think this may -- MR. OCHS: -- the Board's position on this matter. Mr. Chairman, if I may just proceed, and we'll see where this goes. CHAIRMAN SOLIS: Yes. COMMISSIONER TAYLOR: We have some doctors that have taken valuable time. MR. OCHS: Yes, ma'am. Let me go ahead and get this kicked off. Item 10A, it's a recommendation to authorize the Chairman to send a letter on behalf of the Board to the NCH Health Care System Board of Trustees asking for reconsideration on the implementation of a recently announced admissions policy until they have completed an independent process of gathering input from the residents of Collier County with respect to such a policy. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much. This came to my attention, quite frankly, through a phone call from a resident in the City of Naples. And I listened to it, and then it seemed like Pandora's box would be opened. I have had meetings, I've had people come up to me in my hair dresser's salon, every time people see me at a social engagement, it's all about what is NCH doing. As recently as this morning walking my dog at 6:30 in the morning when I heard a story of a lady who is a power of attorney for a good friend who broke her shoulder and the fact that being on a floor in the hospital, fourth floor, where there's hospitalists, she, after Day 3, has yet to talk to the doctor treating her friend, and she can't get December 11, 2018 Page 94 information. So I think there's a lot of chaos out there. I know we're going to hear from some of the medical community. But my great concern is is this, perhaps, was a great idea on paper, but the practice of it is proving very stressful for the community, and I think it would be very helpful for the Naples Community Hospital board to hear from the community before they make their decisions. So that's why I'm bringing this forward. And just as an aside, as a mother, I can't imagine having a sick child and having it brought to the hospital and having it handed over to a doctor that has never seen that child. CHAIRMAN SOLIS: Thank you. MR. MITCHELL: Mr. Chairman. We have 10 registered speakers. Again, I will ask the speakers to queue up and use both podiums. Your first speaker is April Donahue. She will be followed by Dr. Cesar DeLeon. MS. DONAHUE: Good morning, Commissioners, Vice Chair McDaniel, Chair Solis. Thank you for allowing me to speak. My name is April Donahue. I'm the executive director of Collier County Medical Society, and I speak on behalf the medical society members, their patients, and the 5,000-plus community members who have signed petitions requesting that NCH reconsider their new admissions policy. We are in favor of Commissioner Taylor's recommendation and share the concerns that our community and the NCH medical staff have expressed regarding this policy and removing the patient's choice of physicians. National government agencies recognize that patients have the right to choose the physicians to direct their care while hospitalized, and we support that patient right. The new policies being proposed would affect at least 20,000 December 11, 2018 Page 95 admissions per year at NCH that are due to independent hospitalists and primary-care physician services equaling 40 to 50 percent of all admissions. Some primary-care physicians admit their own patients, and many have their own team of hospitalists. To be clear, we are not opposed to hospitalists, NCH employed or otherwise. The patient and their own physician should retain the opportunity to choose the hospitalist that has access to the outpatient charts and complements the care given by the primary physician. The existing close-working teams of community physicians and hospitalists contribute significantly to preventing medical errors, improving outcomes, and getting patients back home safely. NCH-employed hospitalists do not have access to the outpatient charts, and all of these 20,000 patients would be new to them. Collier County has a high number of residents with complicated medical histories, multiple medications, and surgeries. These patients would be at increased risk of complications with someone who does not know them. A visitor role for their physicians is not sufficient. If a physician is not able to document a recommendation in the hospital's chart, it is like that consultation never happened. The policy also restricts access to the specialists in our community that have proven track records of excellence. NCH has not encouraged its employed hospitalists to engage with community physicians, and there is evidence that the hospital disregards independent physician referrals to specialists who are not employed at NCH. The policy will have a detrimental effect on our community's ability to attract talented and qualified physicians who want to remain independent and yet maintain hospital privileges. NCH is a community hospital built for the community and by the community, and over 700 independent physicians and hospitalists have December 11, 2018 Page 96 contributed to its current five-star rating. The needs of our community will be best met utilizing all those physicians who make NCH a leader, regardless of their employment status, in a truly collaborative open system. Over 100 letters to the editor have been published. Not a single physician voted in favor of this policy at the NCH staff meeting. As our community's elected officials, you can act on our behalf and urge the NCH board of trustees to hold on this proposal for our community hospital until other options can be reviewed. Thank you for your time and consideration. MR. MILLER: Your next speaker is Dr. Cesar DeLeon, and he will be followed by Dr. Corey Howard. DR. DeLEON: Good morning, Commissioners. I'm Cesar DeLeon. I'm the president of the Collier County medical society, the president of the Collier County Osteopathic Medical Society, and I'm the chair for the family practice department at NCH. When this policy was implemented at NCH, administrators did not request the input of the medical community. When we, the physicians, were informed about it, we unanimously opposed it, as it could be potentially detrimental to the lives of our patients. When a patient comes to me, they entrust in my hands their life, their health, their well-being, the most valuable possession that they have. When they arrive at NCH, this is taken away from my hands, and my patients are being told that due to the result of a mischievously crafted pilot program, that the care that they would receive from an unknown-to-them NCH physician, by default, would be better than my care. Well, let me tell you, nobody can provide better care than their patient's own primary-care physician or team, and this is because: No. 1, the relationship and knowledge that we have of them, they trust us, we know them, we know their families, and many times we know their December 11, 2018 Page 97 friends as well. Two, because nobody cares for our patients more than their own PCP; that's the reason most doctors go into medicine, to serve, not to be told that your relationship, your knowledge, that your love for your patients don't matter when they arrive at NCH. An employed physician can do better. I disagree. The plan that Dr. Weiss has for our community is not in line with the best health of our citizens. There will be medical mistakes. There will be complications. There will be misunderstanding and, above all, there will -- there might be death. The ones that could be affected could be you, me, your families. It will be the citizens of Collier County, the elderly, with many medications, who are not able to explain their history will be the most vulnerable. If you really believe that this is something that you should stay on the sidelines and watch, just think of the consequences that this poorly implemented program will bring to Collier County. Also consider the vision as a commissioner you agreed to follow. It will be destroyed. A vision to be the best community in America to live, work, and, play. We cannot be the best community when our healthcare has been hijacked in the name of lower lengths of stay and less 30-day readmissions. Who cares about that? Patients want to know that they will get home save and feel better, not about how much money they make with their admissions to NCH. This issue has brought too much negative publicity to our town, and we are having a difficult time recruiting qualified physicians. We also have lost and are losing some of the best physicians that NCH has had. Please do not be reluctant to weigh in and act on the hijack of our medical system in Collier County. We, as leaders, have the responsibility and obligation to protect all those that we are to represent, because one day it will be us on the December 11, 2018 Page 98 gurney, and nobody will want to speak for us. Thank you. MR. MILLER: Your next speaker is Dr. Corey Howard. He will be followed by Dr. David Scott Madwar. DR. HOWARD: Thank you. Corey Howard. I'm a physician. I'm the president of the Florida Medical Association, representing 25,000 physicians in the state of Florida, one of the largest in the country. Speaking in favor of Item 10A and writing the letter, although I will have a little caveat about the actual wording there. I'm a resident of the City of Naples. I've been here since 1996. I'm also a past chair of the Department of Medicine and been on the Medical Executive Committee at the hospital as well. This is a major problem. The Florida Medical Association really believes that patients should have a right to choose the physician that they would like, and the physicians as well. We support medical staff autonomy. We also support the right to full due process when credentials are challenged and the right of medical staff to be self-governed and independently advised. Finally, the Florida Medical Association really recommends medical staff privileges not be limited to only those physicians employed by the hospital. The American Medical Association, which I also chair the state of Florida there, has 367 policies specific, I won't read them all, about medical staffs, but I will read this where it says, medical staff self-governance is vital in protecting the ability of physicians to act in their patients' best interest. Only within the confines of the principles and processes of self-governance can physicians ultimately ensure that all treatment decisions remain insulated from interference, motivated by commercial or other interests that may threaten high-quality patient care. December 11, 2018 Page 99 There is a significant question of whether or not this is driven by something financial for the hospital and really not for patients. Patients really do need to have their physicians present. There's no question about that. In the letter that you're going to write, the that way it stands, until they have completed an independent process of gathering input from the residents -- I don't know if they're going to listen to whatever they say, but I do think that that study should be published so that the public can see it prior to them implementing anything. In conclusion, the Florida Medical Association speaks in favor of writing the letter and against any implementation that the hospital is considering closing the medical staff. Thank you very much. MR. MITCHELL: Your next speaker is Dr. David Scott Madwar. He'll be followed by Dr. Susan Cassidy. DR. MADWAR: I wanted to say thank you to the Board today, County Commissioners, for allowing us to speak. My name is David Scott Madwar. I'm a board certified general internist and married father of two. I completed my training in the primary-care pathway at the Cleveland Clinic Foundation in 1998. In 2001, I relocated to Naples to join the Cleveland Clinic Foundation Naples satellite hospital. There my practice thrived in both the in-patient and outpatient arenas. My commitment was recognized, and I became chief of hospital staff in 2004, '5, and '6. Thereafter, I engaged my civic duty on the board of Collier County Medical Society, becoming its president in 2011. I have maintained a private medical practice since January 2007. I see my patients in the office, in their home, and in the hospital. I'm available to my patients 24 hours a day. There are those that would have you believe that I am a dinosaur. December 11, 2018 Page 100 My patients think otherwise. I'm a resource and a lifeline. Naples is my home, and my patients are the reason I exist. The relationship between doctor and patient is time honored and cherished, its value unimpeachable. October 23rd, 2018, at the general staff meeting for Naples Community Hospital, Dr. Allen Weiss announced a rollout of a paradigm shift in in-patient care. This rollout was met with unanimous opposition from the entire medical staff and its elected leaders. Not a single physician raised a hand in support of this measure. The proposal was to establish a hospital admission rights policy exclusively for those physicians employed by Naples Community Hospital and their MD -- NCH MD medical group. This would, effectively, eliminate the internal medicine and medical privileges for all independently practicing physicians. Those physicians employed with NCH MD Medical Group would have absolute authority over admissions, discharges, medical management, consultation, and diagnostic testing during the course of your hospitalization. Only the physician of record is legally entitled to view your chart without special permissions. This is being mislabeled by the hospital administration as opposition to hospitalists in general. The practice of hospital medicine is now over 20 years old and is widely accepted as a mechanism of improving efficiency and quality in a hospital setting. I, myself, have a keen understanding of its field, having completed my training at the Cleveland Clinic's 1,500 physician group while pioneering in hospital medicine. Moreover, I, myself, practiced in this town as a hospitalist for three years. I am keenly aware of the counterpoints to hospitalists as a substitute for an excellent primary-care physician. This is a private, not-for-profit entity, and a community asset that has benefited for decades from the trust and generous support of this December 11, 2018 Page 101 community. The hospitalists model is appealing to a hospitalist administrator based upon length of stay and closely monitored metrics that cut cost and optimize billing. Moreover, physicians employed with a single medical group may be subject to economic incentives that will ultimately dictate referral patterns to only those physicians and services within their own multi-specialty group practice. In many circumstances, such referral patterns are contractually obliged. CHAIRMAN SOLIS: Thank you. I'm sorry. MR. MILLER: Your next speaker is Dr. Susan Cassidy. She will be followed by Patricia Perez-Trepichio. DR. CASSIDY: Good afternoon, Commissioners. Thank you. My name is Dr. Susan Cassidy. I'm a physician and an attorney. I'm a patient advocate. I'm the healthcare surrogate for a number of residents in Collier County who either have families that can't speak for them or have no one who speaks for them. I'm not personally affected by the staff privileges. I'm not a concierge physician. I neither want nor have had staff privileges at NCH. I am in opposition to NCH's attempts to close their hospital staff model. I echo everything that's been said today, and certainly Commissioner Taylor's comments as well. I'm going to just make a few bullet points. I won't read a long, lengthy thing. You know, NCH has just got a relatively new residency program. The quality parameters in that program are unknown. We do know that every July when new residents come on board in any hospital across the country that patient care is affected negatively. There is certainly issues where NCH, I believe, has said that the concierge physicians and the hospitalists who now have privileges will be notified when their patients are admitted. Well, I will tell you as a healthcare surrogate and patient advocate for people, I'm not notified. December 11, 2018 Page 102 And so I am extremely skeptical that they will be notified. I think there is a huge issue here, and it echos, really, what Commissioner Taylor said. It's not only just handing your child over to an unknown person. We have many, many older people in this community who themselves are afraid and fearful. And as they get older, they're more vulnerable, and their care is going to be handed over to some unknown person without any checks and balances, without anybody to come in until they find out they've been admitted. Fortunately for me, the caregivers that take care of the people I take care of call me, so I am able to be there, but other healthcare surrogates, days go by; they don't even know that the person that they are legally responsible to make their health decisions has actually had a catastrophic illness. You know, medical history -- and this was mentioned before -- is a fundamentally important piece in accurate diagnosis and efficacious care. I mean, if you don't -- the reason that primary-care physicians and a patient's personal physician is so good at what they do is because they have the trust that their patients tell them things that they don't want to tell anybody else. They're embarrassed. They feel -- they're in denial. They don't trust that person. And if you don't trust that person, you don't get a good history. And people with dementia can't give a good history. And in time of crisis, they don't have time to refer to records. And as April indicated, you know, the outpatient records are totally unavailable to them. This, essentially, leaves them with blinders on to take care of somebody. When a trusted known resource who will be able to say, well, we've tried that in the past, and it hasn't worked. You know, that person is now no longer in the mix. You know, there's a -- this closed system will also result in a decrease in the richness of the data available to make medical decisions and, also, it will help eliminate the cross-pollination. December 11, 2018 Page 103 So I think -- oh, my time is up, so I think we have to be careful that we don't end up treating the disease and not the patient. CHAIRMAN SOLIS: Thank you. MR. MILLER: Commissioners, I'm told Ms. Perez-Trepichio has left. We will move on to Nancy Lascheid. She will be followed by John P. Cardillo. MS. LASCHEID: Hi. Good morning, is it? No, good afternoon. I'm Nancy Lascheid, and I'm here representing the Neighborhood Health Clinic and all of our volunteer physicians who have been with us for 20 years. I feel adversely about the decision that the hospital is making and some of the other decisions that they are making that I'd like to bring to your attention. I'm representing two things: I'm representing the private practitioner, and I'm representing the Neighborhood Health Clinic. The hospitalists actually can do it for medical care. It is not the end-all. I think that that what's happening here in this community is an insult to the integrity of our physicians and the quality of medical care that transpires in this town. In looking at the hospitalists program, I did call a few people who have participated, and I know that Dr. Madwar mentioned it, and I asked him, what was the good, bad, and what was the ugly? And the good was, you better hope that it's an experienced nurse when you, the hospitalist, walk up to that bed. And the bad and the ugly was, what am I looking at on this patient, and did I ever take the class and how that works? And the other part of it is, when they leave the hospital at the end of their 12 hours, the haunting of, was that really the right thing to do? The second issue that I would like to bring up is the attitude of the Naples hospital and Dr. Weiss and Kevin Cooper and the challenges that the Neighborhood Health Clinic has had with these individuals. December 11, 2018 Page 104 Dr. Weiss has been a volunteer at the Neighborhood Health Clinic since we started, once a month. He is not unknowing who our patients are. We have 14,000 patients. And just in 2017, we delivered 14 million -- or $17 million of healthcare to this community. We dispensed in excess of $5 million worth of medications for the working poor. We have enjoyed a relationship with Naples Community Hospital and Physicians Regional. On April the 13th, Dr. Weiss called me and said, "Nancy, we're closing the door on the Neighborhood Health Clinic. We will not take any more of your patients." I asked, "Why?" and he said, "I refuse to answer your questions." He eventually hung up on me. And when I asked him, "How are we going to get our patients' records to continue their care?" he said, "You can try if you want," and then he hung up on me. Our board chair went there, our CEO went there and, subsequently, we ended up hiring an attorney in Tallahassee, John Loyles (phonetic), and he went there. We have all been told the same thing. COMMISSIONER SAUNDERS: Mr. Chairman? COMMISSIONER McDANIEL: Yeah, I was going to -- I have a question for her, and I'd like her to finish, if we may, Mr. Chair. COMMISSIONER TAYLOR: Continue. MS. LASCHEID: Oh, I'm allowed to continue? COMMISSIONER McDANIEL: Yes. We waved our magic wand. MS. LASCHEID: Wow. That's really great. COMMISSIONER SAUNDERS: We just gave you Commissioner McDaniel's three minutes. MS. LASCHEID: Okay. I'll take it. When we called the attorney, we used, John Loyles, who is the legal firm in Tallahassee that represents all of the charity clinics in the December 11, 2018 Page 105 state of Florida. We hired him. We brought him down. He, too, met with Dr. Weiss and Kevin Cooper and said, "Why are you doing this? Why are you shutting them out?" And they said to him, "We will not answer your questions." The meeting was over in 13 minutes. Subsequent to that, Mr. Loyles did investigate charity clinics in the state of Florida in relationship to community hospitals and was told "this is a first." The scope of what's being laid on this community is unacceptable, and if it's the physicians that they're challenging and the charity clinics that they're challenging, what's next? You better all watch out. Thank you. COMMISSIONER McDANIEL: Just one quick question before you go. And when the doctors that volunteer at the Neighborhood Clinic actually perform, what is the fee that is associated with that for those that are qualified? MS. LASCHEID: Thank you so much. Thank you so much. COMMISSIONER McDANIEL: Yes, ma'am. MS. LASCHEID: There isn't a fee. COMMISSIONER McDANIEL: Yes, ma'am. That's what I wanted. MS. LASCHEID: We are a charity clinic, sir. We don't take government money, and we don't ask for the patients to pay. COMMISSIONER McDANIEL: Yes, ma'am. Thank you. MS. LASCHEID: Am I done? COMMISSIONER McDANIEL: Yes. MS. LASCHEID: Okay, thanks. MR. MILLER: Your next speaker is John P. Cardillo. He will be followed by Dr. Jonathan Marsh. MR. CARDILLO: A little of that magic. I need 30 seconds more. December 11, 2018 Page 106 COMMISSIONER McDANIEL: Well, we'll see if the Chair will. CHAIRMAN SOLIS: I don't know. No comment. MR. CARDILLO: Good morning -- good afternoon. Thank you for allowing me time for what I have to say. I am John Cardillo and a board member of the Neighborhood Health Clinic since its inception. And I am currently the Chair of the Board of Directors. And I follow Nancy for a reason. She and her husband, Dr. Bill Lascheid, established the clinic nearly 20 years ago. In that time, it has become one of the leading free charitable clinics in the nation. It has people coming from all over the country to learn why we have been so successful. It has received national awards, including trips to the White House for presidential acclamation. During this time the clinic has provided excellent medical care in a dignified manner to the working people of this county who have a job and who make less than 200 percent of the federal poverty line and cannot afford or obtain health insurance. We have treated 15,000 people during that time dealing with chronic disease management, and there are 50,000 people in Collier County who are eligible for our services. We accept no government money. All our funds are from generous or private donors, and we have had over 250 volunteer physicians, 150 nurses, 250 nonmedical support staff who are protected by sovereign immunity. And when a physician refers a patient to Naples Community Hospital for specialty treatment, whether surgery or other hospital care, the hospital and its treating physicians are also covered by sovereign immunity. We take the patients back for follow-up. The hospital saves money by being able to shorten a stay or no readmission because of our followup treatment. The hospital also saves millions of dollars by our services by keeping patients out of the emergency room where every hospital loses money. The hospital was instrumental in helping December 11, 2018 Page 107 getting us started. Now that magnanimity and community service have come to a halt. One, after the hospital bought out NDIC, which is diagnostic, it cut off our access to NDIC radiology which provided us with $2 million worth of annual services by physicians who volunteered their time and services at no cost to the hospital. With the help of a generous donor, we had to go out and purchase our own CAT scan, our own MRI, X-ray, and mammography equipment at a healthy price. Then the hospital limited us to four incidents a month, which could be as minor as a mammography or a burp. The hospital then cut out any access for our patients at all to the hospital. Can you imagine a community hospital doing a thing like that to an award-winning vital charity clinic in our community? Now, with their denial of access to physicians, among them are the very physicians who volunteer at our clinic. Those doctors have no access to their patients, nor do they have access for our patients who have -- they have attended to. I had been advised that the hospital has inhibited its own doctors on its staff from volunteering at the clinic which volunteerism has been a source of pride among physicians. And, furthermore, they have threatened nonhospital specialty physicians who do have access to further limit their admission privileges if they volunteer at the clinic. On three separate occasions, as Nancy attributed to, we have had three separate visitors who have met with Weiss and his attorney and have been met with "we will not answer your questions." Their own in-house lawyer says this in front of Weiss. It sounded like somebody was taking the Fifth Amendment. Instead of helping the clinic thrive, they are eating their young. So we ask you, write and call NCH. Ask them to reconsider their policies and open their doors to the clinic. Use whatever influence you December 11, 2018 Page 108 have as individuals regardless of your business relationships with the hospital and as a body to help this community that you represent to keep its hospital a community hospital. Thank you. CHAIRMAN SOLIS: Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, can I ask a quick question? CHAIRMAN SOLIS: Sure. COMMISSIONER SAUNDERS: I'm sorry. I'm No. 3 on the list here. CHAIRMAN SOLIS: Right. Did you want to say something else, or do you just want to ask a question? COMMISSIONER SAUNDERS: No. I just want to ask Mr. Cardillo a question. MR. CARDILLO: You can call me John. COMMISSIONER SAUNDERS: I just want to ask John a question. I've been trying to kind of understand why NCH would be moving in this direction. And the only thing I can think of -- and it may be totally incorrect -- is that they're continuing to corner the market on physician practices. This is an effort to just enhance revenue. Is there -- is that correct, or is there any other explanation? MR. CARDILLO: I think, in large part, it's correct. I have been tracing all the moves that have been being made, and I think it comes down to two or three things: One is power and recognition of that ability to be "I am the hospital. I am the hospital," and, two, the amount -- the financial aspects of it. That's what I think it boils down to. COMMISSIONER SAUNDERS: The reason I asked the question, if you're an independent practitioner not owned by the hospital, and the hospital adopts this policy, then how do you practice December 11, 2018 Page 109 medicine in this community? It seems to me you're forced to sell yourself out to the hospital. And I'm just wondering if that's just overthinking it or -- MR. CARDILLO: I don't think you're overthinking it, Commissioner. I think that is part of the deal. You either are bought out by them or you're out of business. Thank you very much, Commissioners. MR. MILLER: Mr. Chairman, your next speaker is Dr. Jonathan Marsh. He'll be followed by Keith Flaugh. DR. MARSH: Hi. I'm Dr. Jonathan Marsh. I'm an independent hospitalist in Naples, Florida. I've been here since 2012. I'm here to speak out against NCH's new admissions policy. This policy was announced at a staff meeting at the end of September. The policy is that all admissions and care administered at NCH hospital will be provided by NCH-employed hospitalists to the exclusion of primary-care providers or anybody they may have chosen to see their patients. They've claimed that the motivation for this is to improve patient care, and they have also claimed that this is not financially motivated; it's all altruistic. So I'd like to address those two items one by one. First of all, the idea that it improves patient care. We've already heard several people point out the issues with fracturing that relationship with the primary-care provider. NCH conducted a study, which has been discussed at length in the newspaper before this, but basically it was not a scientific study. It's not a study that should be used to make decisions, life-and-death decisions that affect an entire county. That is one of the main reasons that it was unanimously rejected when it was presented to the NCH medical staff and voted on. We asked for an independent review, and we asked that the study be brought before the board so a more thoroughly informed decision December 11, 2018 Page 110 could be made. It was never taken before the Board in contravention of NCH's own medical staff bylaws. The second aspect is not only does this not necessarily help patient care, as claiming with this study, in a lot of ways it hurts care. It's bad for continuity. It's bad for patient choices. It's bad for physician autonomy. When you're employed by the hospital, you're going to be more likely to do exactly what the hospital tells you, and, of course, the hospital knows that. It does, in fact, benefit NCH financially, probably tremendously. NCH currently admits half the patients that go to their hospital. They will now admit 100 percent. So if you imagine your business grew by 100 percent overnight by changing a rule in a book, you would probably do a little bit better. Not only will they get the direct physician fees for those patients that their hospitalists see, their hospitalists are contractually obligated to refer their patients to NCH subspecialists, who will then use NCH ancillary services and refer the patients to NCH providers outside of the hospital. To say that this is not a likely outcome of what's -- of this change is to bury your head in the sand, unfortunately. So it's up for debate. Does this improve things or not? I think that's up for the patient to decide, not for the hospital to unilaterally decide. The patient makes this decision with their choice of primary care, and administration should not have a role in that. I did want to speak to the health clinic. I think this is a pattern of disturbing behavior from the hospital, not serving the needs of the community. One is shutting out the Neighborhood Health Clinic; two is opposing the Braden Clinic in Immokalee, which will serve the underserved; and three is continuing to engage in a land battle with Lee to the north instead of coming to a compromise that could benefit all the patients in this community. So I ask for you to use your influence to try and make our December 11, 2018 Page 111 community hospital a community hospital once again. Thank you. MR. MILLER: Your next speaker is Keith Flaugh. He will be followed by Everett Alsbrook. MR. FLAUGH: Good afternoon, Commissioners. My name is Keith Flaugh. I'm a resident of the county. I'm here to speak on behalf of myself and, as you know, I'm a leader of a fairly significant grass-roots group of community members. We urge you not only to do this letter, but we urge you to strengthen the letter by stating your opposition to what they're trying to do. So it's just unacceptable in most of our opinions. I haven't heard one person that I've talked to say that they support this at the community level. So thank you. MR. MILLER: Your final speaker on this item is Everett Alsbrook. MR. ALSBROOK: Hi. How are you doing? There's been a lot said here that I agree with and I think's very good. I would like to sort of give you a historical kind of view of it. And I'll make some generalities, but I'm more than happy to give you the specifics behind the generalities in another setting perhaps. I moved here in 1983. I was brought here to practice critical-care medicine by a search team at NCH. At the time critical-care medicine wasn't even a specialty, but it was being practiced almost exclusively in medical schools. And I was attracted to come here from a teaching position in a medical school. I taught critical care in the Department of Anesthesiology, although I'm an internist by my basic training. And I was brought by a search committee that consisted of Drs. Warden and Briggs. And as you all, I'm sure, know, Jack Brigg's mother organized the community to build a community hospital, change it from a clinic to a hospital, and she matched the funds that December 11, 2018 Page 112 was raised by the community. Jack was a thoracic surgeon in California, and when he retired, he moved back here. He grew up here, and became the chairman of the board, and he had a lot of knowledge about medicine. And as part of the agreement of coming here, I wanted him to take me fishing. We ended up being friends, and I was a lifelong friend. He would tell me about his plans for the hospital, how he viewed the community. The hospital worked with the medical staff to attract and provide state-of-the-art care when it was needed. Jack had a lot of access to the old guard of the community. There was no trouble raising money to provide these services, and they were expertly and accurately identified by Jack and Crone (phonetic) and the medical staff to provide these services. Things have changed. The primary -- I'll speak faster. The primary-care question is just the tip of the iceberg. There have been -- and as alluded to, there have been Machiavellian tactics in bringing this about. The cardiologists now at NCH are all hired. How were they hired? They were hired through intimidation and threat of personal bankruptcy. The radiology unit has been completely replaced. There has been continuous complaints by the medical staff on quality issues that have never been adequately addressed. The MEC, the Medical Executive Community, is now a majority of the employee physicians of the hospital or are parts of groups with exclusive contracts. So you can see the primary-care question is just the tip of the iceberg. At one point we had -- because of our activities, we had the lowest mortality of heart attack in the state of Florida and one of the shortest times from what was called door-to-needle time for these clot-dissolving drugs. Those kinds of things go away under the corporate big-medicine approach where statistics become important and not the individual patient and where care is not tailored to them. December 11, 2018 Page 113 So I think -- I support you-all writing a letter, and if there are any more questions or I can add anything, I'm happy to do it. Thank you. CHAIRMAN SOLIS: Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: I thought Commissioner Taylor was in front of me. CHAIRMAN SOLIS: No. COMMISSIONER TAYLOR: No. COMMISSIONER McDANIEL: You know, I would like to say this out loud. First off, you know, I've had mixed emotions about this, not in support of the community and what's, in fact, being stated certainly here today. But we're public elected officials and being asked to, if you will, meddle in a private not-for-profit organizational decision making. But in -- and my resistance there is not to -- certainly, to not support the community, but it's meddling in private affairs along those lines. But, you know, Commissioner Saunders, you brought up a point earlier asking one of the speakers there with regard to the motivations, and it's -- the bottom line is a monetary gain and a maneuver. Someone spoke about NCH's opposition to Dr. Braden's Hospital. And I read that opposition. In 48-some-odd pages going on and on, it basically alleged that the proposed profit for Braden Hospital estimated 900,000 was going to dip into their 40 million of not-for-profit profit that NCH would, in fact, make. I had asked our staff yesterday if we, the government, were subsidizing NCH in any way, form possible, and I actually -- and I was told no. And then I learned that our insurance carrier for our county employees has differentiations in the deductibles between the two hospitals that we currently, in fact, have available to our county employees, and I would certainly like that to be looked into. December 11, 2018 Page 114 It was mentioned here regularly today that it is the patient's choice with regard to the physician. It also should be the patient's choice with regard to the hospital they choose to go. And if we're incentivizing one way or the other, I think that needs to seriously be looked into. COMMISSIONER FIALA: That's a good point. COMMISSIONER McDANIEL: I wholehearted support Commissioner Taylor's efforts here with regard to this and would like as strong of a letter to the staff at NCH from us. COMMISSIONER TAYLOR: Would you agree that if there's any -- with this letter, would you agree to -- I think we heard one suggestion that if there is an informal community or a formal community gathering of information, that it be made public and put that in the letter? COMMISSIONER McDANIEL: Well, again, yes, but, certainly, it should, but we're dictating policy to a private non-for-profit, and they have the right -- they've already made it very clear "we don't have to answer your questions." I would certainly like to see that if, in fact, it could be suggested. But they've already proven that they're going to do what they want to, so... COMMISSIONER TAYLOR: Thank you. COMMISSIONER McDANIEL: I'm okay with what you've got going. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I do not believe that elected officials should interfere when business decisions are made, in general. And this is just a little bit different. We are a huge customer of NCH. COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: If you take the Sheriff's December 11, 2018 Page 115 Department, you take all of our county employees and the jail, all of those employees that we provide healthcare for through our budget, we are a huge customer of the hospital. So this is a little different. I think that we can weigh in not only on behalf of the community but on behalf of our staffs. I am concerned that this is a policy that is geared towards enhancing control and enhancing revenue. That's why I asked that question. And I haven't seen anything that shows that this is something that will actually benefit patients. So I want to thank Commissioner Taylor for bringing this forward, and we should send a strong letter, and we should ask for documentation and support for why this is something that will benefit patients, because I haven't seen that. I think the fact that NCH is not here today -- now, this would have been relatively short notice, but still it was on the printed agenda, and NCH is a big organization. They have a lot of folks. They could have sent somebody down here to answer some questions. And I think the fact that they didn't is indication that I don't think they really care what we have to say, but I think we need to say it. I don't want to put in a letter that we believe that this will affect patient care in a negative way. We don't know that. But I think that there should be some public airing of why they're doing this. There should be a tremendous amount of public input into this, because it does affect every one of us, everyone in the community. So I support moving forward with the letter. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: I just have a question of my colleague to my right. Did you work with Dr. -- with Mr. Crone in the hospital? COMMISSIONER FIALA: Me? COMMISSIONER TAYLOR: Yes. December 11, 2018 Page 116 COMMISSIONER FIALA: Yes, I did; yes. I worked with him for 13 years, yeah, and it was a great hospital. COMMISSIONER TAYLOR: Yes, absolutely. He's still treasured in the community. COMMISSIONER FIALA: Very community supportive. COMMISSIONER TAYLOR: Yes. CHAIRMAN SOLIS: I would just like to make a couple of comments myself. You know, I did speak with Dr. Weiss yesterday and asked for whatever the data was, asked him to provide -- or somebody at the hospital, to provide the data upon which they're making this decision. I strongly urged him to attend or have somebody attend on behalf of the hospital to have a discussion to hear both sides. Because I agree with Commissioner Saunders that, you know, we can't be necessarily dictating what happens between these private entities and doctors, but we do have a constituency and a lot of employees that we need to think of. And so I don't know that we should judge one way or the other at this point, because we've only heard one side of the story. Now, the side of the story that we have heard -- and the hospital's made the decision not to present their side of the story is not a good one. And I shared with Dr. Weiss that my experience with the hospitalists in my dad's illness was not a positive one, and I'm extremely concerned that this isn't going to make it a better experience. So I would like to add to the letter that, you know, the hospital should come and provide the data and whatever research they've performed or whatever the results were of the patient surveys and everything. That should be presented publically. I mean, it affects the entire community, and we should hear that. The situation with the Neighborhood Clinic is -- I wasn't aware of that, and it's just shocking, to say the least. December 11, 2018 Page 117 So I would be in support of writing the letter and making it as forceful as we can but requiring -- or not requiring, because we can't really do that, but requesting that on behalf of the community the hospital come and present something. My understanding is they didn't appear at the City Council meeting either, and that seems to be consistent with "we're not going to answer questions." So I'm very concerned about that as well. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've always been one who feels that you must communicate. You can ask anybody; that's my big forte: Communicate. Tell everybody what you're doing so that you can come up with a solution where everybody's involved. And when somebody makes a decision such as this that affects the entire health of the community and they won't even speak to you, that's really not good. I worked there for many years, and there was much more of an open-door policy there, and I can't believe that they do that. But, you know, the sad thing is they also prevent other hospitals from coming in or from expanding their services. It's almost like we want to make sure that nobody else has a chance at it, and we'll just cut them off at their knees. And I'm so sad to see that it's turned to that type of a philosophy. But, Commissioner Taylor, I will support you in anything you do on this. This is really an important thing to our entire community. COMMISSIONER TAYLOR: Thank you. What I would like is to make a motion that we ask our Chairman to write the letter and that -- and to send a letter, a forceful letter, as you said, also requesting NCH to come in and explain their motive based on the fact that we are the Board that is responsible for -- how many employees? COMMISSIONER McDANIEL: 2,000. COMMISSIONER TAYLOR: 2,000? How many employees? December 11, 2018 Page 118 COMMISSIONER FIALA: By the time you get the Sheriff's Office and everything. MR. OCHS: Well, yeah. That's about 1,890 on your agency. There's another 2,500 among the constitutionals, maybe more, so you're 4,000 or so. COMMISSIONER TAYLOR: All right. And so that's as soon as possible. CHAIRMAN SOLIS: I will do that. COMMISSIONER TAYLOR: And asking for a response one way or another. CHAIRMAN SOLIS: And I'm just -- I don't want to belabor this anymore. But I would ask the Medical Society one favor, and that is I was recently on a panel with Dr. DeLeon, I believe, at the Schulze Family Foundation panel where one of the discussions was the shortage of primary-care physicians and whether or not this change in policy could make that better or worse. I'm assuming worse if it would be difficult to, you know, make a living as a primary-care physician. So if they could just provide me that, I'd be willing to add something like that to that, because that is impacting a lot of different aspects in Collier County. COMMISSIONER TAYLOR: I think the Medical Society would be a great resource. So there is a motion. CHAIRMAN SOLIS: Is there a motion? COMMISSIONER McDANIEL: I'll second. Commissioner Taylor made it. CHAIRMAN SOLIS: Motion and a second. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. December 11, 2018 Page 119 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's unanimous. COMMISSIONER FIALA: Thank you, all, for being here today. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Thank you. COMMISSIONER TAYLOR: Thank you for the time took away from your practice to speak on this very, very important issue. CHAIRMAN SOLIS: Thank you. And we will take lunch. We have some time-certains, but I think -- can we do 45 minutes for lunch? We have time-certains. An hour? COMMISSIONER TAYLOR: Let's make it an hour. If we're late, we're late. CHAIRMAN SOLIS: Okay. We will be back at 1:45 and begin our 1 o'clock time-certain. (A luncheon recess was had.) Item #11A RECOMMENDATION TO AUTHORIZE THE COUNTY MANAGER TO PREPARE A MEMORANDUM OF UNDERSTANDING WITH THE COLLIER COUNTY PUBLIC SCHOOL DISTRICT OUTLINING THE TERMS OF A POTENTIAL LAND SWAP AND JOINT DEVELOPMENT PROJECT ON A COUNTY-OWNED PARCEL LOCATED BETWEEN IMMOKALEE ROAD & 4TH AVENUE NORTHEAST; WORK WITH THE ADJACENT PRIVATE PROPERTY OWNER FOR POTENTIAL PARTNERING TO OBTAIN ACCESS TO THE EXISTING TRAFFIC SIGNAL; CONDUCT NEIGHBORHOOD December 11, 2018 Page 120 INFORMATION MEETINGS FOR INPUT FROM RESIDENTS AND BRING BACK OPTIONS FOR POTENTIAL USES FOR THE PROPERTY AT A FUTURE BOARD MEETING – MOTION TO APPROVE AND TO ALLOW ANY PROPOSALS SUBMITTED BE BROUGHT BEFORE THE BOARD – APPROVED MR. OCHS: Mr. Chairman, you have a live mic. Commissioner, this moves us to Item 11A, which is a 1 p.m. time-certain, and this is a recommendation to authorize the County Manager to prepare a memorandum of understanding with the Collier County Public School District outlining the terms of a potential land swap and joint development project on county-owned land located between Immokalee Road and Fourth Avenue Northeast; also to work with the adjacent private property owner for opportunities to partner in obtaining access to the existing traffic control signal at that location; further conduct neighborhood information meetings for input from the residents; and, finally, to bring options back for potential Board consideration at a future meeting. Ms. Toni Mott, your 30-year county service award winner, will also -- is the manager of our Facilities Management Real Estate Division, and she will make the presentation. Toni. MS. MOTT: Good afternoon, Commissioners. For the record, Toni Mott, Real Property Management. Included in your agenda packet was a PowerPoint presentation. I can go through that and speak shortly on excerpts. MR. OCHS: Let's do it. MS. MOTT: Okay. The Randall Curve property was part of the 1,061.5 acres that was transferred from Avatar Properties. The lands deeded to the county need to be either used for capital improvements located within the Golden Gate Estates boundary or the funds derived from the sale of the lands need to be utilized for capital improvements December 11, 2018 Page 121 for residents of Collier County. This next slide is a little busy, but what it does is it shows all of the expenditures from the beginning of time, who the entity is, the amount, and what the funds were used for. The next slide's a little bit easier to see as far as the entities and then a total of the funds that have been provided. Okay. This is the property that we're talking about, the Randall Curve property, 47 plus-or-minus acres. Back in 2004, there were discussions with the school district about doing a potential land swap. Acreage -- this acreage would be utilized for county purposes such as fleet management and road and bridge and a school bus barn and related facilities. I got a little ahead of myself. That is the acreage at Palmetto Ridge High School, the proposed 25 acres that would be the swap, the initial swap back in 2004. One of the challenges with the site plan that was developed in 2006 was access to the existing light on Immokalee. Here's the conceptual plan that was developed back in 2006, so this has been going on for quite some time. In 2007, it became inactive due to the recession, the inability to obtain suitable access to Oil Well Road for the Parks and Recreation, and also water and sewer services were not going to be immediately available at the Randall Curve site. The county and school district are interested in revitalizing the swap plan and, basically, for the same infrastructure that was contemplated back in 2004. In exchange, the District would provide the county with acreage to increase pickleball parking at the East Naples Community Park, and I believe there's been discussions that that parking is limited at this time. The other acreage would be at Palmetto Ridge High School for future amenities for parks and recreation, and also within that footprint December 11, 2018 Page 122 will be the connector easement for Public Utilities to the north plant and the Orangetree plant that we took over. The access at the Randall Curve property might be feasible by patterning with adjacent private property owners. That's our next slide. We have our Randall Curve property, and we have the property, BCHD Partners 1, LLC. And, as Leo mentioned in the beginning, our recommendation is to authorize the County Manager to prepare a memorandum of understanding with the school district outlining the land-swap transaction; to work with the adjacent private property owners for potential partnering; to obtain access to the existing traffic signal; to conduct neighborhood information meetings for input from residents, which is key here. We would like input from the residents, also the GAC Land Trust Committee; and then to bring back options to the Board. CHAIRMAN SOLIS: Thank you. MR. OCHS: Do you have the superintendent with this, Toni? MS. MOTT: Yes. I'd like to introduce Dr. Patton from the school district. She has some comments she'd like to make also. DR. PATTON: Hi. Good afternoon to our chair and to our other county commissioners, and Mr. Ochs. So I am Kamela Patton here from the school system. And I just want you to know this is the first time in seven-and-a-half years I've come to speak on an item. We've been the recipient of some of your wonderful awards, but the first time to actually speak on an item. So we're very proud when we have the opportunities to work together and provide joint facility usages. We know that is specifically saving taxpayers' money. We do that in the past. We continue to do that. We're looking forward to the support of having this. You heard the history just a moment ago. Ultimately, we're looking for a permanent school bus December 11, 2018 Page 123 maintenance center and the different facility there is to help that Golden Gate Estates community; that that is a project, as you've heard, that we've been working on for more than 12-plus years in different aspects. That long history makes a big difference for us; that we all know that we need to have those opportunities to have facilities that we can do that jointly together. So we're in support of this and asking you to consider moving forward with that project; to explore that and bring it back again. So just know that you have our support of this project. And, again, whenever we have that opportunity to share facilities, that's ultimately saving taxpayers' dollars. So we thank you. CHAIRMAN SOLIS: Do we have public speakers? MR. MILLER: Yes, Mr. Chairman. We've two registered speakers for this item. Your first speaker is Michael R. Ramsey. He will be followed by John Pelletier. MR. RAMSEY: Good afternoon, Commissioners. My name's Mike Ramsey. I'm the president of the Golden Gate Estates Area Civic Association. Estates Civic believes that the interpretation of the 1983 agreement on this issue for the GAC lands is that the lands were to be used for the benefit specifically of the residents of Golden Gate Estates, not just government services. Two, Estate Civic believes that the 47 acres is still under the reservations of Parks and Recreation, according to our research. Before it's removed from that reservation, we think there should have been more discussion with the GAC Land Trust and the Estates residents about options, which has not occurred. Three, Estates residents consider the area now from Randall to Oil Well Boulevard along Immokalee Road where the 47 acres is to now -- it's becoming a center point of the rural Estates community. It's becoming commercial. It's becoming retail. It's becoming a center December 11, 2018 Page 124 point, and we would like for that to be something more than a maintenance facility area. Four, Estates residents do not want a bus barn at this location. After much discussion with our residents in our meetings, they made that very clear; they don't think that's the type of operation they'd like to see there. Five, most important, Estates Civic is concerned with the lack of communication with the GAC Land Trust and the Estates residents about the development of this plan in front of us today. We believe other options should be explored; therefore, the Estates Civic does not support developing a memo of understanding with the schools at this time to swap the property. We believe more options should be explored and the different types of benefits to the residents of the Estates as dictated in the 1983 agreement. That's all. MR. MILLER: Your next speaker is John Pelletier. MR. PELLETIER: Thank you for letting me speak here today. I do apologize in advance; I didn't sleep too well last night because I have to public speak today, and this was a subject in school I had trouble with. So bear with me. I've taken time off from work today because this concerns me and my family as well as residents of the street in Golden Gate Estates. My name is John Pelletier. I've owned the home on Fourth Street Northeast for 25 years. Twenty-five years ago when I wanted to rent a video, I used to have to go on a two-hour round trip to Blockbuster Video down by the Coastland Center Mall. So now I can walk to a beautiful new Publix in a fraction of that time. So I would like to thank past and current commissioners for amenity-type progress and development of this area. But I am here today to express my opposition to authorize a memorandum of understanding for that land swap and joint project December 11, 2018 Page 125 development of a bus depot. This use would be industrial on a residential street. There are many other sites to consider just a mile away hidden from view of any residence. Randall Curve is considered, for me, the center of town where I live. My street, Fourth Street Northeast, it has 27 homes, 10 which are directly across from this proposed bus depot. In addition, on the street there are 38 landowners. Valencia Lakes also has 30-plus homes directly looking at this property across from Immokalee Road. Randall Curve also is an F-rated intersection by DOT, the worst possible rating you can get. Adding hundreds of buses would exacerbate safety concerns that the DOT has. Supporters of this land swap for a bus depot on Randall Curve needs to know that this affects thousands of Golden Gate residents from a visual, financial, and vehicular standpoint. I respectfully request that no authorization is given to pursue this memorandum of understanding. We were told for decades a park was going there. History indicates that this 47 acres still belongs to a reservation to the Parks and Recreation Department via the Gulf Atlanta Corporation Land Trust. In conclusion, I am concerned -- my neighbors are also not here on the street, and the reason I'm concerned about that is that on the agenda today the Fourth Street Northeast -- the street was named wrong. It was Fourth Avenue stated, not Fourth Street. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Thank you, John. CHAIRMAN SOLIS: Thank you. Was that our final speaker? MR. MILLER: That was your final speaker, yes. CHAIRMAN SOLIS: Any other comments or questions for staff? COMMISSIONER TAYLOR: Yeah. December 11, 2018 Page 126 CHAIRMAN SOLIS: Okay. I'm sorry. Commissioner Taylor, you're up. COMMISSIONER TAYLOR: Well, I didn't press it, so that's amazing. That has to be from before. CHAIRMAN SOLIS: Did you press your button? COMMISSIONER McDANIEL: I did press my button. But I was number two. COMMISSIONER TAYLOR: No, go ahead. You're number one. I'm number two. That's from before. COMMISSIONER McDANIEL: The first question I have is MOU, my understanding -- County Attorney, my understanding of a memorandum of understanding is not a legally binding document. MR. KLATZKOW: It's not a contract, no. It's just -- it's sort of this is how we'll conduct ourselves, but we don't really need to. COMMISSIONER McDANIEL: Should circumstances prevail, this is what we would consider doing if you would consider doing that and so on. MR. KLATZKOW: Think of it as a handshake deal. COMMISSIONER McDANIEL: Yes. So one of the things I'd like to share with my colleagues -- and I have -- I've been quite involved with this since Commissioner Nance was here. There -- I do not believe that we have ascertained the highest and best use for this piece of property. I do not believe that we have done due diligence in determining what the actual value of this property is should it be disposed of in any form or fashion, and it is specific that the benefit of the disposition of this property shall go to the residents of Eastern Collier County. So what I would like to propose -- and I don't really have an issue with the MOU, though there is a supposition that if we start to go down that path, that that's the way it ends up getting carved into. I don't have any issue with continuing conversations with contiguous property December 11, 2018 Page 127 owners, and I certainly want to enhance the public outreach that has transpired so far. And along with these recommendations, I would like for the county to offer this piece of property up for sale for a 90-day -- while all this is going on, we can actually enter into an RFI period, request for interest, of outside parties. I know of one specifically who has expressed an interest in this and has been told by somebody that it was not available for sale, for exchange, for anything, and that we're too far down the road with these negotiations with Department of Transportation and the school district with regard to the exchange for the bus barn and the CAT bus facility and the firehouse and the like. So it would be my recommendation, if the Board does choose to proceed with this, that we, in fact, add that to the recommendations so that we can, in fact, ascertain if there is somebody else out there that would be interested -- other than the contiguous property owners that would be interested in this. So I'd like to make that a motion, if I can. COMMISSIONER FIALA: So say your motion again. COMMISSIONER McDANIEL: What are you making a face at me for, sir? CHAIRMAN SOLIS: I'm trying to figure out what the motion is. Sorry. COMMISSIONER McDANIEL: Okay. Well, I want to add to the recommendation -- again, I don't have a concern with the MOU, because it's just a memorandum of understanding as per se. I would like to add to these recommendations that we open the property up for sale for a 90-day period as-is, where is, and accept letters of intent from people who might have an interest in it. CHAIRMAN SOLIS: Okay. There's a motion. Is there a second for the motion? COMMISSIONER FIALA: Well, I'd second it for discussion. December 11, 2018 Page 128 But first I wanted to -- I would like to know, this particular property -- COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: -- one of the things that Golden Gate Estates is probably envied for is that they have very little commercial, and they have large wooded lots, which is great, because no place else, as far as we know in America, is like that. COMMISSIONER McDANIEL: Correct. COMMISSIONER FIALA: It's just wonderful, and they need to keep that, but they do need -- there's so many people out there now. They need to -- commercial. Is this land considered good for commercial? COMMISSIONER McDANIEL: Potentially. There is a lot of already zoned, not yet permitted, but zoned commercial land on the perimeter of Golden Gate Estates, but we haven't offered this piece of property up for sale for someone to be able to potentially rezone the property for a commercial use. We haven't offered this property up for sale for exchange or other interested parties that might, in fact, exist. I think, for us to do our best to do our due diligence, to ascertain the highest and best value -- and I've had this conversation with our staff. I think it's prudent for us to, minimally, do that along with these recommendations that staff's coming forward with. There may be somebody out there who is willing to -- willing to buy this piece of property, at which point, then, the money goes to the Golden Gate Land Trust, and we can -- that money can then be spent, as it has been, for the benefit of the residents of Eastern Collier County. There may be other exchange partners that are out there that we don't know yet. And until we actually offer it up, I don't think we're doing a service to the community. CHAIRMAN SOLIS: I have a quick question. And I apologize. December 11, 2018 Page 129 I've got three -- so you're -- okay, you've spoken. COMMISSIONER McDANIEL: I have. CHAIRMAN SOLIS: I'm trying to get my -- catch up on my -- COMMISSIONER McDANIEL: Do you want me to unplug myself? CHAIRMAN SOLIS: No. I'm playing catch-up here. Commissioner Taylor, you're next. COMMISSIONER TAYLOR: Do you want to speak? CHAIRMAN SOLIS: I just have a legal question. And as I understand it, there are some restrictions that the property be used for the benefit of residents of Eastern Collier County. I mean, that's a deed restriction? MR. KLATZKOW: Yeah. I mean, this goes back many, many years. CHAIRMAN SOLIS: Right. MR. KLATZKOW: The properties are either to be used for public services for the residents of the Estates or be sold and the proceeds used for the residents. CHAIRMAN SOLIS: Oh, it can be sold. MR. KLATZKOW: So, for example, you know, one use that we've talked about over the years is selling property and then putting that money to help with a regional park. That would be one type of thing we could do. But it's there to help the people in the Estates. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: Is it specifically to the Estates residents, or Eastern Collier County? I couldn't remember if that -- is it specifically to the Estates? MR. KLATZKOW: My recollection is that it's specific to the Estates. COMMISSIONER McDANIEL: Okay. But it is the Estates. MR. OCHS: Sir, there's a bullet point here in the middle of this December 11, 2018 Page 130 slide that kind of summarizes the intent there. CHAIRMAN SOLIS: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: So it's my understanding -- I'll direct my question to Commissioner McDaniel. From reading the material that we didn't discuss today, it's my understanding that the folks in Golden Gate do not want more commercial. It's my understanding that they don't mind driving because, frankly, the Golden Gate is, as you have said, homes with wooded lots. They don't want that interrupted. And it's my understanding that the Golden Gate Master Plan actually passed through the CCPC. Am I incorrect or is that correct? MR. OCHS: That's correct. COMMISSIONER TAYLOR: So highest and best use in Collier County usually means somebody's got an eye on this and really wants to buy it because they want to put something into it. And then we get into, okay, what's the highest and best use. We had an extraordinary experience last year with Irma where the schools were closed for two weeks because they took in so many residents in this community that needed shelter; that they couldn't -- that they had to clean up afterwards. They couldn't get the kids back in. We had teachers and volunteering in the special-needs shelter. I don't understand why highest and best use wouldn't be a partnership with the school board because, frankly, the Golden Gate is full of children, and these buses transport these children. I don't understand why that is -- why we have to go to market for something that will benefit the people that can't speak, which is children. So I would like -- I'm not so sure we should -- unless there's some legal prohibition to it -- and I'm not sure that's the case -- to put it out in the market. I mean, putting stuff in the market in Collier County means somebody wants to buy it. They want it to go out in the market, December 11, 2018 Page 131 and I don't agree to that. I think the school -- this has been a long plan. It's been, what, since 2006 -- 2004, 2006. That's almost -- that's 12 years in the making. And, yes, it would have come to fruition if it hadn't been for the recession. So not that I disagree with people being interested in this property, but after reading -- and I was very carefully reading that master plan -- I don't think the people want that. I don't think they want more commercial. And to have buses and to have it -- I mean, it can be screened. It can be created in such a way that it won't be intrusive in a neighborhood. I think it makes a great deal of good sense to be in that location for the school. COMMISSIONER McDANIEL: Well -- are you done? COMMISSIONER TAYLOR: Yes, yes. COMMISSIONER McDANIEL: All right. First off, you're commingling the wishes and wants with regard to the Estates residents. The discussion with regard to the commercial in Golden Gate Estates was very specific. They came out loudly and spoke about not wanting to -- not wanting to expand the commercial nodes within Golden Gate Estates proper. This property is within Golden Gate Estates, but it's right on Randall Curve as we have, in fact, discussed. My concern is that the value of this piece of property is to inure the benefits of the residents of the Estates, and there are negotiations that have transpired that have precluded others, one of which I know for a fact that has expressed an interest in this piece of property but was told that that wasn't, in fact, going to be possible. Now negotiations are being entered into again. And, Dr. Patton, there's no secrets with this. We've had meetings since I've became the commissioner. Commissioner Nance dealt with this piece of property for four years while he was in this chair. I would feel better about this -- it may well be that what's being December 11, 2018 Page 132 proposed by our staff today is the highest and best use and the residents of the Estates are receiving the highest value. But until we actually make it available in the open marketplace, I don't think it's fair for us to try to make a determination as to what that highest and best use is. And a simple way to do that, while these -- while these MOUs are going on and negotiations with the contiguous property owner -- I mean, in order for us to get access to the light, there's going to have to be a rezone of this piece of property. There's going to have to be an exchange of some of this property for somebody else's property. There's a lot of other things that are going to need to transpire in order for -- even for this MOU to go through or to come to any kind of a contractual arrangement. And I think it is prudent for us to make the property available on the open marketplace to ascertain if there is someone else out there who may be interested in making us a different offer that might be more valuable to the community. It's all going to come back to us. None of this is going to happen without, ultimately, this board approving it. But I am -- because I know of one, I can't imagine that there might not be more. COMMISSIONER TAYLOR: When I'm reading this middle bullet, the lands deeded to the county pursuant to the 1983 agreement are required -- not to be sold at the highest and best use or be used for -- are required to be used solely to provide government facilities for existing and future residents of Collier County. That's what it says. COMMISSIONER McDANIEL: All capital -- continue to read, please, if you would. COMMISSIONER TAYLOR: No. COMMISSIONER McDANIEL: All capital improvements are to be physically located within the geographic bounds of the Estates. Any proceeds from the land sales, which is -- which is a land sale of December 11, 2018 Page 133 these lands that are deeded over -- shall be utilized to facilitate capital improvements and operational expenses for fire, police, recreation, libraries, and police protection. So that, to me, tells me that the property could, in fact, be sold, and that those monies go to the land trust to be utilized as dictated there. COMMISSIONER TAYLOR: Oh. But you'd have to dovetail it with the fact that these lands have to be used solely for government facilities for existing and future residents. And I -- you know, I consider children future residents of Collier County. To me it's a match made in heaven with the school board. It fulfills this bullet. That's all I have. Thank you. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: I think that -- we have a motion and a second. I'd like not to vote on that motion. I'd like to ask the second to withdraw the second and let that motion die, and here's the reason why: We have a piece of property that has certain underlying zoning. Clearly, we can sell it and use those proceeds for governmental services in Golden Gate Estates, but that's not the item that we have on the agenda. And if we're going to sell a piece of county property, I think we should evaluate what we want to go on that property before we go out to the market to ask for bidders. And so I think what we should do today is either accept or reject the staff recommendation. If we reject it, that's fine. Then have staff come back to us at a future date with some ideas on what that property could be used for, and then we can decide whether or not we want to sell it for those types of uses. But to say to the world, we have a piece of property, tell us what you'll pay us for it, that -- I don't think that that's the right way to deal with our property. December 11, 2018 Page 134 So what I would suggest is that we not vote on a motion to put this out for some request for information or -- COMMISSIONER McDANIEL: Interest. COMMISSIONER SAUNDERS: -- interest but that we decide what to do with this particular agenda item. And if we decide not to go forward with this, which is fine, then come back later with some concepts of what could go on this property if we want to put it out on the market. COMMISSIONER McDANIEL: If I may, Mr. Chair, just respond. CHAIRMAN SOLIS: Can I add one thing? That way you can probably respond to me as well. And I agree with Commissioner Saunders, and I would add that if we're going to do that and look at what we could use the property for, I'd be interested in understanding -- because I think for me this is one of the most important pieces of this puzzle is what's the, whatever, economies of scale or the benefit of leveraging the taxpayer monies to have this joint facility? Because if we don't use this for a joint facility, then I'm assuming most likely we'll end up with two facilities. The school district will have to have one, and we'll have to have our own, and then we won't be leveraging, you know, the money. And so I don't know if that's an analysis that can be done but that would be helpful for me to understand what the benefit of doing this jointly would be as opposed to selling it and doing separate things, which would concern me, so... Oh, I'm sorry. COMMISSIONER FIALA: That's all right. COMMISSIONER McDANIEL: No, go ahead. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: One of the things that nobody has stated so far is, I'm looking -- I keep looking at your screen, I'm sorry, December 11, 2018 Page 135 but you've got the map on there, so that's good. I wanted to see that. It looks like it's a very busy area, and it looks like there's a lot of houses on the other side. And does this connect to Immokalee Road? COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Okay. So that means it's a really busy area. Now, how -- did we do any kind of a traffic impact study at all to see if -- when the school buses roll out of there, they really roll out. I mean, we have them over there on Rattlesnake Hammock Road, and it's a lot of buses. Have we ever tried to see if that could -- if that would mess us -- because there's a lot of workers also out in that area who also have to pull out of their homes at the same time. Will that even work on this kind of a property? MR. OCHS: Commissioner, that traffic impact analysis would be part of the rezoning process that every rezone goes through. So, as Commissioner Solis said a moment ago, and Commissioner Saunders, if you allow us to proceed and we come back with a concept that you all agree with, then the rezoning process would begin for that land that would include the traffic impact analysis and all of the other elements that go into your land-use process, including NIMs and public hearing in front of the Plan Commission and, ultimately, back to you. COMMISSIONER FIALA: So before we even know if it could really accommodate all of the traffic -- MR. OCHS: Well, I'll let Mr. Casalanguida make a quick comment on the current carrying capacity of Immokalee Road in that area. MR. CASALANGUIDA: Yeah. Immokalee's in good shape. The Randall piece that comes off -- the gentleman who spoke is correct. Randall Road is at LOS F, and that is under study right now. The turnaround time for the Randall improvement's about two to three years. The turnaround time for this site would be two to three December 11, 2018 Page 136 years as well, too. When we had done this study back in 2004/'6 for this joint collocation, what was attractive to the county was both road and bridge and school department buses leave before the p.m. peaks -- a.m. peaks and come back before the p.m. peaks. So if you think about in the morning -- my daughter gets picked up at 6:15 by the bus. Those buses are leaving that facility very early in the morning. They usually don't come back till after eight or nine when the peaks are over. And then in the afternoon, they're doing the same thing when we're not in heavy traffic. COMMISSIONER FIALA: So you're saying the kids -- there's no buses to leave to take the kids to school after 7:30 in the morning? MR. CASALANGUIDA: No. I think the predominant amount of buses are already on the road by the time the rest of everybody else is on there. Probably Tom or someone from the school department can talk about the hours of operation but -- COMMISSIONER TAYLOR: Don't they get the kids to elementary, then they go to Pine Ridge? COMMISSIONER FIALA: Yeah, that's what I thought, yeah. COMMISSIONER TAYLOR: They use the same buses. COMMISSIONER FIALA: Because elementary kids start later, so that's why I'm surprised at that. I would like to hear, you know -- CHAIRMAN SOLIS: Well, they'll only be a -- COMMISSIONER FIALA: -- I mean, this is really an important part of this whole thing is to make sure that everybody can get to work and to school all in that same little quadrant. MR. CASALANGUIDA: Yes, ma'am. If someone from the school board wants to talk about the hours that they leave. DR. PATTON: So knowing where Randall Curve is in that area, December 11, 2018 Page 137 so the buses would actually be going east. At that time of the morning most people are coming west into town. So they're actually going the opposite way, and we triple stack the same set of buses. So the same buses are used for elementary, middle, high school, hence the staggering of the time. One of the parts I want to, you know, just to be sure while I'm here today is to be sure that the five of you understand the county needs two things right now from the District: They need, one, an easement that's at Palmetto Ridge High School. You already have the parklands over there. You can't access all those without the easement to put the pipes and everything underneath. That's why part of this would give you that easement that you need. The second thing is the request that we've had for four years to have additional space for parking in the east part for the pickleball. Those are contingent on that. So we don't have another answer for you other than that. That's the one thing -- those are the two items that you've needed for the whole time. This is the same items we need. What that allows you to do is to still take land that was potentially for parks and continue parks, putting all but two acres out continuous to your property already at Palmetto Ridge, putting in more soccer fields for the community or whatever else that was already on your books for the parks. But don't lose sight that this isn't just about our bus barn. It's about the fact that you need the easement that's out at Palmetto Ridge, and you would like -- that you need. You would like the other parts to the pickleball. So that's reducing our middle school footprint of School JJ that we purchased back 12 years ago. That's the only one of our three in our inventory of owned properties, only one of three middle schools, so that's important. It's the only one that's east of the 951. So that piece of property is very important to us. It would make it December 11, 2018 Page 138 the smallest middle school. We're willing to do all of that to accommodate your need, but we do need to move forward with something like this, and it's still keeping your land that was part, originally, in the land trust deal is that all but two acres would still be able to be utilized for parks and recs and all those kind of activities contiguous to what you already have out there. COMMISSIONER FIALA: Yeah. I'm still going back to -- I thought that that property was gifted to you by Barron Collier about -- yeah, by the Collier Enterprise people many, many years -- no? MR. OCHS: Which lands, ma'am? COMMISSIONER FIALA: The one she's talking about, East Naples Community Park. Wasn't that gifted to all of us? They have -- in the Sabal Bay, they had -- when they tried to work out the Sabal Bay thing? MR. OCHS: No, I don't -- I'm not sure, ma'am. I'll have to do some research. MR. EASTMAN: The County Manager's correct. The school district -- Tom Eastman, director of real property for the school district. The school district purchased that property for its market value. COMMISSIONER FIALA: Oh, okay. That's interesting, because when I talked to the Collier Enter -- no, Barron Collier -- no, no, no -- Collier Enterprise people, I came to a different conclusion. Okay. That isn't important, really. DR. PATTON: July of '07. COMMISSIONER FIALA: What is terribly, terribly, terribly important is, will everybody be able to get to work and get to school if they're all crushing in the same area? My son happens to live right down the street. So, you know, he's told me, kind of, what's going on over there as far as traffic goes. I just want to make sure that what we're providing is safe passage for both December 11, 2018 Page 139 different transportation things. MR. EASTMAN: The school district purchased the JJ site from Collier Enterprises. And, as Mr. Casalanguida stated, a lot of the school traffic with the buses, the vast majority comes off peak, and they leave very early in the morning, the large majority of those buses, so it's not in conflict with the highest usage of the roads. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'd just like to -- would like to come back around again. I mean, you know, I -- it may well be that what staff's recommending is the best use for the residents of Golden Gate Estates, but we don't know that because we haven't offered the property or allowed for acceptance of any kind of -- there may be somebody else out there, one of which I know -- I've said that three times now -- may be interested in doing something different. There may be other alternatives for the school district to be able to effectuate the easement that we require for the utilities and such in behind Palmetto Ridge. There may be other pieces of property where the Fire Department, in fact, could go. And I am concerned because of what I have been told since I have become commissioner for two years, what Commissioner Nance represented to me while he was in this seat, as to the capacities for rezoning this piece of property and in effectuating an exchange is exactly what's being done now when we were told we couldn't. COMMISSIONER FIALA: Well, I believe the school district really needs a bus barn out there. Don't get me wrong. COMMISSIONER McDANIEL: I'm not saying they don't. COMMISSIONER FIALA: I know that they do, and they should have had it, right? COMMISSIONER McDANIEL: I don't mean to interrupt you. I'm not saying that the school -- they don't. I mean, Dr. Patton and I spoke about this, my goodness, the week after Thanksgiving. December 11, 2018 Page 140 COMMISSIONER FIALA: I'm just worried about the traffic tie-up. We've been all talking about traffic. You know, we keep saying, you know, how much is coming in and how much we should prevent. That's just -- I'd love to give it to her. Of course, she's dazzling right there in front of me that pickleball acreage that I really need, right? Yes. But the thing is, I'm worried about the traffic. I just want to make sure everybody can get to work and get to school. DR. PATTON: So remember, Ms. Fiala -- just to help you with that concept. Buses are already rolling out there. This isn't adding any new buses. COMMISSIONER FIALA: Where do they leave from? DR. PATTON: They leave from, now, Palmetto Ridge High School. COMMISSIONER McDANIEL: They park in the back. DR. PATTON: So they park in the back of the high school. So this isn't really adding traffic. Buses already take kids out there everywhere. All these services already exist. COMMISSIONER FIALA: See, that wasn't mentioned before. DR. PATTON: Well, so just -- that's why I was listening to your conversation. I wanted to be sure. This isn't something new. It's a matter of locating where they are, locating with you-all so that we're using -- again, effective use of locations like we have in different areas. It's just expanding the location out of there. So I just want to be sure you understand that. CHAIRMAN SOLIS: Commissioner Saunders? COMMISSIONER SAUNDERS: Mr. Chairman, we have a motion and a second. I'd like to dispose of that. But if it passes, fine, but if it doesn't pass, I'd like to make an alternative motion just to give a little bit of enticement to Commissioner Fiala to, perhaps, withdraw her second so we don't have to vote on this. December 11, 2018 Page 141 COMMISSIONER TAYLOR: I thought she did. I thought you -- did you not? COMMISSIONER FIALA: I didn't -- I didn't second. COMMISSIONER McDANIEL: She did second it for discussion. COMMISSIONER FIALA: Oh, did I? Oh, yeah. I was -- (Multiple speakers speaking.) COMMISSIONER SAUNDERS: I missed that. COMMISSIONER TAYLOR: Yeah, she withdrew her second. COMMISSIONER SAUNDERS: So we don't have a motion on the floor. COMMISSIONER TAYLOR: Right. COMMISSIONER SAUNDERS: In terms of the pickleball area, from what I understand, there's a couple of acres that we're talking about, and maybe the school district can be a little bit more flexible on how much property is available there for pickleball. And so when you come back with the memorandum of understanding, let's try and see what you can do about expanding that pickleball area offer. So, Mr. Chairman, I'll make a motion that we direct staff to continue the discussion, come back with a memorandum of understanding. That does not bind us to go forward with anything. It just gives us the opportunity to determine whether or not we want to make this deal happen. At that point, assuming that the school district is a little bit more generous on pickleball, we can move forward or not. And then if we decide not to move forward, then we can talk about selling it on the open market. So that's my motion. COMMISSIONER TAYLOR: I'll second that. CHAIRMAN SOLIS: There's a motion and a second. And, Commissioner McDaniel, were you not -- I assumed that you were December 11, 2018 Page 142 done, and I'm thinking incorrectly. I apologize. COMMISSIONER McDANIEL: That's all right. That's all right. Are we in discussion on the current motion? COMMISSIONER TAYLOR: Yes. COMMISSIONER McDANIEL: Okay. I just want to ask you in all candor, who knows best the particular area that we're talking about? What have I asked you for that is a detraction in my original motion from what you are already doing other than taking away the opportunity of another party being interested for the greater benefit of the residents of Eastern Collier County? What am I asking for? COMMISSIONER SAUNDERS: I don't know how -- COMMISSIONER McDANIEL: It all happened synonymous. This -- how long -- if I may, just from an argumentative standpoint, how long will this entire process, MOU, public outreach, site planning, traffic studies, and all that sort of stuff take? Six months? And so I'm asking, interimly, in the 90-day period to -- while you're doing that, offer the property up for sale to accept other offers. That's all I'm asking, so -- but you -- that motion failed. So you-all can do your thing. COMMISSIONER FIALA: Boy, we've had some tough subjects tonight, haven't we? COMMISSIONER SAUNDERS: No fist fights yet. COMMISSIONER FIALA: Not yet. COMMISSIONER SAUNDERS: I understand what you're saying. My concern was that if you do a request for some interest on a piece of property where we don't know what -- if we don't put this on there, we don't know what we would want to put on there. COMMISSIONER McDANIEL: How would we know unless we ask? And I've said it three times already. I'll say it again for a fourth. I know of someone else who's not on this list who has been told that this property was not available for them to consider to December 11, 2018 Page 143 purchase or exchange or do anything with. I know of one. And so that's all I'm asking for, interimly, while this process is, in fact, going on, so it's a -- but it's -- CHAIRMAN SOLIS: Is there any reason why an interested party couldn't provide an offer to purchase the property, I mean, in the interim, while all this is working, and it could be brought to us if it is made? Then -- I mean, I'm not sure -- COMMISSIONER McDANIEL: If we -- CHAIRMAN SOLIS: -- what we're discussing about it. But to advertise it -- I'm not sure -- COMMISSIONER McDANIEL: She's whispering into the mic. We can hear her. COMMISSIONER TAYLOR: May I say -- CHAIRMAN SOLIS: I'm not sure where we're going with this. COMMISSIONER TAYLOR: It might be disingenuous. If we're going to -- if we're trying to determine an MOU, we can't at the same time put it on the open market. That's disingenuous. COMMISSIONER McDANIEL: I don't -- well, there again, I'm -- can I make a statement? I mean, there's some sort of an eminent emergency that has transpired with the transaction with the school district on a piece of property that was taken out of the Land Trust and moved into Parks and Recreation on the premise of an exchange for a school bus barn how long ago, Tom? Eight years? Eight years ago. And all of a sudden it's an emergency for us to go down this path. And I am disappointed that this path is being presented in its current form and format, period. I'm not saying that it's a bad idea. I'm not saying that the proposed site plan preliminarily that's in my office on my shelf is a bad idea. I am saying there is another way to accomplish this to ascertain whether or not the greatest benefit for the residents of Golden Gate Estates is being accomplished. December 11, 2018 Page 144 COMMISSIONER SAUNDERS: I think Mr. Solis had the solution. We deal with this agenda item. We have a motion that has not been -- I'm not sure if it's been seconded or not. COMMISSIONER TAYLOR: It has been. COMMISSIONER SAUNDERS: It's been seconded. Let's dispose of this motion. If it passes, then staff will be working on this MOU and hopefully getting more land for pickleball, and Mr. Solis has suggested if somebody wants to come back and tell us that they have an interest in this property, then have them do that; have that property owner come back or that developer come back and tell us what they'd like to do with the property, and we can make a decision. We're not making a final decision on the disposition of this property. COMMISSIONER McDANIEL: I'm well aware of that, sir. CHAIRMAN SOLIS: And, ultimately, this is going to have to go through a zoning process and NIMs and the Planning Commission. MR. OCHS: Yes. CHAIRMAN SOLIS: And there is some chance out there that it might not be suitable anyway after we go through all that, so -- COMMISSIONER TAYLOR: It's not a (inaudible) -- CHAIRMAN SOLIS: Right. So there will be opportunities, I think, to entertain those offers. And I don't know -- I don't understand why they wouldn't just make an offer. COMMISSIONER McDANIEL: And, again, forgive me for interrupting. I don't -- I just -- COMMISSIONER FIALA: That's all right. You're emotional about it. COMMISSIONER McDANIEL: Well, I'm passionate about it. It's not emotion. It's just -- Commissioner Nance asked to rezone this piece of property and was told it was illegal; I asked to zone this property, was told it was illegal; and now a proposition for zoning this piece of December 11, 2018 Page 145 property, exchanging it for other rezoned property to get access to that light for the benefit of the residents of Golden Gate Estates is what we're being asked for right now. COMMISSIONER SAUNDERS: You might have been told something that doesn't make any sense. Governments cannot contract away their police power. Zoning is a police power. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: So there's no way to say you can have a piece of property; that it can never be rezoned. That's a police power that can't be contracted away. I'm not sure where you got that information. COMMISSIONER McDANIEL: Without -- so I am sharing with you what I have, in fact, been told for two years; what Commissioner Nance was told before me. And I'm parroting from him. He's not here right now to defend himself. COMMISSIONER SAUNDERS: I would suggest that that might be bad information that you got. COMMISSIONER McDANIEL: Well, it potentially could be, sir. MR. KLATZKOW: The concept was can we rezone this to high commercial and then sell it and then take the money and then use it for something else. And the answer was, no, you just can't do that; otherwise, we'd never have to tax anybody. We would just buy property, rezone it, and sell it. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: That's a heck of a good idea. MR. KLATZKOW: It's a great idea. Almost as good an idea as printing your own money. COMMISSIONER McDANIEL: When he explained that to me, I was, like, let's do that. So be that as it may -- and, Commissioner Solis, for the record, for your information, when ready, willing, and December 11, 2018 Page 146 able parties approach staff and are told no, that that proposition that you're suggesting is not possible because we're too far down another path is a disincentive for those -- for folks to come forward and actually, in writing, make a letter of intent to join with us to rezone this property to effectuate an exchange. So that's the -- that's the -- I understand where you're coming from. I've been in real estate all my life, and I know that every piece of property, necessarily, is for sale and anyone has a right to come and make an offer. But when you are told no, there's a huge disincentive to even give it any consideration going forward. So that was my rationale for asking to put it on the open market, accept letters of intent, and go forward. MR. OCHS: Commissioners, we've, at several locations in the past, brought unsolicited offers for county property to the board when they come our way. If one should come from someone on this property, I guarantee that we will bring it in front of this board and vet it. CHAIRMAN SOLIS: Well, how about this: How about, would the motion maker and the second consider just adding to that motion that should an offer be made on the property that the staff will bring it back to us? COMMISSIONER SAUNDERS: I'll amend the motion if the second will accept that, to do that. COMMISSIONER TAYLOR: I certainly will. Fine with me. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: Say that again, please. CHAIRMAN SOLIS: That we're adding to the motion that should -- we're specifically directing staff that should a proposal to purchase the property and effectuate a swap, or whatever, be presented, that they bring that back to us. COMMISSIONER McDANIEL: Yeah, okay. December 11, 2018 Page 147 COMMISSIONER FIALA: So that we accomplish both things. COMMISSIONER McDANIEL: Yes, kind of -- yes, yes. CHAIRMAN SOLIS: Okay. Any other -- Commissioner Fiala, any other discussion? COMMISSIONER FIALA: No. I was just going to say we don't know what the other piece of property would be. COMMISSIONER McDANIEL: No. COMMISSIONER FIALA: You know, we have no idea, so -- but I think this is a good solution. I like that. So we have -- you know, everybody can work on their idea and then move forward and see what works out best, and we'll come up with something then. We've got all during Christmas to do that. CHAIRMAN SOLIS: So there's -- the opportunity to present an offer is open. I think that's -- COMMISSIONER TAYLOR: Yes. No offers precluded. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Very good. Item #11B RECOMMENDATION TO ACCEPT A REPORT REGARDING COLLIER COUNTY’S ECONOMIC DEVELOPMENT PROGRAM – PRESENTED; DISCUSSED December 11, 2018 Page 148 MR. OCHS: Mr. Chairman, that takes us to your 1:30 time-certain item. That would be Item 11B. This is a recommendation to accept a report regarding the county's economic development program. This was a request made previously by the Board. Mr. Callahan, from the County Manager's Office, will make the presentation. MR. CALLAHAN: Good afternoon, Commissioners. For the record, Sean Callahan, your executive director of Corporate Business Operations. So this follows the September 25th board meeting. There was a request for a report on the holistic economic development program that we run here in the county. So I'll give you a short presentation on how that works, and we'll open it to your questions or discussion. COMMISSIONER TAYLOR: Excuse me. How did you characterize it, as holistic? MR. CALLAHAN: Correct, ma'am. So all of the different facets of our economic development program is what we'll be discussing today. COMMISSIONER TAYLOR: Okay. MR. CALLAHAN: So since 1996 the BCC has had, as part of their strategic plan, a goal of economic diversification. Most recently in 2017, it was one of the focal points of the latest iteration of the strategic plan. You'll see throughout there specific goals that have been achieved and, basically, we provide the resources and incentives to encourage growth and attract new jobs and expand existing jobs to our county. Why do we do that? Despite how healthy the economy is, it's still largely concentrated around what we term as legacy industries: Agriculture, hospitality, and construction, which leaves us susceptible more to economic downturn and fluctuations in the economy. So the BCC, for decades now, has had that as one of their main goals. December 11, 2018 Page 149 To my right is our director of the Office of Business and Economic Development, Jace Kentner. So the main division that we use to produce those different programs, to oversee those different programs, to coordinate those different programs is the Office of Business and Economic Development. They're here to oversee our partnership contracts, which I'll touch on a little bit next. So we're joined -- in the audience is each of the different economic development partners that we have. And the Business and Economic Development Office really oversees, sort of, three areas that we like to focus on as part of our economic development program, and that's retention and expansion of existing businesses in Collier County, attraction of new businesses through marketing and site selector, tourist, and then entrepreneurship. So in the business, in retention and expansion, we have the Partnership for Collier's Economic Future, which we funded at $100,000 for Fiscal Year '19. That's a partnership between the chamber which really focuses on those retention and expansion efforts. In the business attraction, we have the Southwest Florida Economic Development Alliance, which we also fund to the tune of $100,000 in Fiscal Year '19. And they focus on marketing and bring a really regional coordination of our economic development program. And then on entrepreneurship, we have economic incubators funded at $600,000 for FY 2019, which runs the two accelerators that we have: The Naples Accelerator, which focuses on small business programs and soft landing for new businesses that come into the community; and then the Florida Culinary Accelerator in Immokalee, which is focused on agriculture and food industry out there. Some of the emerging partnerships that we've been working on lately: We recently partnered with four of the major colleges and universities in the area. With our accelerator program, we recently had Collier County Public Schools out to view and tour the accelerator December 11, 2018 Page 150 program out in Immokalee, and we have a lot of established allies: FGCU, the Small Business Development Center, Career Source Southwest Florida, many of which you're familiar with that we partner with on our different economic incentive programs. And just real quick, before I drill down into the financials of our current program, Jason and I, in September and October, went to our sister counties and really asked them how they did their economic development programs because we really wanted to get a feel for what other counties that were comparable to us that were in the same neighborhood, what they did with their programs. So on the right side of the screen you can see we used the annual economic development operations budget, so personnel and operating budgets for the county offices -- it's very hard to make a comparison of incentive programs because they're very different. You see FTEs and then per capita, which is that spending based on the population of the county. So some of the general takeaways that we had from those different visits to Lee, Sarasota, and Charlotte -- so there's no one right way to do it, but all of the offices focused on the same things that we did. So business retention, expansion, and attraction remain facets of those different counties. And without pause, when you asked what was next on their agenda, they all wanted to launch some type of accelerator or incubation program in those counties, some of which are under development currently. So we're unique with our partners. As I described a couple slides ago, other counties handle more of those operations in-house with county staff. There's -- like I said, there's no one right way to do it. Then in each of those counties, there were countywide branding initiatives that had either recently been completed or were currently underway, that we're visiting all of the different economic December 11, 2018 Page 151 development tools that the county had looking for synergy between those departments. So you can think of that in Collier County as our tourism department, our community redevelopment areas, and then the Office the Business and Economic Development. So with that in mind, moving onto our program. In addition to those partnership contracts, and then Jace's office, as I showed earlier, we fund the accelerator project and then a variety of economic development incentive programs. The financials, incentives that are focused on attracting high-wage jobs in the diversification of capital investment. So your FY'19 budget in total for economic development is a little bit over $2 million, and then since the inception of the office, back in Fiscal Year '12, we spent a little bit under 10 million on the program as a whole. A couple new programs that I'll touch on later, opportunity zones, the innovation zones that the Board has created within our certified sites programs, which will be coming online. Very broadly, our incentive programs, we have a variety of different financial incentives that we offer to businesses that we're trying to attract or that can meet a certain amount of job creation with wages throughout the county. We offer a capital investment program for targeted industries coming here, and then we partner with Florida Power & Light for rate reduction and defined tariffs that they can offer to businesses that create a certain number of jobs and -- or high-power users. So just to speak to those incentives a little bit more. Since the creation of the office in 2012, the -- Collier County has paid out a little under 3 million; about $2.9 million. Now, we think we can tie those to direct job creations of 1,195 jobs. We have REMI studies that we've partnered with, staff has developed with the Regional Planning Council that demonstrated December 11, 2018 Page 152 another 2,500 or so indirect or induced jobs that are a direct result of the jobs created by your financial incentives. And then net job creation in Collier County during that same time has been about 25,000 jobs. So you can see the vast majority of that investment is attributed to one of our more successful companies in the county, Arthrex. Just $2 million of that total pot of 2.9. And then your FY'19 budget incentives is $580,000, and 400 for FY'19. Just to drill into that a little bit more, you can see that even in FY'19, the majority of our budgeted incentives are going to Arthrex to pay for agreements that were created. Position Logic is another company, and then ACI Worldwide is participating in our ALPS programs. We'll make -- our first payment is scheduled for this fiscal year. So that's the budget for this year. And then just to touch on some new programs and future projects. Certified sites program will be an effort that's undertaken by the Office of Business and Economic Development to identify commercially available sites throughout the county. Use them to put those online and be able to market those to businesses that could be coming to the area. The innovation zones is a program that was created in the tax bill in 2017, in the Trump tax bill, that offers capital gains deferral for investors in qualified zones. We have five of those in Collier County. Innovation zones are created by the Board and offered TIF financing. The latest one was -- a couple meetings ago we created one in Golden Gate Estates. We're going to work with all of our partners this year to come up with an economic scorecard which really -- we could report back to the board on a quarterly basis for what's going on in the county economy. And then QTI, qualified targeted industries, is a broad list of industries that the state designates for their financial incentives programs. We'd like to narrow that down and really get some focus on what we think we can attract here to Collier County. December 11, 2018 Page 153 So with that said, that is the presentation of our Economic Development Program as a whole. And I have Jace here from our Office of Business and Economic Development, as well as all of our partners in the audience, who are here to take your questions or ensue any further discussion that we have. CHAIRMAN SOLIS: Okay. How many public speakers do we have? MR. MILLER: We have four registered public speakers for this item, Mr. Chairman. CHAIRMAN SOLIS: Would the Board like to hear the speakers first before questions? COMMISSIONER FIALA: Sure. CHAIRMAN SOLIS: Okay. MR. MILLER: Your first speaker is Arpi Solti, and he will be followed by Carol Thompson Finn. MR. SOLTI: Good afternoon, everybody. My name is Arpad Solti. Short version Arpi Solti. I'm very happy to be here. And let me start to say thank you after three years to be a member of the business accelerator in Naples, Florida. After we started our business in Naples, we had -- what happened to us that two of our office building was sold, and we have to move. So this was just a short comment on this. And I think being a partner and being a member of that accelerator, we build really good metro (sic) connections with other businesses, with the county, and we are growing our businesses here. So we started three companies already here, and we would like to grow and build a headquarters for our new ventures. So I would like to say thank you to the county to (sic) funded this, and I know the State of Florida also funded this, and also to the team who is running the facility day by day. Thank you so much. COMMISSIONER FIALA: What kind of a company is it, sir? December 11, 2018 Page 154 MR. SOLTI: HyperTeam. HyperTeam, IT and Business Consulting Incorporation, and the Logiscool. COMMISSIONER McDANIEL: Did you understand that? I didn't understand that. Say that again, please. MR. SOLTI: So the HyperTeam. CHAIRMAN SOLIS: HyperTeam. COMMISSIONER McDANIEL: HyperTeam. MR. SOLTI: HyperTeam, yes. CHAIRMAN SOLIS: It's an IT consulting. COMMISSIONER McDANIEL: Right. COMMISSIONER FIALA: Oh. Sorry, I never even heard of that. MR. SOLTI: I'm sorry. That's my accent. COMMISSIONER SAUNDERS: Can I ask a question of both this gentleman and staff? Because I read the article in the paper about the teaching of kids how to code, which sounded really cool, and -- but I got -- became a little concerned because their young -- the ages seem to be pretty young. And I'm not sure if it was six to nine -- or whatever the ages were, they were young kids. MR. SOLTI: Yes. COMMISSIONER SAUNDERS: And it was kind of billed as an after-school type of a program, and there are state laws dealing with background checks; there are zoning issues. And I'm not so sure -- and I'm not trying to pick on you. It just happened to be in the newspaper. But I'm not so sure that that's a use in that facility that's legal. And -- you know, for example, if you have an after-school program, there have to be background checks of all the people that are involved, but I think you'd also have to have background checks of everybody in the accelerator if that's where they're going. I doubt that that's happened. But I also don't believe that that's properly zoned for that use. So we've got a problem there, and I'm not sure if staff has fully December 11, 2018 Page 155 explored that. And perhaps staff can answer those questions. Is this totally legal? And, again, I'm not trying to say that they're doing something that they shouldn't be doing, but I'm just concerned that they don't have the right authorization to do that in one of our facilities. MR. CALLAHAN: Commissioner Saunders, Jennifer Pellechio, who's the chief operating officer of Economic Incubators, who manages the accelerator, is here, and she can address that question. MS. PELLECHIO: Hi. Jennifer Pellechio, for the record. Yes. So before I address the question, I know Arpi's on a three-minute window, but I have spoke in depth with him, and I would like him and Bridget to both tell you some of the facts that they know about the program in terms of the legal questions. COMMISSIONER SAUNDERS: Yeah, that's all I'm concerned about. I don't care about the program. It sounded very interesting. MS. PELLECHIO: Right. COMMISSIONER SAUNDERS: I am concerned about the underlying zoning in that building, whether it's properly zoned for that, and I'm concerned about whether or not there were proper precautions taken for the young children that are there, including state licensing and state -- COMMISSIONER FIALA: Could I throw another question in? And is it also an accelerator like teaching children or what? COMMISSIONER TAYLOR: No. COMMISSIONER FIALA: So could I throw that in there? MS. PELLECHIO: Okay. So let me try and address all three of those briefly, and then I'm just going to have them jump in when it comes to the real legal answers. First of all, the first -- the coding school is a business. When they came to our accelerator, they signed up as a business to expand a new business opportunity. Their business office -- the application was for December 11, 2018 Page 156 their business office to be located at the accelerator, which is a permitted use because it is the business office. The portion that's the coding school, which is teaching the children at the different ages how to do coding, is another facet of that business. They were using the location as a temporary location until they found a permanent location. They have been working with Department of Children and Families; they've been working with their insurance partners. They've been working with the appropriate people to find a location to house this second part of the office building and be able to do that. I believe -- and I could be wrong, and I'm going to probably defer to zoning. But I believe in the use of the accelerator that these kind of things are permitted. COMMISSIONER SAUNDERS: Okay. I appreciate what you've said, but that doesn't alleviate my concern. As a matter of fact, it increases my concern, because if they're looking for a permanent space, I understand that, but that doesn't mean that they can use the temporary space if it's not authorized. So I'm going to turn to the County Attorney. And we don't need to make a decision today, but I'm going to ask the County Attorney to evaluate whether or not that use, the way it's being conducted today, is authorized, and if it's not, and if there aren't proper licenses, then we have a problem that we have to solve immediately, not two weeks from now, not three months from now, not when you find a new location, but immediately. That's all -- you know, I don't want to belabor that, but I just -- I've got some concern. And if it's not an authorized legal use, it has to cease. And I understand how bad that could be, but we can't permit that type of activity in a county facility unless it's legal. MS. GUERRERO: Thank you so much. I just want to introduce myself really quickly. So I'm Bridget Guerrero, and I am the regional December 11, 2018 Page 157 manager for Logiscool. So as they said earlier, the idea with this would be this is a startup. This is a company that comes in, and we are teaching school, you know, kids how to code, program, and robotics, right? As of -- what I understand, we have many children come into the facility to use it. Actually, high school students use it because they do recitals for singing. The idea of the use of this public space was to be able to support the growth from the ideation stage to go to market for different businesses, whether it includes, you know, startups, with, you know, obviously, Logiscool, or any students, whether they're in high school or college. So this is a public space; is this correct? COMMISSIONER SAUNDERS: No. MS. GUERRERO: That's being used -- I'm sorry. A space to use for the public that comes in for businesses. COMMISSIONER TAYLOR: (Shakes head.) MS. GUERRERO: No? COMMISSIONER SAUNDERS: No. MS. GUERRERO: People can come in and they do -- MS. PELLECHIO: Do you have the email? I don't have it with me right now. MS. GUERRERO: Okay. All right. So, anyways, my understanding was that if I want to start a business, I go in and I come to this space that the county has provided, and I use it so I can start out. The idea of Logiscool was that we were going to start here, and then we were going to move out to a bigger location because this is still under the ideation stage. This grew so much because, as you said earlier, this is a really cool idea, and so does the parents of Collier County as well. We hire young instructors, which are in college and university, December 11, 2018 Page 158 which we give experiential learning. They're in school learning how to code, programming, and software engineering, and they come in. I can't answer your question until, of course, he comes back with your particular. But, yes, the idea was to start out here, and then as we grow, we would move into a different location. We are all fingerprinted in our company, of course, and background checked as well. As of the rest of the staff, that hasn't -- no one told us when we spoke to the children and -- department. We are just a registered, because they said we were not aftercare. COMMISSIONER SAUNDERS: You may be perfectly legal. I just don't know that you are. MS. GUERRERO: Okay. No, absolutely. COMMISSIONER SAUNDERS: That's my concern. COMMISSIONER FIALA: No. I was just sweeping something off my face. CHAIRMAN SOLIS: So you have registered or done whatever you needed to do with the Department of Children and Families and Department of Education; you've done all that? MS. GUERRERO: Yes, sir, correct. Yeah. CHAIRMAN SOLIS: Okay. COMMISSIONER SAUNDERS: If you could simply verify that, have the County Attorney verify all that. But the other issue also, Mr. Chairman, is whether or not that type of activity can occur under that zoning. CHAIRMAN SOLIS: Zoning. COMMISSIONER SAUNDERS: My understanding is -- and, again, I'm not trying to pick on you, but we have a responsibility to make sure that we're not doing anything that's illegal, and we're leasing that space, so that's our space. My understanding is you had 38 children there in October. Now, that's a large number of kids, and I December 11, 2018 Page 159 just want to make sure that we're not violating some state or federal law. COMMISSIONER McDANIEL: And as a point of clarification, it's not our space. It's privately owned space that the county's paying the rent on. COMMISSIONER SAUNDERS: Well, okay. Okay. MS. GUERRERO: Thank you. COMMISSIONER SAUNDERS: If I was a lawyer, I think I could sort of pierce that little thing, quite frankly. COMMISSIONER TAYLOR: If you were a lawyer. COMMISSIONER McDANIEL: If you were a lawyer. COMMISSIONER SAUNDERS: If I were a lawyer. MS. GUERRERO: Thank you, sir. COMMISSIONER McDANIEL: Well, you know, Ms. Bridget made a comment about it being public space, and the perception was that this was an allowable use, and it's not. It's being paid for. COMMISSIONER TAYLOR: May I speak to that? Usually in schools there's an office, and then there's a classroom. You're using the incubator as a classroom. That's not what the intention of the incubator is. To have an office where you work and then you bring children somewhere else is probably what the incubator's for but not as a classroom. MS. GUERRERO: So 38 students, you mentioned. So it's only once a week that students come in, and we only have 38 students. MR. KLATZKOW: We'll look into it. We'll look into it. We're not saying you're doing anything wrong. I've just been asked to look into it. That's all. CHAIRMAN SOLIS: And we may have some differing opinions on that. MR. KLATZKOW: I mean, to me, would you have a school in an office building? Doesn't make sense, but we'll look into it. December 11, 2018 Page 160 MR. OCHS: Thank you. MS. GUERRERO: Thank you so much. MR. MILLER: Your next speaker is Carol Thompson-Finn, and she will be followed by Shelly Rhoads Perry. MS. THOMPSON-FINN: Good afternoon, Commissioners. My name is Carol Thompson-Finn. I'm the owner of MyLegalEdge.com, an online legal forms provider for all 50 states, and I'm currently a member of the Naples Accelerator. The accelerator has been instrumental in providing my company with the resources needed to advance growth and branding, including providing assistance needed to produce a business plan to apply for Angel investment funding. In addition, the accelerator encourages its members to give back to the community. In honor of Veterans Day during the month of November, My Legal Edge offered free estate planning forms to all veterans. This resulted in a total of 21 veterans across 11 states taking advantage of this special offer for a total of $900 in donated legal forms. We are currently extending this offer through the month of December. The Naples Accelerator is not only beneficial to the residents of Collier County, but it has the ability to attract businesses that provide important services to a larger population, and that makes it an asset to the entire country. For these reasons, I respectfully ask that the Board of County Commissioners continue their support of the Naples Accelerator. Thank you. MR. MILLER: Your next speaker is Shelly Rhoads Perry. She will be followed by Bengt Myrin. MS. PERRY: Good afternoon, everyone. I think I was here about eight months ago. My name's Shelly Rhoads Perry. My company's Lasting Link Solutions. December 11, 2018 Page 161 I've been a member of the Naples Accelerator for about a year and a half now, and I'm happy to report that I've seen a number of new programs and mentoring opportunities implemented in 2018 there, which I hope to make better use of in 2019. I'm also happy to report the reason I've been unable to take advantage of many of the accelerator offerings is because my business has grown exponentially in the same time period. My company provides a range of legal and financial and fiduciary services to the senior community, services that protect vulnerable adults from elder financial exploitation. We are creating a new financial caregiving profession, and we hope to train an army of younger seniors in this new profession. But right now my firm is being overwhelmed by the demand for our service. We need to step back and regroup and refocus to take the company to the next level, and in my opinion there's no better place to do that than at the accelerator. As a member of the accelerator, expert advice and assistance is readily available. The FGCU small business group, the other accelerator companies, like our previous two speakers, and even the accelerator board of directors are available to me to help in my business plans. I just need time to take advantage of all the opportunities. So I would say that my company is proof that the accelerator is succeeding in its mission, and I hope the county will continue it. Thank you. MR. MILLER: Your next speaker it Bengt Myrin. He will be followed by Bridget Guerrero. MR. MYRIN: Good afternoon. My name is Bengt Myrin, and I'm a member of the accelerator. I'm a business coach, I'm a mentor, and very often a life coach. In one of my problem-solving exercises I have a question to the December 11, 2018 Page 162 people I work with: How to drop an egg on a concrete floor without cracking it. Answers coming back are often: Use a parachute; use bubble wrap; coat it in Crazy Glue. All very creative and good answers, but do they answer the question? Not really, because the question was, without cracking "it." So the answer should be: Any way you like. Concrete floors are very difficult to crack. And I use this as an example for people to take a step back and analyze the task at hand, not to jump at conclusions and complicate simple matters. And this approach is one of the many, many values that the Naples Accelerator offers. And others are, Collier is a civic, civil, and kind society where even strangers greet strangers. We have a beautiful community, great schools, et cetera. We're a small society with an endless pool of accomplished, resourceful, talented people with a network that can reach our local markets, state, nation, and worldwide markets. It's just very, very, unique. People here in business and government and other professions are accessible and supportive and want to help wherever possible. And I thank you, Commissioners, for being a shining example of that every day. Through the accelerator, we can attract more in kind and continue accomplishing everything of the above. I often remind people it takes tremendous time and effort to build a company; that Ford, JP Morgan, IBM, Microsoft, Office, and others were a one- or two-man company, but even at the time they did generate jobs, tax revenues because they all are using services and buying goods in the county. So through the accelerator, we think that this can multiply tremendously. And the Naples Accelerator also generates a destination travel to this area. So I believe that continued support to the accelerator is, in time, a very vital venture for the well-being of our county. And I thank you, and I appreciate your listening. December 11, 2018 Page 163 COMMISSIONER SAUNDERS: Mr. Chairman, can I make a comment? Because I'm -- CHAIRMAN SOLIS: Sure. COMMISSIONER SAUNDERS: I'm the one who asked for this item to be on the agenda. And my goal wasn't to go after the indicator or the Chamber contract or any of those contracts. We have $800,000 in contracts. That was not my purpose in bringing this forward. In addition to those $800,000 in contracts, we have incentives, and staff has outlined how much those are, and then we have -- in terms of just staff time, we have $307,000 in staff to administer these programs. And my question that I wanted to have addressed is are we utilizing staff efficiently? Are we overloaded in that arena? Do we need -- I think we have four people that are administering the three contracts, and we have those people also administering the incentive program, but the incentive program is based on metrics that are sort of automatic. And that's where I wanted to focus. I wanted the Board to know how much money we were actually spending, which turns out to be a little over $2 million a year, it's been almost $10 million over the last seven years, and we're going to continue spending that at those levels unless we determine that we need to make some cuts somewhere. So my concern is more with are we over -- do we have too much overhead in the economic development arena for what we're doing? I'm not trying to pick on any individuals, but we have four people that are administering those programs. To me that seems like a lot. COMMISSIONER McDANIEL: Commissioner Saunders, there's one more public speaker. COMMISSIONER SAUNDERS: Okay. COMMISSIONER McDANIEL: Because I was going to ask you that question. December 11, 2018 Page 164 COMMISSIONER SAUNDERS: Okay. Because I know that the Chamber wanted to make some presentation, and I know that the Alliance wants to make some presentation, but this is not what that was about. COMMISSIONER FIALA: I think you brought up some good points. COMMISSIONER McDANIEL: Yes. MR. MILLER: Your final speaker on this item is Bridget Guerrero. MS. GUERRERO: I already spoke. It's okay. CHAIRMAN SOLIS: Okay. Very good. Mr. Callahan? MR. CALLAHAN: I'd go back. So we have currently three and three-quarters full-time employees over there. We have one that's three-quarter time that does the accounting. I'd direct you back to the comparable county study. If you look at it, our sister counties, if you want to call them that, but the people who are in regional alliance, they all spent far more. Most of them do have FTEs. In Sarasota County you're actually missing, on the Economic Development Corporation which, I believe, adds four more FTEs and about another $1.5 million. So if you look at the holistic mission of the Office of Business and Economic Development, they're not only administering partnership contracts. They're also very involved in the community; they're involved in marketing the different programs that are out there. It's a partnership that works as a whole. If you take last -- the last week when we had the site selectors come through, we utilized the entire office, right, without -- helping coordinate these visits along with Southwest Florida Economic Development Alliance. They visited both of our accelerators. I think it's a bigger mission than just administering contracts that December 11, 2018 Page 165 they do, so -- and, like I said, I would point you back to our comparable counties who make a much bigger investment in this and have comparable outcomes as we do. COMMISSIONER TAYLOR: Well, I think that's what we need to see: What the outcomes are. MR. CALLAHAN: Sure. COMMISSIONER TAYLOR: That's what's missing there. CHAIRMAN SOLIS: Commissioner Fiala, you're next. COMMISSIONER FIALA: Okay. I've listened to so many of these things. I have so many questions. But one of them is what businesses have you actually brought to this county who are successful -- successful now, have their own place, or making money on their own that we don't need to provide them money anymore. Could you name any of those? MR. CALLAHAN: Well, I'd point you back to the incentives usage slide. Obviously, Arthrex is here. COMMISSIONER FIALA: Yeah, but you didn't bring them here. I mean, they've been here long before that. And you couldn't do anything to make them not successful, because they've got a leader that just knows how to run that business, and you would never want to even challenge him. I don't know how -- how you thought you brought them here. But same with Anchor Health; they've been here for a long time. Same with Haynes Corporation; they've been here for a long time. Now, you have Guadalupe, but that's a not-for-profit, and then they have their own place, too. I don't know -- I'm sorry? COMMISSIONER TAYLOR: I think there's -- that's really not what that slide is showing. COMMISSIONER FIALA: Oh, I'm looking at this slide. CHAIRMAN SOLIS: It says Naples Accelerator. There's 56 direct jobs that have been created. December 11, 2018 Page 166 MR. CALLAHAN: Correct. CHAIRMAN SOLIS: And then the Culinary Accelerator you had 14. I think that's what we're -- I think that's what you're asking. COMMISSIONER FIALA: No. Actually -- CHAIRMAN SOLIS: Out of the accelerators. COMMISSIONER FIALA: -- I'm talking about -- I'm actually -- I'm not on accelerators. Maybe that's what it is. I'm actually talking about bringing businesses. That's what I thought. That's what an incentive-based organization trying to bring business in, that's what we're paying them -- well, now it's $600,000 a year, but it was $800,000 a year to create new businesses. But I haven't seen that happening, and I just -- I would love them to just say, oh -- well, like he said, Arthrex, but they didn't bring them in. MR. KENTNER: Commissioner, if I may, Five Star Gourmet is a really good example of what we were able to accomplish. As you recall, we even offered them over half-a-million-dollar incentive. They've refused to accept that, and they've continued to grow. They have a magnificent 60,000-square-foot building. I believe they're over 150 employees now, so that's Five Star Gourmet. So that's probably our achievement of being able to reroute a very large company. They're on their way to 250 employees. They're in Costco. They make sealed salads for school districts, Costco. So that's probably our best example of a company we're-en able to recruit. We offered them incentives, but they're, like, we can do this on our own, and so those are really the poster child of a great company that's here. We didn't list those. I guess we could. There's a few. A lot of them are smaller companies, but they're on the grow. COMMISSIONER FIALA: I'm just hoping that you can prove your worth. I guess it's -- no easier way to say that than to prove your worth. Look at all that we're bringing here, and this is -- I know you're December 11, 2018 Page 167 paying out a lot of money, but this is why we earn that money. But right now you're not paying your own salary. We have to pay it for you. And you're not paying for your own building. We have to pay it, right? CHAIRMAN SOLIS: He's a county employee. COMMISSIONER FIALA: I know that. CHAIRMAN SOLIS: So I'm just trying to make sure I understand what we're talking about. If we're talking about the accelerators, then let's talk about the accelerators. COMMISSIONER FIALA: Oh, I thought we were talking about all four of them, all the things that they introduced -- CHAIRMAN SOLIS: All of them. COMMISSIONER FIALA: -- in the beginning. I'm sorry. If you're just talking about accelerators, no. I'm still back to the one -- on the -- gosh, what do you call that? Where they incentivize business -- COMMISSIONER TAYLOR: We're working with the number of employees and you -- COMMISSIONER FIALA: Yeah, how many people they're bringing in. COMMISSIONER TAYLOR: The incentivization program. CHAIRMAN SOLIS: These are -- this is the list here. COMMISSIONER FIALA: Yeah. Well, that's the one I'm wondering about. Those aren't really stuff that they brought here. COMMISSIONER TAYLOR: No. MR. OCHS: No, ma'am. Those were incentives that the Board commissioned years and years ago to create incentives for businesses that are here to expand by -- if they, in fact, expand and pay wages above a certain level, the Board will incentivize that job creation or business expansion through a performance-based -- COMMISSIONER FIALA: Right. MR. OCHS: -- incentive. December 11, 2018 Page 168 COMMISSIONER FIALA: We've been doing that long before they were created, though, right? MR. OCHS: Yeah. You've had those in place for quite a while. COMMISSIONER FIALA: Right. And that's a good thing. I just wanted to know how they're earning money. I want to know how they're -- you know, each year they say they're going to reduce the amount of money we have to pay them, but -- MR. OCHS: Now you're talking about the accelerator program. COMMISSIONER TAYLOR: The accelerator. And I think it's -- help me with this, but I think the incentivization or bringing in companies are three areas that have performed or have done this: The Chamber has been very, very helpful. They're very aggressive in this area; Southwest Florida Regional Economic Alliance, they also are actively recruiting. In fact, last week I was doing it. COMMISSIONER FIALA: Right. COMMISSIONER TAYLOR: And they're very, very active, and then -- and each of those entities have $100,000 that we give them every year to facilitate this; and then we have the accelerator which, unfortunately, hasn't performed the way, initially -- when you were on the Commission -- well, you were on the Commission -- they purported to do. And so the question I think you're looking at is not necessarily the Chamber and the -- COMMISSIONER FIALA: No, I'm not looking at the Chamber, and I'm not looking -- COMMISSIONER TAYLOR: I think it's the -- Southwest. COMMISSIONER FIALA: -- at the regional either. I'm just looking at this, to be perfectly honest with you. And, actually -- and this kind of can be -- accelerator, I find, is not only in Immokalee, but then it's also over at Kraft. COMMISSIONER TAYLOR: The incubator's in Immokalee. December 11, 2018 Page 169 COMMISSIONER FIALA: Right. Yeah, right. So I'm just saying that I don't see the money. How are we paying the rent to the people that own the building that we're in? Are we earning it? Are we making any money? I mean, can we show for ourselves -- if we're trying to create businesses, can we show that we are doing a good job in supporting ourselves in that effort to create businesses? COMMISSIONER TAYLOR: I think -- COMMISSIONER FIALA: Does that make any sense? Maybe I'm -- COMMISSIONER TAYLOR: No, ma'am. COMMISSIONER McDANIEL: No, you're making perfect sense. COMMISSIONER TAYLOR: I think there's something here that is probably helpful. CHAIRMAN SOLIS: Why don't we hear from staff, and I think there's some good questions that have been asked. MS. PELLECHIO: Sure. For the Naples Accelerator, just to give you a quick update -- we don't have our December numbers in, but for November we have 46 active companies in the facility. We're really excited. This is the first time that we have crossed that 30 -- anywhere from, like, 30 to 35 number of companies. So we're really excited. In the culinary accelerator -- and mind you, it's only been open, technically, since, let's just say, March -- we have 22 active companies. So that is one way that we use to measure the number of businesses that come through the accelerators. We also track jobs, but jobs are a little bit different because, as you know, these companies, some of them have more than one employee, some of them have one employee. Some are small companies that are expanding, some are companies that we're hoping spin out into Collier County. December 11, 2018 Page 170 And so there's two different programs. The culinary accelerator is focused on the food, and then we have the business accelerator in Naples, which is the technology, business, financial services. We really look at three different sectors and help to grow those economies to diversify our region. COMMISSIONER FIALA: And how do you do that with Guadalupe? MS. PELLECHIO: That's a different department. MR. KENTNER: Commissioner, that is a really old incentive that has closed, actually, the fiscal year before last. So I just -- we put that on there to show everyone we've incentivized. I believe that started in '06, maybe, the Guadalupe incentive, and so that was just from the EDC time, and that was -- we just show everything. That was, again, even before our time. But, Commissioner, just so you know, we have 20 open projects and, Commissioner Taylor, she pays attention to all this as far as -- we've got about four companies we just recently discussed that they need space. Anywhere from -- our latest project is an advanced manufacturing company that needs 15,000 square feet. They're bringing 40 jobs. They're going to hire 40 jobs, but they need 15,000 square feet. We have another company that's just -- you know, they need 40,000 square feet. And so we're at a point -- and the Commissioner asked us to come back here in January with some suggestions for our new market tax credits, opportunity zones, opportunities to incentivize these folks that want a factory on a little bit different level because we're kind of at the point where we need space for manufacturing, and that is a serious issue for us. And so we do have quite a few. Like I say, 20 open projects. We have about four that want space, and some of these have been in the pipeline for years. And so we're just waiting, trying to figure out how December 11, 2018 Page 171 to get here and get the space they need to open and progress their companies. So it's not a short-term, but -- and I'm happy to share these projects with you and apprize you of them so you can keep track of them. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Maybe I can kind of wrap this up because, again, I asked for this to be on the agenda to start a dialogue. And there are going to be other areas where we're going to be taking a look at our budgets and trying to decide, you know, are we spending the right amount of money in that area. So I think you've heard, Mr. Manager, that there are some concerns about the amount of money that we're spending, but the real concern is, are we getting a good bang for that buck? And, you know, I've been sitting here for, well, just a little over two years now, and I'm not sure that I'm seeing it, and that doesn't mean it's not there. That means that we're not getting communication enough to, perhaps, understand what these accomplishments really are. And when we get reports -- you know, if you are doing a little bit of blustering in a report, we see that. You know, there was some recognition of -- I'm just going to pull one thing out of the air just -- that kind of hit me as a statement of an accomplishment that you had nothing to do with, and I'm talked about our Office of Economic Development. The new zone that we created in Golden Gate City for economic development. I never spoke to anybody in our Office of Economic Development about this. No one ever approached me to say, what are the opportunities there. That's just something I asked the County Attorney to draft, and we put it together, and it was done. So when you have a report that says here are things we're doing, understand that when you put something in there that you're not really December 11, 2018 Page 172 doing, that has an impact on the credibility of the report. So what I'm looking for is objective evidence that we're spending $2 million a year the right way. You know, there's an old saying that there's no law against recessions. They haven't been outlawed yet in this country, and there's a lot of talk about there's going to be a little bit of a slowdown in the economy, and everybody knows that that happens. It could be something very minor. You know, your guess is better than mine. But we need to be prepared for those types of events, and we need to understand how we're spending chunks of money like this, because at some point in time, we may have to come back to you, Mr. Manager, and say, you know, we're in a recession. We're going to have to start laying off people. We're going to have to start doing -- make cuts. So let's just make sure we're spending the money wisely. That's all I wanted to accomplish today. MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: Now, the thing with Logiscool, that just happened to come up. I wasn't going to mention that until somebody mentioned it. I was going to ask staff to look into it, but those are the types of things we just have to be careful about. So, Mr. Chairman, that was my purpose. It was just to make sure we're spending money in the right amounts in the right way. CHAIRMAN SOLIS: Very good. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And, Commissioner Saunders, I thank you for bringing this forward. I saw this, and this ended off heading down a path I don't necessarily think that was your original intent. Specifically -- and I've brought it up before -- what is the rate of return on the investment that we're making with regard to these incentivizations? Is it necessary at all? Would these jobs have been December 11, 2018 Page 173 created without an incentivization program in place or not? And do we, as a government, want to be involved in this type of incentivization? And those are the hard questions that actually need to be discussed. So having that -- it isn't about the accelerator or the incubator or -- and, again, there are other programs that aren't as heavily subsidized as what Collier County's, in fact, doing that show large successes. And are we -- are we maxing our efforts in this arena to the greatest extent that we probably can? CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Well, as your representative from this commission for economics, I firmly believe in the incentives, and I think that you'll see if we get -- and maybe we need to discuss this further. But this is a very high-quality, expensive community to live in, and to have businesses willing to locate here is a wonderful thing. But the government has to give to that. That's just part of it. The question, it should be, maybe -- and I don't mean this in a negative way -- is what is our return on that investment? How many jobs are created? That's the benchmark. COMMISSIONER McDANIEL: That's what I said; the ROI. COMMISSIONER TAYLOR: Yeah. And, you know -- I mean -- and, again, I'm not questioning what was presented except when you have 501(c)3's sitting in an accelerator, I don't think it should be counted as part of companies associated with the accelerator. And, Commissioner Fiala, you asked a question. This slide kind of answers the return on investment. And this is from the county Clerk's Office, but you can see the business plan of the accelerator and the actual cost, what they've actually given, and you can see the difference in the income gap. So we are giving -- we are supporting this, and, you know, I think maybe what we should ask for -- Commissioner Saunders, as you December 11, 2018 Page 174 brought this up -- is for another meeting whereby we analyze these areas if that's -- if that's your -- COMMISSIONER SAUNDERS: I think we're going to be getting into budgets here pretty soon, believe it or not. COMMISSIONER TAYLOR: Yeah, February. COMMISSIONER SAUNDERS: And that's the time, and I just wanted everybody to be prepared that there's going to be some hurtles in terms of some areas -- this is one of them -- where they need to justify what we're doing. So I think the budget process is the right time. COMMISSIONER McDANIEL: I mean, we've made the commitment to support these programs as, in fact, they are for this particular year in this cycle, so -- but having that discussion during the budget process is a good idea. CHAIRMAN SOLIS: Very good. And I would just like to ask a question about this graph that's on here, because this graph shows the projected business income for EII in relation to EII's actual income. I mean, from our standpoint, that's not the relevant question. What we're talking about here is how much money the county is investing in that. That's not our spread. COMMISSIONER TAYLOR: No. CHAIRMAN SOLIS: That's their spread. COMMISSIONER TAYLOR: That's their spread, that's right. CHAIRMAN SOLIS: So the question is, what is our investment in the accelerator function of economic development and whether or not there's -- the return that we're receiving in terms of job creation, economic diversification, and the like is worth it. That's the question. COMMISSIONER TAYLOR: That is the question. CHAIRMAN SOLIS: I just want to make sure that -- I think people can see this and say, well, the county's losing, you know, this much money, and it's getting worse, and that's not what we're doing, December 11, 2018 Page 175 because we've actually reduced the amount that we're supporting the accelerators with. COMMISSIONER TAYLOR: But I do believe the amount we've paid the accelerator over a four-year period is -- and I'll bow to the Clerk on that, because you've kept back of that. CHAIRMAN SOLIS: Well -- but we've also -- I mean, I just want to make clear that -- COMMISSIONER TAYLOR: But I'd like that answered. CHAIRMAN SOLIS: -- this is not -- this is not -- COMMISSIONER TAYLOR: No. It's just to show -- to show the dreams and what can happen with the reality of what's happened. That's all. CHAIRMAN SOLIS: Okay. But that -- again, but this -- that difference isn't the county's difference. I mean, we have a fixed amount that we're contributing to the accelerators every year which we're reducing, and we have a plan to reduce that every year, and the accelerator will have to figure out its own way of dealing with this gap eventually, right? COMMISSIONER FIALA: Why did we reduce it this year; do you remember? COMMISSIONER TAYLOR: We reduced it had from 8- to 6-. CHAIRMAN SOLIS: Eight- to 6-, and then next year -- you know, there's a plan going forward for the accelerators to be self-sufficient. COMMISSIONER FIALA: Yeah, but we reduced it because we lost Marshal Goodman. That was his salary. I don't think we reduced -- I mean, we might as well just say what it is, you know. Let's not play any little games. You might not know that, but -- CHAIRMAN SOLIS: I'm not playing a game. COMMISSIONER FIALA: No. I didn't mean you're playing a game. December 11, 2018 Page 176 CHAIRMAN SOLIS: All right. I'm just trying to figure out what that meant. COMMISSIONER FIALA: You were looking at me quizzically, but that's how we reduced the salary -- or how we reduced our expenses from 8- to 6-. MR. OCHS: No, ma'am. COMMISSIONER FIALA: No? MR. OCHS: No. CHAIRMAN SOLIS: We reduced -- COMMISSIONER FIALA: How was it, then? MR. OCHS: We reduced the Board's funding by $200,000 in your budget last year. COMMISSIONER McDANIEL: Period, the end. MR. OCHS: Period. COMMISSIONER McDANIEL: No rationale. We just did it. COMMISSIONER FIALA: Okay. Okay. CHAIRMAN SOLIS: I think Madam Clerk would like to -- THE CLERK: Well -- and just -- Commissioner Solis, just so you know, this was prepared previously for one of the presentations regarding what EII's original business plan had told you versus what they had performed. So this goes back to 2014 with the projection that they were going to be self-sustaining, which would require the amount of income equal to their expenses. In fact, the red line is what they've actually been able to produce over that same period of time. That's what the -- this was for a different issue when we provided you the audit -- CHAIRMAN SOLIS: Correct. THE CLERK: -- but this very specifically says, this is what they told you they were going to do, and in the last five years, this is what they've done for generating income. You have been filling in the gap with the 800- and 600,000 you've been providing them as an award December 11, 2018 Page 177 from the county. COMMISSIONER TAYLOR: So the -- CHAIRMAN SOLIS: Supporting it. THE CLERK: That's what that was -- correct. CHAIRMAN SOLIS: Understood. COMMISSIONER TAYLOR: So I think -- County Manager, I think when we do discuss this, I think we need a -- sort of a reality check of the businesses associated with the accelerator and that 501(c)3's are noted as such, please. MR. OCHS: Sure. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: I had just one last point. You know, one of the slides that came up early on in the presentation -- there's necessarily not one right way to do this. You know, Commissioner Taylor's rather adamant about incentivizations coming from the government for new job creation. I don't necessarily concur with that in how people count jobs. There's a lot of ancillary revenue that comes into the community through the economic incentivization programs that are out there. So -- and how you actually finally determine a specific rate of return, it's very, very difficult. It's very, very difficult to ascertain what that rate of return is based upon a hard expense. So I think this is a really good discussion that we're having. It's evolved into specifically a discussion about the accelerators, but I believe we've made the commitment to support them, and we'll continue to do so in some form or format, so... COMMISSIONER TAYLOR: So what I would just like to say, just briefly, is -- well, let's talk about rate of return for incentivization. How about a $200 million development in Commissioner Solis' district? December 11, 2018 Page 178 CHAIRMAN SOLIS: That's an investment. COMMISSIONER TAYLOR: How about a hotel that is going to bring doctors from around the world to view our community? And if we keep the quality of our community up the way we have -- and I think our County Manager is clearly dedicated to that -- the potential investment from these doctors, not even talking about the tourist tax that Arthrex brings in for the amount of medical visitation and visitors he brings in. That is return on investment. COMMISSIONER McDANIEL: I don't disagree. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Quick question. CHAIRMAN SOLIS: Quickly. We need to move on. COMMISSIONER FIALA: In this perfect world, and we create a bunch more jobs, where are we going to get the employees to fill them? Just a simple question. COMMISSIONER TAYLOR: I hate to say it, but I have to finish with this: Affordable housing, ma'am; affordable housing. CHAIRMAN SOLIS: Okay. And at that, I'm going to call an end to this discussion before we spend the rest of the day. MR. OCHS: Thank you. Sir, it's time for your court reporter to have a break -- CHAIRMAN SOLIS: I'm sorry. MR. OCHS: -- before your 3:45 time-certain hearing. CHAIRMAN SOLIS: Thank you. We'll be back in 10 minutes. MR. OCHS: Ten minutes. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, before we move on to the time-certain hearing at 3:45, there's a couple of items I think we could move quickly on, with your permission. December 11, 2018 Page 179 CHAIRMAN SOLIS: Yes, sir. MR. OCHS: Thank you. Item #9C RESOLUTION 2018-231: RECOMMENDATION TO APPROVE PETITION VAC-PL20180001007 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 70’ X 439’ PORTION OF THE RIGHT-OF-WAY KNOWN AS RECREATION LANE, AS RECORDED IN ROAD BOOK 3, PAGE 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY ONE THIRD OF A MILE EAST OF SANTA BARBARA BOULEVARD, IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA – ADOPTED We are moving to Item 9C. This item requires ex parte disclosure be provided by commission members. Participants are required to be sworn. This is a recommendation to approve Petition VAC-PL20180001007 to disclaim, renounce, and vacate the county and public interest in a 70-foot by 439-foot portion of the right-of-way known as Recreation Lane. If you'd please give us some ex parte disclosure on this, sir. CHAIRMAN SOLIS: Disclosures. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I have had some conversations with the representatives of the petitioner and I believe maybe some emails. I'm not 100 percent sure of that. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I've had conversations with the representative of the petitioner, with staff, some emails, December 11, 2018 Page 180 correspondence. CHAIRMAN SOLIS: I've had conversations with Mr. Mulhere and, I believe, Mr. Beyrent as well. COMMISSIONER FIALA: Commissioner, I've had a meeting with -- you're not commissioner, are you? Maybe sometime. MR. MULHERE: No. COMMISSIONER FIALA: With Bob Mulhere. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, and see the file. I've had meetings with regard to this item. COMMISSIONER SAUNDERS: Mr. Chairman, I believe we heard this, and it was continued. MR. MULHERE: No, it was -- you had -- your first hearing was you had to have notice of intent to have a public hearing, so that's all that was discussed. COMMISSIONER SAUNDERS: So we didn't hear all the details? I thought we did. MR. MULHERE: No. I'll be as quick as I possibly can be and still allow the court recorder (sic) to keep up with me. COMMISSIONER FIALA: Let me just stop you for a minute. Do we have any speakers? MR. MILLER: One, ma'am. MR. OCHS: Hold on. You still have to swear in anyone who's going to participate. (The speakers were duly sworn and indicated in the affirmative.) MR. KLATZKOW: If you wanted to move just to the speaker, you could do that, too. CHAIRMAN SOLIS: Pleasure of the Board. MR. MULHERE: I don't want to be at a disadvantage. I'm happy to do that, but I do want to -- CHAIRMAN SOLIS: Go ahead. December 11, 2018 Page 181 MR. MULHERE: Thank you. Real quick, the subject site is on your screen. I'm showing you Forest Park right here. This is your Golden Gate Community Park right here. This is Santa Barbara. Here's Golden Gate High School. So this is Recreation Lane, and Recreation Lane stops right at the entrance into Forest Park except for this portion that we are requesting a vacation for. And I'll go real quick through it. That shows you the area to be vacated. There is no connection between this strip of land which was originally part of the state-owned access to build I-75. Later on that was all given to the county, then Forest Park was constructed, and everything else was vacated and re-platted -- or platted with the exception of this area that has been maintained by Forest Park for the last 20 years, which I've confirmed with your Road and Bridge staff. COMMISSIONER FIALA: Is that a gated community -- MR. MULHERE: Yes. COMMISSIONER FIALA: -- going in there? MR. MULHERE: Yes. So here's a picture right here of our entry. And if you look at where the sign is -- so from right about this curb to that curb is the area that we're talking about. Here's a gate here and a gate here. This community is open for bicycle -- to the public for bicycle and pedestrians. So they can get from Golden Gate High School through our community to the park or back to Golden Gate High School. And we have -- this will not have any effect on that. This is language right out of the plat. This is the language that's dedicated to the HOA, and it says, "Tract R for roadway purposes shall be available for use and benefit of the property owners and their guests and is not intended for use by the public at large." So, no, there's no vehicular access through our community, but there is pedestrian and bicycle access. December 11, 2018 Page 182 This is Golden Gate High School right here, and if you look at this little pathway right here, this paved pathway is the bicycle and pedestrian access that runs from Golden Gate High School through our project all the way back out to the park, and it's maintained and open. This is the language from the plat that says bicycle access easement as shown hereon with no responsibility for maintenance for the purpose of public use for pedestrians and cyclists, and that's being maintained. So to cut to the chase, I do want to show you one other slide. This is Golden Gate High School. The area that you see overlaid in yellow there is owned by Collier County School Board. And you can see they actually own a portion of Magnolia Pond Drive. This is Forest Park. This is the interface between the high school property and the community known as Forest Park. And the next slide shows you the school board has erected this gate. They have -- for security purposes, they don't allow traffic to run through, the school board, into our community or vice versa. So, in conclusion, this will have no impact on the rights of the public or any individual property owner. We've been maintaining it for 20 years. It makes sense; there's really no reason. Staff is recommending approval. We've got letters of no objection from all the providers, and your resolution actually reserves county utility easement, bicycle and pedestrian access, and for the fire -- emergency access. So the resolution actually preserves those rights or enhances those rights. We're not having any effect on those. That concludes my presentation. CHAIRMAN SOLIS: Speaker? COMMISSIONER McDANIEL: Mr. Chairman, your one speaker on this item is Garrett Beyrent. MR. BEYRENT: For the record, I'm Garrett Beyrent. And you probably remember last meeting I brought this up, this particular item. December 11, 2018 Page 183 I argued about a consent-agenda item that I objected to you consenting, okay. This is a revision of that, okay. It's very simple. If you notice, like -- did anybody notice that Item C, that there was no application name on it? You ever seen that done before? That's a really good angle to work if you're a developer or an engineering company or whatever you are. What I want is I want to be represented as a public person, and I do not want you to vacate my interest in Recreation Lane. The reason I don't want you to do that is because -- the same reason I brought this to you at the last commission meeting. Items are placed on the agenda as consent-agenda items that the adjacent property owners are never made aware of. And for somebody to come up here and say, you know what, I'm getting a -- I'm going to eliminate your easement because you happen to be a member of the public, but I'm going to get the County Commissioners to take away your rights, and that's exactly what's happening here. And what I want to do with Recreation Lane is going to be coming up in the next six months to a year. What I'm particularly going to do with my rights relative to that piece of land that's 924 feet long and called Recreation Lane. That just happens to be an access onto Santa Barbara Boulevard. Many years ago the other property owner -- the actual developer was a partner of mine many years ago. It was David Brennan. And our design plan was to extend Santa Barbara Boulevard all the way to Collier Boulevard via the road I built, Magnolia Pond Drive, which is my PUD. And I'm working now -- only as of this morning I started talking to members of the school board about incorporating a design plan that will basically benefit the concept of the innovation zone. In particular, the one commissioner that's going to benefit the most from the extension of my plan of Magnolia Pond Drive to December 11, 2018 Page 184 Tropicana Boulevard, if I can get together with the school board -- and this is relative to a public charter school -- is Commissioner Saunders with the renovation of his innovation zone at the end of Tropicana Boulevard, which is -- I need the easement, see. So I don't want you to give away my easement. I am the public. Okay. You can give away your part of the easement. I don't want you to give away my 924 feet. Thank you. CHAIRMAN SOLIS: Only public -- that was the only public speaker? MR. MILLER: Yes, sir. CHAIRMAN SOLIS: Very good. COMMISSIONER FIALA: I'd like to make a motion then -- or, Commissioner Saunders, would you like to make the motion? COMMISSIONER SAUNDERS: No. Go ahead. I'll second. COMMISSIONER FIALA: Okay. I'd like to make a motion then. I took a look at it. I've taken a drive around there. It's cut off from the public, that particular spot, because of the gates on both sides. And it's -- and it's on the property that -- whatever the Forest Park is on, so I cannot see the reason not to vacate it. It's right there within their own property, so I make a motion to not vacate -- to vacate that property. COMMISSIONER SAUNDERS: I'll second the motion. I'm not sure I see any reason to not second it. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? (No response.) COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. December 11, 2018 Page 185 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. MULHERE: Thank you. CHAIRMAN SOLIS: Thank you. MR. OCHS: Mr. Chairman, we have a 9:45 -- excuse me, a 3:45. COMMISSIONER McDANIEL: It could be 9:45. COMMISSIONER TAYLOR: Boy, oh boy, are we slow. MR. OCHS: Freudian slip. COMMISSIONER McDANIEL: At this pace it could be. Item #9E RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW MEDICAL MARIJUANA DISPENSARIES IN THE SAME ZONING DISTRICTS AS PHARMACIES INCLUDING CERTAIN PLANNED UNIT DEVELOPMENT DISTRICTS, THE COMMERCIAL CONVENIENCE DISTRICT (C- 2), COMMERCIAL INTERMEDIATE DISTRICT (C-3), GENERAL COMMERCIAL DISTRICT (C-4), HEAVY COMMERCIAL DISTRICT (C-5), BUSINESS PARK DISTRICT (BP), RESEARCH AND TECHNOLOGY PLANNED UNIT DEVELOPMENT DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT (SBCO), AND GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), AND TO CODIFY STATUTORY REQUIREMENTS December 11, 2018 Page 186 FOR SECURITY MEASURES AND DESIGN AND SIGNAGE, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, ADDING NEW SECTION 5.05.16 MEDICAL MARIJUANA DISPENSARIES; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. MOTION TO APPROVE – FAILED DUE TO LACK OF A REQUIRED SUPER-MAJORITY MR. OCHS: Yes, it could be. But we have a 3:45 p.m. time-certain item. It's Item 9E, and this is a recommendation to approve an ordinance amending the Collier County Land Development Code to allow medical marijuana dispensaries in the same zoning districts as pharmacies. Mr. Bosi? MR. BOSI: Good afternoon, Commission. It's Mike Bosi, Planning and Zoning director. Last November we were -- this past November we provided the December 11, 2018 Page 187 Board an update of any changes from a legislative perspective related to medical marijuana dispensaries of which there were not changes from the legislature. It's only still a binary option: You either disallow them or you treat them like a pharmacy with a 500-foot restriction from the schools. We also provided you some information related to the delivery service accessibility, a narrative of our staff. We went out and visited a couple dispensaries. At that time, at the conclusion of that item, it was a 3-2 vote to move it forward to a second hearing. The second hearing, though, does require a 4-1 vote if we were to adopt a -- the ordinance which would propose the marijuana dispensaries as pharmacies. A 3-2 -- we need a supermajority. So a 3-2 vote would essentially -- would keep the position that they're prohibited within the county. A 4-1 vote would allow for the dispensaries to move forward as suggested within the ordinance. There's no other -- real other information that I can provide to you. And just a clarification as that the actions of the Board's taking requiring a supermajority if you want it to move forward. CHAIRMAN SOLIS: Thank you. Do we have speakers? MR. MILLER: Yes, sir, we have 14. Would you like to begin? CHAIRMAN SOLIS: I'm sorry? MR. MILLER: Would you like to begin? CHAIRMAN SOLIS: Yes. And when we start the speakers -- last time we were here, I think things got a little more, let's say, boisterous than was probably good for everybody, and so I would just ask everyone to be respectful, and comments should be made to the Chair and not singling out specific commissioners for any reason. So let's proceed. MR. MILLER: Your first speaker is William Tolp. He's been ceded additional time from Jason Shook, who is here, Susan Dunn, who is here, and Leola Shook, who is. He will have a total of -- did I December 11, 2018 Page 188 get that right -- 12 minutes, and he will be followed by Alexander Popoff. Mr. Tolp. MR. TOLP: Good afternoon. Thank you, Commissioners. I'm here representing myself, personally, and also the Libertarian party of Collier County, of which I am the chairman. I'm a father, a grandfather, a veteran of the United States Air Force during the first Gulf War era under both late President George Herbert Walker Bush and President Clinton. I am here to voice my support for the passing of the zoning ordinance for medical cannabis. I have a son-in-law who lives here in Collier County who is 100 percent PTSD disabled with 512 combat missions in Iraq and Afghanistan as an army ranger, Special Forces. Beyond the horrors of war he has endured, he has also had to endure the loss of his fellow soldiers to opioid overdose, addiction, and suicide. You have repeatedly heard arguments based on science in favor of medical cannabis, and they are substantial. Some veterans' lives have literally been saved by medical cannabis, and they are undeniable that this has happened. They are -- we are here two years since its passage of medical cannabis, and patients within Collier County still have no access whatsoever inside the county. Please, I do not appreciate the assertion that someone would support the troops and at the same time deny them access to medicine that could literally save their lives. We already know and we've heard many times before that in the veterans community that, on average, 22 veterans per day commit suicide. Every veteran within Collier County who commits suicide, their life could be saved if they only had access to this medicine which treats them not only physically but also helps them with their mental problems in addition to their counseling and so forth that they seek with the VA and other medical professionals. And because we have focused -- and many times others have December 11, 2018 Page 189 focused on the scientific aspect of this, I would like to focus on how egregious of a violation of individual liberty, not only to veterans but to our medical cannabis patients, Collier County's opposition to the passing of these zoning laws is. Our county was -- our country was founded on the principles of individual liberty. Personal choices of what substances we place into our bodies is not a privilege granted by government. Our rights don't come from this body nor our state government nor our federal government. Our rights are inherent within our humanity and, as many of our founders refer to it, as being granted by our creator. Therefore, all of our rights exist whether or not a constitution or any state legislative piece of paper says we have them or not. They still exist, and we still have the right to exercise those rights. Personal choice of what substances we put in our bodies is something that is a personal choice, just as many who take a position when it comes to abortion, which is a very controversial issue, about a woman's personal right to chose what she does with her body. That is in keeping with our constitution. We have a right but, at the same time, government is -- the purpose of government is not to prevent people from harming themselves. With liberty comes responsibility, and with that liberty, if I make a choice to place something into my body, to partake of something that I should not partake of, then there are going to be consequences, and I must accept the responsibility for those consequences because with liberty comes responsibility. Thomas Jefferson, in his first inaugural address stated, "A wise and frugal government which shall leave men free to regulate their own pursuits of industry and improvement and shall not take from the mouth of labor the bread it has earned." This is the sum of good government. In other words, good government is the kind of government that stays out of people's personal lives. It is that which December 11, 2018 Page 190 leaves people to do as they see fit. That's real freedom; to do what you wish so long as what you are doing does not invade or impede or infringe upon the rights of our neighbors. As a body you should be in support of this, and I would ask that you would be in support of this and you would give it the supermajority yea, even a unanimous vote today. Benjamin Franklin stated, "The ordaining of laws in favor of one part of the nation to the prejudice and oppression of another is certainly the most erroneous and mistaken policy, and equal dispensation of protection, rights, privileges, and advantages is what every part is entitled to and ought to enjoy," end quote, from 1774. In essence, what he was saying was that the purpose of government is to ensure that those people in one part of the country also enjoy the very same rights as people in another country. So if we apply this principle at our county level, our medical cannabis patients within the county of Collier County should have the same rights, the same access as the people in Lee County or Dade County or any other of the other counties within the state of Florida. Equal access, equal rights. It is unfair for those who are patients here in this county to not enjoy the same liberties, same ease of access as those who live in neighboring Lee County. The fear-mongering stories about the danger of a substances for which there is not a single overdose attributed in all of recorded history would be laughable if it weren't so brazen, false, arrogant, and misguided. I urge the Commission to fulfill their constitutional responsibility to represent the medical cannabis patients in Collier County and pass this ordinance before the county endures lawsuits which are sure to happen if we do not get something passed here. This would only add insult and injury to the citizens of Collier County by then placing on them another tax bill to be paid for for legal fees which could have December 11, 2018 Page 191 been avoided. Thank you so much for your time. MR. MILLER: Your next speaker is Alexander Popoff. He has been ceded additional time from Jeff DeMond, from Tara DeMond, from Andrew Felix, and from Jamie Cain for a total of 15 minutes. He will be followed by Victor Espinosa. MR. POPOFF: All right. Good afternoon, County Commissioners. My name is Alex Popoff. I'm a college student here at FSW. I'm also an Air Force veteran, just as Mr. Tolp. I'm a cannabis patient, and I work for a medical device startup company. I'm a resident of Naples. I grew up on Marco. I went to Collier public schools. And when I graduated high school here at Lely and joined the Air Force, I'd come back here to attend college here. And I just had two back surgeries. I was taking opioids daily. And I started doing some research into a safe alternative, and I determined for me that that was medical cannabis. And it's worked great. I've actually -- I've lost weight. I felt clear minded, and the really only negative, because of this cause, I've missed some school because of it, but, no, not to get high, actually to come to your meetings to speak about this, because it's unfortunate that people can be in political positions but have little to no education about a topic that's so important. And it's sad, because you see it with doctors too. Only 12 percent of doctors even know what the endocannabinoid system is. So it's hard to make an educated decision, so we're trying to help you guys. But I'm not here to tell you about myself. I'm here -- or about how this has saved my life. There's plenty of people that will do that and already have done that. I'm just going to bring up some data from research and the few common-sense points about why dispensaries actually bring value and why you should want them instead of saying that, you know, delivery is okay. December 11, 2018 Page 192 The data suggests we should welcome them because it will give our population convenient access to an alternative to opioids, and this is evidenced by a study by Rand, which is a nonpartisan think tank that does studies for the U.S. Military, and they determined opioid usage and Medicaid Part D costs went down and overdoses went down but only where dispensaries were authorized. So in states that authorized cannabis use -- counties like Collier that didn't allow them didn't see those improvements. So just because they have delivery, they're not going to see the same tangible improvement. That's how the numbers work. And regarding financial incentives, a study showed in states where cannabis is legalized, property values actually increase. And this wasn't just one study. This has been replicated, and I can email you the results. One was quoted saying our estimates show that legalization leads to an average 6 percent increase in housing values, indicating that the capitalized benefits outweigh the costs. And just because delivery may be an option, it should not result in being the only option. The Department of Veteran Affairs is willing to deliver by mail endless amounts of opioids. I received a prescription mailed to me from them. You don't even have to be present. You could get synthetic heroin in pill form by 90 or 120 in a bottle in your mailbox for someone to come take. It doesn't -- you can't even do that with cannabis. You have to be physically present there. It's actually more restrictive than more harmful substances that kill people in Collier County probably weekly, if not daily. We should not inconvenience those with legitimate need to access solely to prevent abuse. Solely being scared of someone smoking so much dope that they take a nap on their couch should not be a legitimate fear to prevent legitimate medical patients from having access. That's foolish, especially because they can't even die from December 11, 2018 Page 193 these compounds. Good parenting and responsible adults is what's going to stop kids from getting these drugs, not banning dispensaries. They're going to get the drugs whether there's a dispensary here or not; I'm sure of that. So banning dispensaries, like Rob said, is sacrificing liberty and quality of health for a perceived ounce of safety that you're never going to get by doing so; however, like I said, children are going to find them anyways, and adults will, too. And all of these substances that you can buy, such as alcohol, NyQuil, even Tylenol, are killing people, and there's no limit to the purchase of them, and this is a safer alternative that could be medically used with the supervision of a doctor who's most likely more qualified than most of the commissioners, who I do not know if they have medical backgrounds. And as also mentioned and will be mentioned, cannabis still has never killed anyone, and that medically is because there is not cannabinoid receptors in the brain stem which controls things such as breathing. Also of note, international cannabis legalization is eminent, not just in the U.S. where over 31 states have approved it. But internationally, when you look at Canada, the UK, Mexico, the Caribbean Islands, many U.S. territories, more and more it's going to look like if we do not pass this, there's going to be Collier County on a map in gray, and the rest of the world is green and has approved this because they've looked at the research. Banning dispensaries out of a perceived future recreational cannabis movement is also foolish because the studies that showed an increase in property value, those were actually conducted on the recreational cannabis dispensaries, which I prefer to call adult use, because no one says recreational alcohol. It's just people are responsible with it or they're not, but it's not the substance. That's recreational. December 11, 2018 Page 194 So over the past 12 months -- and I know many others here have kept up with some of the headlines. And currently a majority of Americans actually do have access to cannabis and support its full legalization. And just like this has been mentioned, 71 percent of voters approved medical cannabis in Florida. I think it was 65 percent of Collier voters were also in favor, and those trends are going to continue. Something I wanted to mention as well is the root of prohibition in general, which some of these myths that were perpetuated in the '30s are still around, but what's really sad was the motivation behind them was from racism. Harry Anslinger was the first commissioner of the U.S. Treasury's Department of Federal Bureau of Narcotics -- that was a precursor to the DEA -- and, essentially, in the 1930s he campaigned a smear campaign against cannabis and influenced the usage of the term "marijuana," which has no scientific basis. It's used in state's medical programs, which is foolish. And the reason for this term was to make it sound exotic and Mexican, but it's not exotic. It's an East Asian plant, is where it originated from. He used racism to fuel hatred towards the plant, and his motivation was the end of alcohol prohibition, which also didn't work and led to more crime and suffering. Another one was he wanted to keep his friends and family involved in the textile industry away from competing with hemp, which is also the same species, plant and cannabis sativa. And alcohol prohibition, again, did not work, and cannabis prohibition does not. Just like we still have a few of these very conservative counties that are dry counties for alcohol. They're really not protecting anybody from anything by doing so. You're creating a problem. And this behavior has been repeated by past presidents where they've refuted their own government studies showing this to be safer December 11, 2018 Page 195 than alcohol and recommended national approvement as far back, again, as the '60s. It appears preserving the status quo has just been an easier decision for many past leaders regarding this matter, from presidents to local county commissioners. Doesn't making a hard decision make you a better leader? But this shouldn't even have to be a hard decision. The data is all in favor of approval, although there are some financially motivated prohibitionists, who I actually went to go see here in Collier myself, and they've made fortunes campaigning against it claiming that they're protecting children. In reality, they're stopping people like myself, Jeff, Rob, other veterans that just want an alternative to opioids where we don't have to spend hours reading and watching videos and buying expensive books and doing research that most doctors aren't even exposing themselves to to figure out how to feel better about ourselves. We shouldn't have to drive an hour or plan a whole day around a delivery when we could have a dispensary here. I'm sure there's plenty of companies interested in providing that. So several months back, as I'm sure you probably remember, I came and voiced my opinion. Since then, community members have spoken in favor at just about every meeting possible. So I'm sure you're tired of hearing it, and I understand that since it isn't something that directly affects you, it's hard to understand the significance. But put yourself in a young mother's shoes who needs cannabis oil for her epileptic daughter who just found one product that works that stopped her seizures but to get it she has to buy it in bulk, she has to drive an hour or plan an entire day around a delivery. And if that was you, you probably wouldn't even be able to make it here and come speak. So those are your constituents, and they're angry, and they're tired of hearing of it, too, and they want you to do the right thing, as I do December 11, 2018 Page 196 and everyone else who is going to speak. So if the moving, emotional testimony of others doesn't get to you, think about it at a very likely increase in property values and giving people a nice alternative to opioids. So thanks for your time. I think that you'll make the right choice. MR. MILLER: Your next speaker is Victor Espinosa. He will be followed by Yvette Stafford Jones. MR. ESPINOSA: Hi. I only have three minutes, so I'm going to speak fast. I apologize. My name is Victor Espinosa. I'm 27. I was born and raised in Naples, Florida. I am also a writer. I mainly write science fiction, fantasy because I'm a nerd, but I've written for plenty of other avenues over the years as well. I also have Crohn's disease. I've had Crohn's disease for 14 years, and I am lucky to even be able to stand here and address you today because I have spent years of life in bed with pain. Now, I'm here because I was at the last meeting, and I wasn't happy with the outcome, not just because of the vote, but because of the complaining and the name calling and the bellyaching. I don't agree with it, but I totally understand it, and I'm hoping I can help you understand it as well. If you take all the active patients in the medical marijuana database in Florida and you average it across the 67 counties in Florida, you get about 2,000 patients per county. That's not 100 percent accurate, but it's a pretty good number, because that means that's 2,000 people in this county whose lives are made a little bit harder because of this vote. It's 2,000 people whose lives could be made easier because of this vote. Last meeting, that was 2,000 people who were angry that their vote was denied yet again. Last meeting Commissioner McDaniel put a challenge to the rest of the commissioners to maybe visit a dispensary and a clinic and see for yourselves how the security is, the kind of patients that are there, December 11, 2018 Page 197 and how the system works. I sincerely hope you have done that. There's really no excuse to have not done that. If you have gone there, you've probably seen the type of patients that are in there. First of all, the waiting rooms are full and, second of all, you see people with walkers, with canes, people who have cancer, people who are clearly sick and in need of help. And, if you visited, you've probably seen the security. You probably had to go through security. You've seen the way they handle the money. You've seen the way they handle patients. I agree with what Commissioner Saunders said at last meeting, which is at the end of the day, this is a really simple decision, because it is a really simple decision. You either vote to give sick people access to medicine or you vote to deny sick people access to medicine. Thank you for your time. MR. MILLER: Your next speaker is Yvette Stafford Jones. She'll be followed by Toni Smith. I think I'm reading that last name right. CHAIRMAN SOLIS: If the next speaker could go ahead and come up to the other podium, that would be helpful. MR. MILLER: Just real quick. Toni, is it, Smith, S-m -- you'll wait at the next podium. Thank you. Ms. Jones? MS. JONES: Hi. My name's Yvette Stafford Jones. I am the founder of the Crohn's Charity Service Foundation here in Collier County. We've been in existence here since 2011. I have been in connection with Johnson and Johnson, HUMIRA. We've dealt with a lot of different organizations that helped our clients. Victor is one of the clients, you just heard, that spoke here. Our Crohn's patients need this medicine to stay -- to live and to stay in -- to live a normal life. I'm sorry I'm getting emotional. And I started this foundation because of my son, who is 6-foot-2, December 11, 2018 Page 198 at the age of 19 was diagnosed with Crohn's. They didn't know what to give him or anything, and he was 98 pounds. So what I did was buy burial insurance because nobody knew what to do, so -- but today we want to talk about having access. My son, Victor, veterans, everyone else, would like to have better access, easy access here in Collier County for their medicine. I picked the word "choice." We've got CVS, Walgreens, Publix, we have Walmart pharmacy, we have compound pharmacies. Choices. Schools, we have different schools: Naples, Barron Collier. We have different schools. We have choice here. Is there any way possible that the commissioners can consider us having a choice here for our dispensaries, like VidiCann, Liberty Health Science, even KNOX, Trulieve, Surterra? That's what we're looking for, just to have a choice. That's all I have to say. Thank you. MR. MILLER: Your next speaker is Toni Smith. She'll be followed by Mac Strong. MS. SMITH: Good afternoon, everyone. I'm a veteran, I'm a mother, a wife, and a patient. I served in the United States Air Force as a meteorologist. I now work in the medical marijuana business. I am foremost an educator, and I was once even a teacher. When patients come into my medical marijuana treatment facility, I make them feel at ease about the process and the products. I may spend an hour with them if that's what's needed. Some have more questions than others. I will answer them all. I love my patients and my job. I have a degree in chemistry with a minor in mathematics that the Air Force helped me get because I had a GI bill, and I get to use it every day to help patients. Words like milligrams, dosage, recommendation, milliliters, vaporizer, inhalation, sublingual, metabolize, mucous membranes, December 11, 2018 Page 199 concentrates, ratios, CBD, THC, psychoactive effect, entourage effect, and endocannabinoid system are some of the words that are used in the medical marijuana business. But why I come to you here today is to make a bid to you to allow this in your county, as a wife, as a mother, as a veteran, as the spouse of a veteran who suffers with PTSD who served 21 years in the military but still works for the government and can't use it. Some day he will, when he retires, because he needs it, just as my fellow veterans need it. I'm a patient, because I also need it, because I have PTSD. Please take the time to visit at least one medical marijuana treatment facilitate. You'll come across people just like me. We're your average people who have experienced many things in our lives and gone many places, but we need this to function daily. Thank you. MR. MILLER: Your next speaker is Mac Strong. He will be followed by Nick Garulay. MR. STRONG: Good afternoon. Ladies and gentlemen of the Collier County Commission, thank you, again, for your work protecting the health, safety, and welfare of citizens of Collier County. As we're coming to season will prove, your diligence and hard work has, again, made this one of the most desirable places to be on the entire planet. A very special thank you to Commissioner Fiala for joining us recently at our educational and certification facility here in Naples. I hope that you got a glimpse into the positive impact that this can have in the community, that it is having in the community. We have witnessed countless miracles now, thousands, in fact, for PTSD, for cancer, for MS, for counts of other debilitating conditions. Florida's medical marijuana program establishes safeguards around the access to these compounds. It is a safe method that must go through an official doctor that must certify patients. This will not lead to rank December 11, 2018 Page 200 abuse. This will not lead to the risk associated with concerns about children using it. If you look at our You Tube or read one of the hundreds of five-star reviews that we've gathered, the question and the debate should no longer be is this safe to bring into our community. It should be how can we deny our friends, family members, and fellow citizens safe and convenient access to a better life? As you're well aware, many great Collier County public health initiatives are in flight, but the unfortunate truth for far too many people is that synthetic drugs just don't work, and they often leave people sick, hurting, and in need of another solution and another pill and another side effect, and it's a terrible, terrible disaster that needs to end. Here in Naples we do enjoy a great life with countless things for which it should be grateful. But, unfortunately, many people have a very hard time being grateful when they're sick, when they're hurting, when they're traumatized. Currently we're forcing these emotionally and physically traumatized people to drive up to an hour and, again, as you've heard, schedule very inconvenient deliveries to their homes. This is not easy. These are people that are hurting very significantly. So, as you may assume, if delivery's available, what's the problem? Well, as holidays are going to show and as schedules show, delivery's not always an option. Logistics issues happen. Delivery issues happen. They lead to major problems that leave people that are in need really, really hurting. If we take a step back and look at the situation with a clear mind and an open heart, we really can see that the science has settled; that medical marijuana is saving lives; and that with a safe system in place, it can be an effective medicine that will keep our county safe and in better health. We implore you to see that the current options are not working December 11, 2018 Page 201 and that a better way exists. We just need to give people access. This is the cause we've committed our lives to, just as you've committed your lives to Collier County, and we appreciate that. We look forward to working with you all for many years to come to spread the knowledge, science, and patient results with medical marijuana here in Florida. Please vote yes on allowing the dispensary here in Naples so that our fellow citizens and community can heal, thrive, and live happily in this incredible place. Thank you. MR. MILLER: Your next speaker is Nick Garulay. He's been ceded additional time from Jack Morris. Mr. Morris, are you present? For a total of six minutes. And this is your final speaker on this item. MR. GARULAY: Great job, Mac Strong. Mac Strong works with me with My Florida Green. We had -- just like Victor, had ironically up with that equation. We've certified thousands of medical marijuana patients in our county, and I'm proud to say that. Two-and-a-half years ago I committed and drained all my bank accounts and risked my family and freedom to move forward with certifying patients for medical marijuana, and the results have been absolutely amazing. How have we -- how have we denied the fact that we are all victims of an intricate system that has been put together by big pharma and our United States government? How? How have we not put the two and two together of the fact that the vaccinations and the flu shots and the medicines and the pills and the side effects all lead to the addiction of more pills? The doctors are doing a great job prescribing medicines to patients, and when they have side effects, they have more pills to prescribe to them. It's a highway of profit for big pharma, it's a highway of profit for doctors, and it's absolutely disgusting. December 11, 2018 Page 202 And it's now -- the time is now to really take action and make sure that we can put precautionary measures for our -- in front of us for our children in the next generation that we're going to raise because, I don't know if you-all have noticed, but society is kind of a mess right now, and it's sad. I mean, alcohol kills 100,000 people a year annually. You can Google that. Cigarettes kill 400,000 people a year annually. The opioid epidemic is at 186 people per day of dying from opioid overdose, and you know that number is suppressed. But at the end of the day, those same people that control our food are the same people that control our water, the same people that control the medicines and the vaccinations. If you go to Publix, you can buy the GMO modified food, and the symptoms and the side effects from that food, you can get the medicine at the pharmacy, and then you can buy the alcohol and the cigarettes. So don't tell me that you don't see the intricate system that we're all a victim of. Today we have the ability to change that. Out of the thousands of patients that we've certified for medical marijuana in this county -- we have many locations all over the state -- I would say 80 percent of them have advanced; 80 percent of them have rid themselves of most of the synthetic medicines they take every day. That's amazing. People that are taking Xanax and benzodiazepines and opioids to get through their everyday life are now not taking those medications. Those medications are extremely addicting, and they're destroying lives. I mean, things really hit home for me two years ago when I started this business. My son was in third grade, and his third-grade teacher of Collier County school systems -- I won't name the name or the school -- diagnosed my son with ADD and ADHD. Why? Because he didn't conform with the curriculum of our society and the curriculum of the school system. So his teacher suggested that he was December 11, 2018 Page 203 ADD and ADHD, and he was put on medication, against my consent. Longer story there that I won't get into; however, I protested and was able to move my son to a private school, which I now pay for. But I realized at that time that children -- these are innocent children that are also falling victim, and we see these kids that have been put on medication in their early -- the age of 10, 11, and 12 years old that are now on three and four different medications at 16 and 17 years old, and they're strung out. They're done. They don't know what else to do. These are our kids. This is the next generation. So here we are. I mean, here we are again. I'm hoping that we don't kick the can down the road, because we've proven -- I have the data, and I'll be happy to show it to all of you -- and big thanks to Ms. Fiala for visiting our certification center and seeing that we're not drug pushers. We're actually getting people off of drugs. David Lawrence sends drug addicts to us, ladies and gentlemen; David Lawrence. Probation officers in this building, or maybe the other building, the courthouse, actually sends probationers to us. Ironic, right? Police officers -- I pass my business cards out to police officers every time I see them. You want to know why? Because they know people that need access to medical marijuana probably better than most, all right. We're in a society now that is a pill-popping society, and we're all a victim of it. And it's up to us to become aware, to build awareness, and to unite as one and say, enough is enough. I mean, we're not going to do this anymore. I'm sure that everybody in this room is pretty fed up. And you have liquor stores. You have pharmacies. You have grocery stores that supply all these damaging chemicals and toxins for us, and now you have the opportunity to open up a dispensary or two to give patients with qualifying debilitating conditions access to a plant-based December 11, 2018 Page 204 medicine that's never killed anyone. In fact, it actually promotes the natural body's ability to heal. And all this data's been suppressed by our United States government, by the way, and that was implemented back in the '50s with Nixon and big pharma. So this plant has the same cannabinoids that's almost genetically the same as in our human body, and it promotes our natural ability to heal. And it actually starts with breast milk. That's right. When the baby is attached to the breast and breastfeeding from mom, the eyes roll back in the head and they relax. And it's more politically correct to say that they're milk drunk. They're actually milk stoned. Google it. Kind of funny, I know, but cannabinoids are passed from our mom, but then the babies are loaded up with vaccinations and poisons and fed the genetically modified food. So it's up to you, ladies and gentlemen, and I thank you for your service, and I thank all the veterans in here for their service. And I just want to say that -- CHAIRMAN SOLIS: Thank you. MR. GARULAY: -- we're doing amazing things, so I want you to join us. Thank you. CHAIRMAN SOLIS: Thank you. MR. MILLER: That was our final speaker, yes, sir. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: I'm thinking we can just cut to the chase, and I'll make a motion for approval of the LDC amendments. COMMISSIONER SAUNDERS: I'll second that motion, but I think we have to have some discussion. COMMISSIONER McDANIEL: We probably are going to, sure. COMMISSIONER SAUNDERS: I can count to three, but I haven't been able to count to four on this issue. I'm looking over at Commissioner Fiala and Commissioner Taylor, and maybe there will December 11, 2018 Page 205 be a change of a vote here. This is not particularly relevant, but it's interesting. If you take a look at what they've been doing with marijuana and medical marijuana in places like Israel, they've been using that to treat people with Alzheimer's people in nursing homes for decades. So the United States has been pretty far behind the curve on dealing with people that need this type of medicine. You know, there was talk about cigarettes. It's interesting not too long ago, well, a couple years ago, there was an effort to try to get the FDA to regulate tobacco. That would have put an end to the cigarette industry in the United States. And there's a reason why cigarettes are legal. Cigarettes are designed to get you addicted to nicotine, and there's no safe use of cigarettes. Everybody knows it. Everybody knows how many people die from cancer. I think somebody said -- or from cigarettes. I think somebody said 400,000 a year, or whatever the number was. You know the reason why cigarettes are legal? It's because of money. Purely tax dollars. Every state gets hundreds of millions, if not billions and billions of dollars in tax revenue. No one's going to make tobacco illegal because there's so much money involved in it. I think we have an opportunity to help some folks that seriously need it. I don't think we're opening up Pandora's box. I know at the last meeting I said to Commissioner Fiala, if there's going to be an effort to legalize cannabis as a recreational drug in Florida, if there's going to be an effort to put that on the ballot, what we do here will have no impact on that issue. And Commissioner Fiala said, well, how do you know? And I think that the answer to that is that there are folks that may put that on the ballot, and there will be tens of millions of people voting on it, and that's a whole different issue. But legalizing a medical marijuana dispensary in Collier County is not a step in that process. December 11, 2018 Page 206 And I would ask Commissioner Fiala and Commissioner Taylor to reconsider their position. Let's help these folks that have been coming here. We're not opening up the door to some strange and dreadful phenomenon here in Collier County. I'll second the motion. CHAIRMAN SOLIS: Commissioner McDaniel, can I say something? COMMISSIONER McDANIEL: Sure. You're the Chair. CHAIRMAN SOLIS: You're next on the list, but I do want to say something, because it just occurred to me that when we started today Commissioner Taylor and I took an oath, and it was an oath to support the Constitution in the state of Florida and the United States, and specifically the state of Florida. And the right to the access to medical marijuana is in the Florida Constitution. And we just swore to uphold that and support it. And so when I'm asked this question, it's not a matter of whether or not -- even if I think it's a good idea. I mean, we took an oath to support the Constitution of the State of Florida, which provides now, whether I like it or not, whether any of us like it or not, that there will be access to medical marijuana. And I would hope that my colleagues would think about that when we decide on how we're going to vote. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I appreciate you sharing that. That's been my number one contention since this whole issue, in fact, came up, Commissioner Saunders. I've watched you evolve from where we were two years ago when this first came along to where you are, in fact, now. I want to compliment you for taking -- because the grapevine was talking. I knew you were out visiting, talking with people, educating yourself, and I appreciate you, in fact, doing that. December 11, 2018 Page 207 I know that there's been -- I've watched both of you with having serious reservations with regard to allowing these dispensaries and the theoretic -- and the misnomers. They're not theoretical. They are theoretical misnomers of what can, in fact, transpire. So I want to thank you for taking that initiative to educate yourself irrespective of how you vote today. I know you're going to do the right thing, but I want to compliment you on that. COMMISSIONER FIALA: Thanks. CHAIRMAN SOLIS: Any other comments on the Board? So there's a motion and a second. Any other discussion? COMMISSIONER FIALA: I have a comment. CHAIRMAN SOLIS: Yes, ma'am. COMMISSIONER FIALA: I was, you know -- COMMISSIONER McDANIEL: Stay up on the mic. My mother's listening and she can't hear you. COMMISSIONER FIALA: Are you listening? You know, naturally I'm wavering, because I can understand the need for medical marijuana, you know. My fear has been not people just taking medical marijuana but then slipping right on into recreational and then -- as it has happened in every other state. This is not unusual, and then it gets bigger and bigger, and then they have to hire extra security. And all throughout this agenda item it mentions security, security, extra security. You never have to have security to go buy a quart of milk, but you have to have security around medical -- marijuana dispensaries. And then Morgan and Morgan announced that they'll make sure that by next year this is switched to recreational. And I thought, bingo, that's exactly what's happening in the other states. And I thought, oh, my goodness. And here I'm just wavering on the medical, and already he's guaranteeing us that next year he's going to make sure that we are open to -- and it hit the newspapers. I'm sure you all read them as well. December 11, 2018 Page 208 And I pushed back and I thought, if dispensaries can deliver them and there's more and more popping up, why do we need to open the door to, then, recreational here? CHAIRMAN SOLIS: But I think that's -- there's no connection between what the voters of Florida approved and recreational. I mean, it doesn't relate to recreational marijuana. This is marijuana that has to be prescribed to a patient by a doctor. COMMISSIONER FIALA: Right. Well, when it turns to recreational, then what happens? They don't have to have any prescriptions. They just go on down to the dispensary, right? MR. OCHS: Commissioners, if you could use your microphones, please. CHAIRMAN SOLIS: Yeah. I'm sorry. Yeah. Well, you know, recreational marijuana is not legal in the state of Florida, and they'd have to be breaking the law. I mean -- COMMISSIONER McDANIEL: It's a whole 'nother vote. COMMISSIONER SAUNDERS: If I could add to that, it takes 60 percent plus one voting in the affirmative to amend the Florida Constitution. And just because Morgan and Morgan is going to, perhaps, get enough signatures to put it on the ballot doesn't mean that it's going to pass in Florida. I think a lot of people that voted for medical marijuana certainly are not going to vote for recreational marijuana. So I think trying to mix these two together is a mistake because they are separate issues, and I don't think -- I mean, you'll have an opportunity if it's on the ballot to campaign against that, to get your friends to vote against it. And to get to 60 percent plus one on a recreational marijuana vote in Florida will be a very difficult challenge. So I don't think -- what I would ask you to do is not let that potential vote be the determining factor as to whether or not these folks December 11, 2018 Page 209 can get medical marijuana here in Collier County without having to travel. COMMISSIONER FIALA: Why do you have to have so much security around dispensaries? COMMISSIONER SAUNDERS: That's a good question, and the reason is is that the Florida legislature is making sure that these facilities are secure, making sure that you have to have the right prescription in order to get medical marijuana. It's oversight by the State of Florida. Nothing wrong with it. But that should -- the fact that they have security should give you comfort as opposed to making you more concerned about it. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: You know, I've listened, and I just want to assure the speakers -- and some of you I've seen you here almost every time, and I really appreciate it, and I have no doubt how important medical marijuana is to your health, to your well-being, and to your future. That has never been a question in my mind. What has been a question is to take the inability the county has to regulate where these dispensaries should go. And now I understand from the press that even the question of whether we can have more than one dispensary has now been pretty much -- it's been challenged in the courts, and apparently the State of Florida's not willing to defend what they passed three or four years ago. It's always been about the zoning, always, for me, never the value of what you take and the importance of it to your health, so I want to make that very clear. But I am not willing to have the rights of people who do not want dispensaries next to a school -- I'm not going to take those away from those people. And, yes, we have to uphold the Constitution, of course, and we will. I'm not banning medical marijuana from the use of people in Collier County, but what I am saying is until we have more ability to December 11, 2018 Page 210 determine where these dispensaries should go -- which I have a feeling is coming down. I think -- frankly, I think the hill that you have climbed over these few years since this has been approved, I think you're coming down the downside. I think things under this new administration are going to change so fast that it's going to be done. But until that time, I'm going to have to stay with my original vote, which is no. COMMISSIONER FIALA: And I, too. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Yeah. One of the other things, if you notice I have marked here a lot of writing on these pages in oranges and everything, because -- it's interesting, because the zoning for it, it said wherever pharmacy -- it didn't say exactly "wherever." In the same zoning districts as pharmacy. Well, there's a pharmacy on every corner, or maybe on every other corner, but they're just all over. So how many dispensaries does that make? That's plenty. COMMISSIONER McDANIEL: The number of dispensaries are limited to the -- COMMISSIONER TAYLOR: Now. COMMISSIONER McDANIEL: -- the patients that are actually receiving the cannabis. COMMISSIONER TAYLOR: Right now. COMMISSIONER McDANIEL: Correct. And there again -- well, you know -- COMMISSIONER FIALA: But they get -- CHAIRMAN SOLIS: I mean, let me just -- I just want to say, if that logic was true, there would be a dispensary on every corner in Lee County and in Sarasota County and all the other counties in the state of Florida, and there isn't. COMMISSIONER McDANIEL: Right. COMMISSIONER FIALA: How do you know? December 11, 2018 Page 211 CHAIRMAN SOLIS: Because -- COMMISSIONER McDANIEL: Because it's a fact. CHAIRMAN SOLIS: It's a fact. There's two in Lee County, so -- well, very good. I think we are where we are. There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Those opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN SOLIS: Motion fails. MR. OCHS: Commissioners, that moves us to Item 11C. COMMISSIONER FIALA: Is that Riviera? MR. OCHS: No, ma'am. Would you like to take -- COMMISSIONER FIALA: Yeah. There's a whole bunch of people out here that have been waiting most of the day. CHAIRMAN SOLIS: That's fine. We can move to that one. Item #11J RECOMMENDATION TO AUTHORIZE THE COUNTY MANAGER TO CAST TWO AFFIRMATIVE VOTES FOR THE RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS, TO NEGOTIATE A CONTRACT FOR THE ACQUISITION OF THE 93-ACRE GOLF COURSE AND TO BORROW UP TO $3.3 MILLION FOR THE LAND PURCHASE AND MAINTENANCE EQUIPMENT FOR USE AS A PRIVATE COMMUNITY PARK. COLLIER COUNTY OWNS TWO (2) LOTS AT 767 AND 771 CHARLEMAGNE COURT IN RIVIERA GOLF December 11, 2018 Page 212 ESTATES AND THUS HAS TWO (2) VOTES IT CAN CAST – APPROVED MR. OCHS: We move to Item 11J. This is a recommendation to authorize the County Manager to cast two affirmative votes for the Riviera Golf Estates Homeowners' Association Board of Directors to negotiate a contract for the acquisition of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and maintenance equipment for uses of private community park. Collier County owns two lots in Riviera Golf Estates and, therefore, has the ability to cast two votes. Commissioner Saunders has asked for this item to be moved to the regular agenda for discussion, and I understand we do have some public speakers as well, sir. COMMISSIONER SAUNDERS: Mr. Chairman, I asked for this to be taken off the consent agenda because I do not think it's appropriate for the county, owning two vacant parcels in that community, to cast the vote. That may be enough to sway the election, and I don't think it's right for the county to participate in that. The residents there will experience, I think, a $4,000 assessment, and then $12 a month per parcel in assessed fees. And I have no problem with the residents approving that, obviously, but I don't think the county should participate. So that's why I asked this to be withdrawn from the consent agenda. COMMISSIONER TAYLOR: May I ask you -- I mean, I understand, sort of, in my common way of looking at it, but is there a legal issue to this, or is it just a sense of right or wrong? COMMISSIONER SAUNDERS: Well, you know, we're going to be asking the taxpayers of Collier County to participate in this on a -- you know, it's a small amount of money, but it's tax dollars that we're spending in that community. I don't think there's any particular December 11, 2018 Page 213 legal prohibition to us doing this, but I just don't think it's an appropriate use of our authority to do that. You know, if there's a majority in the community that want to purchase it, that's fine. If there's a majority that don't want to purchase it, that's fine, but I don't think we should be part of the decision-making on that acquisition. COMMISSIONER FIALA: May I weight in on that a little bit? And I don't even know if I'm speaking for you properly or anything. I'm just relaying what I've heard and what I've been involved in. I've gone to the meetings, and the people are fearful, of course, of what -- who can buy that property, and they've seen, you know, other places where something, not that they're desiring, could be built right into the middle of their community, and they're a little fearful of that. But there are others there that say -- and this is a -- this is a 55-and-older community, okay, a big community, by the way, 55 and older. And some of them say, I'm too old. I'm going to die before that anyway. Why should I put my money into it? And that means everybody else is stuck, you know, shouldering it, and that didn't work out either. I just -- I don't know how a vote would even go. But why don't you give us your opinions, because those are just the things I've heard and seen, and so I'd love to hear from you all. CHAIRMAN SOLIS: Public speakers. MR. MILLER: Certainly, sir. Your first public speaker is Steve Campbell. He will be followed by Lea Cassetta. CHAIRMAN SOLIS: How many do we have? UNIDENTIFIED SPEAKER: Could we have Lea go first? Is that appropriate? MR. MILLER: Sure. Lea, come on down. How about Steve Campbell after that. December 11, 2018 Page 214 CHAIRMAN SOLIS: How many speakers do we have after that? MR. MILLER: We have four total, sir. MS. CASSETTA: Good afternoon, Commissioners. MR. MILLER: Please pull the mic over. MS. CASSETTA: My name is Lea Cassetta. I'm one of the members of the Riviera Golf Estates Board of Directors. I'm speaking today both on my behalf and on that of Mike Flaherty, who's our current president of the board of directors. But he's dealing with issues that require his presence, and he's not able to be here today at this session. I understand what you were saying, Commissioner Saunders, but by your not voting, you are voting; you're voting no. A non-vote is a no vote. So you're voting one way or the other, just so you understand that. COMMISSIONER SAUNDERS: We could cast one vote "yes" and one vote "no." MS. CASSETTA: You could do that, but at least you're still casting a vote. But by not -- a non-vote, you are voting no, just so you understand that. COMMISSIONER SAUNDERS: If it would be neutral for us to cast a vote "yes" and cast a vote "no" so that we're not impacting the election, I'm fine with that. MS. CASSETTA: You can cast your votes -- you can cast your votes either way you want, that is true. I just wanted to let you know that you are voting one way or the other. Even if you don't vote, you're voting. COMMISSIONER SAUNDERS: That's fine. MS. CASSETTA: Commissioners, Riviera Golf Estates board appointed a committee who spent two years and thousands of hours of their own time studying the pros and cons of purchasing Riviera Golf Course, which is located in the midst of our community. It was December 11, 2018 Page 215 originally deeded by the owner as a golf course in perpetuity. The current owner challenged that several years ago, and the courts decided that that deed restriction expires in 2020. So in 2020 the golf course can be sold and rezoned for development. It doesn't have to stay a golf course. The committee that put that together, after doing that study for two years, explained the results in numerous member sessions, and not only that, but published that 80-plus page report on our community website for all of our residents to be able to access. Once this current board was in place, we agreed fully on two steps. First, we endorsed the Board-appointed committee's report and gave a strong recommendation to our community residents to purchase the land if it can be negotiated for a fair price and, second, if purchased, to maintain the acreage, as Commissioner Fiala said, as a green space, not as a golf course, and that way all the residents could enjoy it. Our reasoning for the recommendation was to have the land under our control. We are, as you know, a deed-restricted community of 55 and older, and most of those residents right now are in their 80s and 90s. We believe the development of the property would be extremely disruptive to the community and to the property values, and we have a very real concern that the development would increase the potential for flooding of our community homes during storms and other more serious inclement weather, as the community -- as the current building requires that new development has to be raised up to a level that's higher than most of the homes in our community. CHAIRMAN SOLIS: Thank you. I'm sorry. Your three minutes are up. Thank you. MS. CASSETTA: Okay. MR. MILLER: Your next speaker is Steve Campbell. He will be followed by Michael Flaherty -- December 11, 2018 Page 216 MS. FLAHERTY: Michelle. MR. MILLER: Michelle Flaherty. My apologies, Michelle. MS. FLAHERTY: It happens all the time. MR. CAMPBELL: Good evening, Commissioners. My name's Steve Campbell, a Riviera Golf Estates resident. I'll just cut to the chase here. Collier County officials, Ms. Donna Fiala, Mark Strain, and Abe Skinner, have repeatedly told Riviera Golf Estates residents, for your own protection, to buy the golf course land because the county can only do so much. RGE residents are in the midst of voting to negotiate for the purchase of Riviera Golf Course to preserve our quiet retirement homes. To me, the expert advice from our county representatives gives us valuable guidance and support. Our board of directors was elected on the basis of their stand to purchase Riviera Golf Course to preserve our quality of life, property values, our safety, and welfare. Our covenants read, quote, Article 3.1, Paragraph D, "Assessments levied by the association shall be the amounts determined necessary to and shall be used exclusively to promote the recreation, health, safety, and welfare of the owners and residents of the lots subject to this declaration and for the purchase, financing, improvement, operation, maintenance, and leasing of the common areas and recreational facilities as the same may exist from time to time," unquote. And talking about the cost. At the present time, there is the faction of RGE residents sabotaging our board of directors in their efforts to get a representative vote by the people. For over a year, RGE residents have received anonymous letters with distorted facts, outright lies, and misinformation. The HOA formed a committee that produced the pamphlet that was delivered with the ballot to the county. They also produced an 85-page report listing pro and con concerning the golf course land, and December 11, 2018 Page 217 the board of our directors recommended purchase of the land. We urge our county representatives to vote yes on this important issue that will affect RGE residents for decades to come. Look what happened to Tam O'Shanter or Crystal Lake Golf Course over in Pompano Beach. Riviera Golf Course and our community could be next. And if you go look on the Internet, they're really nice. You can book times. Tam O'Shanter is now a cemetery, and Crystal Lake is back-to-back housing. MR. MILLER: Your next speaker is Michelle Flaherty. She will be followed by Robert Montuori. MS. FLAHERTY: Good afternoon, Commissioners. I'm going to put a little different slant on this. Also, for your information, it's going to take 67 percent of our owners in order to pass, so two votes can be very important. And I ask that you consider that, because -- our community is certainly not Port Royal, and it is a middle-class community. We've all worked hard. We've gotten to retirement, and we're able to enjoy Naples because Riviera exists. It's a wonderful community, very active. We are active in the community in terms of money, donations, and volunteer work. This is a place that I never thought I would be, and because Riviera exists, I can be here. I live in Naples, and I love it, and I enjoy it. And there are people that want to take that away from us if we don't buy this land. And I urge you to do two yeses, because it's really important for the people who are there over 55, some of us even over 65. But it's really a very important -- it is a very wonderful community to live in, and I enjoy being there, and I really do not want it to be compromised by whatever. And I know you've passed some new ordinances that increase the December 11, 2018 Page 218 setbacks and all of that, but in my previous life I worked with many boards and -- anyway, I worked with contractors, and you name it, and what I know for a fact is that these kinds of regulations are written in invisible ink depending how deep the pockets are of the person wanting the land. So I'm frightened about that. COMMISSIONER TAYLOR: May I speak to that? MS. FLAHERTY: Sure. Go ahead. COMMISSIONER TAYLOR: That's not going to happen here. It's not going to happen here. We are as appalled as you are with the greed of people and the idea that you could take a golf course and put housing back to back in your front yard or your backyard. So we created as much as we could possibly do, created strict regulations. We have actually -- at this point, knock on wood, we've actually backed one developer off the project, and we suspect that these regulations are as onerous as possibly could, that I don't think it would be clear sailing at all. And you, as a neighborhood, have the ability -- he has to come to you. He has to make it pleasing to you of what they're building. The other thing is -- and I'm listening to you, and I know Riviera Golf Course. I've seen it for years, and I've actually been on it -- not playing golf, but I have some friends there. And I know that you are of modest income, and I know we've got to save what we have. But think long-term and think about maintenance. One of the reasons the county's not going into the golf course business is because of the cost of it. MS. FLAHERTY: But we're not going to operate a golf course. COMMISSIONER TAYLOR: Okay. MS. FLAHERTY: So it will be open space. That's the recommendation of the Board. CHAIRMAN SOLIS: Oh. MS. FLAHERTY: So it will be walking trails, and we're going to December 11, 2018 Page 219 keep it as open space for people to enjoy, and I think, again, that's another part of making our community very attractive. COMMISSIONER TAYLOR: It will be wonderful for your community. And, you know, I'm not trying to talk you out of anything, but I just want you to know that there's not one -- well, at least at one point there was never a sympathetic, not one bone for this what I consider just obnoxious way of maximizing land in Collier County. MS. FLAHERTY: Yes. Well, thank you very much. COMMISSIONER TAYLOR: You're welcome. MR. MILLER: Your final speaker on this item is Robert Montuori, and he's not here. So that was your final speaker. COMMISSIONER TAYLOR: Commissioner Fiala, you didn't know if what -- COMMISSIONER FIALA: I don't know that we can stop this -- COMMISSIONER TAYLOR: No, we can't, but we have regulations in place. CHAIRMAN SOLIS: The golf course conversion ordinance. COMMISSIONER FIALA: That could stop it? COMMISSIONER TAYLOR: Well, it won't stop it, but -- CHAIRMAN SOLIS: They have to do a lot. COMMISSIONER TAYLOR: -- they really have to bend over to make it very good. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I have a question. As an owner, are we -- are we going to be assessed an equivalent amount as the other property owners in the community with the acquisition? MS. MOTT: Yes. COMMISSIONER McDANIEL: Okay. UNIDENTIFIED SPEAKER: It can be paid monthly. CHAIRMAN SOLIS: Commissioner Saunders. December 11, 2018 Page 220 UNIDENTIFIED SPEAKER: Fifteen years, then it goes away. COMMISSIONER SAUNDERS: I didn't realize it took a 67 percent vote. I assume that's a 67 percent vote of all the property owners? UNIDENTIFIED SPEAKER: Yes. COMMISSIONER SAUNDERS: It's not the property owners voting, but it's all of them -- UNIDENTIFIED SPEAKER: Six hundred ninety-two. UNIDENTIFIED SPEAKER: Including non-votes. COMMISSIONER SAUNDERS: So, Commissioner Fiala, I assume you're in support of this. Maybe you can persuade me. COMMISSIONER FIALA: I am in support of the community, and I -- in fact, they just asked me one day when I was a speaker, and I said, if it were me, I would want to control my own destiny. You were probably all there, and I said, so I would buy it. COMMISSIONER SAUNDERS: Have we received any -- I know we've received some folks saying that they don't want us to vote for this, and I think we had a series of emails which is really -- I mean, philosophically, I have a little problem with us weighing in on an election like that. COMMISSIONER TAYLOR: Take your vote, and if you need us, let us know. COMMISSIONER FIALA: So I'd -- (Multiple speakers speaking.) COMMISSIONER FIALA: I would make a motion that we do vote, and we use our two votes. (Multiple speakers speaking.) COMMISSIONER FIALA: I make a motion that, yes, we do vote in favor of Riviera Golf Estates. COMMISSIONER McDANIEL: That's a "yes" vote. COMMISSIONER FIALA: That's a "yes" vote. December 11, 2018 Page 221 COMMISSIONER McDANIEL: That's correct, and I'll second that motion. MR. OCHS: Two yes votes? COMMISSIONER McDANIEL: The motion is to make two yes votes. CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER SAUNDERS: Whose district is this in? CHAIRMAN SOLIS: Yeah. Whose district is it? COMMISSIONER FIALA: It's mine. CHAIRMAN SOLIS: I just want to know. COMMISSIONER McDANIEL: I just want to say something. And, again, you know, I spoke to the folks that are here. The prior president, George Danz, I believe is his name. He's my friend. When they were soliciting us to buy the golf course, I'm like, oh, no, no, no. You need to go together. You need to do an individual homeowners' assessment, protect the value of your community in some form or format. It doesn't need to come from government subsidization. I've said that -- I've said that since the beginning. So I'm in support of moving forward, especially if we're, on an equivalency basis, going to participate in that expense. COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to do my typical 180 here. I'm going to support the motion but hopefully, when they do purchase this, that our county residents can come out there from time to time and walk on the open space. COMMISSIONER FIALA: There you go. That's a guarantee, right, folks? UNIDENTIFIED SPEAKER: Absolutely. CHAIRMAN SOLIS: Okay. There's a motion and a second to approve two yes votes. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. December 11, 2018 Page 222 CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) COMMISSIONER TAYLOR: You have your votes. CHAIRMAN SOLIS: You've got your votes. MR. OCHS: How's our court reporter doing? CHAIRMAN SOLIS: Yeah. How's our -- THE COURT REPORTER: Didn't we just have a break? CHAIRMAN SOLIS: About an hour ago. Do one more. Okay. Let's go. Have we got another one? MR. OCHS: Yes. COMMISSIONER FIALA: We're going to have to go eat more candy. COMMISSIONER TAYLOR: Do you want to do the mental-health and addiction? CHAIRMAN SOLIS: Why don't we go through some fast ones. I don't see Pam Baker. I had asked -- (Multiple speakers speaking.) CHAIRMAN SOLIS: The mental-health and addiction? COMMISSIONER TAYLOR: This is easy. I'm not going to -- I'm not going to torpedo it at all. CHAIRMAN SOLIS: Well, that would be nice. Okay. Let's do that one. COMMISSIONER FIALA: You've got your humor on there. CHAIRMAN SOLIS: Yeah. Item #11K RESOLUTION 2018-232: RECOMMENDATION TO ADOPT A December 11, 2018 Page 223 RESOLUTION ESTABLISHING THE COLLIER COUNTY MENTAL HEALTH AND ADDICTION AD HOC ADVISORY COMMITTEE – ADOPTED MR. OCHS: That's Item 11K. It's a recommendation to adopt a resolution establishing the Collier County mental-health and addiction add hoc advisory committee. Commissioner Taylor moved this to the regular agenda. COMMISSIONER TAYLOR: All right. So, Troy, can you -- can someone pull up the resolution? I mean, I can't do this -- COMMISSIONER McDANIEL: What do you want to do? COMMISSIONER TAYLOR: Just read it, yeah, on the -- can we put it on there just quickly? CHAIRMAN SOLIS: It was -- COMMISSIONER McDANIEL: It was originally 16F -- COMMISSIONER TAYLOR: 16F8. CHAIRMAN SOLIS: 16F8. Okay. So here it is. COMMISSIONER TAYLOR: And there were two things. First of all, I did notice right away that the children were not part of it, and I accept that except I kind of disagree with it because of my -- you know, these kids, especially within the dependency, the foster care system, they're the kids that need attention to -- COMMISSIONER FIALA: (Inaudible.) COMMISSIONER TAYLOR: Yes. And I'm concerned that, oh, we're going to take care of all these others, and they're an afterthought. And I think they should have equal footing. But then the second thing is, in this resolution it does talk about -- CHAIRMAN SOLIS: Whereabouts? COMMISSIONER TAYLOR: At the beginning it says what the -- the purpose of it, creation and purpose of it, mental illness advisory committee. December 11, 2018 Page 224 CHAIRMAN SOLIS: Right. COMMISSIONER TAYLOR: And it talks about present to the Board of County Commissioners a report and recommendation as to what action the Board of County Commissioners should take to maximum accessibility, et cetera, et cetera. I think we need to have as well on this committee -- I think we need to have someone from the county on this committee, whether it's in the budget office, whether it's -- we just need someone, because it's very, very important. It is the community, but I think they need to be represented. And I couldn't see that they were represented there. So I guess it's just to add two representatives, one from the children's and then also to have someone from the county on this. CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: And that was it. CHAIRMAN SOLIS: I mean, the county staff is going to be -- will be -- you want the county to be a voting member of the committee? Do we do that? COMMISSIONER TAYLOR: I don't know if they would be a voting member as just there to say, oh, you want $300,000. Well, our budget is -- or, you know, to bring some -- CHAIRMAN SOLIS: That's Sean. MR. CASALANGUIDA: Liaison. COMMISSIONER TAYLOR: Liaison. There, we've got the word. There's the word. Okay? CHAIRMAN SOLIS: Sure. COMMISSIONER TAYLOR: The technical. Okay. I think that's important. COMMISSIONER McDANIEL: Not a voting member, though. MR. OCHS: No. MR. KLATZKOW: Yeah, but you don't need to put that in the resolution. December 11, 2018 Page 225 CHAIRMAN SOLIS: Yeah. MR. KLATZKOW: You have staff liaisons for all your committees. COMMISSIONER TAYLOR: Okay. And then to put someone -- CHAIRMAN SOLIS: Well -- but I will tell you, you know, then mental-health professionals -- all of these individuals that are listed as mental-health professionals, behavioral-health professionals, psychologists, psychiatrists, I mean, we're not limiting it to these professionals that only relate to adults. And, really, just so you know, the school board has been involved in all of these meetings, and it was really a -- the consensus was that, one, there's so much in flux with the children's mental-health services and things through the school districts. There's actually -- as I was saying before, it's, actually, in terms of funding, Medicaid actually pays more for children's mental-health services than adults. So this -- the decision to start with the strategic plan that relates to adults initially was, you know, that was -- it was Scott Burgess from David Lawrence, Pam Baker. I mean, this was -- we talked a lot about this. And that was the consensus, that -- let's get something in place. We set the priorities, get a strategic plan, and then ultimately we would have a strategic plan that included children as well. It's just that it involves so many other issues that I don't even understand the recommendation was, let's take it a step at a time because I think the children's -- while it's not perfect, it needs a lot of assistance, or needs a lot of work, the system, it's at least a little bit ahead of the adult side. And I would also say that the facility, the centralized facility, receiving facility, will also have a children's aspect to it. So it's not -- it's not that it's completely being disregarded. It's just not going to be the initial focus. Commissioner -- I'm sorry. Go ahead. December 11, 2018 Page 226 COMMISSIONER TAYLOR: Well -- and I guess, again -- and I respectfully would urge you to add someone, especially from the dependency system, because, in my mind, when I read that, I just went back to the young man that shot children who was a former foster child adopted. These kids come into the system damaged, and oftentimes, even though they may have that ability to go to services, those services are not consistent, and they're not readily available. It takes a lot of advocacy. So that's -- I guess that's where I was going with that. CHAIRMAN SOLIS: Commissioner McDaniel, before his head explodes. COMMISSIONER McDANIEL: Yes. You know, I've been very intimate with this. I spent a lot of time in Washington, D.C., with health and services and -- because I'm working on funding. Everything we're talking about here is really nice, but without funding, it's just all we're doing is talking about it. And I really applaud Commissioner Solis' efforts in moving forward. One of the specific questions that was asked to me -- asked of me while I was in Washington, D.C., was what's your mental-health plan? And I'm like, ugh, I don't know that we have one. And I applaud you for the aggressive maneuvers with regard to timing, establishment of the committee, and then -- and specifying that it is for the adult care. So I would, number one -- also, at the same time, I want to make -- I don't want to take away your motion to approve or move this forward (sic), but I think we ought to move this forward as is and, at the same time, address what Commissioner Taylor's, in fact, talking about. I sat in on the symposium that was held by our sheriff. Commissioner Solis, you were there. And when they talked about some of our jail population and so on and so forth and the mental-health issues that are transpiring within our jail system, in the back of the room I raised my hand and I said, what are you doing about December 11, 2018 Page 227 the pipeline? And, of course, there was silence. And I said DJJ. And the efforts that are going along with the management of our adolescent population, it's a whole 'nother can of worms. COMMISSIONER TAYLOR: Yep. COMMISSIONER McDANIEL: And so, with that, I would recommend we leave this alone, because it's imperative that we have this to allow for the funding and the sources of funding to come forth, and then we specifically move forward on the pipeline that feeds that, and that is the adolescent care. In conjunction with that, Commissioner Taylor, Michael Ellis, the CEO of Healthcare Network, is in the process of opening up an adolescent bed facility in Southern Lee County. One of the issues we have in Collier County is we don't have a population base to be able to justify and warrant the expense associated with the care for the adolescence. And so that is happening, as we speak, per -- as, you know, I'm chair of the Public Safety Coordinating Committee, and I invited the caregivers into that just to mingle them with the judicial side, the prosecution side, the law enforcement, and such as far as the incarceration goes, and that came out of that information. So there are efforts in place that are being moved forward. So I would highly recommend we leave this one alone, approve it as-is, and go forward, and then work separately with those that are working with the adolescent population to assist them in any manner possible. CHAIRMAN SOLIS: Absolutely. And just -- I'm sorry. I think you were next, but I was just going to say -- COMMISSIONER FIALA: I was. CHAIRMAN SOLIS: You were next, okay. The adolescent issue is certainly -- it's of great concern to everybody that's involved. It's just that we need to start somewhere, and this was the December 11, 2018 Page 228 recommendation from the stakeholders. So it's on the burner. COMMISSIONER SAUNDERS: All I was going to do was second the motion. CHAIRMAN SOLIS: Okay. There's a motion and a second. And, Commissioner Fiala, you hit your button, so you go last. COMMISSIONER FIALA: Yes, I did. All I wanted to know was -- and you're kind of explaining it, is there's so much help that's needed in the adolescent range, and it starts, like, in school with the little ones, and then it moves up into some of the incarcerated kids because of their problems. CHAIRMAN SOLIS: Right. COMMISSIONER FIALA: It moves on into -- excuse me. It moves on into places like Youth Haven where they -- you know, those kids are so damaged already -- CHAIRMAN SOLIS: Right. COMMISSIONER FIALA: -- and more, and there's so much help that's needed for these kids. I'm sure that they feel tortured by what's going on in their lives. And we can't do much about it, but I'm glad you're saying that there's going to be a separate -- CHAIRMAN SOLIS: Absolutely. COMMISSIONER FIALA: -- network out there helping those people. CHAIRMAN SOLIS: Absolutely. COMMISSIONER FIALA: You're going to work on that, too? CHAIRMAN SOLIS: Yes, I am. I'll commit to you that I'm going to work on that as well. COMMISSIONER FIALA: Okay. I'm going to take that to the bank. Thank you. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. December 11, 2018 Page 229 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. COMMISSIONER TAYLOR: You're welcome. No, thank you. MR. OCHS: Where do you want to go now, Mr. Chairman, back to the regular order? COMMISSIONER FIALA: How about -- let's give her a break. CHAIRMAN SOLIS: You need a break? COMMISSIONER TAYLOR: Ten minutes. What do you think, 15? THE COURT REPORTER: Ten. CHAIRMAN SOLIS: What do you need? Ten minutes at the most. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seat. Mr. Chairman, you have a live mic. Item #11E RECOMMENDATION TO DIRECT STAFF TO ADVERTISE, AND BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE REPEALING THE FLOOD DAMAGE PREVENTION ORDINANCE, ORDINANCE NO. 2011-07, TO BE REPLACED BY THE NEW FLOODPLAIN MANAGEMENT ORDINANCE – APPROVED We're moving to Item 11E. This is a recommendation to direct December 11, 2018 Page 230 staff to advertise and bring back for a future public hearing an ordinance repealing the Flood Damage Prevention Ordinance to be replaced by the new Floodplain Management Ordinance. Ms. Caroline Cilek. COMMISSIONER SAUNDERS: I'll make a motion to approve. MR. OCHS: Okay. CHAIRMAN SOLIS: Is there a second? COMMISSIONER FIALA: I'll second. COMMISSIONER McDANIEL: For discussion. CHAIRMAN SOLIS: For discussion, okay. Discussion. Commissioner McDaniel. COMMISSIONER McDANIEL: And I'm not opposed to it. I just have a concern. I mean, the right that's being corrected or wrong that's being corrected with this delineation of the 1.5 estimation of the sea level rise, I have a concern with regard to the potential impacts, unintended consequences that are going to come from that delineation. MS. CILEK: Okay. So the sea level rise is actually in the floodplain management plan. COMMISSIONER McDANIEL: Isn't that what we're doing? MR. OCHS: No, sir. MS. CILEK: And that's coming back at a later date. MR. OCHS: That was on the consent agenda, the update to the Floodplain management. COMMISSIONER McDANIEL: Aye. I'm sorry. My bad. Misunderstood. MS. CILEK: So this is the Floodplain Management Ordinance, which I'd still be happy to take a vote of confidence to move for request to advertise in January, but I'm happy to give you an overview as well. COMMISSIONER McDANIEL: No. CHAIRMAN SOLIS: There's a motion and a second. I think we December 11, 2018 Page 231 took care of the discussion. 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: Motion carries. COMMISSIONER McDANIEL: Good report. CHAIRMAN SOLIS: Great presentation. MR. OCHS: Thanks. MS. CILEK: Thank you very much. Have a great evening. CHAIRMAN SOLIS: Thank you. Item #11C RECOMMENDATION TO AUTHORIZE STAFF TO ADVERTISE AN AMENDMENT TO ORDINANCE NO. 2002-63, AS AMENDED, WHICH ESTABLISHED AND IMPLEMENTS THE CONSERVATION COLLIER PROGRAM – APPROVED MR. OCHS: Okay. That takes us back to Item 11C. This is a recommendation to authorize the staff to advertise an amendment to Ordinance No. 2002-63 as amended, which established and implements the Conservation Collier program. COMMISSIONER SAUNDERS: And, Mr. Chairman, this is first reading. This will come back to us; is that correct? MR. OCHS: Yes. COMMISSIONER SAUNDERS: I know that there may be some questions, but I'm going to make a motion to approve this going December 11, 2018 Page 232 forward. It's going to come back. We'll have plenty of opportunity to discuss it at an earlier time during the day. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN SOLIS: We have public speakers, though. MR. MILLER: Yes. I have two public speakers. COMMISSIONER FIALA: Oh, I'm sorry. MR. MILLER: Gladys Delgadillo will be followed by Meredith Budd. MS. DELGADILLO: Hi. My name is Gladys Delgadillo. I'm an environmental policy specialist with the Conservancy of Southwest Florida. The Conservancy has been following the proposed changes to the Conservation Collier ordinance. We really appreciate the thought CCLAC members have put into discussion of these changes and are grateful that they've rejected many of the proposed changes the Conservancy was concerned about. In general, however, we still feel that with the exception of a couple staff-recommended changes, the proposed changes to the Conservation Collier ordinance before you are not needed. The Conservation Collier program is not broken, and we would ask you not to move forward with changing the ordinance at this time. One of our main concerns is the removal of language in the whereas clause on Page 2 which limits the use of Conservation Collier dollars. The Conservancy opposes the proposed change to open use of Conservation Collier funds to unknown outside purposes. Voters supported levying ad valorem property taxes for the express purpose of supporting conservation land acquisition and management. They expect Conservation Collier dollars to be used for this purpose. Though the ballot initiative has expired, we still believe any other use of these funds violates the public's trust. December 11, 2018 Page 233 In addition, the Conservancy hopes that in 2020 voters will pass a referendum which will limit the use of Conservation Collier dollars to conservation. In the interim, the proposed change is not only premature but may hamper public support for the conservation program. We also have questions about another proposed change on Page 2: Replacing reference to an ad valorem assessment with language stating lands will be purchased through a funding source to be determined by Collier County. And ad valorem tax has always been the heart of this program, and we plan to renew this funding method in a referendum in 2020. If there's another funding source contemplated to replace this source, we'd like that funding source to be identified and vetted before this ordinance change is made. During the last CCLAC meeting, one of the members raised a concern that this change may result in less funding for the Conservation Collier program, which the Conservancy would be opposed to. In general, we're concerned about moving away from ad valorem funding for the program without fully understanding the implications of the move. Finally, there's been much discussion about further prioritizing urban acquisitions. The Conservancy does not feel this is necessary. Half of Collier County's preserves are located within the urban area, and CCLAC members have stated they were able to prioritize urban acquisitions in their Cycle 9 list. The Conservancy believes CCLAC and the Commission already have the flexibility to prioritize urban parcels, and there's no reason to stray away from current acquisition goals which are consistent with the Conservation Collier mission and which focus on acquiring the most environmentally sensitive lands, wherever they may be. There's no need to fix what isn't broken, so at this time we ask December 11, 2018 Page 234 you not to move forward with the changes to the Conservation Collier ordinance. MR. MILLER: Your next and final speaker is Meredith Budd. MS. BUDD: Good evening. Meredith Budd on behalf of Florida Wildlife Federation. I will not take much of your time. Everything that Gladys articulated is something that the Federation is also in agreement with. I did provide you-all with a letter yesterday. I did send it relatively late, but I hope that you were able to receive it. The Federation has been involved in the CCLAC meetings over the past discussions with the changes, and most of the discussions are actually not reflected in the ordinance before you today, and we are happy about that. But there are still changes in there that we just believe are unnecessary, with the exception of the staff-recommended administrative changes and other staff-recommended changes. But my recommendations and thoughts were articulated in that letter, and I do hope that it is helpful in future discussions and in, perhaps, this discussion. If the inclination is to move forward today, perhaps we could continue it as opposed to approving it so we can look deeper at the exact changes being proposed here today. So I appreciate that. Thank you. COMMISSIONER SAUNDERS: I think all of -- all that we're doing today, if this passes, is simply moving to a public hearing where all of these changes can be considered. The problem with trying to go through these changes at 5:30 at night is just, you know, going to be difficult. So that's why I said, let's move this to the second reading. We'll have plenty of opportunity to go through each one of these. MS. BUDD: Understood. Thank you so much. CHAIRMAN SOLIS: Is that the last speaker? December 11, 2018 Page 235 MR. MILLER: Yes, sir. CHAIRMAN SOLIS: Commissioner McDaniel, you turned your light off. COMMISSIONER McDANIEL: Yeah, I did. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. I am concerned about a whereas that basically says there's other funding sources, if I'm not incorrect on that. I believe it's one of the first whereases in the ordinance. It kind of -- to me it weakens the whole effort of the Conservation Collier. I know we can discuss it at the second reading, but I think this needs to be fully vetted now, because the whole crux of Conservation Collier is that the people decide they want it, and they do it through ad valorem, and they're willing to assess themselves the money. And to say that there's other funding sources to do the same thing flies in the face of the reality of what we have. So to me, that's a whereas that doesn't -- is not appropriate. So I'm concerned about, sort of, the heart of everything, and I'd like to have a little bit of discussion, just a little, on that. And if it's the will of this commission to go forward, that's fine, too, with that in place. CHAIRMAN SOLIS: Okay. There's a motion, right, and a second? I think we need to vote on that, if we're going to move forward or not. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER TAYLOR: I'm opposed for reasons stated. December 11, 2018 Page 236 CHAIRMAN SOLIS: Okay. Thank you. MS. SULECKI: Thank you very much. MR. OCHS: Commissioners, before Alex departs, I did want to take the opportunity to thank her for her many years of dedicated public service to the organization. It's been a pleasure working with her and knowing her, and we wish her every great success in the future. She'll be retiring here within days, I believe, huh? MS. SULECKI: Yes. Thank you, Mr. Ochs. MR. OCHS: All right. Well, thank you very much, Alex. Appreciate it. (Applause.) MS. SULECKI: It's always been an honor working for the citizens of Collier County, and I appreciate the opportunity. Thank you. COMMISSIONER FIALA: Have a fun retirement. MS. SULECKI: Thank you. CHAIRMAN SOLIS: Yeah. Enjoy the outdoors. Item #11D RECOMMENDATION TO REVIEW AND APPROVE THE COUNTY’S DELIVERY PLAN FOR THE EXECUTION OF THE PROJECTS APPROVED BY THE BOARD AND A MAJORITY OF THE ELECTORATE TO BE FUNDED FROM THE PROCEEDS OF THE ONE-CENT INFRASTRUCTURE SURTAX (SALES TAX) WITH OVERSIGHT FROM A CITIZEN ADVISORY COMMITTEE – APPROVED; COUNTY ATTORNEY TO SEND APPLICANTS A LETTER CLARIFYING THE COMMITTEE’S DUTIES MR. OCHS: Commissioners, that moves us to Item 11D, and this is a recommendation to review and approve the staff's proposed December 11, 2018 Page 237 delivery plan for the execution of the projects approved by the Board and by a majority of the electorate to fund through the adoption of the one-cent infrastructure surtax with oversight from the Citizens' Advisory Committee. Mr. Casalanguida will take you quickly through the presentation. MR. CASALANGUIDA: Thank you, Mr. Manager. Commissioners, I'll be brief, but I'll cover all the points that are in the executive summary through the presentation. Commissioners, as you know, the sales tax passed, and we're in the process of the implementation phase. A lot of questions have come up. Sales tax collections begin on January 1st. We will not start to see revenue from the sales tax till about the third month or so. There are no agreements with the municipalities, so the distribution will be by formula. In the front page of the executive summary, I updated the Department of Revenue forecasts. We might be done in under seven years, maybe six depending on the update to the revenue slide that's there that was in the presentation, or at least in the executive summary. We went from about 70 million to about 81 million in forecast collections in each fiscal year based on the DOR forecast. We're planning to seat the committee and bring them in front of you in January. There are, right now, as of a couple days ago, 40 applicants that applied. Seven-member committee, one from each commission district, two at-large. And I know that Mark's office is working with the Clerk to set up a tracking system for the revenues coming in and the disbursements that are going to go out. Part of the organizational management structure, as it's laid out in front of you, has the oversight committee reporting directly to the Board working with a liaison from the Manager's Office and working through OMB with the different groups. Over the summer we worked with a new legislative requirement December 11, 2018 Page 238 that was put in last year with Office of Program Policy Analysis and Government Accountability, acronym OPPAGA. They hired an outside consulting firm to come forward and review the county. That firm looked at six different categories for the county: Economy, efficiency, and effectiveness; structure of design; methods of providing services and products; goals, objectives; adequacy of public documents and reports; and process for insurance compliance with policies. They worked with both the facilities team and the transportation team, and they passed in each one of those categories in two areas they wanted us to look at, which was in-sourcing and out-sourcing and better efficiency to the accounting. We're taking both of those up with the Productivity Committee. So I'm happy to report that OPPAGA found that we are very well qualified to deliver these projects. The way we're going to do this is very simple. They're in two categories: Transportation projects and facilities projects. As we normally do, a project manager will be assigned that will be overseen by a senior project manager and division director. The community projects will be a little different. We'll use something similar to the sports complex where we'll put together a delivery team. Those are those projects such as the mental-health facility, the workforce training center, because they're going to require a little bit more public input, as well as the sheriff's evidence building. Providing reports to the committee. The way it was structured in the ordinance, we will bring them the revenues -- well, actually, the expenses, what we plan to expend the money on. They, as written in the ordinance, will only validate that those expenses are compliant with the ballot language, compliant with the Florida Statute, and compliant with the definition of infrastructure that's there. I've provided for you in your package the handbook and the ballot language as well as the Florida Statutes section that refers to that. December 11, 2018 Page 239 We in the county have a Caps-Track program that we do quarterly. We meet on this fifth floor. All the project managers deliver project updates. We review budgets and timelines. These projects will be no different. They'll be added to that group, and that report will be put on the website and provided to the oversight committee. A project information report will be developed for each one of these. We have them already for most projects. They get into the design, construction, CEI, land acquisition. Anything that's involved in the project, it breaks it out in detail, and we would ask the committee to validate the expense, and the project would come to the Board like any other project does. In the executive summary, we would note if it's a sales tax project so you're well aware of it, and we'll note that the committee has seen the project and brought it forward. Each one, obviously, will have a schedule and a milestone as well, too. We put together a seven-year tentative project delivery chart, and the categories of the projects in blue are transportation. They'll be handled through GMD. Many, if not all -- there's a few projects that still need to be touched, but are in progress in one way or another. Vanderbilt Beach Road is the best example. We'll use January 1st as the delivery date and beginning of any expenditure dollar amount. So if an activity has taken place after January 1st of 2019, we'll count that as eligible, we'll place the expenditure in front of the committee, have them validate it and bring it in front of you for final review and approval. The orange projects are facilities projects, and then the yellow projects are the community projects, and, obviously, those will be treated a little bit differently as well. Project prioritization. Obviously, first is health, safety, and welfare; second is condition of asset and cost of ongoing maintenance; and third is market conditions and availability of funds. December 11, 2018 Page 240 And I want to stress that, because we've got plenty of time, but we're not going to, you know, dillydally with these projects. The last thing we want to do is flood the market with projects. As I put out in the executive summary, and Commissioner Saunders rightfully pointed out, we're in the ninth year of an expansion. This chart is from Turner Building Cost Index, and we've got 1.5 percent inflation every quarter since 2014. We expect that to level out. We will have some projects that must go out in '19 and some that must go out in '20, but we will get these projects ready to go and try and time some of these projects to be efficient in the market either by grouping them or waiting, depending on where the market is. A lot of budget considerations that are involved in this as well, too. Mark and I have spent quite a bit of time with the Manager discussing it, and I'll have Mark talk a little bit through these slides. MR. ISACKSON: Thanks, Nick. Commissioners, Mark Isackson, the Office of Management and Budget. I take no ownership in the $81 million estimate that the State's put out for sales tax collection, just for the record. We'll wait to see what happens with that. As Nick mentioned, we're working with the Clerk's Office, but you can rest assured that there will at least be a separate fund and capital accounting structure set up to capture all of the expenditures for the various capital projects that are in this list. The executive summary talked about the use of gap financing, depending upon project timing and sales tax revenue streams. We can talk a little bit more about that, obviously as we get into this process, but that is available in case projects are ready -- willing and ready to go but yet our revenue streams aren't quite there yet. There's an option for the Board to consider as we get into it. I want to point out that the sales tax simply reduces a level of December 11, 2018 Page 241 capital finance required to fund the priority infrastructure improvements. It doesn't eliminate it. What do we have there, Nick? Where's the page up? Thanks. Capital financing. Outside the sales tax umbrella includes our stormwater infrastructure, the Public Utilities northeast expansion project, and a lot of our road network improvements. Our operation and maintenance obligations will continue: Stormwater, parks, landscaping, and general governmental. And that's it. Nick and I are available for questions. MR. CASALANGUIDA: One other thing, Commissioners. I think you -- just for clarification. Some questions came up. You authorized the staff about $100,000 to do public education, and I want to put education in quotes. We only spent $30,000 on the website, and we had five public meetings. The rest of the money's still sitting in the account. I think we've spent $8,000 for a mandatory TRIM notice. So out of the 100,000 that you've let us spend, it was only for the website and five public meetings. MR. OCHS: Yes. There was some concern out there that county dollars were going to some advocacy campaign with signage and those kinds of things. That is not true. MR. CASALANGUIDA: That's it. I think we've got a good plan, a good team. We passed the audit report, and we're ready to begin the delivery process, Commissioners. CHAIRMAN SOLIS: Very good. COMMISSIONER TAYLOR: Well constructed. COMMISSIONER SAUNDERS: Do you need a motion to approve the plan? CHAIRMAN SOLIS: We have a couple of public speakers. Public speakers? MR. MILLER: Yes, sir. We have four speakers. Everyone has December 11, 2018 Page 242 ceded time to one speaker, Steven Bracci, who has been ceded time from Dr. Joseph Doyle, Sandy Doyle, who are both present, and William R. Tolp, who is also present, for a total of 12 minutes. Give me just a second, sir. I'll bring your presentation up for you. MR. BRACCI: Thank you. Good evening, Commissioners. My name is Steve Bracci. I'm here on my own behalf. I'm a local attorney as well. The premise of tonight, this agenda item, is that the county has requisite authority to enact the sales tax come January 1. And this may sound preposterous and inflammatory, but I'm proposing to you that the county presently does not have the authority to enact the tax. In order to substantiate this, I've prepared a PowerPoint presentation because, again, I recognize, you know, the issue here. But again, the timing isn't really ours, and I think if you give me a chance to walk through this, you'll understand that -- you know, what I have to say. This is titled, by what authority -- "By What Taxing Authority the BCC Lacks Authority to Implement The One-Cent Sales Surtax." Starting point is Florida's constitution. And Commissioner -- Chair Solis earlier tonight said, correctly, that you guys have all sworn an oath to uphold the constitution, and we also heard tonight the Commission's talk about making sure that we have requisite authority as a county commission to do things. For instance, run the accelerator. Well, that same mindset applies in spades when you're going to enact a $500 million sales tax upon the people. CHAIRMAN SOLIS: Sir, can I just ask a question? MR. BRACCI: Yes. CHAIRMAN SOLIS: It's almost 6 o'clock. Is your presentation related to what staff has presented and asked us to consider in terms of December 11, 2018 Page 243 the prioritization of these projects, or is what you're going to explain a legal challenge as to why we shouldn't impose the sales tax? Because I don't know that any of us are interested in hearing that. MR. BRACCI: Well, I'm looking at -- for one, I think under 286.0114, I have a statutory entitlement to speak. CHAIRMAN SOLIS: Well, I'm asking a question. MR. BRACCI: And on the agenda item here it says, a recommendation to review and approve the county's delivery plan for the execution of the projects, the projects approved by the Board, and a majority of the electorate to be funded from the proceeds of the one-cent infrastructure surtax. So I'm challenging the premise, the very premise of the words that are before you that -- whether or not you have the authority to approve the delivery plan and that -- the underlying premise is whether you have the authority to tax. So it's directly related to this agenda item. COMMISSIONER FIALA: But didn't we already vote it in? CHAIRMAN SOLIS: We've already voted to put it on the -- I mean, if this is a -- MR. BRACCI: You did. Commissioner Solis -- CHAIRMAN SOLIS: -- legal challenge -- excuse me. Wait a minute. MR. BRACCI: Sure. CHAIRMAN SOLIS: I mean, if this is a legal challenge to the sales tax, then I don't know that this is the right place for that. And I understand you have a right to speak. I just -- I hope you're going to keep your comments related to the delivery plan, not whether or not we could have properly enacted, through a referendum of the voters, the sales tax. MR. BRACCI: I'm -- I think I pointed out that I'm challenging the premise of this agenda item; that you have the authority and that -- December 11, 2018 Page 244 it says here, majority of the electorate -- approved by the Board and a majority of the electorate to be funded. I'm saying that that didn't happen. So I don't see how, from a legal standpoint, you can say that my comments, all of them, aren't directly relevant to the agenda item. I'll try to be as quick as possible, understanding that I've had several minutes here that were taken kind of going back and forth that really weren't -- CHAIRMAN SOLIS: Go ahead. MR. MITCHELL: The clock was paused each time the chairman interrupted you, sir. MR. BRACCI: Okay. So the starting point is the Florida Constitution, Article 7, Section 1, on taxation. Now, that's a really long constitutional provision, but the very first sentence is, no tax shall be levied except in pursuance of law. So, okay, what does that mean? The Florida Supreme Court has told us what that means. The word "law" means a statute adopted by both houses of the legislature. So when you guys enacted your sales tax ordinance earlier this year, you did it under Section 212.055 Florida Statutes. The beginning of that statute specifically says, "It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section. Each enactment shall specify the procedure which must be followed to secure voter approval." So it talks about the fact that you have to follow this subsection of 212.055. So let's go to the next slide. That subsection here is Subsection 2, titled "Local Government Infrastructure Surtax." It's kind of a long statute. It basically says that you have to give a brief statement of why you want the tax, and then the very end of it says, the following question shall be placed on the ballot for the X-cent sales tax December 11, 2018 Page 245 or against the X-cent sales tax. This is the statutory language. The Board of County Commissioners, earlier this year, did it right. You guys got it correct when you enacted your Ordinance 2018-21. You -- an this is pulled directly from your ordinance that you guys passed as to what would go on the ballot. And it follows the requirement, and it says at the end that the question to be posed to the Collier County electorate is whether it's for the one-cent sales tax or against the one-cent sales tax. And, in fact, you, as a commission, when you made this policy, actually bolded the words "for or against." Now, this is the actual ballot referendum. It's exactly the same as your ordinance, but it doesn't pose the "for or against the sales tax" question. It just says, yes or no. That was the question posed to the electorate after a long verbose referendum question with the sales tax language at the very end. So, what happened? Well, there was a narrow passage: 50.87, yes; 49.13, no. So, essentially, a one-point swing would have changed the outcome entirely. The legislature required clarity on the sales surtax question; for a tax or against a tax. Instead, you guys said yes or no, or you didn't say it. The ballot said yes or no. So what does yes mean? Does yes mean that the electorate was in favor of the projects that were desired, or does it mean, yes, it's in favor of the tax? One thing's for sure: 0 percent of the Collier County electorate have voted for or against a sales tax as specifically required by the Florida legislature. The Florida Attorney General has opined on Subsection 2, the same subsection, and in it it says -- it specifically says back in the 2001 advisory opinion, Subsection 2 of the statute authorized counties to levy a local government infrastructure surtax under precisely defined December 11, 2018 Page 246 conditions. These conditions prescribe the procedure to be followed for approving the taxes. The Supreme -- Florida Supreme Court has also looked at this -- has also talked generally about taxation, and it says, "It is a fundamental rule of construction that tax laws are to be construed strongly in favor of the taxpayer and against the government and that all ambiguities or doubt are to be resolved in favor of the taxpayer. This salutary principle is found in the reason that the duty to pay taxes, while necessary to the business of the sovereign, is still a duty of pure statutory creation, and taxes may be collected only within the clear definite boundaries recited by statute." So what were the clear definite boundaries recited by the statute? There had to be a vote posed to the electorate of Collier County whether you're for the one-cent sales tax or against the one-cent sales tax, not yes or no. The conclusion is that the Board of County Commissioners has no authority to enact this surtax. The for or against the one-cent sales tax question has not been posed to the electorate. That was a condition precedent to you as an agency having taxing authority. That condition was not met. You did not follow your statute, and you did not follow your own commission ordinance. So what do you do? These are just suggestions. I can't convince you guys you're right or wrong. Either you have the authority or you don't. I can give you my opinion. You guys can have your opinion. I'm not here to convince you, but I'm here to inform you. One thing you can do is request an advisory opinion from the Florida Attorney General. Conscientious government attorneys and boards do this all the time. In fact, I quoted one from earlier. Ask the Attorney General, did we do it right? Was the yes-or-no language sufficient? Because, guys, think about what happens if you're wrong. You're going to put -- you're going to make all these commitments, December 11, 2018 Page 247 binding commitments, contracts to third parties? What if one of -- what if that gets challenged? What if you don't have that authority and you've made these binding commitments? I would suggest you might hold off on any commitments that depend upon sales tax revenue until your question's answered or, alternatively, I would suggest that the County Commission implement its funding Plan B. I mean, obviously, there was a pretty significant question as to whether this was going to pass. There's a lot of articles being written about the surprise that the electorate passed this. So, certainly, this Commission has a Plan B to fund those projects, which I'm not saying aren't necessary. But what I'm saying is, guys, I don't think that you followed the statutory requirement to vest upon yourself to enact the one-cent surtax in which case, circling back to the agenda item, I don't see how you can approve these projects and implement this until this question and this cloud is clarified. Thank you for your time. MR. MITCHELL: That was your only speaker, sir. CHAIRMAN SOLIS: Only speaker. Commissioner Fiala? COMMISSIONER FIALA: I've forgotten what I was going to say anymore. Just -- CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER SAUNDERS: Was there a motion to -- CHAIRMAN SOLIS: Was there a motion? I think there was, but then -- no motion yet? MR. OCHS: No. There was no motion to accept the delivery -- COMMISSIONER FIALA: Oh, I remember what I was going to say. Wait a minute. I just wanted to know, in the body of this under fiscal impact, it said something about economic development obligation associated with CRAs, and I didn't know what that meant. MR. CASALANGUIDA: I think Mark was -- Mark's here. I'll December 11, 2018 Page 248 let him explain it, but I think he was talking about obligations outside the sales tax. Mr. Isackson. COMMISSIONER FIALA: Oh, okay. MR. ISACKSON: Commissioner, I was simply referring to the continuing obligations that you're going to have, and it really is going to come to the forefront when you get your budget policy in February. I just wanted to give you an advance preview of some of the items that are coming up. That's all. COMMISSIONER FIALA: Oh, okay. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. Well, I know on that note, that wasn't the first time that I've heard Mr. Bracci's presentation, and I'd like to ask the County Attorney with regard to what his interpretation is and whether or not we fulfilled the statute and are within the guise to enact the tax or should take precautionary action. MR. KLATZKOW: All right. Short story is that we were aware of the discrepancy, contacted the Supervisor of Elections who informed us her software did not allow for the "for" or "against." It was physically impossible, which is why it was yes and no. We are not the only county to have had this issue, because that software is fairly standard in the industry, because the software goes with the voting machines, which are also fairly standard in the industry. It was an impossibility because of the computer software for the Supervisor of Election to comply with the Board's ordinance. Simple as that. As far as the challenge goes, my understanding is that you've got 10 days after the certification of the results to challenge an item such as this, and that time has passed. And so I'm not concerned about any ramifications at this point in time. If there were any true beliefs that this was improperly passed, a lawsuit should have been timely commenced, and I don't believe it December 11, 2018 Page 249 was. COMMISSIONER McDANIEL: Number two, I might make a suggestion on the project list. There was a delineation early on of the project list of the estimated expenses associated with those projects, and I'd like that to be carried forward in this information along with those project lists. It wasn't in the information that I had, and I just want to make sure that we're -- that's going to give us a base -- give me a baseline as to how we're going to be moving forward. And, you know, some of the discussions with the general public folks that have come out with it that have expressed interest in serving on this advisory committee just assisting with the baseline on those estimated expenses, I'd like to see that. MR. CASALANGUIDA: It was in the backup, sir. It was a little hidden in one of the backups, the ordinances. The Schedule A that we showed, it was on the website. I have it here if you want to put it on the viewer. You want to see it? COMMISSIONER McDANIEL: No, I don't need to see it now. I just -- when I was reviewing it, I didn't see it. So I'm looking at my notes here from when I was looking at it. And the third is the bridge projects that are on this list. I have said from the beginning I do not want to use the 2006 East of 951 Horizon study committees that I chaired in 2006's analysis with regard to those bridges. I would like to reengage the community again before we go forward with that, please. I just want to make that as clear as possible. Because we're operating on that bridge study. You and I did that in 2006 when you were a lowly transportation department guy. MR. CASALANGUIDA: I'm still a lowly transportation guy. COMMISSIONER McDANIEL: So there's an entire -- there's a reason why they do census information on 10-year basis, and we're 12 years past that time frame. And I think it's sorely warranted. There December 11, 2018 Page 250 were things -- there are things that have occurred subsequent to that that we didn't even think of back then. So as a footnote. MR. CASALANGUIDA: All right. MR. OCHS: Mr. Chairman, we're looking for a motion and a second to approve the delivery plan -- CHAIRMAN SOLIS: Okay. Commissioner Saunders, you -- MR. OCHS: -- if possible. COMMISSIONER SAUNDERS: I was just going to make the motion to move forward. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? COMMISSIONER FIALA: Just a question. Gosh, just like that it went. Oh, talking about the committee that we're forming, did you give us the name of all of the -- I'm getting a lot of applicants. I'm sure you all are. Do you give us all the names, and then -- MR. KLATZKOW: We're coming back, I believe, the next meeting, and you've got a lot of very qualified people. COMMISSIONER FIALA: Yeah. MR. KLATZKOW: You're going to have a difficult job, Commissioners. COMMISSIONER FIALA: So you'll have to tell us what we can do with that list then so we -- MR. KLATZKOW: You get to appoint from your district. COMMISSIONER McDANIEL: One per district -- COMMISSIONER TAYLOR: At our next -- COMMISSIONER McDANIEL: -- appointed, and then two at large. COMMISSIONER TAYLOR: Our next meeting we do the appointments? MR. KLATZKOW: I believe that's the County Manager's plan. December 11, 2018 Page 251 MR. CASALANGUIDA: That's the meeting. COMMISSIONER TAYLOR: So can you give us some guidance, then? I mean, I'm sorry, but this is -- MR. KLATZKOW: Yes. COMMISSIONER TAYLOR: -- huge. Will you give some guidance -- COMMISSIONER McDANIEL: Did you close the time frame for the list or for applicants? MR. KLATZKOW: No, we're still taking applicants. We'll take applicants for another couple of weeks anyway. CHAIRMAN SOLIS: Can I make a suggestion? Because I've had a couple discussions with people that have put their name in. And I think there is a lot of misunderstanding as to what this committee's going to do. I mean, I think some people that are applying that I've talked to are of the understanding that they're going to be involved until the oversight of the construction of some of these projects. MR. OCHS: No, sir. CHAIRMAN SOLIS: No, I'm just telling you that there's -- or the financing, the details of the financing. COMMISSIONER McDANIEL: Or the prioritization of the projects. CHAIRMAN SOLIS: Right. And I think there's -- so I don't know if there's a way of writing something up and sending it to the people -- because I've talked to a couple people. And when I said, you know, I don't think -- that's not what this committee's going to do, they went, oh, well, then I don't want to -- COMMISSIONER TAYLOR: Yeah. CHAIRMAN SOLIS: -- you know, I don't want to do it. COMMISSIONER TAYLOR: That's what I mean. MR. OCHS: The Board spelled it out fairly clearly in the ordinances that you -- December 11, 2018 Page 252 COMMISSIONER TAYLOR: No, no. You need to spell it out outside of the ordinance in a letter. This is -- this is what we're doing, this is what we've done, and this is what this committee's -- CHAIRMAN SOLIS: I think it would be helpful. And I'm not trying to make work, but I think we might end up with a shorter list, number one, and two, we might end up with people on the committee that when they realize what it's really going to do, are going to go, well, I thought we were going to do more than that; that's why I have a Ph.D. in finance. MR. KLATZKOW: I would be happy to send each applicant a copy of the ordinance with a quick email saying, you know, we understand you may think -- we thank you for your application. CHAIRMAN SOLIS: Just to clarify. MR. KLATZKOW: We've had some people who are slightly confused about the scope of the committee. Please review the ordinance and make sure that you really want to do this. If you don't, let us know. CHAIRMAN SOLIS: And if you have any questions, please ask. MR. KLATZKOW: I'd be happy to get that out. CHAIRMAN SOLIS: I think it might significantly reduce the number of people that are wanting to be on it. COMMISSIONER FIALA: I agree. COMMISSIONER McDANIEL: Well -- and just as footnote, I'd like to have the list -- I'd like to have the list of applicants given to each one of us for -- because we have to make an appointment per district, and then we've got to vote on two at large, if I'm not mistaken. MR. KLATZKOW: Well, you'll have the full information. We just -- COMMISSIONER McDANIEL: Sooner than later. MR. KLATZKOW: Well, your next meeting. COMMISSIONER TAYLOR: No, no, for us to review in December 11, 2018 Page 253 advance. MR. OCHS: Commissioner, you -- yeah, not to belabor this, but to your point, sir, we talked about this. Jeff, are they actual appointments, or do they need majority vote of the Board for -- MR. KLATZKOW: Oh, no. It's always majority vote. MR. OCHS: Unlike the Plan Commission where you just appoint your district representative, the full board is going to have to vote on each one. COMMISSIONER McDANIEL: All seven, then? MR. OCHS: Yes, sir. COMMISSIONER TAYLOR: But, again, I go back to, are there salient qualities of these applicants that need to be underlined? I know this is kind of thin ice to walk on, but financial experience in managing construction projects -- MR. CASALANGUIDA: No, ma'am. The way we wrote the ordinance and the way we laid it out is they validate the expense. There is the four corners of the ordinance that you have that says the ballot language. In other words, does the project comply with the ballot language under that list? The Florida Statute, that specific section, defines what infrastructure is in terms of being five-year useful life. So they would validate that that expense meets that language, that Florida Statute language. But they wouldn't get into, well, I think there should be two driveways or the building should be -- you bring them a project -- COMMISSIONER TAYLOR: You should have done it another way. I don't believe this validates the expense. MR. CASALANGUIDA: Yeah, that's not -- the question we will have is -- COMMISSIONER TAYLOR: There's a lot of misunderstanding out there. COMMISSIONER McDANIEL: There really is. December 11, 2018 Page 254 CHAIRMAN SOLIS: I think there is. COMMISSIONER TAYLOR: A lot. And even if you give them the ordinance, you know, I don't know about -- but I think there needs to be a letter in addition to. COMMISSIONER FIALA: I think that's a good idea, yeah, so that we are well versed also, even when people talk to us, because I don't remember what all -- MR. OCHS: We'll work with the County Attorney and draft that letter, get it out to all the applicants, try to refine what the requirements are. COMMISSIONER TAYLOR: Maybe talk about what it is that this committee will not do. I know it's a negative way, but -- CHAIRMAN SOLIS: Yeah. COMMISSIONER TAYLOR: -- this is not going to be to do this or this or this or this. COMMISSIONER FIALA: And then by sending it to our offices, our aides, if anybody calls in, they have an idea of what to tell them. COMMISSIONER TAYLOR: Oh, that would be -- MR. KLATZKOW: I will give you a list of everybody we've had apply, and the County Manager and I will work on what you've asked for. CHAIRMAN SOLIS: I think I -- personally, I think I've talked to four people that, when I went through with them, they said, oh, well, wait a minute. That's not -- I thought it was going to be more -- MR. KLATZKOW: It's an oversight committee. CHAIRMAN SOLIS: Okay. I think that's good. So there's a motion and a second? COMMISSIONER TAYLOR: Yeah. CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. December 11, 2018 Page 255 COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved unanimously. MR. OCHS: Thank you, Commissioners. Item #11F RECOMMENDATION TO ACCEPT OR REJECT BIDS RECEIVED FOR COUNTY-OWNED SURPLUS LANDS ADVERTISED PURSUANT TO THE PROVISIONS OF SECTION 125.379, FLORIDA STATUTES AND DIRECT STAFF TO TAKE APPROPRIATE ACTIONS BASED ON BOARD DIRECTION – MOTION TO ACCEPT BID FOR MINGO DRIVE AND REJECT BID FOR LIVINGSTON WOODS SITE – APPROVED That takes us to Item 11F. This is a recommendation to accept or reject bids received for county-owned surplus lands advertised pursuant to provisions of Florida Statutes, and direct staff to take appropriate actions. COMMISSIONER SAUNDERS: Mr. Ochs, is your recommendation to approve the bids? MR. OCHS: My recommendation is to accept the bid on the Mingo property but to reject the bid from -- help me with the address, Toni -- on the one at Livingston Woods. COMMISSIONER SAUNDERS: I'll make that motion. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Okay. I just want to make a December 11, 2018 Page 256 comment. This I talked to you about in my office already. And one of the things -- I don't know if it's on the Mingo property or which one it is. No, it isn't. It's on the Livingston Woods. It says in here "permanent affordable." It should remain permanent affordable. We talked about that. MR. OCHS: Yes, ma'am. That's the requirement in this provision of the statute. The staff is recommending that you reject the offer for that property on Livingston Woods. COMMISSIONER FIALA: But on further ones, if we're going to do it -- you know, affordable housing, after 15 years, really looks bad, and if you -- if it has to remain permanent, I don't know what that would do to the rest of the neighborhood as it continues to decline in appearance and how much that -- how that would affect the other neighbors and their property values. So maybe they can address that or check with whoever makes up these laws to say, we don't really thing permanent is good, because it could sit there 60 years permanently. CHAIRMAN SOLIS: That's a statutory requirement. MR. OCHS: Yes, but what happens is the staff brings you, periodically -- I think this list came to you back in 2017, and you decide whether or not these items or this inventory of properties that you own you want to make eligible for consideration for sale under this provision of the statute, which has to do with preserving them for affordable housing or selling them at the bid price and using the proceeds and put that into your trust fund. We're suggesting that you sell the one on Mingo and use those proceeds for your affordable housing program and reject the bid in Livingston Woods. COMMISSIONER FIALA: I'm not talking about these in particular. MR. OCHS: Yes, ma'am. You're talking about changing the December 11, 2018 Page 257 statute. COMMISSIONER FIALA: Or even if there's a way to modify, just so that neighbors -- I mean, these are pretty nice neighborhoods, and you just don't want the affordable housing thing to stay in there and decline and affect everybody else's property values. MR. OCHS: Yes. COMMISSIONER FIALA: If you can't change it, well, then, I just wanted to bring it up. MR. OCHS: I think the thing to do is have that discussion at the time we bring you the proposed list of properties for consideration for sale under these terms. COMMISSIONER FIALA: Maybe in the meantime they can start looking it up a little bit. MR. OCHS: Okay. COMMISSIONER FIALA: Just to get that registered with other communities as well. MR. OCHS: Will do. COMMISSIONER FIALA: Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I just would like to know about more information on comparable sales within the area for surrounding parcels. And then who developed the two scenarios to offer these properties up for sale? MS. MOTT: The three scenarios -- COMMISSIONER McDANIEL: Well, there was three, and then we ended up with two. MS. MOTT: Sorry. Toni Mott, real property, for the record. COMMISSIONER McDANIEL: Hey, Toni, 30-year employee, plus. MS. MOTT: Florida Statute governs how we advertise these properties. They had been vetted internally. They had been put on a December 11, 2018 Page 258 surplus list. The Board approved/reaffirmed us advertising and selling them. So the three scenarios were actually developed right from the way that the Florida Statute reads. And, yes, we only did receive bids on two of the scenarios. COMMISSIONER FIALA: But, Toni, is there a way to check with somebody to see, for future, that -- is there a definition for permanent maybe or something? Because 15 years, and it doesn't look very good anymore. MS. MOTT: Well, per the statute, they need to remain in perpetuity, so it's forever. It has to be affordable forever, the way that the statute was written. COMMISSIONER FIALA: I ought to take you on a little tour. COMMISSIONER McDANIEL: And, you know, in that light, it is a long time, but it's also a part of the answer that we've been talking about with the 15-year density bonus program that we allow for affordable housing and how that rolls off, and developers actually plan on that. They're planning for 15 years, and we actually, I think, extended it to 30 years. And I had made a suggestion that we start to do in perpetuity with regard to those bonus programs just to not have the community issue, because real estate property values go up, construction costs go up -- COMMISSIONER FIALA: Yeah, but take a look at -- COMMISSIONER McDANIEL: -- cost of living goes up. COMMISSIONER FIALA: -- Naples Manor. COMMISSIONER McDANIEL: I'm with you. I'm not disagreeing with what you're saying. COMMISSIONER FIALA: Yeah. COMMISSIONER McDANIEL: And maybe there's some other -- and we've had discussions about that -- other things we can do with regard to -- I don't want to get down a different rabbit hole. December 11, 2018 Page 259 COMMISSIONER FIALA: Yeah, because this is a whole different thing. I just wanted to see what we could do about future sales, because we want to keep our community looking nice. CHAIRMAN SOLIS: Sure. It's a different subject for a different agenda. MR. OCHS: Yeah. You-all ultimately control what property you declare a surplus and what you want to sell and what you don't. CHAIRMAN SOLIS: Very good. COMMISSIONER FIALA: I don't mean to malign Naples Manor; don't get me wrong. It's just that -- COMMISSIONER McDANIEL: It's actually doing quite well, so... CHAIRMAN SOLIS: There's a motion and a second to approve the sale of one and reject the other. COMMISSIONER FIALA: Yes. Motion to approve. CHAIRMAN SOLIS: Yes. There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved unanimously. MR. OCHS: Thank you, Commissioners. Item #11G RECOMMENDATION TO AWARD CONTRACT NUMBER 18- 7469, CEI SERVICES FOR BIG CORKSCREW ISLAND December 11, 2018 Page 260 REGIONAL PARK, TO WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC., IN THE AMOUNT OF $1,932,314 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT – APPROVED That takes us to Item 11G. This is a recommendation to award a contract for construction engineering and inspection services for the Big Corkscrew Island Regional Park to Wood Environment and Infrastructure Solutions, Inc., in the amount of $1,932,314 and authorize the Chairman to execute the agreement. COMMISSIONER McDANIEL: Move for approval. COMMISSIONER FIALA: Second. 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. MS. BISHOP: Thank you. Item #11H RECOMMENDATION TO AWARD INVITATION TO BID NO. 18- 7305, “MASTER PUMP STATION 306” (PROJECT NUMBER 70237), TO PWC JOINT VENTURE LLC, IN THE AMOUNT OF $10,719,008, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – APPROVED December 11, 2018 Page 261 MR. OCHS: Item 11H is a recommendation to award the bid for the Master Pump Station 306 Project, PWC Joint Venture, LLC, in the amount of $10,719,008 and authorize the necessary budget amendments. Mr. Chmelik -- COMMISSIONER FIALA: Tom, I took a look at the pictures you sent over, and that really answered my questions. I thank you for that. So I make a motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. CHMELIK: Commissioners, thank you. COMMISSIONER FIALA: Good presentation. CHAIRMAN SOLIS: Almost there. Item #11I RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT DATED JUNE 26, 2018 BY AND BETWEEN COLLIER COUNTY AND THE CITY OF EVERGLADES CITY TO CLARIFY THE COLLECTION AND DISTRIBUTION OF BUILDING PERMIT AND RELATED FEES UNDER THE INTERLOCAL AGREEMENT – APPROVED December 11, 2018 Page 262 MR. OCHS: That moves us to Item 11I. This is a recommendation to approve the first amendment to the interlocal agreement between the Board and the City of Everglades to clarify the collection and distribution of building permit and related fees under the existing interlocal agreement. Mr. Kovensky can give a report or respond to questions. COMMISSIONER McDANIEL: I can move for approval. MR. OCHS: Yes, sir. COMMISSIONER FIALA: I can second it. MR. OCHS: Yes. CHAIRMAN SOLIS: 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. MR. OCHS: Good job, Ken. COMMISSIONER McDANIEL: Another great report. MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: And I want to thank staff, before they go away, with regard to what you are doing in Everglades City. It's been a huge assistance with the residents down there. That continuity with our government's involvement assisting them with their permitting and zoning and the like, it's been amazing. COMMISSIONER FIALA: It really has, kind of like Goodland. You guys stepped in and kind of saved a community, and here's another one. That's really great. December 11, 2018 Page 263 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that takes us to Item 15, staff and commission general communications. Just a reminder, you've got a busy early 2019 workshop schedule in front of you. Those are the dates and the times. We've coordinated, I believe, all those with your aides and the calendar. COMMISSIONER FIALA: Oh, good. MR. OCHS: Okay. And other than that, that's all I have. Wish you all a great holiday season since we won't see you officially, although I'm sure we'll see you before the break. CHAIRMAN SOLIS: County Attorney? MR. KLATZKOW: Merry Christmas to all. CHAIRMAN SOLIS: Madam Clerk? THE CLERK: Ditto. Merry Christmas to all. COMMISSIONER FIALA: Troy said it, too, right? MR. MILLER: Merry Christmas. COMMISSIONER McDANIEL: I have a happy -- while he's sitting over there trying to hide, I had a meeting with staff last week with regard to the Big Corkscrew Regional Park, and I had my parks and rec folk there, and I learned that they were charging the residents of Immokalee to attend the Christmas gala at the park after our Immokalee Christmas parade on Saturday night, and I think it happened on Thursday. It must have been on Thursday. And Dan happened to be in the room, and I was chirping to the staff about -- because it's a mess, really. They charge everybody a dollar a person to get into that park to attend the Christmas festival, see Santa Claus, do the thing. It's a mess. It's a mess for staff to account December 11, 2018 Page 264 for and everything else, and I was chirping about the expense and why are we even doing that. And I was actually going to make Parks and Rec bring me a breakdown of what the expenses are so I can get the dang fees waived. And Dan leaned over and said, how much do you need? And Berry said 5,000. He said, when have you got to have it by? Pretty soon. He goes, give me till this afternoon, 4. And so I never heard any more. And so I go do the thing, get in the parade, and I'm riding in the parade, and waving and doing my thing, and Estel Lome (phonetic), my driver, said, yeah, we had a late customer to the contributions side, and -- the Waste Vision -- Waste -- Dan, the name? I don't want to mispronounce the subcontractor. MR. RODRIGUEZ: Waste Connections. COMMISSIONER McDANIEL: Waste Connections subcontractor for Waste Management that does our trash collections in Immokalee, through some assistance with Mr. Rodriguez, stepped up and made the contribution and allowed for our residents to attend at no charge. COMMISSIONER FIALA: That was nice. COMMISSIONER McDANIEL: So, yay. Thank you. MR. RODRIGUEZ: Thank you, Commissioner. And, actually, it was Jim Wheatly. He's the general manager for Waste Connections. They've always been involved in the Immokalee community for the last six years, so -- COMMISSIONER McDANIEL: Absolutely. Thank you very much. I appreciate that. That's a happy. I just wanted to say. COMMISSIONER FIALA: That was good. COMMISSIONER McDANIEL: Yes, it was. And Merry Christmas to you-all. December 11, 2018 Page 265 COMMISSIONER FIALA: That's a nice Christmas message. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: I have a bunch of them, but I'll try and make this real, real simple. The CRA that we were talking about earlier -- well, I talked with Leo about this already -- it was on here, and it was talking about a little bit -- it's a CRA. And I thought, you know, we're trying in this CRA over on Bayshore, trying to really increase it and improve it. And we've had a great -- what do they call that, it's not a planner -- planner working with us, but he's not like Andre Stuanna (phonetic). And Penny just brought him up recently again. The marvelous stuff he did when he went in there. They hired a planner who had a vision for what it could look like, not how the infrastructure could be. And so I was talking to these guys, and I said, I think it would be wonderful if we had him step in and take a real good look at the Bayshore/Thomasson Road CRA and see what it could -- and the whole Bayshore CRA and see what it could look like. With his vision, I think it would be wonderful, so -- but I couldn't talk to Penny on a private note, so I have to ask her over here. I just -- that was prompted from what you had said, you know. So I think that's a great idea. So I'm going to talk to the CRA people, or you can talk to the CRA people, but I think we need that little spark. That's number one. Number two, the median landscaping, it's -- we have beautiful median landscaping except for one -- two little areas, and they're both in East Naples. And I was wondering if Leo would take a look at -- or Nick, whoever wants to, take a look at that median landscaping and see if maybe the firm that we hired who doesn't seem to enjoy that and they don't seem to come to work, I've heard from our staff, could they take another look at it, and maybe get it to look like all the other median landscaping. That would really be great. That's the second December 11, 2018 Page 266 one. And the third one is -- and I'm sorry that what's-his-name left, but in the Affordable Housing Committee, they've got four openings on their committee -- their Affordable Housing Advisory Board, and they've been open for a while. And I was wondering if -- I don't know why they keep overlooking them, but let's just take them so we fill out that committee rather than have four empty spots on there. Is there a reason -- we could -- they could give them to us, and we can decide. But I don't see -- you know, part of the public wants to submit their applications, let's take them. MR. OCHS: Yes, ma'am. I'll get after that. COMMISSIONER FIALA: Okay. That's it. No, it isn't it. Merry Christmas. Merry Christmas to everyone. I hope you-all have a wonderful holiday. I'm baking cookies next week for some people, so... COMMISSIONER McDANIEL: You need my address? COMMISSIONER FIALA: Huh? No. I'm going to deliver them to -- so if you happen to drop by, they will be here, too. Thank you very much everyone, and enjoy your family. That's so important. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: We are going to be discussing, I believe, in January, February -- and I have to be very correct, but our pollution ordinance. And in the conversation with staff, the advantage we have as a county that hasn't been put under a basin management plan was brought forward, as Lee County has a basin management plan. And the cost to Lee County is about a quarter -- $25 million additional for the cost of not taking care of pollution. So I was -- I would like to ask our representative to the Productivity Committee if the Productivity Committee could take a study on if we don't handle the pollution what is it going to cost us? December 11, 2018 Page 267 So really to do maybe an examination of what Lee County was through, what they didn't do, and the cost. So it would be an examination of it to help us in our decision-making. Because, you know, it may cost a little bit more money, but as the water bodies in Collier County are not getting any better -- in fact, I've been told by staff they're going the other way, we are -- it's incumbent upon us to be careful with taxpayers' money. COMMISSIONER McDANIEL: I think that's prudent, and I'd be happy to, you know, do that and bring back a report or -- you know, and remember that we specifically designated the Productivity Committee to be working with our staff with regard to the stormwater utility. MR. OCHS: Stormwater utility. COMMISSIONER McDANIEL: Thank you. I was going to say the t-a-x word, and I didn't want to say that outlawed. So that's all that came to me. COMMISSIONER FIALA: T-a-x. COMMISSIONER McDANIEL: But I'll be happy to ask them if they would -- because it's a fairly short fuse on the stormwater utility. COMMISSIONER TAYLOR: Well -- and it dovetails -- COMMISSIONER McDANIEL: Kind of sort of lines right up in a long line. So I'd be happy to bring -- and let you know in January if they're interested. COMMISSIONER TAYLOR: And I'd like to wish everyone a very Merry Christmas, and certainly to the people who are still with us, and also a very wonderful, healthy, and peaceful new year. CHAIRMAN SOLIS: And I hate to rain on the parade, but I think, just as a point of order, if we're going to direct the Productivity Committee to look at something, I think we're supposed to direct them, so maybe we need a motion for that. I think that's the way we wrote the ordinance. December 11, 2018 Page 268 COMMISSIONER McDANIEL: Well, my suggestion is -- and, I mean -- and if I saw regular -- I saw head nods, I go to the Productivity Committee, speak with them about it, and then come back in January with a recommendation such as suggested -- COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: -- that we can informally vote on giving them direction. They're not going to do anything until -- except for the utility fee. COMMISSIONER TAYLOR: So you're going to float the balloon? COMMISSIONER McDANIEL: They're not going to do anything until January anyway, so... MR. OCHS: You can't even say it, can you? COMMISSIONER McDANIEL: No, I can't. CHAIRMAN SOLIS: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I don't have anything to add other than to thank staff. It's been a good year and looking forward to great things next year, and Happy Holidays. MR. CASALANGUIDA: Thank you, sir. COMMISSIONER FIALA: I just have one more thing. I just have a new great grandbaby girl. CHAIRMAN SOLIS: Congratulations. COMMISSIONER TAYLOR: Congratulations. COMMISSIONER FIALA: She was born Saturday, so that's my Christmas gift. COMMISSIONER TAYLOR: Oh, that's lovely. COMMISSIONER McDANIEL: Kyle's youngest? COMMISSIONER FIALA: Huh? COMMISSIONER McDANIEL: It's Kyle's youngest? Kyle and Sherry's youngest? COMMISSIONER FIALA: No. It's the oldest one, Samantha. December 11, 2018 Page 269 CHAIRMAN SOLIS: So all I have is to wish everybody a Merry Christmas, Happy New Year. It's been an honor to be the Chairman after a hurricane. It was -- what a wild ride that was. MR. CASALANGUIDA: The ride's still going. CHAIRMAN SOLIS: The ride's still going, but let me tell you, it was a real challenge and a wonderful experience. And I wasn't here for the prior longest meeting I think that we've had this year, but I was here for the longest meeting that we've had this year, and it happened to be my last as Chair. So I don't know if I should say thank you for that or not. COMMISSIONER McDANIEL: We haven't voted yet. CHAIRMAN SOLIS: But it's certainly been my pleasure to act as Chair this year, and it's really been an honor. So thank you for your confidence in me. Thank you to the staff for making it a great experience. I think we did some good work this year, so... MR. OCHS: Thank you for your leadership. COMMISSIONER FIALA: Merry Christmas, everyone. COMMISSIONER TAYLOR: Merry Christmas. COMMISSIONER McDANIEL: Merry Christmas. ***** **** Commissioner Taylor moved, seconded by Commissioner Fiala and carried that the following items under the Consent and Summary Agendas be approved and/or adopted (Commissioner McDaniel voted “no” on Item #16A9 and Item #16D10) **** Item #16A1 – Moved to Item #11I (Per Agenda Change Sheet) Item #16A2 December 11, 2018 Page 270 APPROVAL OF A PROPOSAL DATED OCTOBER 22, 2018 FROM HUMISTON & MOORE ENGINEERS TO UPDATE THE 2018 AERIAL IMAGE BOOK AND COMPLETE THE WIGGINS AND DOCTORS PASS MONITORING REPORTS UNDER CONTRACT NO. 15-6382, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER FOR A NOT TO EXCEED AMOUNT OF $15,898.25, AND MAKES A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – UPDATING IS REQUIRED POST HURRICANE IRMA Item #16A3 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $8,333.23 FOR PAYMENT OF $1,133.23 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. WAYNE RAY FINZER, CODE ENFORCEMENT BOARD CASE NOS. CENA20140013503 AND CENA20170011622 RELATING TO PROPERTY LOCATED AT 2675 STORTER AVE, COLLIER COUNTY, FLORIDA – VIOLATIONS FOR GRASS/WEEDS IN EXCESS OF 18 INCHES IN HEIGHT AND ABATED BY THE PREVIOUS OWNER Item #16A4 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $18,101.62 FOR PAYMENT OF $6,000 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. ORANGE BLOSSOM NAPLES, LLC, CODE ENFORCEMENT BOARD CASE NO. CENA20130010827 RELATING TO PROPERTY LOCATED AT 6619 YARBERRY LN, COLLIER COUNTY, FLORIDA – December 11, 2018 Page 271 VIOLATIONS CONSISTING OF THE ACCUMULATION OF PROHIBITED EXOTIC VEGATION ON AN UNIMPROVED PROPERTY AND BROUGHT INTO COMPLIANCE ON APRIL 23, 2014 Item #16A5 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $48,020 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.085-3, PL20160000540 FOR WORK ASSOCIATED WITH ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES – DILILLO PARCEL Item #16A6 A STANDARD TEMPORARY CONSTRUCTION EASEMENT FOR BEACH RENOURISHMENT AND TO REMOVE THE REQUIREMENT FOR DUNE PLANTINGS FROM THE TEMPORARY CONSTRUCTION EASEMENT FOR BEACH RENOURISHMENT FOR THE MARCO ISLAND CENTRAL BEACH REGRADE PROJECT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – TO RE-SLOPE THE BEACH TO CREATE POSITIVE DRAINAGE, NOT BEACH RENOURISHMENT Item #16A7 DIRECTING STAFF TO BRING BACK FOR A PUBLIC HEARING AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE TO MODIFY DESIGN STANDARDS FOR SIGNS ADVERTISING THE PRICE OF FUEL, IN December 11, 2018 Page 272 ACCORDANCE WITH SECTION 553.79(20), FLORIDA STATUTES, AND ALLOW APPLICATIONS FOR SUCH SIGNS TO BE PROCESSED UNDER THE PROPOSED NEW ZONING STANDARDS WHILE THE LDC AMENDMENT PROCESS IS PENDING Item #16A8 THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2017 PROGRESS REPORT AND PROPOSED ACTION PLAN FOR 2018 AND 2019, WHICH INCLUDES A 1.5 FEET RATE OF SEA LEVEL RISE BY 2060 PLANNING STANDARD TO BE ADOPTED IN THE FLOODPLAIN MANAGEMENT PLAN Item #16A9 – Commissioner McDaniel voted “no” AUTHORIZING STAFF TO ADVERTISE FOR A FUTURE PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE AFFORDABLE HOUSING DENSITY BONUS PROGRAM, PURSUANT TO PREVIOUS BOARD ACTIONS ON THE COMMUNITY HOUSING PLAN (CHP) Item #16A10 – Commissioner McDaniel voted “no” FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR NAPLES MOTORCOACH RESORT, PL20160001454, AND ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES – LOCATED OFF OF TAMIAMI TRAIL EAST, EAST OF COLLIER BLVD December 11, 2018 Page 273 Item #16A11 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 8 – DOG PARK, PL20180001856 – FINAL INSPECTION CONDUCTED ON AUGUST 8, 2018 FOUND THE FACILITIES TO BE SATISFACTORY Item #16A12 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR THE WAREHOUSE, PL201700001163, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $9,659.41 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION CONDUCTED ON OCTOBER 31, 2018 FOUND THE FACILITIES TO BE SATISFACTORY Item #16A13 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 8, PL20170000553 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN December 11, 2018 Page 274 THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION CONDUCTED ON NOVEMBER 5, 2018 FOUND THE FACILITIES TO BE SATISFACTORY Item #16A14 RESOLUTION 2018-209: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MARSILEA, APPLICATION NUMBER PL20130001985 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY – LOCATED OFF OF LIVINGSTON ROAD, NORTH OF VANDERBILT BEACH ROAD Item #16A15 RECORDING THE AMENDED FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES PHASE 5, (APPLICATION NUMBER PL20180002972) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A16 AMENDMENT NO. 1 TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AGREEMENT NO. LP11030 WHICH PROVIDES GRANT FUNDING FOR STORM December 11, 2018 Page 275 WATER, WATER AND WASTE WATER IMPROVEMENTS ALONG 95TH AVE N. AND 96TH AVE N. IN NAPLES PARK BY EXTENDING THE PERIOD OF AGREEMENT BY 730 CALENDAR DAYS AND UPDATING LANGUAGE WITHIN CERTAIN SECTIONS OF THE AGREEMENT – EXPECTED COMPLETION DATE OF OCTOBER 2020 Item #16A17 APPROVAL OF THE ELECTRONIC SUBMISSION OF A SAFE ROUTES TO SCHOOL APPLICATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $761,514.74 TO FUND THE DESIGN AND CONSTRUCTION OF A SIDEWALK ALONG LINWOOD AVENUE TO SHADOWLAWN ELEMENTARY SCHOOL WITH A LOCAL MATCH OF $89,942.69 FOR CONSTRUCTION ENGINEERING AND INSPECTION Item #16A18 A BUDGET AMENDMENT RECOGNIZING PAYMENT IN THE AMOUNT OF $29,842.20 RECEIVED FROM THE CITY OF NAPLES FOR THE ENGINEERING DESIGN OF POTABLE WATER LINES FOR THE WEST GOODLETTE-FRANK ROAD JOINT STORMWATER-SEWER PROJECT (PROJECT #60142) Item #16A19 AN AGREEMENT FOR INVITATION TO BID #18-7476 “PINE RIDGE CANAL WEIR #1 REPLACEMENT” TO THOMAS MARINE CONSTRUCTION, INC., IN THE AMOUNT OF $ December 11, 2018 Page 276 793,939.75 (PROJECT NO. 60119), AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT – LOCATED WITHIN THE CREEKSIDE COMMERCE PARK Item #16A20 APPROVAL OF THE EXPENDITURE $49,698 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FROM HUMISTON AND MOORE ENGINEERS TO DEVELOP A CONCEPTUAL PLAN THAT PROVIDES TEMPORARY SHALLOW DRAFT BOAT ACCESS INTO VANDERBILT LAGOON VIA WATER TURKEY BAY AND AUTHORIZE NECESSARY BUDGET AMENDMENTS – UNDER WORK ORDER #15-6382 WITH AN EXPIRATION DATE OF JUNE 8, 2019 Item #16A21 APPROVAL OF TWO FUNDING AGREEMENTS WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO FUND THE I-75 CANAL AND COCOHATCHEE CANAL INTERCONNECT AND EMERGENCY PUMP FACILITY PROJECT, IN THE AMOUNT OF $500,000 AND TO ASSIST WITH FUNDING FOR THE PALM RIVER AND COCOHATCHEE RIVER CONVEYANCE PROJECT, IN THE AMOUNT OF $388,000 – TO ALLEVIATE FLOODING IN THE I- 75 SUB-BASIN AND IMPROVING CONVEYANCE CAPACITY OF DOWNSTREAM RECEIVING WATERS Item #16A22 POLICY CONSTRAIN ON ORANGE BLOSSOM DRIVE FROM December 11, 2018 Page 277 WEST OF AIRPORT ROAD TO GOODLETTE-FRANK ROAD TO TWO LANES – ASSURING RESIDENTS THAT STAFF IS NOT PLANNING ON WIDENING THE ROADWAY BEYOND ITS EXISTING TWO LANES Item #16A23 AUTHORIZING THE COUNTY TO ISSUE STANDARD COUNTY PURCHASE ORDERS BY PIGGYBACKING OFF OF THE PRICING OBTAINED FROM FIRMS THAT ENTERED INTO AGREEMENTS WITH THE CITY OF NAPLES’ UNDER ITS REQUEST FOR PROPOSAL (“RFP”) #16-014, BUILDING INSPECTION AND PLAN REVIEW SERVICES, LIBRARY OF FIRMS – OFFSETTING THE INCREASE IN VOLUME OF INSPECTIONS AND PERMITS ASSOCIATED WITH THE RECOVERY FROM HURRICANE IRMA Item #16B1 INCREASING THE ANNUAL AMOUNT THAT CAN BE SPENT UNDER CONTRACT NO. 17-7197, IMMOKALEE MUNICIPAL SERVICE TAXING UNIT (MSTU) ROADWAY LANDSCAPE MAINTENANCE, TO A&M PROPERTY MAINTENANCE, LLC TO $200,000 – PROVIDING AN INCREASED LEVEL OF SERVICE AND MAINTENANCE WITHIN THE IMMOKALEE CENTRAL BUSINESS DISTRICT Item #16B2 AUTHORIZING THE COUNTY ATTORNEY’S OFFICE TO TAKE ALL ACTION NECESSARY TO CLEAR TITLE ON December 11, 2018 Page 278 THREE DEVELOPED PARCELS PREVIOUSLY OWNED BY LOVE AND LEGACY LLC AND, IF NECESSARY, FILE QUIET TITLE ACTION ON 15 LOTS SOLD TO LOVE AND LEGACY LLC IN 2014 – LOCATED AT 3037 LUNAR STREET, 4032 FULL MOON COURT AND 4048 FULL MOON COURT WITHIN THE BAYSHORE GATEWAY TRIANGLE CRA Item #16C1 AWARDING AN AGREEMENT FOR INVITATION TO BID #18- 7399, “AIR FILTRATION SERVICES,” TO FILTER PRO USA, LLC, FOR COUNTYWIDE AIR FILTRATION SERVICES – THE BASE ANNUAL AMOUNT IS ESTIMATED AT $190,000 PLUS ANY ADDITIONAL AND UNANTICIPATED SERVICES Item #16C2 RESOLUTION 2018-210: REMOVING UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND THEIR RESPECTIVE BALANCES FROM THE FINANCIAL RECORDS OF COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT IN THE AMOUNT OF $59,034.99 Item #16C3 ACCEPTING AN OFFER FROM FERGUSON ENTERPRISES, INC. D/B/A FERGUSON WATERWORKS FOR REPLACEMENT OF A POTENTIAL FAILING COMPONENT IN 15,000 WATER METERS PURCHASED AND INSTALLED IN THE COUNTY'S WATER DISTRIBUTION SYSTEM AND AUTHORIZE THE CHAIRMAN TO ACCEPT AND SIGN THE OFFER LETTER – December 11, 2018 Page 279 REPLACING HOT ROD RADIO ENDPOINTS (RADIO MODULES) USED TO ENSURE ACCURANCY AND RELIABILITY IN METER READING AND BILLING SYSTEM Item #16C4 A LEASE AGREEMENT WITH COLLIER PLAZA, LLC, TO CONTINUE OPERATING THE FORMER FGUA CUSTOMER SERVICE CENTER IN GOLDEN GATE CITY, NOW KNOWN AS UTILITY BILLING AND CUSTOMER SERVICE – GOLDEN GATE – CURRENT RENT IS $2,967.36 PER MONTH PLUS COMMON AREA MAINTENANCE OF $777.48 MONTHLY FOR OFFICE SPACE OF 1,584 SQUARE FEET Item #16C5 A SECOND AMENDMENT TO AGREEMENT FOR THE PROVISION OF TELECOMMUNICATION SERVICES AND FACILITIES WITH VERTICAL BRIDGE S3 ASSETS, LLC, FOR THE INSTALLATION OF ANTENNA EQUIPMENT FOR THE COUNTY’S EMERGENCY RADIO SYSTEM - AUTHORIZING THE COUNTY TO OCCUPY ADDITIONAL TOWER CAPACITY TO UPGRADE THE EXISTING ANTENNA SYSTEM TO IMPROVE RADIO SYSTEM COVERAGE ALONG THE EASTERN PORTION OF US 41 AND VICINITY Item #16C6 AN INCREASE IN FUNDING FOR THE OPERATIONAL COSTS AND TERM OF THE SOLE SOURCE WAIVER AND MASTER SALES AGREEMENT WITH ITRON INCORPORATED FOR December 11, 2018 Page 280 AUTOMATED METER READING SERVICES FOR THE UTILITY SYSTEM ACQUIRED FROM THE FLORIDA GOVERNMENT UTILITY AUTHORITY APPROVED AT THE JULY 10, 2018 BOARD MEETING (AGENDA ITEM #16C1) Item #16C7 APPROVAL OF A $245,909 WORK ORDER UNDER REQUEST FOR QUOTATION NO. 16-6663-1 TO BONNESS INC., TO CONSTRUCT THE PELICAN MARSH IQ PUMP STATION SITE IMPROVEMENTS, WHICH INCLUDES A NEW ACCESS DRIVEWAY INTO THE SITE, CONCRETE STEPS AND RETAINING WALL, SIDEWALKS SURROUNDING THE PUMP STATION, INTERNAL DRAINAGE IMPROVEMENTS, LEVELING THE PUMP STATION FLOOR, AND REMOVAL OF EXOTIC VEGETATION, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT (PROJECT NO. 70166) Item #16C8 APPROVAL OF A $583,000 WORK ORDER UNDER REQUEST FOR QUOTATION NO. 14-6213-128 TO HASKINS, INC., UNDER PROJECT NUMBER 70182, “WILDFLOWER WAY WATER MAIN LOOPING,” WHICH INCLUDES INSTALLING 4,000 FEET OF 12-INCH AND 14-INCH WATER MAIN ON WILDFLOWER WAY FROM ST. ANDREWS BOULEVARD TO LELY HIGH SCHOOL BOULEVARD, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16C9 December 11, 2018 Page 281 APPROVAL OF A $529,692 WORK ORDER UNDER REQUEST FOR QUOTATION NO. 15-6469-4 TO WELLS & WATER SYSTEM, INC., UNDER PROJECT NUMBER 70085, “ACIDIFICATION OF EIGHT PRODUCTION WELLS – PHASE 2 GOLDEN GATE WELLFIELD,” AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT - COMPLETING WELL REHABILITATION WILL EXTEND THE USEFUL LIFE OF THESE EXISTING WELLS IN LIEU OF CONSTRUCTING NEW WELLS Item #16D1 RESOLUTION 2018-211: AUTHORIZING THE REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE AMOUNT OF $114,451.70, CONSIDERED UNCOLLECTIBLE OR SHOULD OTHERWISE BE REMOVED FROM THE FINANCIAL RECORDS OF THE COLLIER COUNTY PUBLIC LIBRARY (CCPL) IN ACCORDANCE WITH RESOLUTION NO. 2006-252 Item #16D2 DISTRIBUTION, RELEASE, AND REFUNDING AGREEMENT FOR THE HARVEY M. SHREVE JR., AND SARAH ANN SHREVE CHARITABLE REMAINDER ANNUITY TRUST, TO ACCEPT A DISTRIBUTION FROM A TRUST IN THE ESTIMATED AMOUNT OF $53,080.56 TO THE COLLIER COUNTY PUBLIC LIBRARY, TO AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE DISTRIBUTION AGREEMENT AND COMPLETE ANY REQUIRED FORMS, AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS December 11, 2018 Page 282 Item #16D3 RECOGNIZING CARRYFORWARD FOR INTEREST EARNED DURING THE PERIOD APRIL THROUGH SEPTEMBER 2018, ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF COLLIER COUNTY RESIDENTS IN THE AMOUNT OF $4,006.76 - PROVIDING THE PUBLIC WITH FREE LIBRARY SERVICES, INCLUDING LOANING LIBRARY MATERIALS AND PROVIDING REFERENCE AND INFORMATION SERVICES Item#16D4 RESOLUTION 2018-211A: THE SUBMITTAL OF REVISED FY18-19 SECTION 5310 GRANT APPLICATION PAGES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ADDITIONAL EQUIPMENT TO ADD THREE (3) MOBILE RADIOS, THREE (3) TABLETS, AND ONE (1) PARATRANSIT VEHICLE – FOR USE WITHIN THE PUBLIC TRANSIT & NEIGHBORHOOD ENHANCEMENT DIVISION Item #16D5 AUTHORIZING THE NECESSARY BUDGET AMENDMENTS TO REFLECT THE ESTIMATED FUNDING FOR CALENDAR YEAR 2019 OLDER AMERICANS ACT (OAA) PROGRAMS IN THE AMOUNT OF $1,212,820.23 AND THE REQUIRED MATCH OF $130,165.44 – FOR THE FOLLOWING PROJECTS: #33598 - LEAD AGENCY OPERATIONS), #33599 - CONGREGATE December 11, 2018 Page 283 MEALS, #33600 – HOME DELIVERED MEALS AND #33601 – CAREGIVER SUPPORT PROGRAM Item #16D6 RESOLUTION 2018-212: DECLARING THE PUBLIC TRANSIT ADVISORY COMMITTEE (PTAC) MEMBER POSITION HELD BY KERRU DERA, TO BE VACANT AND DIRECT THE COUNTY ATTORNEY TO PREPARE A RESOLUTION CONFIRMING THE DECLARATION OF VACANCY AND TO PUBLICIZE THE VACANCY – SINCE HIS APPOINTMENT IN OCTOBER 2017, MR DERA HAS ONLY ATTENDED TWO OUT OF THE TEN MEETINGS HELD Item #16D7 FIRST AMENDMENT TO STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM SUBRECIPIENT AGREEMENT WITH HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP TO INCREASE FUNDING IN THE AMOUNT OF $22,500 FOR HOMEBUYER EDUCATION AND COUNSELING PROGRAM FOR STATE FY16/17 Item #16D8 APPROVAL OF THE FY2018-2019 STATE AID TO LIBRARIES GRANT AGREEMENT, CERTIFICATION, AND THE COLLIER COUNTY PUBLIC LIBRARY (CCPL) 2018-2019 ANNUAL PLAN OF SERVICE – RECEIVING AN ESTIMATED $197,247 IN STATE AID December 11, 2018 Page 284 Item #16D9 RESOLUTION 2018-213: THE COLLIER COUNTY CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP, AND EMERGENCY SOLUTIONS GRANT FOR FISCAL YEAR 2017-2018 AS REQUIRED; APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT RESOLUTION; AND AUTHORIZE THE CHAIRMAN TO CERTIFY THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR SUBMISSION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Item #16D10 RESOLUTION 2018-214 (5310), RESOLUTION 2018-215 (5311) AND RESOLUTION 2018-216 (5339): AUTHORIZING THE SUBMITTAL OF FEDERAL TRANSIT ADMINISTRATION (FTA) SECTIONS 5310, 5311, AND 5339 RURAL FY2019/2020 GRANT APPLICATIONS AND APPLICABLE DOCUMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) THROUGH FDOT TRANSCIP TO SUPPORT TRANSIT OPERATIONS AND SYSTEM CAPITAL IMPROVEMENTS. (TOTAL ANTICIPATED FISCAL IMPACT OF $2,511,158 WITH A FEDERAL SHARE OF $1,585,101.40, STATE SHARE OF $169,840.80, AND LOCAL MATCH OF $756,215.80.) December 11, 2018 Page 285 Item #16D11 THE COLLIER COUNTY UNIVERSITY EXTENSION DIVISION’S REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION IN THE AMOUNT OF $79,880; APPROVE A SUBSEQUENT ACCEPTANCE OF REQUESTED FUNDS; AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM OF UNDERSTANDING (MOU) WITH COLLIER COUNTY 4-H ASSOCIATION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – RECOGNIZING $79,880 IN FUNDS Item #16D12 THE FOURTH AMENDMENT TO THE STARNES CATTLE LEASE AGREEMENT TO EXTEND THE TERM OF THE LEASE – EXTENDING THE LEASE UNTIL JUNE 30, 2019 WITHIN THE CARACARA PRARIE PRESERVE Item #16D13 AWARD OF REQUEST FOR PROPOSAL (RFP) #18-7470 SERVICES FOR SENIORS MARANTHA HOME CARE, INC., D/B/A A BETTER HEALTH CARE; THE ADT CORPORATION D/B/A ADT, LLC; SUMMIT HOME RESPIRATORY SERVICES, INC. D/B/A SUMMIT HOME HEALTHCARE PRODUCTS; SOUTHERN HOME CARE SERVICES, INC. D/B/A RESCARE, INC.; VIP AMERICA OF SOUTHWEST FLORIDA, LLC; BIDWELL HOME CARE SERVICE, LLC D/B/A HOME INSTEAD SENIOR CARE); OMEGA HEALTH SERVICES, LLC D/B/A OMEGA CARE SERVICES AND ALMOST FAMILY PC December 11, 2018 Page 286 OF SW FLORIDA, LLC AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENTS, AS SET FORTH HEREIN – PROVIDING IN HOME AND OUT OF HOME SERVICES TO THE ELDERLY IN COLLIER COUNTY Item #16E1 RECOGNIZING ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $1,053.22 – FOR THE PERIOD OF APRIL 1, 2018 THROUGH SEPTEMBER 30, 2018 Item #16E2 AWARD REQUEST FOR QUALIFICATION (RFQ) NO. 18-7443 “MOTOR OILS, LUBRICANTS, AND FLUIDS” TO PALMDALE OIL COMPANY AND FLAMINGO OIL CORPORATION – FOR THE COLLIER COUNTY FLEET MANAGEMENT DIVISION Item #16E3 AWARD RFP #18-7284 “CREDIT CARD PAYMENT PROCESSING AND RELATED SERVICES” TO JETPAY PAYMENT SERVICES FL. LLC Item #16E4 THE PURCHASE OF ZOLL CARDIAC MONITORS UNDER A REQUEST FOR PROPOSAL (“RFP”) AND AGREEMENT ISSUED AND APPROVED BY VOLUSIA COUNTY (RFP #16-P- 64AK) AND TO APPROVE A BUDGET AMENDMENT IN THE December 11, 2018 Page 287 AMOUNT OF $1,450,956.55 - REPLACING CURRENT CARDIAC MONITORS THAT HAVE REACHED THE END OF THEIR LIFESPAN WITH NEW MONITORS THAT HAVE UPGRADED TECHNOLOGY Item #16E5 AN ASSUMPTION AGREEMENT TO ASSUREDPARTNERS OF FLORIDA, LLC, DBA IRMS, ASSIGNING ALL RIGHTS, DUTIES AND BENEFITS, AND OBLIGATIONS UNDER AGREEMENT #16-6613 “PROPERTY AND CASUALTY BROKERAGE SERVICES” Item #16E6 AN ASSUMPTION AGREEMENT WITH MARANATHA HOME CARE, INC. D.B.A A BETTER HEALTH CARE, ASSIGNING ALL RIGHTS, DUTIES AND BENEFITS, AND OBLIGATIONS UNDER AGREEMENT #12-5856 “SERVICES FOR SENIORS” Item #16E7 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – ON-LINE SALES OF $6,073.50 FOR SURPLUS EQUIPMENT Item #16E8 THE ADMINISTRATIVE REPORTS PREPARED BY THE December 11, 2018 Page 288 PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – CONSISTING OF FOUR CHANGE ORDERS THAT MODIFY CONTRACTS BY $42,542.52, ZERO AMENDMENTS AND FOUR AFTER THE FACT MEMOS WITH A FISCAL IMPACT OF $11,147.50 Item #16F1 AWARD AN AGREEMENT FOR INVITATION TO BID NO. 18- 7445 FOR "PELICAN BAY STREET SIGNS REPAIR REPLACEMENT" TO AMERICAN INFRASTRUCTURE SERVICES, INC., IN THE AMOUNT OF $483,630, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT - REPLACING 265 DECORATIVE STREET SIGNS AND REPAIR A MAIN COMMUNITY ENTRANCE MONUMENT DAMAGED BY HURRICANE IRMA Item #16F2 AFTER-THE-FACT APPROVAL FOR THE ELECTRONIC SUBMISSION OF THE FEDERAL AGENCY MANAGEMENT ADMINISTRATION (FEMA) PRE-DISASTER MITIGATION (PDM) GRANT APPLICATION TO THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) FOR HARDENING THE COLLIER COUNTY SPORTS AND EVENT COMPLEX FIELD HOUSE TO HURRICANE STANDARDS IN THE AMOUNT OF $9,500,000 – WITH A 25% REQUIRED LOCAL MATCH OR $2,375,000 Item #16F3 December 11, 2018 Page 289 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT EIGHT UPCOMING JANUARY AND FEBRUARY 2019 SPORTS TOURISM EVENTS UP TO $73,900 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – FOR THE DIMITRI CUP – 1ST WEEKEND, JANUARY 12-14, 2019; 2ND WEEKEND, JANUARY 19-20, 2019; 3RD WEEKEND, JANUARY 26-27, 2019; 4TH WEEKEND, FEBRUARY 2-3, 2019; MEN’S TRANSITION TOUR TAKING PLACE JANUARY 11-20, 2019; NATIONAL JUNIOR USTA L3 TAKING PLACE JANUARY 26-28, 2019; WEST COAST SUPER SENIOR GRAND PRIX, JANUARY 21-27, 2019 AND THE WINTER CLASSIC – PICKLEBALL TOURNAMENT, JANUARY 25-27, 2019 Item #16F4 THE SUBMITTAL OF A GRANT APPLICATION TO VISIT FLORIDA IN THE AMOUNT OF $22,500 FOR COLLIER COUNTY’S SHARE OF A RED TIDE TOURISM RECOVERY REGIONAL MARKETING GRANT REQUEST, AUTHORIZE THE COUNTY MANAGER TO ACCEPT THE AWARD AND PROCESS ANY NECESSARY BUDGET AMENDMENTS AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM – PROMOTING THE “OUR BEACHES ARE OPEN” CAMPAIGN Item #16F5 RESOLUTION 2018-217: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED December 11, 2018 Page 290 BUDGET Item #16F6 – Moved to Item #11J (Per Agenda Change Sheet) Item #16F7 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – BUDGET AMENDMENT #19-115 AND #19-116 (IMMOKALEE CRA) Item #16F8 – Moved to Item #11K (Per Agenda Change Sheet) Item #16G1 (AA) RESOLUTION 2018-218: APPROVING THE PROPOSED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2019 Item #16G2 (AA) RESOLUTION 2018-219: AUTHORIZING EXECUTION OF JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0V81 SUPPLEMENT ONE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF A NEW REFUELING TRUCK AT THE IMMOKALEE REGIONAL AIRPORT. (FISCAL IMPACT: INCREASE FDOT PARTICIPATION $38,782; DECREASE LOCAL MATCH $42,497) December 11, 2018 Page 291 Item #16H1 DIRECTING THE COUNTY MANAGER TO DEVELOP A PROPOSAL AND SUBMIT AN APPLICATION REQUESTING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO CONSTRUCT INFRASTRUCTURE IMPROVEMENTS SUCH AS SIDEWALKS AND STREET LIGHTS TO IMPROVE THE SAFETY OF BROWARD STREET, TEXAS AVENUE, CAROLINA AVENUE AND GEORGIA AVENUE, ALL LOCATED IN NAPLES MANOR, AND AUTHORIZE THE CHAIRMAN TO EXECUTE SUCH APPLICATION FOR TIMELY SUBMITTAL TO COLLIER COUNTY’S COMMUNITY AND HUMAN SERVICES DIVISION Item #16J1 ACCEPTING THE REPORT OF INTEREST FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018 PURSUANT TO FLORIDA STATUTE 218.78 – FOR LIBRARY INVOICES #50409 AND #49212, TOTALING $524.46 Item #16J2 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 NOVEMBER 1 AND NOVEMBER 28, 2018 PURSUANT TO FLORIDA STATUTE 136.06 December 11, 2018 Page 292 Item #16J3 BOARD APPROVAL AND DETERMINATION VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF DECEMBER 5, 2018 Item #16K1 RESOLUTION 2018-220: RE-APPOINTING ROBERT CRAIG, JOEL ANTHONY DAVIS AND TIMOTHY JON SMITH, SR. TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE Item #16K2 RESOLUTION 2018-221: APPOINTING MARK MCLEAN AND JOHN CHRISTIAN ENGLISH TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Item #16K3 RESOLUTION 2018-222: APPOINTING FRANK W. COOPER TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE Item #16K4 RESOLUTION 2018-223: APPOINTING JACALYN LOWRY AND KATHLEEN SLEBODNIK TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE December 11, 2018 Page 293 Item #16K5 A MEDIATED SETTLEMENT AGREEMENT FOR FINAL COMPENSATION IN THE AMOUNT OF $94,000 FOR PARCEL 380RDUE, PLUS $13,826 IN STATUTORY ATTORNEY FEES AND COSTS, AND $14,000 FOR EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. GEORGE A. NESTORY, ET AL, CASE NO. 16-CA-1347, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $64,596) Item #16K6 A SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH HANNULA LANDSCAPE & IRRIGATION, INC., IN THE AMOUNT OF $28,0000, CONCERNING A PAYMENT DISPUTE ARISING UNDER ITB NO. 16-6537R, THE “ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE,” FOR WORK PERFORMED BY HANNULA BETWEEN MARCH 28, 2017 AND MAY 2, 2017 – DISPUTE FOR WORK PERFORMED ALONG LIVINGSTON ROAD Item #16K7 AUTHORIZING THE COUNTY ATTORNEY TO REJECT THE PLAINTIFF’S PROPOSAL FOR SETTLEMENT FOR $100,000.00 IN THE LAWSUIT CAPTIONED MICHAELLE PETIT-DORT V. COLLIER COUNTY, FLORIDA, CASE NO. 2018-CA-2356, PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, December 11, 2018 Page 294 FLORIDA – DUE TO A VEHICLE ACCIDENT WHERE THE PLANTIFF FAILED TO YIELD TO AN EMERGENCY VEHICLE WITH LIGHTS AND SIRENS ACTIVATED Item #16K8 AUTHORIZING THE PAYMENT OF FULL COMPENSATION IN THE AMOUNT OF $14,500 FOR THE TAKING OF PARCEL 224RDUE, AS DETERMINED BY THE JURY IN THE EMINENT DOMAIN CASE ENTITLED COLLIER COUNTY V. ARABEL SUBIAUT, ET AL, CASE NO. 14-CA-2762, REQUIRED FOR THE WIDENING OF GOLDEN GATE BOULEVARD, PROJECT NUMBER 60040. (FISCAL IMPACT: $6,570) Item #17A RESOLUTION 2018-224: VAC-PL20170003027 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE CONSERVATION EASEMENT LOCATED IN TRACT B OF VILLAS AT GREENWOOD LAKE, PLAT BOOK 31, PAGES 87 THROUGH 91 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED IN THE NORTHWEST QUADRANT OF RATTLESNAKE HAMMOCK ROAD AND COUNTY BARN ROAD, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO AGENDA ITEM #17B) Item #17B ORDINANCE 2018-57: AMENDING ORDINANCE NO. 93- 74 December 11, 2018 Page 295 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE-HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (THIS IS A COMPANION TO AGENDA ITEM #17A) Item #17C ORDINANCE 2018-58: AMENDING ORDINANCE NUMBER 09- 37, THE AVOW HOSPICE COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT; AND BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF 4.89+/- ACRES OF LAND ZONED RESIDENTIAL SINGLE-FAMILY-5 (RSF-5 (0.4)) TO THE AVOW HOSPICE CFPUD; BY ADDING PERMITTED USES INCLUDING INDIVIDUAL AND FAMILY SOCIAL SERVICES (SIC 8322) LIMITED TO COMMUNITY CENTERS AND ADULT AND/OR HANDICAPPED DAY CARE CENTERS; BY ADDING ACCESSORY USES; BY AMENDING THE MASTER PLAN; ADDING DEVIATIONS; AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED SOUTH OF PINE RIDGE ROAD ON THE WEST SIDE OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20.55+/- December 11, 2018 Page 296 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170002501] Item #17D ORDINANCE 2018-59 (FLUE), ORDINANCE 2018-60 (HOUSING FLUE), ORDIANCE 2018-61 (GG AREA MASTER PLAN) AND ORDINANCE 2018-62 (IMMOKALEE ARE MASTER PLAN): THE 2018 STAFF-PROPOSED OUT-OF-CYCLE GROWTH MANAGEMENT PLAN 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) (PL20180001205/CPSP-2018-4) Item #17E ORDINANCE 2018-63: AMENDING ORDINANCE NUMBER 1989-12 AND ORDINANCE NUMBER 81-43, THE YOUTH HAVEN PLANNED UNIT DEVELOPMENT, BY ADDING GROUP HOUSING FOR SENIORS AS A PERMITTED USE, BY ADDING 10 BEDS FOR A MAXIMUM OF 250 GROUP HOUSING BEDS, AND ADDING ACREAGE; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 1± ACRES OF LAND ZONED RMF-6 (3) TO THE YOUTH HAVEN COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT; BY AMENDING THE MASTER PLAN AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS December 11, 2018 Page 297 LOCATED ON THE SOUTH SIDE OF WHITAKER ROAD WEST OF SANTA BARBARA BOULEVARD IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 25± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180000646] Item #17F RESOLUTION 2018-225: RENAMING CREEKSIDE STREET TO INNOVATION DRIVE, WHICH IS LOCATED IN THE SOUTHWEST QUADRANT OF THE IMMOKALEE ROAD AND GOODLETTE-FRANK INTERSECTION WITHIN THE CREEKSIDE COMMERCE PARK IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-PL20180002011] Item #17G RESOLUTION 2018-226: RENAMING A PORTION OF CREEKSIDE BOULEVARD TO INNOVATION BOULEVARD. THE SUBJECT STREET IS LOCATED SOUTH OF IMMOKALEE ROAD, ON THE WEST SIDE OF GOODLETTE-FRANK ROAD, EAST OF THE VACATED PORTION OF CREEKSIDE BOULEVARD, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-PL20180002012] Item #17H RESOLUTION 2018-227: RENAMING CREEKSIDE TRAIL TO ARTHREX WAY. THE SUBJECT STREET IS LOCATED WEST OF GOODLETTE-FRANK ROAD, ON THE SOUTH SIDE OF December 11, 2018 Page 298 IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-PL20180002013] Item #17I ORDINANCE 2018-64: 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 Item #17J RESOLUTION 2018-228: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET ***** December 11, 2018 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:20 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL AN DY SOLIS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK bq, - bOo Attest as tt ai 's signature`oply. � These minutes approved by the Board on OatmUeLnii ap , as presented `/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC Page 299 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 Taylor, Penny Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail East, 3rd Floor WHICH I SERVE ISAUNIT OF: CITY COUNTY ❑CITY 21 COUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS: December 11, 2018 C ELECTIVE ❑ 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 close 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. 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 Penny Taylor hereby disclose that on December 11 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 bucinoccmoccociate, landlord inured to the special gain or loss of my relative, • inured to the special gain or loss of , 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 December 11, 2018, the Board of County Commissioners will consider Agenda Item 8-A, a recommendation to determine that the proposed land use for a veterinary clinic, excluding outdoor kenneling, and dog grooming are comparable, and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD, Ordinance Number 2005-19, as amended, and are therefore found to be permitted principal uses. I currently lease property from a principal of the owner of the parcel. As such, 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. December 11, 2018 �7�t 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.