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Agenda 03/26/2019 Item # 2BCOLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: February 26, 2019 BCC Meeting Minutes Meeting Date: 03/26/2019 Prepared by: Title: Executive Secretary to County Manager — County Manager's Office Name: MaryJo Brock 03/18/2019 8:20 AM Submitted by: Title: County Manager — County Manager's Office Name: Leo E. Ochs 03/18/2019 8:20 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending 2.B 03/26/2019 Completed 03/18/2019 8:20 AM 03/26/2019 9:00 AM Packet Pg. 12 February 26, 2019 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 26, 2019 LET IT BE REMEMBERED, that the Board of County N �� Commissioners, in and for the County of Collier, and also acting as 0 the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according t( and having conducted business herein, met on this date at 9:00 a.m., in Av REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William L. McDaniel, Jr. Burt L. Saunders Donna Fiala Andy Solis Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 26, 2019 9:00 AM Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co -Chair Commissioner Burt Saunders, District 3 — Vice -Chair Commissioner Donna Fiala, District 1; CRAB Co -Chair Commissioner Andy Solis, District 2 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 PETITION 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 February 26, 2019 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) Invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue 2. AGENDA AND MINUTES A) Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B) February 5, 2019 - BCC/Transit System Workshop C) February 5, 2019 - BCC/Fertilizer Ordinance Workshop Meeting Minutes 3. AWARDS AND RECOGNITIONS A) EMPLOYEE Page 2 February 26, 2019 B) ADVISORY BOARD MEMBERS C) RETIREES D) EMPLOYEE OF THE MONTH 1) Recommendation to recognize Ben Bullert, Senior Project Manager, Public Utilities Department as the January 2019 Employee of the Month. 4. PROCLAMATIONS 5. PRESENTATIONS A) Presentation of the Leadership Collier Foundation James V. Mudd Fellowship Award. To be presented by Len Golden Price, Leadership Collier Class of 2007. B) Presentation regarding the impact of storm shutters on fire safety. To be presented by Chief Tabatha Butcher, Collier County EMS, representing the Collier County Fire Chiefs Association. 6. PUBLIC PETITIONS A) Public petition from Tom Despard to propose measures to improve sound dampening in new multifamily dwellings (not more than three stories in height) built in Collier County. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS A) This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a church within an Estates Page 3 February 26, 2019 Zoning District pursuant to Section 2.03.0LB. 1.c.l of the Collier County Land Development Code for property located on the southeast corner of Golden Gate Boulevard and Collier Boulevard in Section 11, Township 49 South, Range 26 East, Collier County, Florida. (PL20160002577) (This is a Companion to Agenda Item #9A) 9. ADVERTISED PUBLIC HEARINGS A) Recommendation to approve by Ordinance petition PL20160002584/CPSS- 2017-1, a Growth Management Plan Small Scale Amendment specific to the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow church uses for the Grace Romanian Baptist Church. (Adoption Hearing) (This is a Companion to Agenda Item #8A) B) This item to be heard immediately following Item #11A. Recommendation to approve a resolution, pursuant to section 197.3632(3)(a), Florida Statutes, to preserve the right to utilize the uniform method of collecting non -ad valorem special assessments, as part of and in consideration of a Stormwater Utility within the unincorporated area of the County. (This is a companion to Agenda Item #11A) 10. BOARD OF COUNTY COMMISSIONERS A) Recommendation that the Board of County Commissioners, acting as the Airport Authority revisit Resolution No. 2018-218 as adopted by the Board of County Commissioners on the Consent Agenda as #16G1 on December 115 2018, approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2019. 11. COUNTY MANAGER'S REPORT A) Recommendation to approve staff's recommendation to continue moving forward with implementing a Limited Stormwater Utility Fee to fund operations and maintenance of the County's Stormwater Management System, for future consideration by the Board of County Commissioners. (Amy Patterson, GMP Capital Projects Planning Director) (This is a companion to Agenda Item #9B) B) Recommendation to temporarily suspend new capital expenditures for the Page 4 February 26, 2019 Landscape Beautification program and reallocate existing capital funding to cover increased program maintenance costs. (Joe Delate, Principal Project Manager, Road Maintenance) C) Recommendation to approve an Agreement with Quality Enterprises USA, Inc., for Invitation to Bid No. 18-7483, "Replacement of Process Air Blowers 3 through 6 at the South County Water Reclamation Facility," in the amount of $1,082,730, for Project #70203, authorize the necessary budget amendments, and authorize the Chairman to execute the attached agreement. (Tom Chmelik, Public Utilities Engineering & Project Management Division) D) Recommendation to award an Agreement for Invitation to Bid No. 18-7488 "Asphalt Maintenance & Related Roadway Services" to Preferred Materials, Inc. (primary contractor) and Ajax Paving Industries of Florida, Inc. (secondary contractor). (Joe Delate, Principal Project Manager, Road Maintenance) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A) This item to be heard immediately following Item #7 - Public Comments Presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2018 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A) AIRPORT B) COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A) Proposed Future Workshop Schedule Page 5 February 26, 2019 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 award Contract Number 18-7448, for "Verification Testing for Golden Gate Boulevard Design -Build Phase II" to Johnson Engineering Inc., in the amount of $296,168, and authorize the Chair to execute the attached agreement. (Project #60145) 2) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Greyhawk at Golf Club of the Everglades Phase 2A, PL20170001524 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. 3) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Verona Pointe Estates, Application Number PL20150001537 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. 4) Recommendation to approve a Resolution for final acceptance of the roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Faith Landing Phase Three, Application Number PL20140000050, and authorize the release of the maintenance security. 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge at Ave Maria, Phase 6B, (Application Number PL20180001175) approval of the Page 6 February 26, 2019 standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation to approve a Supplemental Agreement that amends FDOT LAP Agreement #436971-1-98-01 by providing an additional $113,469 in funding to Collier County for traffic count equipment purchases, a Resolution in support of the LAP Agreement, and that the Board authorize a purchase of Wavetronix traffic count equipment including repairs and upgrades by the manufacturer, as supported by the Proprietary Product Certification FDOT obtained under the LAP Agreement through Fiscal Year 2023, and to accept the time extension granted by FDOT for the LAP Agreement through October 1, 2019 and authorize the budget amendment. 7) Recommendation to approve an agreement for the purchase of land (Parcel 1221 POND) required for the Vanderbilt Beach Road Extension (Project 60168). Estimated Fiscal Impact: $81,500. 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $44,172 which was posted as a guaranty for Excavation Permit Number 60.161, PL20170003239 for work associated with Logan Landings. 9) Recommendation to provide an after -the -fact approval for Amendment No. I to Emergency Watershed Protection Program Agreement #NR184209XXXXCO28, between Collier County and the US Department of Agriculture, Natural Resources Conservation Services increasing total funding to address storm related debris in Collier County waterways and to maintain an appropriate conveyance system for an adequate flood protection level of service (LOS); and authorize any necessary budget amendments. 10) Recommendation to approve waiving the boat dock extension application fees for PL20180003485 and applicable building permit fees to remove and replace an existing boat dock located at 3266 Lakeview Drive, Naples, FL 34112. 11) Recommendation to award an Agreement for Invitation to Bid No. 19- 7511, "Davis Boulevard Landscape Maintenance" to Florida Land Page 7 February 26, 2019 Maintenance, Inc. d/b/a Commercial Land Maintenance. B) COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board, acting as the Community Redevelopment Agency Board (CRAB), approve an Access Easement over property owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District Overlay. C) PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Solicitation #18-7487, "Collection and Recycling of Latex Paint," to Clark Environmental, Inc. 2) Recommendation to approve the termination and release of temporary construction easements acquired for the water facilities construction in the case entitled Collier County v. Lord's Way Realty LLC. D) PUBLIC SERVICES DEPARTMENT 1) Recommendation to authorize a Budget Amendment recognizing $36,971.43 in program income and recaptured funds received under the Home Investment Partnership Program (HOME). 2) This item was continued from the January 22, 2019 BCC meeting. Recommendation to award six (6) Agreements for Request For Qualifications (RFQ) #18-7459 "Exotic Vegetation Removal" to multiple vendors and authorize the Chairman to execute the Agreements. 3) Recommendation to adopt a resolution to implement a co -payment waiver procedure for seniors who are enrolled in the Community Care for the Elderly and Alzheimer's Disease Initiative state grants administered by the Community and Human Services Division (CHS). 4) Recommendation to approve and authorize the Chairman to sign the First Amendment to the Emergency Solutions Grant (ESG) Subrecipient Agreements with NAMI Collier County and Collier County Hunger and Homeless Coalition, Inc., and the First Page 8 February 26, 2019 Amendment to the HOME Subrecipient Agreement with Oak Marsh, LLC and execute a letter of commitment for a specific home assisted project. This Item has no new Fiscal impact. 5) This item was continued from the February 12, 2019 BCC meeting. Recommendation to authorize expenditures for the subscription to Hoopla streaming service from Midwest Tape, LLC (Midwest Tape) for Library patron use in an amount not to exceed $200,000 per Fiscal Year, as budgeted, through FY2021. 6) This item was continued from the February 12, 2019 BCC Meeting. Recommendation to authorize expenditures for subscriptions to Flipster, Discovery Service, NoveList Plus, and NoveList Select, proprietary software offered through EBSCO Industries, Inc. (EBSCO), for Library patron use in an amount not to exceed $150,000 per Fiscal Year, as budgeted, through FY2021. E) ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to renew the annual Certificate of Public Convenience and Necessity for a Class 1 and Class 2 Advanced Life Support (ALS) Rescue and intra -facility ambulance transport for the Seminole Tribe of Florida Fire Rescue within the boundary of the Seminole Tribe in Immokalee. 2) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to GE Digital LLC under Agreement #17-7189 for software licensing and support services of Public Utilities Division's Supervisory Control and Data Acquisition (SCADA) systems. 3) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. 4) Recommendation to approve expenditures for legal and non -legal advertisements as exempted procurements and authorize the Chairman to sign the Agreement. Page 9 February 26, 2019 5) Recommendation to approve a Certificate of Public Convenience and Necessity for a Class 2 non -emergency inter -facility ambulance transports to Just Like Family Concierge Medical Transport Services, LLC (D.B.A. Concierge Medical Transport) to allow post-hospital inter- facility medical ambulance transfer ambulance services. F) COUNTY MANAGER OPERATIONS 1) Recommendation to approve the year two "Printing of Visitor Guides" for the Tourism Division under the ITB #18-7247 award to Publication Printers Corporation to print 75,000 copies of the 2019 Collier County Visitor Guides for a not to exceed amount of $33,183.40 and make a finding that this action promotes tourism. 2) Recommendation to approve a new Interlocal Agreement with the City of Naples for office space in the Norris Center to house the Collier County Film Office staff, authorize the Chair to sign the County Attorney approved Agreement, authorize all required expenditures for this purpose, and make a finding that this item promotes tourism. 3) Recommendation to award four (4) Agreements for Request for Qualification (RFQ) #18-7412 "Video Capture and Production" to: Paradise Coast TV, LLC, SoundStyle Inc. dba The Naples Studio, Contender Productions Studios, Inc., and Full Moon Creative, LLC, authorize the Chairman to execute the Agreements with awarded contractors, and make a finding that these expenditures promote tourism. 4) 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. 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. G) AIRPORT AUTHORITY Page 10 February 26, 2019 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve and authorize the Airport Manager to execute the revised attached standard tie -down agreement for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. H) BOARD OF COUNTY COMMISSIONERS I) MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence J) OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of February 20, 2019. 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 January 31, 2019 and February 13, 2019 pursuant to Florida Statute 136.06. K) COUNTY ATTORNEY 1) Recommendation to adopt a Resolution setting the place and time for the Clerk, with the assistance of the County Attorney's office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. 2) Recommendation to appoint one member to the Immokalee Beautification MSTU Advisory Committee. 3) Recommendation to reappoint a member to the Collier County Code Enforcement Board, and reclassify an alternate member as a regular member. 4) Recommendation to direct the Hearing Examiner to hear the appeal Page 11 February 26, 2019 filed by London of Naples, Inc. of the administrative denial of the Insubstantial Site Plan Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property consisting of 1.98 ± acres is in the General Commercial (C-4) zoning district within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection of Davis Boulevard and Tamiami Trail East in Section 11, Township 50 South and Range 25 East, in Collier County, Florida. [PL20190000305] 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- PL20180001954, to disclaim, renounce and vacate the County and the public interest in a portion of the 40 -foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. B) Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. C) Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program. Page 12 February 26, 2019 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 13 February 26, 2019 February 26, 2019 MR. OCHS: Mr. Chairman, you have a live mike. Ladies and gentlemen, if you'd please come to order. CHAIRMAN McDANIEL: Good morning, everyone. If you would, with me, please, let's have our invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue. Item # 1 A INVOCATION BY RABBI AMOS CHORNY OF BETH TIKVAH SYNAGOGUE — INVOCATION GIVEN RABBI CHORNY: We have gathered here today intent on doing good work and seek to represent fairly and well those who have given us this task. 0 14eNZIOr May our efforts be blessed with insight and guided -- and be guided by understanding and wisdom. Today may we be open to other's ideas and beliefs, respectful of our differences, not threatened by them. May we grow in understanding of our own motives knowing that people often act out of their own fears. May we be a force for replacing those► fears with insight, helping all to be patient and kind. Strength, real strength, and always find compromise, working together, may we find a common ground enabling us to move forward with a shared purpose. May we see what is truly important and unite us to banish roadblocks of ego and fear. Today may we be open to other's ideas and beliefs. As we seek to serve with respect for all, may our personal faith give us strength to act honestly and well in all matters before us. Amen. CHAIRMAN McDANIEL: Commissioner Fiala, would you be so kind and lead us this morning. Page 2 February 26, 2019 COMMISSIONER FIALA: I would be happy. Please put your hands over your hearts and say with me: (The Pledge of Allegiance was recited in unison.) Item #2A h' APPROVAL OF TODAY'S REGULAR, CONSENT AND' SUMMARY AGENDA AS AMENDED (EX PARTE ' DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) — MOTION TO CONTINUE ITEM #11A UNTIL THE SECOND MEETING IN MARCH — APPROVED MR. OCHS: Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of February 26th, 2019. The first proposed change is to reschedule Item 6A, this is a public petition request, to your March 26th, 2019, board meeting. That request was made by the public petitioner. The next proposed change is to move Item 17C from your summary agenda to become Item 9C under your advertised public hearings. This is a recommendation to adopt the final ordinance amendments for the Conservation Collier ordinance. This move was made at Commissioner Saunders' request. The next proposed change is to add Item IOB to the agenda under Board of County Commissioners. This is a discussion of contract deliverables and outstanding pay requests regarding the contract between Economic Incubator, Incorporated, and the Board. This was added at Commissioner Saunders' request. The next proposed change is to move Item 16A 11 from the consent agenda to become Item 11 E. This is a recommended contract award for landscape maintenance services for the Davis Boulevard Page 3 February 26, 2019 median landscape improvements. That move was made at Commissioner McDaniel's request. The next proposed change is to move Item 16K from the County Attorney consent agenda to become Item 12A, and this is a recommendation regarding the role of the Hearing Examiner appeal process with a land development -- proposed developincilL. That move was made at both Commissioner Fiala and Commissioner McDaniel's separate request. o The next proposed change is to move Item 16B 1 from the consent agenda. That will be moving to Item 14B 1 under your Community Redevelopment Agency. And this is a recommendation to approve an access easement over county -owned property in the Gateway/Triangle mixed-use district. That move was made at Commissioner McDaniel's request. Mr. Chairman, we have a couple 0 ime-certain items scheduled today. The first will be Item 13A. That's the presentation of your annual consolidated financial report, and that is scheduled to be heard immediately following Item 7A on your agenda, which is public comments. The next time -cert ,►in is Item IOB. That's requested to be heard immediately following the presentation on 13A. And, finally, Item 9B will be heard immediately following 11A, as they are companion items. And those are all the changes that I have so far, Mr. Chairman. CHAIRMAN McDANIEL: Yes. And then since we're going to go through the ex parte and the agenda approved -- because I want everyone to hear this in no uncertain terms. First off, I want you all to keep Commissioner Solis and his family in your prayers. They're having a really tough time right now. And I will not hear anything today that is of consequence if Commissioner Solis cannot be with us because of his personal family issues. They will be continued. Page 4 February 26, 2019 Reporters and the like, folks that are coming here, we will defer until our first meeting in March for and on that behalf. We're going to move around. We're going to do the best we can to get through everything, but there are certain things in life that are far more important than what we're doing right here. Understood? (No response.) lbl� CHAIRMAN SOLIS: So with that, on a happy note, Commissioner Fiala? O COMMISSIONER FIALA: Yes. Would you like me to declare MY -- CHAIRMAN McDANIEL: I would like for you to declare your ex parte and if we have any other adjustments to the agenda. COMMISSIONER FIALA: Thank you very much. As far as ex parte goes, I have no disclosures on either the consent or the summary judgment. I have no changes, no corrections, and I make a motion to approve once we're done. CHAIRMAN McDANIEL: Okay. We'll get to that in a second. COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: Commissioner Saunders, how about you? COMMISSIONER SAUNDERS: I have no additional changes, and I don't believe I have any ex parte on the -- CHAIRMAN McDANIEL: Consent agenda or summary? Very good. Commissioner Taylor. COMMISSIONER TAYLOR: I have no ex parte on the consent, but I am requesting that the stormwater, if indeed we hear it, will be heard at I o'clock or later. There's a significant amount of public that our office has contacted, and given the seriousness of Commissioner Solis' family issue, we have let folks know that we don't know what's going to happen, but that we would know first Page 5 February 26, 2019 thing in the morning, and so at this point I'd like to request a 1 p.m. time -certain. And then, depending on Commissioner Solis' situation, we'll determine whether or not he can even participate. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: My understanding is that Commissioner Solis will be here this morning and will be here until probably about 12:00 or 12:30. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: So to set something at 1 o'clock would be -- of u CHAIRMAN McDANIEL: The potential hit after 1 p earing o'clock is slim. If we set it for a time -certain and he is not here, as I've already stated, it's going to be my suggestion that we continue all pertinent items for and until his retuln in the first meeting in March. COMMISSIONER TAYLOR: Well, if that is your decision, I would like to second it, if that's your motion because -- CHAIRMAN McDANI We have to -- I want to get this before we go there. COMMISSIONER SAUNDERS: Mr. Chairman, also, everyone knows I've not been supportive of moving forward with the stormwater thing, but we have a March 1 st deadline; that's why it's on the agenda today. So the only point I was making is if we want to hear this when Commissioner Solis is here, we need to do that in the morning as opposed to the afternoon. And continuing this item until sometime -- our first meeting in March doesn't do any good in terms of that particular deadline. CHAIRMAN McDANIEL: Point of clarification. I was under the understanding that the only critical thing for today was the voting for the advertising to allow for the legal statutory requisites for that. Should the Board in the future elect to enact a utility fee we have to vote on the advertising today. Page 6 February 26, 2019 MR. OCHS: That is correct. CHAIRMAN McDANIEL: Okay. So that 1st of March date is, that's the only thing that's critical that we need to vote for or against while he's here. COMMISSIONER SAUNDERS: I thought all -- CHAIRMAN McDANIEL: The actual enactment of the utility can be continued should he not be here, and so moving it to 1 o'clock is okay with me, if it's okay with you. And knowing that we're not going to hear it if he's not here, it will be continued. MR. OCHS : Mr. Chairman, may I suggest maybe a late morning, and then if Commissioner -- if we're not there at that time or Commissioner Solis has to leave, the Board can still continue that item when it comes up on the docket. So gVtway you give yourself -- It ZN;�, CHAIRMAN McDANIEL: Just move it to the 1 o'clock. COMMISSIONER FIALA: Well, didn't somebody just say he's going to be leaving by 1 o'clock? CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: And the question would be whether he could even pall in, and that's -- you know, if he was leaving where we knew he could call in, it would be another thing, but we pretty much know that's not going to happen. MR.00HS: Yeah. CHAIRMAN McDANIEL: We're making a supposition in that regard, and it's just -- it's imperative that everyone understand that we're going to move this along to the first meeting in March in his absence. COMMISSIONER TAYLOR: Good. MR. OCHS : If you set it at a time where you know he's not going to be here, then you may as well continue it right now; otherwise, if you set it for late morning and he's here and you can Page 7 February 26, 2019 hear it at that point, fine. If he has to leave, you can always continue it at that point. CHAIRMAN McDANIEL: It's your request for the 1 o'clock. How you feeling? COMMISSIONER FIALA: You know what, why don't we we're flexible.+ CHAIRMAN McDANIEL: Hang on one second. Yes, ma am. I want to be flexible. Q COMMISSIONER TAYLOR: What are your thoughts? CHAIRMAN McDANIEL: What you thinking? COMMISSIONER FIALA: I was just going to say, if he walks in, let's finish whatever we're on and start that subject -- COMMISSIONER TAYLOR: I'm not sure -- COMMISSIONER FIALA: -- rather than give it a time anything. N' 1k COMMISSIONER TAYLOR: I'm not sure this agenda allows us to start right away or I'd do it. Does it allow us to start with stormwater right now once he walks in? CHAIRMAN McDANIEL: I think it's -- MR. OCHS: It's ypur agenda. You can set it. Right now you're scheduled to hear your CAFR, which is about a five-minute item, after your ceremonial items. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: And I've just been advised Commissioner Solis has arrived from the parking lot, so he should be here shortly, and you'll have -- CHAIRMAN McDANIEL: We're burning a lot of daylight just to get through this discussion on this agenda, and I just want it to be very clear that we -- in the event we don't get to that item, we're going to continue it until our first meeting in March. MR. OCHS: Yes, sir. February 26, 2019 CHAIRMAN McDANIEL: And if we can, in fact, vote for or against the necessary advertising, we'll do that while he's here and get through that process, so... COMMISSIONER TAYLOR: And, again, my request to either have it at 1 or continue it until the next meeting is because of the public participation. CHAIRMAN McDANIEL: Right. _ COMMISSIONER TAYLOR: They don't have the 4,LX of being here all day with us. ' CHAIRMAN McDANIEL: Well, I'm -- COMMISSIONER TAYLOR: I'd like to make a motion that we continue this to our -- only the discussion of -- CHAIRMAN McDANIEL: On the utility fee itself? COMMISSIONER TAYLOR: Of the utility fee and how we implement it until our next meeting in March. COMMISSIONER FIALA: Well, that would be good as long as we're addressing -- that would be fine as long as we're addressing the issue, because Commissioner Solis is here now. COMMISSIONER TAYLOR: Right. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: The advertising will be addressed this morning, and the actual utility fee and how it's implemented will be addressed in March. That is my motion. CHAIRMAN McDANIEL: Okay. There's a motion to defer it, continue it until our next stated communication, which is our first meeting in March. COMMISSIONER FIALA: Commissioner Saunders? CHAIRMAN McDANIEL: Commissioner Saunders, how are you feeling -- there is no second for it at this stage. COMMISSIONER SAUNDERS: I don't have any issues with continuing it. Page 9 February 26, 2019 CHAIRMAN McDANIEL: You don't have what, sir? COMMISSIONER SAUNDERS: No issues with continuing it. I'd like to -- if we are going to continue it, I may have some difficulty in being here part of that meeting on the -- CHAIRMAN McDANIEL: First meeting in March. COMMISSIONER SAUNDERS: First meeting. Could w;' continue it to the second meeting in March? Would you have any problem with that? COMMISSIONER TAYLOR: Ask staff. CHAIRMAN McDANIEL: You okay with that Commissioner -- or County Manager? MR. OCHS: Yes, sir. ON CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDEJS: That would be helpful. CHAIRMAN McDANIEL: Second meeting in March. COMMISSIONER TAYLOR: Second meeting in March. CHAIRMAN McDANIEL: I'll second your motion. It's been moved and seconded that we continue that item until the second meeting in March. Any other discussion? COMMISSIONER FIALA: You're talking about the item itself, not the advertising. CHAIRMAN McDANIEL: Not the advertising, that's correct. COMMISSIONER FIALA: Just to make that clear. CHAIRMAN McDANIEL: Yes, ma'am. All in favor? COMMISSIONER SOLIS: (Absent.) COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) Page 10 February 26, 2019 CHAIRMAN McDANIEL: And then as myself, I have no ex parte and/or any other adjustments to the agenda. COMMISSIONER FIALA: Make a motion to approve the agenda as adjusted. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded tha our agenda be approved as adjusted. Any other discussion?.:%A (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: (Absent.) COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDE4S: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. There you are. (Commissioner Solis is now present in the boardroom.) CHAIRMAN McDANIEL: Speak of the devil. COMMISSIONER TAYLOR: Or the saint. CHAIRMAN McDANIEL: Or the saint, as the case may be. Good morning. COMMISSIONER SOLIS: Good morning. CHAIRMAN McDANIEL: All right, County Manager. Let's roll on here. Let's do the -- MR. OCHS: Mr. Chair? Again, I'm asking Jeff for some help here. Should we have Commissioner Solis make any declarations of ex parte on consent or summary? CHAIRMAN McDANIEL: Absolutely. Well, yes. If you have -- if you're ready. COMMISSIONER SOLIS: Okay. My apologies for being late. Page 11 February 26, 2019 On the consent agenda -- CHAIRMAN McDANIEL: Consent and summary is what we're doing right now. COMMISSIONER SOLIS: Consent and summary. There's only two items, and I have nothing to declare and no changes toz*s, agenda. �+ CHAIRMAN McDANIEL: Okay. U Page 12 Proposed Agenda Changes Board of County Commissioners Meeting February 26, 2019 Item 6A rescheduled to March 26, 2019: Public petition from Tom Despard to propose measures to improve sound dampening in new multifamily dwellings (not more than three stories in height) built in Collier County. (Petitioner's request) Move Item 17C to Item 9C: Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program. (Commissioner Saunders' request) Add -On Item lOB: Recommendation to waive any failure to meet any contract deliverable, and to authorize payment of outstanding pay requests for Economic Incubators, Inc. totaling $87, 897.65, and to provide direction on future contract deliverables. (Commissioner Saunders' request) Move Item 16A11 to Item I IE: Recommendation to award an Agreement for Invitation to Bid No. 19- 7511, "Davis Boulevard Landscape Maintenance" to Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance. (Commissioner McDaniel's request) Move Item 16K4 to Item 12A: Recommendation to direct the Hearing Examiner to hear the appeal filed by London of Naples, Inc. of the administrative denial of the Insubstantial Site Plan Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property consisting of 1.98 f acres is in the General Commercial (C-4) zoning district within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection of Davis Boulevard and Tamiami Trail East in Section 11, Township 50 South and Range 25 East, in Collier County, Florida. [PL20190000305] (Commissioner Fiala and Commissioner McDaniel's separate requests) Move Item 16B1 to Item 14B1: Recommendation that the Board, acting as the Community Redevelopment Agency Board (CRAB), approve an Access Easement over property owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District Overlay. (Commissioner McDaniel's request) Time Certain Items: Item 13A to be heard immediately following Item 7 -Public Comments Item 10B to be heard immediately following Item 13A Item 9B to be heard immediately following Item 11A 3/15/2019 3:06 PM February 26, 2019 Item #2B MINUTES FROM THE BCC/TRANSIT SYSTEM WORKSHOP HELD ON FEBRUARY 5, 2019 — APPROVED AS PRESENTED MR. OCHS: Mr. Chairman, that would move us, then, to Item 213, and this is an approval of the meeting minutes from the Board of County Commissioners' transit system workshop held on February 5th, 2019. COMMISSIONER FIALA: Motion to approv COMMISSIONER TAYLOR: Second. Z, CHAIRMAN McDANIEL: It's been moved and seconded that we accept those minutes. Any other discussion? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS : Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) Item #2C MINUTES FROM THE BCC/FERTILIZER ORDINANCE WORKSHOP HELD ON FEBRUARY 5, 2019 — APPROVED AS PRESENTED MR. OCHS: Item 2C is approval of the meeting minutes from the Board of County Commissioners' workshop on the fertilizer ordinance that was also conducted on February 5th, 2019. COMMISSIONER FIALA: Again, motion to approve. Page 13 February 26, 2019 COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. �+ COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. 0 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. f' CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So mov Item #3D 1 RECOGNIZING BEN BULLERT, SENIOR PROJECT MANAGER, PUBLIC UTILITIES DEPARTMENT AS THE JANUARY 2019 EMPLOYEE OF THE MONTH — PRESENTED MR. OCHS: Move to Item 3D1 on this morning's agenda. This is a recommendation to recognize Ben Bullert, our Senior Project Manager with Public Utilities, as the January 2019 Employee of the Month. Ben, if you'd step forward. (Applause.) MR. OCHS: Stay right there, Ben. Let me have the audience learn a little bit about you. Commissioners, Ben's been with the county for two years serving as one of our Senior Project Managers in Public Utilities. Right from the beginning of his employment, he's demonstrated vast Page 14 February 26, 2019 knowledge in the field of public utilities, and over the last two years, he's been the senior project manager for more than 15 capital projects. All of them have had significant residential impact where communication and coordination were critical to avoid undue inconvenience, and Ben handled each one of these with results. The Goodland Drive water main replacement project, for example, required extensive coordination with local businesses in Goodland, and they had to meet stringent schedule requirements, working, among other things, around the stone crab season, and Ben handled it all flawlessly. The Orangetree Wastewater Treatment Plant expansion project had an estimated cost of roughly $3 million. Ben promoted the idea of using a time -saving and cost-saving design/build method for this project, one of the first that we've employed in Public Utilities and, again, we believe it's going to have significant positive savings and a saving in our schedule as wel . ; Due to these and many other initiatives, Ben is truly deserving of this award, is a true asset to Collier County, and it's my honor, Commissioners, to present Ben Bullert as your January 2019 Employee of the Month. Congratulations. (Applause.) COMMISSIONER TAYLOR: County Manager, I think it's significant that Mr. Bullert has been with us for two years; I mean, phenomenal. MR. OCHS: Yes, thank you. COMMISSIONER TAYLOR: Well done. MR. OCHS: Mr. Chairman, we move to Item 5 this morning, our presentations. Item #5A Page 15 February 26, 2019 PRESENTATION OF THE LEADERSHIP COLLIER FOUNDATION JAMES V. MUDD FELLOWSHIP AWARD. PRESENTED BY LEN GOLDEN PRICE, LEADERSHIP COLLIER CLASS OF 2007 — PRESENTED TO DR. CASEY LUCIUS MR. OCHS: Item 5A is a presentation of the Leadership Collier Foundation James V. Mudd Fellowship Award, and Ms. Len Golden Price, your Administrative Service Department Head, will make the presentation this morning. MS. PRICE: Good morning, Commissioners. Len Price, Administrator for Administrative Services, for the record, and proud member of Leadership Collier Clas% of 2007. The James V. Mudd Fellowship Award was created by the Leadership Collier Foundation, a program of the Greater Naples Chamber of Commerce, to honor former County Manager Jim Mudd for his outstanding public service. The fellowship annually acknowledges an outstanding leader whose contributions are reflective of Jim's devotion to encouraging leadership and promoting community through public service. Each year's honoree is selected by a confidential committee from the Leadership Collier Foundation based on the following attributes: Integrity, doing what's right even when people aren't watching; results oriented, focused on both people and program advancement; selfless community service, placing others above self; and inspiring others. Each year's fellowship recipient is granted a full scholarship to the Leadership Collier program of his or her choice. I am pleased this year to introduce to you the James V. Mudd Fellowship Award recipient, Dr. Casey Lucius. Page 16 February 26, 2019 And as Ms. Lucius comes up, let me just ask a few people who are here to stand and be recognized. First of all, Jim Mudd's graduating class. Do we have people here from Jim Mudd's graduating class? Yes, we do. (Applause.) MS. PRICE: Our past recipients, I know that there's at least one of them here. Several. (Applause.) MS. PRICE: And last, but not least, Dr. Casey Lucius's current class. (Applause.) MS. PRICE: And now let me tell you a little bit about why Dr. Lucius was selected for this award. Dr. Casey Lucius has served her country and her community for over two decades. Currently, she's bringing her experience to our community here in Naples as the founder and CEO of Launch Learning Systems which focuses on strategic planning and succession management for local governments, nonprofits, and private industry professionals. Prior to moving tooVaples, Dr. Lucius was a Professor of National Security at the Naval War College in Monterey, California. She further contributed to her community there when she was elected to the Pacific Grove City Council where she served from 2012 to 2016. Earlier in her career, Casey worked as a naval intelligence officer during which time she earned a master's degree in national security affairs. She later earned her Ph.D. in political science while stationed in Hawaii. That must have been tough. Dr. Lucius next headed overseas working for the U.S. department -- State Department as a Chief of Staff to the U.S. Ambassador in Hanoi, Vietnam, for three years. While there, she published a book about political decision-making. Page 17 February 26, 2019 Casey is married to Lieutenant Colonel Robert Lucius, U.S. Marine Corps retired. I believe he's here. (Applause.) MS. PRICE: And they have a son, Bobby. It is not surprising that the Leadership Collier Foundation Committee has selected Dr. Casey Lucius as this year's J Mudd Fellowship recipient. CHAIRMAN McDANIEL: I believe you're deserving of this as well. MS. PRICE: Absolutely. (Applause.) CHAIRMAN McDANIEL: photo op, so hang tight. (Applause.) COMMISSIONER FIALA: Item #5B I think we're onig to get another . Ar"►• Congratulations. PRESENTATION REGARDING THE IMPACT OF STORM SHUTTERS ON FIRE SAFETY. PRESENTED BY CHIEF TABATHA BUTCHER, COLLIER COUNTY EMS, REPRESENTING THE COLLIER COUNTY FIRE CHIEFS ASSOCIATION — PRESENTED MR. OCHS: Item 5B is a presentation regarding the impact of storm shutters on fire safety to be presented this morning by Chief Tabitha Butcher, Collier County EMS, representing the Collier County Fire Chiefs Association. Good morning, Chief. CHIEF BUTCHER: Good morning. Good morning, Commissioners. Page 18 February 26, 2019 CHAIRMAN McDANIEL: Good morning. CHIEF BUTCHER: Tabitha Butcher, Chief of EMS. I'm here today representing the Collier County EMS and Fire Chiefs Association as the current president. Back at the January 8th meeting, Commissioner Fiala had requested a presentation by the fire chiefs regarding the possibxz� concerns over residents or businesses leaving storm shutters ul'i year round outside of hurricane season. In February, the Collier County Fire Chiefs Association, we met, and we discussed this item. There were concerns not only with residents leaving storm shutters up, but as well as concerns about taking them down or creating an ordinance that might put more restraint on residents leaving them up. Some of the concerns that werq brought forward were how that was going to be managed if an ordinance was created and how that was �' going to be enforced. A` So after much discussion by the group, we did decide that we would take a universal approach, not only from the fire district perspective, but EMS, tkat we would just educate the public on the hazards and concerns of leaving storm shutters up. So universal educational materials will be created, and each fire district chief will have their department enforce these educational materials. So I would like to read a letter that was submitted to you in your packet regarding this. On behalf of the Collier County Fire and EMS Chiefs Association, I'm writing this letter to inform you that the members of The association met on January 30th, 2019, and discussed storm shutters that are not removed from buildings. The members discussed concerns and potential hazards that could associated if the shutters were not removed but also discussed Page 19 February 26, 2019 additional problems and concerns that could arise from the community if codes or ordinances prohibited shutters from remaining on windows. The Fire and EMS Chiefs Association voted to develop universal educational materials and outreach information to educ the public on the potential risks and hazards associated with removing shutters from doors and windows. ZIZI And in reference to the current building code, that was also researched, and the current building code actually states that only at least one means of escape from a dwelling has to be present. And if there's any additional questions on that, I do have Jamie French here that can speak on that building code as well. CHAIRMAN McDANIEL: I'm very pleased with the decision. I was grappling with this item. Chief Schuldt and I had long discussions about it back and forth, and I was grappling with government overreach, protecting the citizenry, how are we going to manage it, what's the capacities for enforcement, so on and so forth, and I actually had said to him that I think education needs to be our first and foremost process rather than regulation. So I'm really, really happy with the decision. COMMISSIONER FIALA: Could I say something? CHAIRMAN McDANIEL: Absolutely. COMMISSIONER FIALA: Okay. Thank you very much. I started this only because I received a letter from somebody, and I think that you've come up with a fair compromise there because, you know, that way people are protected. One little caveat, and I don't know what anybody could do about this. On Isles of Capri a few years back, actually with Wilma, this lady on Capri has electric shutters. And so she pulled all the shutters down. She lives alone, and she's an elderly lady. Pulled all the shutters down, and that was fine except the electricity went out, of Page 20 February 26, 2019 course. Well, she couldn't get out. There was no phone service, no electricity, and she couldn't call anybody to tell them she's in the house, and she couldn't get out because they're all electric. Finally, some neighbor four days later contacted the Capri Fire Service, and this is the story, I understand -- the way I understand it -- Fire Service, and they had to go in. They could hear that she was in there, but they couldn't get to her, so they had to knock down -- you know, make some big damage in order to get her out of there. So I don't know what you'll do with electric having a safe escape but, anyway, I just -- that's just something you could consider. CHAIRMAN McDANIEL: And that's a nice thing to add to the educational process, because you have to think past where you're at when you hit the button for your shutters to go down and what the consequences are in the event of a loss of power and the like. And there are certain people that require additional assistance along the way as well, so that's a fine mention for the educational process. CHIEF BUTCHER: We'll make sure we add that. CHAIRMAN McDANIEL: Thank you. CHIEF BUTCHER: Thank you. CHAIRMAN McDANIEL: Any other questions? Thank you. COMMISSIONER FIALA: We can leave them up year-round in certain areas, right? CHIEF BUTCHER: Yeah. According to the building code, you just have to have one means of being able to get out of the dwelling. COMMISSIONER FIALA: Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 21 February 26, 2019 MR. OCHS: Commissioners, that takes us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: We have no registered speakers for that item, Commissioner. We have none. Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2018 AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES —MOTION TO ACCEPT THE REPORT — APPROVEI!),,�O MR. OCHS: Mr. Chairman, that takes us to your first time -certain item this morning. It's Item 13A. This is a presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2018, and to authorize -- and an authorization to file the related State of filorida Annual Local Government Financial Report with the Department of Financial Services. Mr. Derek Johnssen, the Director of Finance for the Clerk of the Circuit Court, will make the presentation. MR. JOHNSSEN: Thank you, County Manager. Good morning, Commissioners. Derek Johnssen, Finance Director for the Clerk of Courts. We're here today to distribute the fiscal year 2018 Comprehensive Annual Financial Report and to present the results of the 2018 audit. The preparation of this report is a year-round process for the Finance Department. It includes the input of many people, departments, and agencies. Clerk staff, county staff, and the external Page 22 February 26, 2019 auditors pushed hard to get this report out a month earlier than usual. Particularly, we'd like to thank the County Manager's Office, the County Attorney's Office, and the budget office, I'm sorry, for the role they played in helping us achieve this goal. In addition, we would like to show our appreciation for each of the constitutional officers for their efforts: The Sheriff, the Supervisor, Property Appraiser, Tax Collector, and the Clerk of Courts have all individually audited reports included in the document before you. Those audits, as well as the consolidated audit of Collier County, are performed by the county's auditor, Clifton, Larson, Allen. Finally, a personal word of thanks to my finance staff who worked many hours to prepare the annual report. I'm just the one who gets to talk about it. With that, an additional thanks to Clifton, Larson, Allen, let me introduce Mr. Marty Redovan, the county's engagement principal, who has a brief presentation. MR. REDOVAN: Thank you, Derek. Good morning, Commissioners. Marty Redovan with Clifton, Larson, Allen. I was responsible for the audit services rendered to the county and each of die constitutional officers. And, as Derek said, we have a brief overview other than where the -- excuse me for that. They're playing games with me. All righty. I'll do a quick overview. Basically, the reports, we have to issue the areas we cover, and there's plenty of them. As you recall, maybe through our conversations, we audit the financial statements of the county, we have to audit compliance with federal grants, we also have to audit compliance with state grants. So there's a three -pronged approach there. We have to issue reports based on the work that we do in those areas, and then another one on internal control over financial Page 23 February 26, 2019 reporting on the overall internal control of the county. So those are the reports that are delivered. We also have to issue a management letter under the rules of the Auditor General, an independent accountant's report on compliance with certain statutes, and then, finally, a communication to you as governance. So what's the results of the 2018 audit? It's pretty good results: An unmodified opinion on the financial statements, no material weaknesses in internal control were noted, an unmodified opinion on compliance with the state and federal grants. We did have one finding that had to do with one minor item within the Transit Department. Again, not a -- it's a significant deficiency. It's not a material weakness, so that's important to understand. No management letter comments or suggestions of improvement. And then, finally, an unmodified opinion on the compliance with investment statutes and with E911 expenditures. So, overall, a clean report. Kind of a reminder to you about the estimates that are embedded in your financial statements. So there's a lot of things in there that do require estimates, self-insurance reserves, pension liabilities, post -employment liabilities, the allowances for your receivables, depreciation, and landfill closure costs. So, again, those are not hard numbers, but estimates, and we rely on specialists in most cases on those estimates. There were no difficulties encountered during the audit, no disagreements with management during the audit, which is always good. And then, finally, I do want to extend our appreciation to the Clerk and her team, the Finance Department, the County Manager and his team, and the number of folks that we visit in their departments. They definitely cooperate, they assist, and they help us get the audit done in a timely fashion, so thank you to all of you for the assistance for the audit. Page 24 February 26, 2019 And that's kind of the real quick overview. CHAIRMAN McDANIEL: Very good quick overview. Commissioner Fiala. COMMISSIONER FIALA: Yes. Once again, Marty, you've done a great job. You get to the point, you get everything done, you do a fine job, and we're all happy that you're here with us. So I make a motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept and approve the audit report. Thank you. Any other discussion? Madam Clerk, forgive me. I didn't realize you were weighing in on this vote. THE CLERK: No, I'm not weighing in on the vote. Go ahead. CHAIRMAN McDANIEL: No, no. Come on. I'm joking. THE CLERK: I would like to recognize the staff. They're very backward. We have to force them to come down here; stand up, one. CHAIRMAN McDANIEL: All of you stand up. THE CLERK: They don't want to do it. But they work all year with all of your departments. We have a great relationship with the -- (Applause.) CHAIRMAN McDANIEL: Thank you very much. THE CLERK: And it takes this many people working hand in hand with your staff and departments through the County Manager's Office, and they do a great job in getting it done in February. CHAIRMAN McDANIEL: Smile. There we go. We've got to have a smile. COMMISSIONER FIALA: And why were you rushing to get it done early this year? THE CLERK: It's very important to get the numbers out for any debt, bonding, any other borrowing that you intend to do. The sooner we have those reports done, the better we're able to provide them to Page 25 February 26, 2019 the lending agencies, and so February is good to get it done. COMMISSIONER FIALA: Thank you. CHAIRMAN McDANIEL: Outstanding. Thank you all very much, again. It's been moved and seconded that we approve the audit dnu - accept the report. Any other additional comments? �+ (No response.) CHAIRMAN McDANIEL: All in favor? 0 COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: I will say, on behalf of the staff, it's nice to see the finance staff here because we get a chance once a year to see them all smile. They're a great help to all of us, and we appreciate it. Item #I OB — Added WAIVE ANY FAILURE TO MEET ANY CONTRACT DELIVERABLE, AND TO AUTHORIZE PAYMENT OF OUTSTANDING PAY REQUESTS FOR ECONOMIC INCUBATORS, INC. TOTALING $87,897.65, AND TO PROVIDE DIRECTION ON FUTURE CONTRACT DELIVERABLES — MOTION TO MAKE A ONE-TIME WAIVER OF THE CONTRACTUAL DELIVERABLES THE CLERK POINTED OUT, HAVE THE CLERK MAKE THE OUTSTANDING PAYMENTS AND BRING BACK THE CONTRACT AT THE FIRST MEETING Page 26 February 26, 2019 IN APRIL FOR DISCUSSION — APPROVED MR. OCHS: Mr. Chairman, then, that would take us to our next time -certain item. That's Item IOB. That was an item that was added to the agenda by Commissioner Saunders. This is a discussion regarding contract deliverables and outstanding payment requests for the Economic Incubators, Incorporated, and I'll turn this to Commissioner Saunders. v COMMISSIONER SAUNDERS: Thank you, M vliairman. Just real briefly, because I know we're going to hear some comments from staff and the Clerk's Office. My goal -- I've said many times that I have some issues with the way we handle economic development and have brought that before the Board on a couple of occasions, and I've said publicly at these meetings and elsewhere that I'm supporting EII in this budget cycle at the level that we funded EII but that I didn't feel any moral or legal obligation to support EII in our next budget cycle if I wasn't satisfied with the performance and the deliverables that they are contractually obligated to provide to the county. And so there's no Vcret about my concern about going forward in the future. My concern, and the reason I brought this up today, is that I do feel that the Commission has a commitment to EII to keep them funded and in business this year, as long as they are meeting their obligations. And so my understanding is that EII has failed to provide some information or has failed to communicate properly and, because of that, they haven't received some of the pay requests -- funding for some of the pay requests going back, which puts them in a position of jeopardy in terms of closing their doors if funding doesn't continue. And so what I wanted to find out is -- from the Clerk and from our staff as to what the situation is and if there are contractual issues Page 27 February 26, 2019 that we can deal with this morning so that we can continue to pay EII. I want the Board to have that opportunity. If we don't do that today, then my concern is that the board of directors of EII will come to us tomorrow with the keys to the EII and say, we're done. I just don't think that that's the proper way for an enterprise like that to down. So that's the reason why I brought this here. I'd like to find out what their issue is and see if we can resolve it so we can go forward at least through this annual budget cycle. CHAIRMAN McDANIEL: I'm ready. And have speakers? COMMISSIONER SAUNDERS: I hop( CHAIRMAN McDANIEL: Presentatior staff? (No response.) COMMISSIONER SAUNDERS if there are none, then I just need to know what the issue is. CHAIRMAN McDANIEL: Wait. I've got speakers and commissioners, and I have things to say. COMMISSIONER SAUNDERS: Oh, okay. Good. CHAIRMAN McDANIEL: I didn't know if there was going to -- if you had -- if there was going to be a presentation from staff or anybody else. COMMISSIONER SAUNDERS: Nobody was jumping up. CHAIRMAN McDANIEL: Okay. Nobody was. So let's just go right into -- Commissioner Fiala, you're first. COMMISSIONER FIALA: Oh, okay, fine. I'll go, although I'd love to hear what you have to say as well. Anyway, were you saying something, Leo? MR. OCHS: No, ma'am. COMMISSIONER FIALA: Okay. Each time we come up and they ask for another degree of money and each time that they haven't Page 28 February 26, 2019 met their deliverables and we give them again, and we say this is the last time, and we continue to give them the money. Well, you know, that's just -- I don't know when this stops. I know the last time that we said it, I said never again. I just won't do that. I just feel that we're not helping them continually feeding the people who can't get it done. And I don't know what prevents them from getting it done. I've asked in the past what businesses have they brought here, what have they done to help the economy in Collier County. I haven't seen those -- I haven't seen the answers to that as well. And I just feel that we're not helping them by continuing to feed it. I just don't think we should be doing that. So that's my first comments, and I'll talk later. CHAIRMAN McDANIEL: Okay. And, Crystal, you're next on the list. 0 CLERK KINZEL: Thank you, Commissioner. CHAIRMAN McDANIEL: Clerk of Courts. CLERK KINZEL: Thank you, Commissioner Saunders, for bringing this forward. %, I want to put on the record several things: First of all, the indication that we are behind for all of the payments for '19 is inaccurate. We received Payment No. 6 on February 1 st, Payment 7 request megoed (sic) on February 6th, and 8 and 9 were approved by the county staff on February 20th. None of those would be due until after March 18th according to the Prompt Payment Act based on our receipt of an approved invoice for payment. The one element that we have not paid was from their contract from last year, and they failed to meet three deliverables as articulated in your contract. Now, I understand they've submitted a different page. And let me just read what they say in Paragraph 2. "It's the opinion of EII management and the board of directors that all Page 29 February 26, 2019 services required by the contract were provided and met. Deliverables linked to the budget estimates were not fully achieved due to unforeseen circumstances and events, although some budgeted revenue estimates were not met." So they tell you initially they met everything and it's their opinion, and they go on in their own document to tell you they tb6 not meet their revenue requirements. If you'll recall, over a year ago you put in very minimal measurables. This entity was not required to produce jobs, any certain number. They were only required to report them. They've been problematic in even reporting them. If we go back to the beginning of time, they've been in business for five years. They didn't even have financial statements for several years. Our office has worked with this entity for five years. I understand that you wanted tQ fund them, but I continue to pay. And let me tell you, we've paid over 87,000 to Kraft Construction -- not construction, I'm sorry, Kraft, LLC, I believe, for their rents for this fiscal year through February. We have paid their salaries October, November, and December, because deliverables were not due until January 31 st. When we receive4hose deliverables during the month of January, they had failures on what they were required to produce. They have -- I mean, if I go back, they've never corrected the zoning, which has been an issue, and they've known it for years. They have had tenants that weren't even vetted or appropriate for the license of this property because it isn't zoned correctly. Every time there is a cash-flow crisis with this entity, they come before you, and it's the Clerk that will not pay. We have worked with them. We reconstructed their financial statements in the beginning to help them out. We've actually gone and helped them with QuickBooks to try to get financial information out of this entity, okay. Page 30 February 26, 2019 Are they making improvements? I don't know. They're leasing to people like the $99 associate memberships that they're getting some funding from are entities that are already active, the NAACP and other organizations and nonprofits throughout Collier County. That doesn't even seem in relationship with the economic incubation or acceleration that was the principle of your plan. When they brought this plan forward in 2014, they told you they would need a couple hundred thousand dollars a year for a couple of years, and then they would be self-sustaining. We found out last year when you approved their budget that was not the case. But they did submit a plan to you that said they would go down to 600-, then 500 - and 400-, 300-. They have since submitted another business plan that says, no, we will never be able to do this without 600,000 of the county's funds coming forward. 0 I am uncomfortable continuing to make payment under these circumstances. Having said that, those four payments that they're asking you for and reporting as the Clerk's not paying aren't even due until March. But I'm glad this came forward to the Board, because I do want an understanding of why we see a fall short on their deliverables even though they're not required to report until the end of a quarter. We gave them that to help with their cash flow. We've been paying their salaries. We've been paying the rent and their salaries for three months, and they're still unable to generate enough revenue to carry a pay period forward after five years of being in business. And I find it very difficult to call that a legal payment according to your contract and what you expected from the accelerator and incubator. So I'm glad you brought it forward. I'm willing to listen to anything that you have available, but I am a little disappointed in some of their -- again, their assertions. The Clerk has withheld payment citing unspecified errors and inefficiencies. Number one, Page 31 February 26, 2019 we don't look for inefficiencies. We look to see whether they're meeting the purposes that you've articulated. We articulated in a letter dated December 28th every undeliverable that they had not met from last year's contract, 3, 5, and 7. We've got nothing from county staff, we've got nothing from entity regarding those deficiencies since December. So, you know, I am where I am. I'm very frustrated, as I'm sure you are. I support economic development 100 percent. I will tell you, we pay Arthrex. We audit Arthrex. They're a giant conglomerate. We go right to their payrolls. We are able to audit them. They're able to prove that they've created the jobs. We pay the Chamber. We've gone to their location and audited them. We've paid them without problem. This entity has been a problem since the beginning, and it does not appear that it's getting any better. While they've made some revenues, they're still behind. They have receivables outstanding of over 800,000 totally unrelated to anything in the Clerk's Office, and while you as the Board of County Commissioners have paid their rent every month on time for the Kraft facility on Pine Ridge, they have not been routinely paying their airport lease. As a matter of fact, they usually try to catch that up when we say you haven't paid it for months. So I think it's a little disingenuous to say the Clerk is creating their cash-flow problems. This entity has had a sustainability problem based on their model from the get -go. And I needed to bring that to the Board's attention because I'm not comfortable continuing the payments when it's not meeting what you've articulated. CHAIRMAN McDANIEL: I have a question for you -- THE CLERK KINZEL: Sure. CHAIRMAN McDANIEL: -- if I may. You mentioned multiple times that there are at least three deliverables that are in Page 32 February 26, 2019 question that are giving you angst in the payment. Could you -- CLERK KINZEL: That was in the last year's -- sure, I can provide a little more information. Deliverable 3 was that they were to meet 150,000 in rF Ictii,�vr Naples; they met 122-. They were supposed to have 50,000 in. revenue for the Immokalee incubator; they made 10,000. They fell short in their donations and private contributions as well as their revenues that they were supposed to generate. They submitted a revised business plan, but that business plan did not comply with the plan objectives, nor did they articulate to you how they planned on meeting the deliverables. So while they submitted to you a piece of paper -- and, again, I say when they submitted that last year so that you would fund them as a budget amount, they told you, oh, sure, we'll go down each year; we're going to make trends towards being sustainable. They've since revised that to say, no, they have no hope of doing that without your continued 600,000 -a -year support. And No. 7, jobs reported. They've reported 64, 68, 6 million in capital investment. Toylate we've been unable to verify and validate all of those positions exist. So I bring that all forward. We have talked about this over the years. Mr. Brock was here. We have tried to work with this entity. Again, I've paid their salaries on the basis of the representations that we were going to improve what was happening, that we wanted to give them a fair chance to be sustainable, and I believe we've gone out of our way to work with them. But these are significant issues for a significant amount of dollars, and I think the Board needed to be aware of that. I'm also a little disappointed that the recommendation on the executive summary is to waive any failure to meet their deliverables. So I was just wondering, is that -- you know, every vendor in Collier Page 33 February 26, 2019 County might want that opportunity that if they don't perform or don't do their job, we'll go ahead and pay them anyway. So I do have a little bit of a problem with that waiving. But I can't -- I can't think of a way that it meets a public purpose. But if you can provide me something, I'll be glad to work with you. CHAIRMAN McDANIEL: Thank you. Madam Clerk, forgive me. I called you Crystal at the beginning of all this. I'm sorry, Commissioner Taylor. o COMMISSIONER TAYLOR: I'm going to get specific now. With Payment No. 8 and 9, you -- I think you indicated that Payment 8 and 9 have been approved; is that correct? CLERK KINZEL: By your county department as of February 20th. We have not passed on them because of the deliverable issues that we have wit%their revenues not meeting a quarterly basis. r% -1k Now, your contract does say that they have to meet this over the course of the year; however, prudent contracting, you would not continue to pay an entity all year only to have them fail in their deliverables at year end as they did in 2018. We're bringing this up now, first quarter, gaveAem the salary, paid their rents, and they're still not able to generate enough revenue to be cash sufficient. COMMISSIONER TAYLOR: Can you tell me what -- the amount of the salary and rents that you've paid the first quarter so far. CLERK KINZEL: We've paid 87,000 in salaries and 84,9- in rent payments for a total of 172,7- through February for rent and through December for salaries. COMMISSIONER TAYLOR: Okay. So at this point you are not putting forward Payment No. 8 and 9; is that correct? CLERK KINZEL: We have not paid 6, 7, 8, or 9. COMMISSIONER TAYLOR: And 8 and 9 specifically is because of the concern you have of the full year? Page 34 February 26, 2019 CLERK KINZEL: All of that. Six, 7, 8 and 9 are all of the current year where the first-quarter deliverables are not showing any significant improvement in revenues or sustainability of the entity in the future. COMMISSIONER TAYLOR: And to my -- to Commissioner Saunders, it was my understanding -- and help me with that. I guess I'm going to ask what your intention -- was your intention that we were going to pay the EII the $600,000 whether or not they meet deliverables? _ COMMISSIONER SAUNDERS: Well, no. Of course, that's not my -- Y, COMMISSIONER TAYLOR: Okay. y COMMISSIONER SAUNDERS: -- intention. COMMISSIONER TAYLOR: That's what I understand. COMMISSIONER SAUNDERS: You asked me a question, and I'm going to -- this is not a yes -or -no question. COMMISSIONER TAYLOR: Okay. COMMISSIONER SAUNDERS: I do expect them to meet their deliverables. I do understand that in terms of revenue and in terms of donations, those are difficult and you don't get a 12 -month -- if you have a requirement for donations, say it's $120,000 over a year, that doesn't mean you're going to get $10,000 per month. And so we have a deliverable that I think is a little bit vague. And so I have no particular issue with understanding they haven't met those deliverables for revenues. That doesn't give me any concern in terms of continuing to fund them. MR. OCHS: Mr. Chairman, I don't mean to interrupt, but you have members of the EII board and staff here that are available to answer some questions or provide some information as well. CHAIRMAN McDANIEL: Yes, sir. Thank you. Is your question answered for now with Commissioner Page 35 February 26, 2019 Saunders? COMMISSIONER TAYLOR: No. I just needed to make -- because -- and I wasn't trying to put you on the spot. I just wanted to make it very clear that the payment of the $600,000 that we all agreed -- I think it was unanimous. I don't remember. But it clearly the Board spoke -- that we would fund them that $60" but we didn't say that that would not be audited or that any performance would be waived, and perhaps that was a mistake we made. But I don't know how you waive a contract for one vendor and not have every vendor in Collier County coming to us and say, well, you did it for them. So, you know, I'm challenged here. And I'd like the Clerk -- CLERK KINZEL: Well -- and, Commissioner Saunders, the only issue that I would raise, when you -- when you approved and committed to this budget late last year through the budget cycle, we didn't have their year-end numbers, and I believe if you go back and look, they were committing that they had donations available and they had things that just hadn't come in yet. They did not come through even after year end. So this is another moment in time ahead. Based on the commitments and the representations they made, as well as the agreement with the Board, we did continue to pay them. But I think it's relevant that we address it now. COMMISSIONER SAUNDERS: And, Mr. Chairman, let me just respond to one comment from Commissioner Taylor, because Commissioner Fiala made the same comment, I believe. If we decide that on a particular contract, this contract in particular, that there is a deliverable, in this case donations and revenue, if we decide that that's an annual commitment and we're not going to fail to -- or refuse to continue paying them because they Page 36 February 26, 2019 haven't met that deliverable on a month-to-month basis and we waive that -- what we perceive that to be as a contractual obligation, that has no bearing whatsoever on any other contracts. And to suggest that if we waive something for one contractor, then we have to waive it for others is just -- I mean, I hate to say this, but that's an absurd conclusion. It's no different than when we do a land -use issue. People say, well, that will be a precedent. Well, it's not a precedent. Each contract, each case is different. It's a -- what we do on this contract is not going to bind us on anything we do on another contract. So I just wanted to be clear on that. CHAIRMAN McDANIEL: I would agree with that. And, Madam Clerk, did you have another statement to make before I go on? CLERK KINZEL: I'll wait. CHAIRMAN McDANIEL: I think you've made your point. Commissioner Solis. COMMISSIONER SOLIS: I just want to -- I just have a couple things. One is, if the contractual deliverable is on a yearly basis and that's what the contract requires, to now judge this on a quarterly basis or a monthly basis is adding terms to an agreement that we've approved that's not there. I mean, that's just -- that's what it does. That's a policy issue, and I think that would be up to us as the Commission to do that, and we haven't done that. So, number one, I think -- and I agree with Commissioner Saunders that waiving any kind of shortfall in the deliverable, especially on a yearly basis, it's not precedential in any way. I'd like to go back to the shortfall. As I understood it, there were three deliverables. One was 120- -- 150,000, and they were at 122 -- CLERK KINZEL: Correct. COMMISSIONER SOLIS: -- is that correct? So the shortfall is what? Page 37 February 26, 2019 CLERK KINZEL: 122,998. COMMISSIONER SOLIS: So the shortfall is what? CLERK KINZEL: Thirty thousand; 20-, 309000. COMMISSIONER SOLIS: Twenty -some -odd thousand dollars. That's the issue that we would be waiving. The next one was how much? C. CLERK CRYSTAL: Forty thousand shortfall -- about 39,5 - shortfall. 0 COMMISSIONER SOLIS: Thirty-nine five. And what was the third one? CLERK KINZEL: Well, that was just for Item 1 of your deliverable. Then the revised business plan was the next issue, and the reported job validation was the third issue. COMMISSIONER SOLIS: Again, I think that what -- adding a term to a contract that's not specifically written in there is not something the courts even do. CLERK KINZEL: But, Commissioner -- COMMISSIONER SOLIS: Number 2, excuse me. CLERK KINZEL: But -- CHAIRMAN McDANIEL: No buts. No buts. COMMISSIONER SOLIS: Number 2, am I -- is there a specific provision -- and maybe this is for the County Attorney or the Manager. Is there a specific provision in the contract that says that there will -- that there's a specific time frame for EII to be sustainable? Is there a specific time frame? MR. KLATZKOW: The agreement's not intended for EII to be sustainable. COMMISSIONER SOLIS: Okay. So this issue that we keep talking about, their future sustainability, is also not necessarily something that's written into the contract? MR. KLATZKOW: No. Page 38 February 26, 2019 The idea is that you've got this economic incubator, and we understand that they're not going to make money, all right. COMMISSIONER SOLIS: Okay. That's a policy decision. MR. KLATZKOW: That's your policy decision. And every year you look at this and you say, okay, has there been enough going forward that we should fund this again? And then you make that decision. Now, one time in the future, perhaps, you may wishii to be sustainable. . S, COMMISSIONER SOLIS: Sure. M�o MR. KLATZKOW: Okay. But every year you'll look at your budget and you'll say, based on past experiences, based on what they've been doing, based on the reports they've been giving us, do we want to continue subsidizing this busiess, and that's your decision. Economic incubators don't make money. That's not -- that's not the point of them. If they made money, they'd be in the private sector making money, okay. They're there for the county to develop businesses, develop jobs, and to enhance the economy in general. If an incubator by jos nature was profitable, they wouldn't be coming to you for money. They'd be in that business themselves. I mean, Silicone Valley does this. They have incubators out there for their high-tech, and they have people that invest in them. Collier County, like many counties, has its own little program trying to get these things off the ground. COMMISSIONER SOLIS: And EII is also a non-profit corporation, correct? MR. KLATZKOW: Yes, I believe they are. COMMISSIONER SOLIS: So it's not intended -- it's not even formed as a for-profit entity. MR. KLATZKOW: No. Page 39 February 26, 2019 COMMISSIONER SOLIS: Okay. Okay. I agree with Commissioner Saunders. I think this is something that we've decided from a policy standpoint that we need to invest in. Every single county in Florida is involved in economic development. If we want to diversify our economy, it's clear that we need to do this. And to not do it in a way that is totally disruptive and puts into jeopardy the commitments we've made both in terms of EII and grants and things that have also gone into this endeavor, I think, would be extremely unwise. So I support Commissioner Saunders' proposal that we waive the deliverables in this instance and we move forward with this, and we'll have to continue to reassess this on an ongoing basis, like we should, and move it forward. CHAIRMAN McDANIEL: Thank you. Commissioner Taylor. if -k 1, COMMISSIONER TAYLOR: Commissioner Solis, so are you suggesting that specifically with these, I guess, five outstanding payments that we waive any kind of deliverables and -- but going forward there still is auditing, or are you waiving the auditing of this vendor? COMMISSIONER SOLIS: No, no. I mean, we're -- I'm agreeing with Commissioner Saunders' recommendation that we waive the deliverables to -- and, as I understand it, that we went through the numbers. I don't think it totals $100,000. COMMISSIONER TAYLOR: Eighty-seven. COMMISSIONER SOLIS: And these are supposed failures on a quarterly basis, as I understand it, not on the year; just those issues so that we can move forward in an orderly fashion. At the end of the year they will have to address whether or not they met their deliverables for the year, and we move forward. I'm not suggesting that there shouldn't be auditing of any of it. Page 40 February 26, 2019 I'm just suggesting that I think Commissioner Saunders is correct that we should waive these deliverables that they haven't met so that we can continue to move forward and hopefully this will continue, you know, to improve. These are not -- these are not money -making endeavors. I it's still a rule of thumb that even for-profit businesses don't makes money in the first five years that they're formed. So I think we need to keep that in mind as well. CHAIRMAN McDANIEL: Thank you. You okay with that? COMMISSIONER TAYLOR: Okay. So I just want to reiterate, very succinctly, we're not waiving the auditing function? The Clerk is entitled or emboldened or has a right to continue to audit this entity, but these specific payments sitting in front of us are what we are considering waiving, and, going forward, the Clerk has the right to withhold any payments if it's not meeting the terms of the contract? COMMISSIONER SOLIS: I would agree with that, and I think Commissioner Saunders wants to add something. But, again, the terms of the contract as written, not additional terms that are being added in, arguably, by *e Clerk because there's no requirement in there, and if there needs to be one, then we need to include one. But there's no requirement that they meet these deliverables on a month-to-month basis. It's a yearly basis. COMMISSIONER TAYLOR: Yes, because this entity is dependent upon reimbursement? COMMISSIONER SOLIS: Correct, right. COMMISSIONER SAUNDERS: Could I make one comment? CHAIRMAN McDANIEL: Well, there's two ahead of you. COMMISSIONER SAUNDERS: Okay. Right. I just wanted to -- on the Clerk's role here, because that was brought up. I believe that the Clerk's role is essential -- Page 41 February 26, 2019 COMMISSIONER SOLIS: Sure, absolutely. COMMISSIONER SAUNDERS: -- to a good operating county government. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SAUNDERS: The Clerk's auditing function is critical and has to continue. This is not an issue of whether there's a dispute with the Clerk over auditing authority. It's a question of whether or not we see things quite the same way as the Clerk does in terms of these deliverables on this individual contract. You know, I've always said that having the Clerk audit our business makes us more aware of what we're doing, makes us more careful, and also gives us somebody we can point to if there's a mistake. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: So it's good for everybody. So no indication of any interference with that at all. I just wanted to make that comment about the Clerk's role. COMMISSIONER SOLIS: I agree completely. COMMISSIONER SAUNDERS: And the Clerk does an incredibly good job forgs, so this is not a criticism at all. CHAIRMAN McDANIEL: We're going to go right to her. CLERK KINZEL: Thank you. I do just want to clarify a couple of the things, Commissioner Solis. The shortfalls in those revenues and deliverables that are the 150,000 and whatever, that was the end of the annual contract last year. So you had this language in last year's contract that said, oh, we'll do it by year end, we'll do it by year end, we'll do it -- by September 30th they didn't do it. So looking forward to the money that you've then committed this time, you've given them -- it says, that they'll annually do that. But prudent contracting -- and while 287 Page 42 February 26, 2019 isn't really local government prominent, it certainly gives guidance to the components of a contract and agreement. So there should be some deliverables, some evidence of something. And your County Attorney told you very specifically, you know, their job is to create jobs. Well, actually not. Since the beginning of your agreement with EII, they've never been required to produce a job. They've only been required to report one if they get one to you, which I found ironic at the beginning of the contract because the county had a certain obligation under their contractual agreement to produce the jobs, but that contractual requirement was never passed down to EII to perform. So, where you might expect that an accelerator or an incubator would, in fact, generate jobs, they've never had that requirement to even do that, and they don't have that requirement in this current contract moving forward for this year. So that's where I go back to the participants that we're seeing in this reporting, the $99 virtual of the nonprofits; NAACP, some other people within -- that are already existing in town don't even seem to be in compliance with the essence of an accelerator or an incubator. Now, you know, vye went through this for the last four -and -a -half years, and we've worked with you, as I said, over and over pointing out some of these issues with the grant questions that we had for the Immokalee facility, some of the things that we have seen over the course of the four years. So to say that you have no deliverable and we should just keep making that payment all year -- and what happens if they don't make it? Because you don't have a provision in your contract either that is a penalty term. So if they don't make those, do we claw back? Most grants have a clawback provision if you don't perform, so — CHAIRMAN McDANIEL: We have a contract. We have a Page 43 February 26, 2019 contract for right now. You're heading down another -- you're heading down another path we don't need to go right now. CLERK KINZEL: No, but these are all the issues where it isn't as simple as it doesn't say it's quarterly; it just says that they'll do this this year. ' CHAIRMAN McDANIEL: Right. CLERK KINZEL: There really should be some evideri�e�before I'm cutting a check for a payment. o CHAIRMAN McDANIEL: Commissioner Saunders -- you all set? I don't mean to cut you short, madam. CLERK KINZEL: No, no. CHAIRMAN McDANIEL: Commissioner Saunders, you were lit up before. Was that before, or do you have something else? COMMISSIONER SAUNDEJS: No, I think that was before. I wanted to just make sure that everyone understood. This is not a -- this is an issue of an individual contract -- CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: -- and a contract that may not exist after this budget year. And this is in no way a criticism of the auditing function or the ,.klerk's role. And, as I said, I think those are very important roles, and our clerk does a great job with it. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SAUNDERS: We just have to have -- we simply have a little bit of a problem with an existing contract that we're trying to resolve. CLERK KINZEL: And I agree. I appreciate it. We've been working with you and with staff, as I said, and with the EII over and over. So -- but I do think it's our role to bring it forward when there's a criticism regarding the payment. CHAIRMAN McDANIEL: And just to bring it around full circle, if I may. Page 44 February 26, 2019 You know, my first year serving as county commissioner, the Clerk informed me of the issues with the existing contract. There originally were job -- if my recollection is correct, job requisites and creation and capital investments and so on and the like, and those prerequisites, those deliverables had been whittled down to a poi when I became commissioner that the only requisite for the `Z� subsidation from Collier County was that EII maintain two full-time employees. There were no other deliverables there. r 0 I pulled that agreement. I remember -- I remember County Manager and I going back and forth on that. I, over the summer, added some rather innocuous deliverables to the agreement so there was something, and then Commissioner Saunders, you pulled it and added more, and that was leading us up to, in fact, where we are. So one of my suggestions for today js -- because there's multiple entities that are here. We have the incubator operation in Immokalee, which is even newer than the Naples operation. And because they're all combined, because they're all one, one of my thoughts were, Commissioner Saunders, if we could -- if when we get to the point of the recommendation down here, if we could eliminate that first part with regard to the waiver of any failure and any contract deliverable, that specificity, to me, puts us in a position where we could -- it could be contended that we're waiving those things for a contract failure and -- but allow for that $87,000 to be paid because the contract has deficiencies. We all know that it has deficiencies, and these are annualized deliverables that, on a quarterly basis, may or may not be made up once we get to the end of the year. I think that would make me feel a little bit better about supporting this payment. COMMISSIONER SAUNDERS: My goal was to find out what the contractual deliverables were that were not being met. I think the Clerk has outlined those. I don't know if there are any others, but I'm Page 45 February 26, 2019 assuming those three or four that were outlined by the Clerk are the problems that we're having with the payment of these particular requests. At some point I'm going to make a motion to waive those contractual obligations as outlined by the Clerk. I'm also going to add to that motion the finding a public purpose so there's a clear statement of public purpose so the Clerk will have that affirmaticN- from the Board, and then we move forward. Now, if there are other contractual deliverables that &,&Spot on that list, then my goal is to find out what those are this morning so we can deal with it. This executive summary is not my executive summary; it's staff s executive summary. And I understand the statement being very broad. CHAIRMAN McDANIEL: It said it's prepared by you, so I'm just assuming at the bottom, prepared by Commissioner Saunders. COMMISSIONER SAUNDERS: Oh. I didn't even see that. COMMISSIONER TAYLOR: That's why I asked that. COMMISSIONER SAUNDERS: I read it. I didn't prepare it. And, quite frankly, I didn't see the word "any" contractual deliverable as I read it very quickly this morning. CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: So that's my bad in terms of not reading it carefully. But I don't -- I agree with you, saying that we're going to waive any contractual deliverable is not proper, but I'm talking about the ones we're dealing with right now. CHAIRMAN McDANIEL: Whatever are necessary to allow her to make the payment of the 88,000 or so. COMMISSIONER SAUNDERS: And move forward with this, yes, that's correct. COMMISSIONER TAYLOR: And hence my Page 46 February 26, 2019 question to you. So I think you understand why I asked you for your clarity on what you intended based on the wording here. So I'm delighted that that -- it's not as it's written here. COMMISSIONER SAUNDERS: I actually read this this morning, and I didn't get all the way down to the last line there, which probably was the most important one that I should have read, but I'll be more careful next time. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. I think maybe what -- we've all had an idea of what an economic division would do, creating jobs, creating opportunities for jobs, maybe starting new businesses or encouraging new businesses. Well, maybe we don't all understand what we're really doing, because I think it's kind of different, As you all said, it's never a profit-making department, okay. So then it's not department -- then what is expected of them? Are they delivering what is expected of them? �YK I was surprised to learn ' they sell cannabis oil now. That -- I didn't realize that that wash function that would be a good function. And, quite frankly, I doyi't agree with that, but anyway, nobody's asked us. And then what jobs are they creating? Maybe -- I've asked before to the staff members, I said, just tell me what job you've created or what business you've helped or, you know, what -- because all businesses, I think especially starting new when they've never had a business, need guidance and need help. But from what I'm seeing, we need guidance ourselves rather than teaching it, and so anyway. CHAIRMAN McDANIEL: Well said. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN McDANIEL: Madam Clerk, your light is up. Page 47 February 26, 2019 CLERK KINZEL: It was just in response to clarify what -- Commissioner Solis' understanding, because those deficiencies of the money were from the last agreement. I will also say there are current and ongoing deficiencies that have not been addressed, and -- for example, the zoning issue. CHAIRMAN McDANIEL: I think we're going to get to, those when we get to the actual budget and the renewal of t contract and the like. 0 So, Commissioner Saunders, did you make a motioyet? 4i COMMISSIONER SAUNDERS: I did not. I don't know if there are any public speakers or anything. CHAIRMAN McDANIEL: Do we -- MR. MILLER: I have no registered speakers for this item, no. COMMISSIONER SOLIS: MI. Grant's standing up there. I don't know if he wants to say anything or not. MR. GRANT: Commissioners, Dick Grant, the volunteer unpaid Chairman of the Board of EII. This is not really our item. The honest fact of the matter is whether you find the performance of EII to be compliant or satisfactory, I think we*n't really agree that not achieving fundraising goals is a delivery failure. We've provided all the services we're supposed to be providing. Maybe we haven't generated private fundraising at the level required. I think we're actually ahead of our business income right now. But, really, the goal of these things is to try to create jobs and try to create companies that succeed. The real reason for this today is because we informed the county staff over a week ago that we're out of money, okay. We cannot make our current payroll, okay. We have people who are due to be paid on Thursday. We don't have enough money in the bank to pay them. And we will have to do something that none of us really wants to do, which is to furlough people. And unless im February 26, 2019 some way can be continued to allow the facilities to be properly staffed, we're not going to be able to keep the doors open. And I don't say that as a threat. I just say it to be factual. CHAIRMAN McDANIEL: We don't take it as a threat, sir. We appreciate your candor. MR. GRANT: I'm being completely candid. I mean, I saw this coming two weeks ago. That's why I brought it to the county staff. So I think what I would like to suggest for your consideration -- and we've told the Manager this. I've sent him emails. It's in written material. We're well aware of the concerns. We're well aware of the problems. We undertook an effort back at the beginning of the year to try to go out and reach out to other accelerators around the state, in other states and learn more than we already knew about how good accelerators are supposed to operate] The County Attorney kind of said it right out front. They're not here to make money. They're here to try to create jobs. I'm not sure anybody can ever guarantee that jobs get created. You know, you try; you do your best. If that doesn't work, you change. And we have told the County Manager that we're generating a white paper, which is going to be a soup -to -nuts review of what these things are all about, how they should work, good practices, best practices, ways to do things better, ways not to do things that we've been doing that maybe don't work. We hope to get that to you in March. One of the facilities that we visited was at the University of Central Florida in Orlando. Ms. Pellechio and I and another member of our board spent a day up there. It's a very impressive operation. We learned a lot of the gentleman who runs those incubators. And there are eight of them in the Central Florida area in different communities. They're all supported by different counties and cities in Central Florida. Job creation is their mission. Page 49 February 26, 2019 He's prepared to come down here, talk to us. He welcomes the opportunity. I'd like to suggest that we get you this white paper and you then consider whether these things are worthwhile. If they're not worthwhile, that's your judgment. You know, we didn't create EII. None of us on this board created it. It was created because the County Commission at the time asked to have it created. We' f simply here as volunteers trying to make it work. CHAIRMAN McDANIEL: Thank you very much., MR. GRANT: I don't know what else to say. CHAIRMAN McDANIEL: I appreciate that, Mr. Grant. Your candor is very much appreciated. Commissioner Fiala, I think you have a -- Richard, don't go away, please. COMMISSIONER FIALA: I just -- I understand what you've said. MR. GRANT: Sure. COMMISSIONER FIALA: You know, we want to encourage them if this -- if this is -- if this department can do the work it's designed to do, you know, I think we'd all feel very comfortable about supporting it. Cq,*1d you tell me some of the jobs, maybe even just a couple jobs that they've created? MS. GRANT: Well, we gave the County Manager some facts two days ago on Monday, which I can try to find here. CHAIRMAN McDANIEL: Could I ask that we not -- that we move forward with this actual item. I mean -- COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: Because, I mean, we're going to have a lot of discussion about this during your budget hearing processes when they come back before us with the renewal of the contract, and we can have those. Page 50 February 26, 2019 COMMISSIONER FIALA: The reason I asked that is because this is what Dick Grant was stating, and I thought that would help me to make a decision as to how to vote, but if you would like to put it out, then that's up to you. CHAIRMAN McDANIEL: No. If it's a requisite of w. not you're in support of -- COMMISSIONER FIALA: Yes, it is. _ CHAIRMAN McDANIEL: -- payment or not, then,Vl ase, if you have a few more minutes to share with us. (Multiple speakers speaking.) MR. GRANT: I cannot tell you -- I cannot identify a specific job. I can tell you that as of November of 2017 there were 51.3 jobs that were validated by the state under one of the grants, okay. Now, that's almost a year -and -a -half ago, and my first question when I was given those figures is, what in the heck has happened since November of 2017? And I understand we've reported that to the county staff and that there's some process between the county staff and the Clerk about whether those figures can be said to be -- I'm not the one prepared to tell you what the data is since then. I don't know. I don't keep the figures COMMISSIONER FIALA: Maybe Leo would know what jobs have been created, being that he was in part -- a part of that. MR. GRANT: Well, I can give you the names of some companies. Jennifer can probably speak to that, too. COMMISSIONER FIALA: I'm just curious, because then, you know, it's easier to give the money if you can see that the function is working. CHAIRMAN McDANIEL: Right. MS. PELLECHIO: For the record, Jennifer Pellechio. I'm the President of EII. I'm going to talk as EII as a whole, but I'm going to address Naples and Immokalee separately quickly. Page 51 February 26, 2019 CHAIRMAN McDANIEL: Briefly. MS. PELLECHIO: So briefly I want to talk about Conex Pay, which is a new company in our facility. I believe -- now, I'm not going to say validated, but I believe he has four new jobs. They've got over a million dollar in investment in just this last year. They're going to move into Collier County somewhere. That is our goal. COMMISSIONER FIALA: Well, they don't live here now? MS. PELLECHIO: No, they do, but I'm saying to move out of the accelerator. Our goal is to move them out of the accelerator. They shouldn't be in the accelerator for 10 years. I mean, that's not the goal. "44N1, So then, at the culinary accelerator we have a company, Judy's Bakery. She just opened her bakery in Naples. And then we have -- I don't knqw if everybody's seen the papers, but it's been all over the place, Crazy Crops. I mean, that is -- I mean, that's an awesome success. Now, does she have a ton of employees? She can be considered an employee. I believe she has two employees but, you know, just like anything else, I mean, that's the goal. Is it two? Is it 10? Is it 50? CHAIRMAN McDANIEL: And the lady that started the salsa company. MS. PELLECHIO: Oh, right, Carina's. And her employees range -- some weeks it's five. Sometimes it's three. Everybody's a small business. They're trying really hard to grow their business. And we offer guidance; we offer mentoring. We don't have it all in-house, as you all know. We have five staff members. But what we do have is we have access to all of our universities. We also have access to our mentors, our board of directors. People who come into our program love the fact that I can tell them, here's our board of directors, and they're here to help. They can have a 15 -minute meeting with them; they can Page 52 February 26, 2019 have a 30 -minute meeting with them. To me, as a business person, that is -- I mean, you couldn't even put a dollar sign on that. CHAIRMAN McDANIEL: Thank you, Jennifer. MS. PELLECHIO: You're welcome. CHAIRMAN McDANIEL: Madam Clerk? CLERK KINZEL: I just have a couple things to -- because I'm trying to figure out how we could pay under kind of basis, and I think we've come to several kind of ideas, perhaps. Ar One, everyone agrees that perhaps there should be some goal of actually producing a job or some outcome. There probably should be a goal that the cleanup of the old outstanding items occur; zoning, for an example. They can't go back and re-create donations and everything from last year. And I will kind of disagree in -- well, let me start out with I agree with Mr. Grant on when he said he didn't create the goals necessarily in the contract. I'll be honest, neither did I, because I would have made jobs a specific requirement of the agreement, but that's not the Clerk's role. We offered some suggestions to work on that. But moving forward, to give me a basis of a public purpose to pay, this entity has gotten about $6 million in total grants and payments from Collier County, and we're finding it difficult to articulate the successes. Now, I can name the barbershop. I think he's still in business. And so that is one success that I'm aware of. There are some other businesses that I know came and went. There are also some businesses that have been in the accelerator for multiple years. I think some of them just moved out after our last audit conversation. So I'm fairly familiar with the work that they're doing. If we saw a model shift, and particularly if you don't -- if you -- if your goal is not that they meet the donations and the revenues before year end, what is a goal or what are the goals that you could do a contract Page 53 February 26, 2019 amendment to give me some valid reason to be continuing to just pay? CHAIRMAN McDANIEL: May we address those contractual adjustments at the renewal or not of the next contract? CLERK KINZEL: That would require me to continue to them with no evidence of performance for the next seven montn�,. This contract goes through September, and that gives me great consternation. MR. KLATZKOW: The Board can waive the deliverable. So if there's a particular deliverable that you believe is not being met, the Board can waive that, which is what I believe Commissioner Saunders' motion will be. Secondly, on a public purpose, Florida Statute 125.045 expressly makes economic development a public purpose. Money spent to attract businesses is, under Florida law, a public purpose. CLERK KINZEL: And all I'm asking for -- MR. KLATZKOW: So I think we've met both of your concerns. Your concerns is deliverables are not being met, and the Board here will waive those particular deliverables, and second concern is a public purpose. But un.4er Florida Statute, as a matter of law, this is a public purpose. CLERK KINZEL: Only if they prove they've done economic development and instead of subsidizing rents -- (Multiple speakers speaking.) MR. KLATZKOW: You pay money to attract a business. Whether or not the business actually comes does not stop it from being a public purpose. CHAIRMAN McDANIEL: And that's a -- CLERK KINZEL: I don't know that we have any reportable evidence that they've actually attracted the businesses. They've given them subsidized rents which the taxpayers are paying for, and those Page 54 February 26, 2019 are some of my concerns about the contract language and what I'm auditing to. COMMISSIONER SOLIS: I mean, that's the attraction. That's what economic development is based on. It's providing incentives for them -- CLERK KINZEL: And, Commissioners, I'm only going on the basis of, a, your business plan that you presented, that's what we audit to, and the contract that you signed, and those are the two elements that we try to adhere to in the audit function. And what I'm saying is, you're making it very -- I'm struggling. I need some evidence of -- CHAIRMAN McDANIEL: We're trying to give you that. CLERK KINZEL: Okay. Thank you. CHAIRMAN McDANIEL: And I'm not interested in adjusting the contract on the fly today. I want to make that -- I want to get this to a point where we can get through this add-on agenda item, make you feel comfortable, and protect us by the law with regard to the payment that it is, in fact, a public purpose and that we are not waiving all of the deliverables for everybody that comes along and enters into a contract with Collier County, as has been represented, so you understand. There`s a lot more to this than -- CLERK KINZEL: There is. CHAIRMAN McDANIEL: -- economic development. There's a lot more -- I mean, and there are a lot of other entities that we're going to hear about in the future as we go that do, in fact, promote economic development within our community. So let's just -- I think if we take care of the business at hand, this is obviously a legal discussion. See how I'm split here. And we can -- but I want to meet the parameters of the request, fund what we need to in order to fulfill the contract, and then go forward. COMMISSIONER SAUNDERS: I'll go ahead and make a motion. Page 55 February 26, 2019 CHAIRMAN McDANIEL: Please. COMMISSIONER SAUNDERS: I'll preface it by saying that, again, I appreciate the role that the Clerk has in auditing these contracts, and I want to thank her for her diligence in this. This is not meant to be any kind of a criticism. I think the Clerk feels that this may not be the best contract for the county, and that's fine. She may be very right about that, but we do have, I think, an obligation to try to keep this entity going through the balance of this fiscal year with no commitment going forward after that. So they're going to have to show me a whole lot more, and I want to spend some time with the incubator over the next couple months to see how they really are operating. So the motion is, number one, to find that the continuation of this contract and the continuation of funding the incubator is in the public interest and is an appropriate expenditure of funds by the county under Chapter 125 Florida Statutes that we want to continue that finding of public purpose The deliverables that I'm requesting the Board to waive this morning so that these payment requests can be made deal with the revenue shortfalls both pt the incubator in Immokalee and the incubator here in Naples; that we understand that these are annual deliverables, not quarterly or monthly. So we waive that requirement in terms of it being considered quarterly or monthly. The other deliverable dealing with self-sustaining, we know this is not a self-sustaining entity. We're giving them 600,000 this year. We gave them $800,000 last year. We know they're going to ask for money next year. So the issue of being self -staining is not of concern to this commission in terms of this particular contract in this contract year. The capital investment and the number of employees, again, an annual commitment. We expect that commitment to be met by the Page 56 February 26, 2019 end of this fiscal year, and that will certainly have an impact on any ongoing funding. So those are, I believe, the areas that the Clerk had some concern with, and those are the areas -- the motion would be to waive those for this particular contract. Not waiving them permanently, but waiving them as quarterly or monthly requirements. CHAIRMAN McDANIEL: You okay with that? CLERK KINZEL: Just -- well, your current contract doesn't have -- nor did your prior have a requirement that they create any jobs or any capital investment. The only thing they have to do right now is exist and file their reports on a timely basis and make a certain revenue and donation benchmark, okay. But if your goal, which I would encourage, would be that they have some other requirement -- andj believe zoning is an issue. I mean, they have been operating under this zoning problem for years. Again, that's -- and they keep getting approved to do it -- some goal of fix it, we would see progress towards this. What we see right now is an altering business plan. Every time they fail, they bring it back as a cash crisis, and the Board -- COMMISSIONER SOLIS: We deal with it. CHAIRMAN McDANIEL: We deal with it. And I'm going to ask, Madam Clerk, while we're in the mood for making a motion, that we get to a point where you can satisfactorily make these payments as requested and not be moving into other contractual arrangements. We have committed to -- this board committed a year ago in the budget cycle to fund up to the 600,000 that was requested by EII. So if we can move through this particular budget cycle knowing that that's our commitment, knowing that this is not an organization that makes money -- we all have issues as to whether or not this is a good expenditure or not, but I want to take care of this at this particular stage and not jump out into the other contracts. Page 57 February 26, 2019 CLERK KINZEL: And I really want to work with you on that. CHAIRMAN McDANIEL: Right. CLERK KINZEL: I don't know that I can make a determination at this meeting to pay on those bases until I hear what they are, so -- but we'll work through it. CHAIRMAN McDANIEL: If we declare the -- and author; the payment as requested and declare it to be -- County Attorney, if we declare authorization for the Clerk to pay these and declare it to be a matter of public purpose, the Clerk will have sufficient wherewithal to then make the payment? � � MR. KLATZKOW: You have to ask her that. I think from a -- CLERK KINZEL: And that's what I'm saying, I'll have to take that and look at some legal issues. COMMISSIONER SAUNDE4S: Mr. Chairman? CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: Okay. I have a motion that I thought covered the issues that we were dealing with, because I made notes of those as the Clerk went through those. Once we pass this motion, if the payments aren't made, that's -- you know, that's a who different ballgame and that's somebody else's decision; that's the Clerk's decision. But my question to the Clerk is, I've made this motion. I've outlined the issues that you stated. Are we good to go as far as -- now, I know you need to talk to the folks there, but in terms of the issues for these particular payments that we're dealing with, are we good to go on those? CLERK KINZEL: Well -- and I think there was some confusion in what was stated about the capital and the jobs. I was trying to clarify that, because that's not in your current contract. COMMISSIONER SAUNDERS: Right, I understand. CLERK KINZEL: And so if you're looking for that and -- some Page 58 February 26, 2019 COMMISSIONER SAUNDERS: Okay. CLERK KINZEL: I think where you're heading is pay them regardless and see where it ends up at year end again, which is what we did last year, and it failed. So understanding that it's been presented to you, you can wi, the contract out, and then I'll have to audit to what I see in contract. A COMMISSIONER SAUNDERS: All right. O COMMISSIONER SOLIS: But -- CHAIRMAN McDANIEL: Go ahead. We're all out of turn anyway. COMMISSIONER SOLIS: I think Commissioner Saunders is asking -- the question is, then, based upon what the -- because I want to know this in terms of my seconding the motion. Again, if the motion's approved, is that enough for you to issue these payments that we're here today to talk about? CLERK KINZEL: Not going — not without going back and reviewing the contract again, legally, but -- today. But I understand where you're heading, and I understand your intent from the dais, so I'll go back. We need t9►go over some of the other issues pending in the contract. COMMISSIONER SAUNDERS: The intent of the motion was to address the contractual failures, address -- that have been identified by the Clerk that have prevented the payment of those four or five requests. If we need to word the motion differently, then I need to know that. CLERK KINZEL: And, Commissioner, this might help. Those four -- the one from last year is separate and apart, but the four that you're discussing right now, those aren't even due until March, and they're not due until March after the next board meeting. So that Page 59 February 26, 2019 would give some time to look forward and try to work this out through the contract. COMMISSIONER SAUNDERS: We do not have until the middle of March to deal with this issue. They have a payment that's due on -- I believe it was indicated, on Thursday. If this motion isn't sufficient then I -- you know, I would like to change it. But the fact that your thought is that these payments aren't due until March. doesn't do us any good. So you're going to -- okay. CLERK KINZEL: I will look at what -- I didn't create this crisis, nor did I create the problems with this contract. I'm trying to audit to them. I've been very specific with the Board, with EII. I've met with them repeatedly looking for relief on this. I don't feel comfortable making a decision about my ability to pay on the fly. I want to take your motion and consider the motion, and if I can legally make the payments, I would make them. Okay? COMMISSIONER SAUNDERS: And the -- understood. And we have a short time frame. We don't have until the middle of March. CLERK KINZEL I will look at them quickly. I don't want to drag this out. I didn't -- you know, again, cash-flow crisis; we found out Thursday they had a cash-flow crisis again. We didn't even get some of these pay requests until February 20th. So, you know, I'm -- this goes to contract management. It goes to the entity's management, and these things are being created routinely. I will try to help in any and every way I can to relieve the problem, okay? COMMISSIONER SAUNDERS: All right. There is a motion. I don't know if it needs to be amended or anything. COMMISSIONER SOLIS: For whatever it's worth, I'll second the motion. How's that? Page 60 February 26, 2019 COMMISSIONER SAUNDERS: All right. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I don't know what to say. CHAIRMAN McDANIEL: Yeah. Say aye. COMMISSIONER TAYLOR: I'm lost about this. I just -- I think I'm troubled by this because I see that there is a consistent lack of performance that has very little to do with this time frame but perhaps goes back a couple of years or more. So I guess I would have comfort level if -- that we could address that contract well before next year. Not that we would change the terms of the contract or the amount, but looking forward earlier than the budget cycle. COMMISSIONER SAUNDERS: I agree that we need to give a real hard look at the contract and the performance and our budgeting cycle for the 2019/2020 budget, I agree 100 percent. That's why I started off by saying I want to get them through this budget year, but I'm not making a commitment going forward. I want to honor the commitment that we have for this budget cycle. That's the whole purpose of the motion. That was the reason I brought it forward. CHAIRMAN McDANIEL: Right. CLERK KINZEL: But would you be willing to amend the current contract sooner rather than later to give me some specific guidelines? I'm having heartburn with paying through the end of September and finding out they didn't perform for another year. I really am looking for some -- CHAIRMAN McDANIEL: Yes. How about if we bring this back as a specific item in our first meeting in March? COMMISSIONER SAUNDERS: I would prefer it not being the first meeting in March. Page 61 February 26, 2019 CHAIRMAN McDANIEL: Oh, yeah, that's right. The second meeting. COMMISSIONER SAUNDERS: Personal reasons. And I think we need a little time for this to percolate, so if we do this in April -- CHAIRMAN McDANIEL: How about the first meeting �. April, Madam Clerk? We have -- we specifically review the agreement and find out whether or not if we can adjust the existing contract in midterm. COMMISSIONER TAYLOR: Understanding that if the Clerk's operating under this current contract as it exists today, as we read it today, there probably -- I don't want to say that. There may be delays in payment because of -- CHAIRMAN McDANIEL: Performance. COMMISSIONER TAYLOR: -- performance. So the sooner we get this contract -- the current contract amended, however we want to amend it, if we do, the better it is for everybody but -- and if April is the date -- COMMISSIONER SAUNDERS: It takes both parties to amend the contract, so I'm -- CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: -- happy to -- I'm willing to take a look at whatever is proposed. I'm not making a commitment to agree to a change in the contract. COMMISSIONER TAYLOR: No. COMMISSIONER SAUNDERS: But I'm willing to take a look. COMMISSIONER TAYLOR: To take a look. To have that time frame to take a look at it. CHAIRMAN McDANIEL: That's why I was suggesting that we -- I was going to do it in March, but we can do it in April. And, Page 62 February 26, 2019 again, it takes two parties to amend an agreement to get to where we're at. CLERK KINZEL: Well -- and hopefully EII would work on amending that to that resolution. I will go back and check legally. I'm also concerned about waiving deliverables in retro and all those things. But based on what you've said and put on here now, if we could look at the first meeting in April to getting some teeth in the payment amount -- I don't know that they're sustainable, though, even if I pay these four bills. CHAIRMAN McDANIEL: Sustainability is not the question. CLERK KINZEL: But, I mean -- no, because we'll have another cash crisis, so you would want me to just keep paying them until -- CHAIRMAN McDANIEL: No. CLERK KINZEL: -- the end of September, right -- COMMISSIONER TAYLOR: No. CLERK KINZEL: -- without a deliverable being proven or provided or no evidence of anything being created? COMMISSIONER TAYLOR: That we don't know. We're going to craft CLERK KINZEL And so this is what I'm trying to do here on the fly again without getting myself into -- in too much hot water. If we paid the payroll and the rent as we did for October, November, and December, pay that for the January through February payments, can they operate going to that first meeting in April? And we will take constructive action. If they would agree to that, if they can sustain it with that, I would be willing to work one more time with this to try to resolve what we're doing. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: I don't think we're going to get the resolution. Page 63 February 26, 2019 CHAIRMAN McDANIEL: No. COMMISSIONER SAUNDERS: We do have a motion and a second. CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: I can't make any commitments to changing a contract. I'd like to see them fundeu through the end of September. That's really my intent. And come April, I'm going to say the same thing again. If there's a perception that a deliverable has not met dealing with contributions and revenue, I'm going to say the same thing then that I'm saying now. I'd like to see them get paid through September. "�WMN I'm not concerned about the amount of revenue they generate or the amount of contributions they generate. I will be concerned as that relates to going forward in the next budget cycle. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SAUNDERS: So, you know, as you vote on this motion, I don't know that this is going to get them paid, but I don't want it to sound like I'm agreeing in advance to amend a contract. My goal is to get them paid through September. CHAIRMAN McDANIEL: No. I don't think it was the intent that we're agreeing to amend the contract. We're going to bring it up in April, in the first meeting in April, as requested by the Clerk. And as you've already said, it takes two parties to amend the contract. So -- and no one's making a commitment to or not to amend the agreement. COMMISSIONER TAYLOR: And that was my intention, just to have the opportunity to look at the contract again, the current contract, amend it or not, but to have it as a discussion, understanding that the way the contract's written, we'll -- and I don't want to put words in our Clerk's mouth, but pretty much mandate that the Clerk continues auditing it in the way she's been auditing it. Page 64 February 26, 2019 CHAIRMAN McDANIEL: She will do that. That's her job. COMMISSIONER TAYLOR: And we might be here again in two months and again in the next two months. CHAIRMAN McDANIEL: And next month. Commissioner Solis. COMMISSIONER SOLIS: Very quickly. For the meeting in April, then, I would request that staff or somebody could obtain copies of the contracts for these accelerators that you vi'_�d, because I think, possibly, we're trying to reinvent the wheel h ' terms of contract terms. Maybe that was something that would be helpful for us to look at if we're going to have these discussions. But I would ask, having said that, that we just call the question. I mean, I think we've beat the proverbial dead horse here. CHAIRMAN McDANIEL: I would like to say that it is requisite upon those that are requesting the money to provide the necessity for that request, and so prior to that meeting in April we have that information. So the question's about to be called. Any other -- well, we're not even going to go to any further discussion. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: 5-0. MR. OCHS : And we will take a 10 -minute, 11 -minute break and be back at 11. (A brief recess was had.) Page 65 February 26, 2019 MR. OCHS: Ladies and gentlemen, if you would please take your seats. Mr. Chairman, you have a live mike. CHAIRMAN McDANIEL: Yes, good morning, everybody. If we can get our colleagues to roam back up this way. Here's one. Okay. We have an agenda item issue I want to have a discussion about. There are -- there is a necessity to manage the advertisement for the stormwater. In the advent that the stormwater utility goes forward, staff needs to advertise that in an appropriate manner that needs to be voted on prior to the 1 st of March, and we have continued the stormwater utility item, per se, until our second meeting in March. Normally, we would go to the Grace Romanian Church, and I just wanted to ask my colleagues if they have a -- if they -- which is going to be a rather long deliberation as well, and we know we're being to lose -- or Commissioner Solis is going to exit at the lunch break, so, if it's okay, I'd like to go ahead and take care of that advertising for the stormwater utility. How you feeling about that? COMMISSIONER FIALA: I was talking to him. I'm sorry. CHAIRMAN McDANIEL: That's okay. How you feeling about doing the stormwater utility in advance of the church? COMMISSIONER SAUNDERS: I have no issues at all with how you want to proceed. CHAIRMAN McDANIEL: Okay. COMMISSIONER FIALA: None, except it's a little cold up here. CHAIRMAN McDANIEL: No, it's fine. Leave it alone. Leave it alone. COMMISSIONER FIALA: I'm freezing. Are you guys cold? Page 66 February 26, 2019 COMMISSIONER SOLIS: Mr. Chairman, my departure at lunch is tentative. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: So I'll stay as long as I can. Hopefully I can stay for the whole thing. CHAIRMAN McDANIEL: Well, we've already made it,v clear that when you have to go, you just say something. 'V COMMISSIONER SOLIS: Okay. Thank you. r 0 CHAIRMAN McDANIEL: Okay. Well, with that, let's go and -- you manage the agenda item so that we're going to go to the advertising for the stormwater utility. Item #9B • RECOMMENDATION TO APPROVE A RESOLUTION, PURSUANT TO SECTION 197.3632(3)(A), FLORIDA STATUTES, TO PRESERVE THE RIGHT TO UTILIZE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS, AS PART OF AND IN CONSIDERATION Off, A STORMWATER UTILITY WITHIN THE UNINCORPORATED AREA OF THE COUNTY - MOTION TO APPROVE — FAILS MR. OCHS: Thank you, Mr. Chairman. That's Item 9B on your agenda, and this is a recommendation to approve a resolution pursuant to Florida Statute to preserve the right to utilize the uniform method of collecting non -ad valorem special assessments as part of and in consideration of a potential stormwater utility within the unincorporated area of the county. Ms. Patterson will make a brief presentation. Page 67 February 26, 2019 MS. PATTERSON: Good morning. Amy Patterson for the record, Director of Capital Project Planning. I did have a presentation; however, it was tied to the other item that was a companion which was continued. This is simply a procedural issue, nonbinding. We have to provide notice to the Property Appraiser and Tax Collector by March 1 st by way of this resolution that we are considering using -- we, the county, are considering using the uniform method the collection, which is the property tax bill, for a potential stormwater utility assessment. That is all that is in front you today. on -N. - We do have recommendations coming forward, as you discussed earlier, from the Productivity Committee as well as staff on a way to move forward for potentiat funding sources for stormwater. CHAIRMAN McDANIEL: Correct. MR. OCHS: So this preserves your right to do it but creates no requirement on you to do anything. COMMISSIONER TAYLOR: Don't interrupt me. I'd like to make a motion, with all due respect. No, I would like to make a motion to that effect, tfVt we preserve our right to -- and to advertise a utility fee and the fact that it is not binding. CHAIRMAN McDANIEL: It's been moved that we provide for the advertising to go forward as per statute. Is that close enough to what you said? MR. OCHS: Chairman, not to split hairs, but you've already approved the advertisement. That's been done in four consecutive weeks. This is an adoption of a resolution that then goes to the Tax Collector to allow -- CHAIRMAN McDANIEL: Okay. Forgive me. MR. OCHS: -- potentially, for that collection. i •i February 26, 2019 CHAIRMAN McDANIEL: I thought that that had to be done by the end of March. That was the requisite for us to have to do it today. MR. OCHS: This resolution needs to be to the Tax Collector by the 1 st of March. CHAIRMAN McDANIEL: Got you. �+ COMMISSIONER FIALA: I don't think we should make a motion before we discuss the subject, and we've got a lot of speakers. CHAIRMAN McDANIEL: We have discussed the subject. We won't vote until I hear from the public. COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: And the motion's been made. And there are several people -- Commissioner Saunders has -- COMMISSIONER SAUNDEJS: I'll wait until after the public comment. I just wanted to make a comment on the motion, but I'll wait until the public comment. COMMISSIONER TAYLOR: Well, there's no second to the motion. %.& COMMISSIONER SOLIS: Well, just -- I think I'll second it. I just want to, again, clar.Vy, this is only for purposes of keeping the option open of using the uniform collection methodology of putting it on the tax bill and doesn't create a fee or establish a fee or amount or anything. MS. PATTERSON: That is correct. COMMISSIONER SOLIS: Okay. We're just keeping our options open. MS. PATTERSON: That is correct. COMMISSIONER SOLIS: I'll second the motion. COMMISSIONER TAYLOR: And just for -- the motion's been seconded. May I just ask, what is the -- ideally, if it -- whatever we Page 69 February 26, 2019 do, the final discussion or the final decision-making will be at budget time; is that correct? MS. PATTERSON: On or about budget time, there's -- depending on which option the Board elects to move forward with, because there are several, but I can tell you that the path forward, if the board were to continue to look at some sort of stormwater utility, there's a very specific statutory process that we'll walk through. We would be back in front of the Board late spring, May time frame with numbers that the Board would look at through a preliminary rate resolution. There are requirements to certify the master account file which establishes the billing, and there's a final rate resolution that has to be adopted by the Board which actually establishes those utility rates. That would happen sometime over the summer, potentially between July aigd September. So same process we followed last year, so there's many more steps that have to happen. COMMISSIONER FIALA: Where you sent the letters out, and we weren't aware that you'd sent the letters out. MS. PATTERSON: That is the same process. COMMISSIONER FIALA: Okay. Just -- CHAIRMAN McDANIEL: And that's -- COMMISSIONER FIALA: -- thought I'd say that. CHAIRMAN McDANIEL: Yes. Let's go to the public speakers then. MR. MILLER: Mr. Chairman, we have 15 public speakers for this item. Your first speaker is Nick Turner. He will be followed by Tommy Turner. I would encourage the speakers to use both podiums, please. CHAIRMAN McDANIEL: Both podiums. And as people are moving to the podiums, there are lights that are on top: Green, Page 70 February 26, 2019 yellow, and red. The green means go, yellow means you have 30 seconds, and red means you're done. Sir. MR. TOMMY TURNER: I'm going to be taking my cousin Nick's time also. MR. NICK TURNER: (Waved hand.) CHAIRMAN McDANIEL: He has six. MR. NICK TURNER: I'm too irritated to talk. MR. MILLER: So Mr. Turner, then, will be followed by Rich Haylard. I'm not sure if I'm getting this last name right, H -a -y. Mr. Turner, when you're ready, sir. MR. TOMMY TURNER: I'm here to speak on behalf of a lot of people in Collier County that's dead set against doing any type of collecting money to take care of an issue that should be taken care of by the county. We were here in September f They said they needed 14 million. It went to 12 million. Before it was over with, they were willing to settle for 10 million. They stipulated in their document today that they're going to collect about -- roughly about $ 8 million in -- from the unincorporated areas, and it's about -- my calculations are a lot more, about 10 million, about 11 million from the businesses, all the parking areas in Naples. And so we've got 20 -- 20 or $20 million we're going to collect from this revenue source that says we're only going to get about 8 million. Also, they already going to collect -- they got 8 million already designated for that, so that's going to give them about 30 million, and that's just on the mild side of what they're going to try to do. And they're not going to fix the stormwater issue, because every time we get a stormwater issue through here -- we've had it ever since I've been born here. I've been here since the '50s, and nothing has changed with water falling on this area. Page 71 February 26, 2019 We have certain times of year that we're going to get an over amount of water. I don't know what the county's going to do other than they're talking about cleaning out what we currently have as drainage ditches. All this water goes to the Gulf of Mexico. W don't own the Gulf of Mexico. We're going to have to go across incorporated areas, the City of Naples, going to have to go througii Marco Island, different areas. All that water's going to be carri,pd out to the Gulf of Mexico. r 0 I don't know what staffs going to do as with this water. This area won't retain but so much water. And I know I don't have much time, but I want to read to you something that might get your attention. The history of draining the development of Everglades dates back to 19th century. A national push for expansion of progress towards the latter part of t1le 19th century stipulated interest in draining the Everglades for agricultural use. According to historism, the middle of the 19th century to the middle of the 20th century the United States went through a period in which the wetland removal was not questioned. Indeed, it was considered the proper thing to do. A pattern of politi�al and financial motivation and a lack of understanding of the geographics (sic) of the ecology of this Everglades has plagued the history of drainage projects. The Everglades are a part of a massive watershed that originates near Orlando, Florida, and drains into Lake Okeechobee and across to Collier County, ending in the Gulf of Mexico. It's a vast and shallow lake. As the lake exceeds its capacity in the wet season, the water forms a flat and very wide river about 100 miles long and 60 miles wide, as the land from Lake Okeechobee slopes gradually to the Gulf of Mexico into the Florida Bay; that's where it was all intended to go out at, and it flows at a rate of a half a mile per day. Page 72 February 26, 2019 Before human activity in the Everglades, the system comprised of the lower third of the Florida peninsula. The first attempt to drain the region was made by real estate developer Hamilton Disston, who ended up killing himself after he took and tried to develo'D the area over near Broward County in 1881. Disston-sponsored were unsuccessful. But the land purchased from them stemmed a lot of economic and population growth that attracted railway developer Henry Flagler. Flagler built a railroad along the east coast of Florida and eventually to west -- going down to Key West. Towns grew and farmland was cultivated along this area and the rail line. During his 1904 campaign, elected governor Napoleon Bonaparte Broward promised to drain the Everglades. He promised in 1900, 120 years ago. Broward sparked a land boom facilitated by blatant errors in his engineering report that he covered. Pressures from real estate developers in the burgeoning industry throughout the South Florida increased the population, brought hunters who went unchecked and devasting (sic) the impact in the number of the wading birds. Hunted for the brooms -- their plumes, alligators and other animals. Severe hurricanes in '26 and '28 caused catastrophe damage (sic) flooding from Lake Okeechobee, and that prompted the arms of -- Army Corp of Engineers to build a dike around the lake. Further floods in '47 prompted an unprecedented construction of canals throughout Southern Florida following world population boom after World War II and the creation of the Central and South Florida control project. The Everglades was divided into sections separated by canals and water control devices that delivered water to agricultural and newly developed urban areas; however, in the late '60s, following a proposal to construct a massive airport next to the Page 73 February 26, 2019 Everglades National Park, national attention turned from development of land to restoring the Everglades. And that's where we are today. And I don't care what people from your staff tells you, the stormwater's going to be here, and it's not going to go down. Sea level is only few feet below us, and that's where the freshwater sits on top of where we are. We're not going to fix it, and I don't know collecting $40 million -- you know, we just increased 1 percent sales tax which I just added on to all my renters, which is costing them -- for every thousand dollars, it's costing them an extra seven dollars a month. Now we want to add this under the guise that we're going to fix all this stormwater stuff. When it rains, it's going to be where it is. Water seeks its own level, and you're not going to fix it. And I'm just telling you, it's been going on for 120 years. It's nothing new to Collier County. I ;w to you guys, but it's nothing new to Collier County. CHAIRMAN McDANIEL: It's not new to us. MR. TOMMY TURNER: And you're not going to change it. I'm sorry. I took more time. CHAIRMAN McDANIEL: You went over five seconds, but that's okay, Tommy. Thank you. MR. MILLER: Your next speaker is Rich Haylock (sic). (No response.) MR. MILLER: He may have left. Rae Ann Burton. I know Rae Ann is here. Rae Ann has been ceded additional time from Cathy Bartholow. She is here. Rae Ann will be followed by Aaron Zwiefel. Let me just call these names. I think some of these people left. George Danz? CHAIRMAN McDANIEL: George was here, but I think -- COMMISSIONER FIALA: No, George is here. CHAIRMAN McDANIEL: He's still there. Okay. Page 74 February 26, 2019 MR. MILLER: Mr. Danz, you will be next. Ms. Burton, you have six minutes. MS. BURTON: Thank you. Maybe I can get it in this time. CHAIRMAN McDANIEL: No, I don't think so. MS. BURTON: Anyway, my name is Rae Ann Burton, Gc' Gate Estates. My concern was the 9B and the I IA. I IA is taxing the Estates for money above monies already collected and taxed on our property tax. Productive (sic) Committee had three options given to you, or they were going to present. A flat fee of 120. Coming in today I heard on the radio that's been changed to 75 for property and 50 for condos. Condos are still going to be HO fees, so they're going to be double taxed. Then there's -- if the flat fee, there's going to be a tax on tax-exempt churches, and schools and government buildings are already taxed, so that's double taxing to us. The fee will increase. If it's 120, my mortgage payment, which I'm still paying, $100 a month. If it's 75, it will be 625. ^ � Already in 2018 my bill increased by 15.95. So I'll either pay every month an extra 2,5.95 or 22.20. Now, that can be a bill payment for me, or at least my cat's food. I just got rid of the PMI. Second choice was on your electric bill. Really? Water on your electric bill? What percent is FP&L going to get? There's no regulation if it's on our electric bill. It's based on the electric usage. That's going to be different every month. Will there be a penny tax on top of this bill as well? Three, the property tax statement currently has three millage taxes which total .273 3, according to my statement, and one of them is water management. Already at .1209. Page 75 February 26, 2019 I still have a mortgage, which could outlast me, but when will these fees and tax increases stop? My only income is fixed, meaning too many fees, too many taxes, I can't afford my home. Current and future projects per website. I found only one in the Estates, and that was considered roadside swale cleaning projec57 years. Now, I'm sure I won't be here then. Current projects, all improvements. Thought the fee was for maintenance, not improvements. None in the Estates. All west of I-75, which include Naples Park, Naples Manor, Goodlette-Frank, which I've heard floods, Lely neighborhood improvement. Now, shouldn't that be the development? Isn't Lely a development? Isn't that their own issue? Golden Gate City, well, at least you're getting closer. Again, an improvement. Tax applies to only unincorporated Collier County but no maintenance for Collier/Golden Gate Estates swales or ditches will benefit -- will Naples benefit from this fee? They already pay a stormwater fee. How is that working? They still have flooding. The Estates is not Collier's personal bank. Since Irma, penny tax, misleading information got it passed. Stormwater fee: Use what's been bogeted on what is necessary now. Review what it covered and what is still needed, then get a valid maintenance expense figure, and not Stantec. Use the year to analyze how to use the currently collected taxes, three currently on your tax statement, and one is the big basin of Collier -- the big basin -- Cypress Big Basin, which pays a fee to Collier County and way (sic) on our statement, we are taxed for them. So are we paying big basin's fee? Use the — like I said, analyze the three statements on our tax -- cut expense, unnecessary jobs, don't increase salaries, rent equipment instead of buying new until maintenance is caught up. Page 76 February 26, 2019 Caught (sic) county crews leaf blowing dirt and grass from the medians into the streets. A street cleaner went by kicking up so much dirt and dust I thought it was on fire. And the Estates are charged for rainwater that's not absorbed because it runs into the swales, into the ditches, into the canals? Was that not their purpose? I wonder what the alligators would say about less water. issue: Big barn maintenance center. Not needed. Not wanted. s a traffic congestion accident waiting to happen. Please listen to the public. We live here; you don't. Maintenance first. New and improvements last. Thank you. And I have a minute 17 left. CHAIRMAN McDANIEL: My goodness. Somebody write that down. She was done in less than six. MR. MILLER: Your next speaker is George Danz. He'll be followed by Jesse Purdon. 0 ZS1 MR. DANZ: I'll take that extra time. CHAIRMAN McDANIEL: No, you won't. MR. DANZ: Okay. Mr. Chairman, Commissioners, my name is George Danz. Attorney Tom (sic) Hooley could not be here today, but he asked me to read a prepared statement that he has. He says, I am unal*-4e to attend the meeting, but here is a summary of my position and the position of most of the members of the East Naples Civic Association. Number one: Calling this a utility does not make this a utility. It is a tax. Number two: Stormwater protection is no different than fire protection, police station protection, or emergency services. Number three: The county tried to convince taxpayers that this should be a utility tax since 1991. Number four: Voters and taxpayers consistently opposed this tax for the past 27 years. Page 77 February 26, 2019 Number five: In 2004 the Board of County Commissioners recognized that stormwater management was a normal component of ad valorem taxation and set a .15 mill allocation for stormwater management. Number six: Since 2010, the county refused to allocate stormwater management and failed to maintain the stormwate infrastructure. Number seven: The county staff uses this failure LaIntain these facilities as an argument for more taxes. Number eight: The value of the property being taxed in Collier County has significantly increased. �N' Number nine, the county requires new projects to pay for their own stormwater management in the form 11 community development districts. Number 10, the County Com. 1 ion owes a duty to apply the .15 mills from general property tax to stormwater management as they promised to do in their 2004 vote. County government has core functions such as fire protection, police protection, building, zonings ordinance, and enforcement. Stormwater management is one of those core responsibilities of Board of County Commissioners. The basic needs must be addressed before county applies money to affordable housing, business development, or a municipal golf course. The county should admit that it failed to maintain the stormwater infrastructure for the last nine years. This failure by county government is no reason to create a new tax instead of exercising fiscal discipline to consistently apply the .15 mill ad valorem revenue to the problem of stormwater management, and that's signed by John Hooley. And on a personal note, in light of the Page 78 February 26, 2019 fact that last September 18th, 2018, this board voted to continue for one year, I'm confused as to where we are even here. Thank you. MR. MILLER: Your next speaker is Jesse Purdon, and he will be followed by Dawn Smith. MR. PURDON: Thank you. Mr. Chair, Commissioners, my members watching at home, Jesse Purdon, Vice President c -L - Public Policy for the Naples Area Board of Realtors. I've spoken to some of you -all on this, and I wanted►tart by saying this: We want to thank the Productivity Committee for the hard work that they've put in to give you guys some excellent solutions, and I want to compliment you -all, because you -all are the people who put them there. People like Chairman Mike Lister, people like Lauren Mellow, people -- Ryan Kazinski. I mean, these guys really put irl a lot of hours and a lot of time, so that shows me that you -all put a lot of time in selecting them. So from the aspect of the fact that we are actually involving the community and potential solutions -- that's how government's supposed to operate -- we really do appreciate your efforts in that area. So now what? The issue is this: The staff recommendation is not even close to the repommendation from the Productivity Committee. So now -- CHAIRMAN McDANIEL: As a point of reference, we are not talking about the utility that we've continued until the second meeting in March. MR. PURDON: No, I completely understand. CHAIRMAN McDANIEL: We are talking about the advertising, so -- MR. PURDON: I 100 percent -- CHAIRMAN McDANIEL: Okay, Jesse. MR. PURDON: -- understand why we had to do that procedurally. Page 79 February 26, 2019 What I am saying is hopefully we don't have to get there at all. And the question really is this: The Citizen Advisory Committees, which the community value so much, had public comment. These guys took fire from the community as if they were the commissioners. They sat through a month of talking about this. They vetted it. lb� And the staff came to them with about nine recommendations, seven of which were ad valorem increases. Z 0 These folks sat down, pounded numbers, looked at the budget, and came up with three solutions, none of which were a tax increase. So now the question is this: Whose voice are we listening to? Are we going to listen to the staff s voice, or are we going to listen to the citizen's voice? And is it not premature for us to vote on potentially doing that without giving exact same merit to what came to us from the citizen side of the house. r% :k So with that being said, I would like to say that we would recommend that you examine this in a post -sales -tax atmosphere so the folks like the commercial renters who are getting hosed -- because as you all know, Tallahassee took the commercial rent tax down. That sales tax at.but negated that completely. So they got hosed on this. So until we can look at the ramifications of that, economically, I think it is prudent to wait the 12 months, and all three of the solutions of the Productivity Committee give you the ability to do that. With that being said, I do appreciate the serious effort you have put in in involving us. You brought us to the table. Look it, I brought 10 people who should be out making money to those committee meetings because they thought it mattered. They thought that their voice was going to be heard. Now here we are listening to the same exact recommendation that we heard prior to this entire thing starting. MM February 26, 2019 With that being said, I would urge you, please consider the voice of the citizens. Once again, I appreciate your service to Collier County. Thank you -all very much. MR. MILLER: Your next speaker is Dawn Smith. She'll be followed by Suzanne Orschell. MS. SMITH: I'm Dawn Smith. I want to start off with saying I cannot stress how disappointed this community is in all of you. You promised to table this for 12 months. You did it for a week, two weeks? You brought it back to the table in a month. It was also suggested when you -- the deceit of the one -cent sales tax passed, that you would revisit this. Well, it looks like it's going through. I don't -- Mr. Turner I agree with 100 percent he said (sic). Look where we're built. We're built on swamp. Where do you think that water's going? How do you think you're going to fix it? You're not. There's no way you can fix it. There's pockets of flooding. You have Poinciana that's always -- always flooded. You have Goodlette that sank. Why would a road sink? Because it's built on a swamp. When you're under a road, you're going to get the g+rainage from that. That's a part of the problem. You're projecting not to do any work in the Estates. I live in the Rural Estates. I'm going to be paying over $68,000 before any work is done at my house. I'll be dead by then in 57 years. I would hope you would reconsider. You know, One Collier had a Facebook site that pushed through the one -cent sales tax. It clearly stated, do you want the one -cent sales tax, or your taxes will go up. Commissioner Taylor, I watched you on the news this morning saying how dangerous this is and we need it. The people that lived here long enough know there is no danger. The water's not -- the water's going to go where it's going to go. The danger is spraying chemicals in the canals. Page 81 February 26, 2019 That's all I have to say. And no bus barn on Immokalee Road. You've got to be kidding me. MR. MILLER: Your next speaker is Suzanne Orschell. She'll be followed by Michael Ramsey. CHAIRMAN McDANIEL: I want to remind everyone are voting on the advertising that is requisite for the -- or thes resolution is for the notification to the tax assessor's office in the advent that a utility is, in fact, passed, so -- r 0 MS. ORSCHELL: Yes. Good morning, Commissioners. And, yes, I did register for Item I IA, which is not what you're discussing, so with that being said -- ��Az CHAIRMAN McDANIEL: Correct. MS. ORSCHELL: I'm obviously echoing what these people say here, but I will be back with my nobs. �� CHAIRMAN McDANIEL: Thank you. MS. ORSCHELL: Thank you. MR. MILLER: Your next speaker is Michael Ramsey. He'll be followed by Brad Estes. MR. RAMSEY: Good morning, Commissioners. I'll wait for the next time. Next speaker? MR. MILLER: Next speaker is Brad Estes. He will be followed by Jerry Godshaw. MR. ESTES: Good morning, Commissioners. Brad Estes. I'm Secretary of the Poinciana Civic Association, and we urge you to adopt the resolution and advance it to the Tax Collector. Thank you. MR. MILLER: Your next speaker is Jerry Godshaw, and he will be followed by Anthony Pires. MR. GODSHAW: Good morning, and thank you for allowing me to speak. My name is Jerry Godshaw. I did serve on the Productivity Committee, and I think I still do. Page 82 February 26, 2019 CHAIRMAN McDANIEL: I was thinking, you still do. MR. GODSHAW: And, just as a summary, I'd urge you to consider approving the resolution to continue advertising for this. But by way of background, I just think it's important for everyone to recognize that we do have a severe stormwater issue here. These are swales -- you know, these are culverts that are rusting, people can't get into their homes during storms. It costs a lot to repair this. It's inefficient to do so in the way in which we're doing it. So I would urge that at least we consider the financing options available and to move forward. Thanks. MR. MILLER: Your next speaker is Anthony Pires. He'll be followed by Tim Akhundov. I hope I'm saying that right. MR. PIRES: Mr. Chairman, members of the Board, Tony Pires, Law Firm of Woodward, Pires, Lombardo, representing the four community development districts that are outlined in my letter. I just want to make sure you know that if I didn't show up here today, someone may say my clients are not opposed to this. We're still opposed to the stormwater utility, and we'll see you in the second meeting in March. Thank you very much. And I recognize the technical reason for this. And I appreciate the fact the Board is taking the approach they are not bound by this action. This is more like a placeholder, and hopefully it will go away. Thank you. MR. MILLER: Your final speaker on this item is Tim Akhundov. I hope I'm saying that right, sir. MR. AKHUNDOV: Yes, thank you. Commissioners, ladies and gentlemen, thank you very much. CHAIRMAN McDANIEL: Pull the microphone over there, Tim. MR. AKHUNDOV: Thank you very much for letting me speak. CHAIRMAN McDANIEL: It will come to you. Page 83 February 26, 2019 MR. AKHUNDOV: First of all, I do not -- yeah, I do not want to reiterate how -- what a bad idea the stormwater tax is. And, I mean, we all remember that it was tabled -- supposed to be tabled for 12 months. The study, which was -- it was based on was so half baked that you could not vote on it and so on and so forth. Until now, we do not have the answers as to how we are protectuu from you keeping to increase it if it is ever adopted. We do not know what's happening if we have retention facilities on our properties and so on and so forth. So lots of questions are still unanswered. But we're not discussing the tax now. We're discussing the advertising. And in that sense, I just want to explain to you that being a -- I live in the Golden Gate Estates, and this is a very emotional and very disheartening issue for those living in the Golden Gate Estates. And right now discussing advertising of something which we do not have a final decision on to us looks, A, like putting a cart in front of a horse and, B. like another illustration that some backstage deal is going on and our opinion does not matter. So just want you to understand how that feels to us living there. Thank you very much. MR. MILLER: TISt was your final speaker for this item. CHAIRMAN McDANIEL: I'd like to say a couple of things, because some of you are my friends and some of you have alleged that there's backroom deals going on and certain items are, in fact, transacting that aren't to Hoyle. If you will recall, it was I who was voting against this a year ago in February, March, and April. It was I who assisted in orchestrating the public outcry in the September budget hearing when we 5-0 deferred this for 12 months. The deferral of 12 months is 12 months from September. There is a process. And as staff regularly shares with me -- and I have to say this out loud to my friends -- this is making sausage, and there's a o= February 26, 2019 process that has to go on in order for that deferral to be effectuated or not. This is not a dictatorship where I get to make the final decision and suffer the immediate consequences. This is decision-making by committee, and by the vote of three, this utility can or cannot be enacted. So it's important for you to understand no one's doing anything nefarious or misleading. There is a process that has to transpire in order for this utility to be enacted by a majority vote of this board. So just to quell those thoughts, Mr. George, my friend. You suggested, you know, how can we be here today having this discussion. And in order to have the discussion for the utility or not, which we have deferred until March, this advertising needs to go on or not. Jesse Purdon, if he's still here. .1 don't know if he's -- oh, there you are. We relegated this over to the Productivity Committee so that public could, in fact, be reached out to along the way. What we're voting on today is a portion of the sausage -making, if you will. This is all part of the process in the event that this board, by majority, chooses to enact an additional -- note that I'm calling it a fee. The Naples Daily News hasAuoted me calling it something else. With that, it's Commissioner Saunders' turn to speak. COMMISSIONER SAUNDERS: Thank you. I'm going to vote against the motion to move forward with this because I'm not prepared to vote for a stormwater utility in 2019. And I think that if we continue to move forward with it, we're sending a message that this is a probability, and I just don't want to send that message. So I'm going to vote against this for the reason that I'm not supportive of going forward with a utility at this point in time. CHAIRMAN McDANIEL: Gotcha. Commissioner Fiala. Page 85 February 26, 2019 COMMISSIONER FIALA: Yes. I had been, from the start, all in favor of the stormwater utility until up popped the sales tax. CHAIRMAN McDANIEL: Well, the TRIM notices, too. COMMISSIONER FIALA: And the sales tax, out of the clear blue when we were already collecting that money on theifferen projects tome was double taxation; I'm sorry to say it, but I'm j u� going to say it right out. And now they want to go back and get this, which we desperately needed, we did need the stormwater, but not both. And now, sadly, that's going to prevent me from voting for this, because they've already pushed the stormwater -- they've already pushed the sales tax through. NO So I would say that the extra money that they have collected over the years for those different projects, use that money to put toward the stormwater instead -- toward -- yeah, toward the stormwater instead. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I seconded the motion to just bring the issue forward and on the basis that this isn't committing us to doing anything in terms of enacting a stormwater fee. This is, as Mr. Pirgs actually said, just a placeholder. I haven't had a chance to look thoroughly at what the recommendations are from the Productivity Committee. And it is, essentially, just keeping the options open for whatever the Productivity Committee proposes and whatever is enacted, if at all, by the Commission. That's the only reason I seconded the motion. So I just want to make that clear. I'm very skeptical about a stormwater fee. I echoed Commissioner Saunders' concern that, you know, a lot has transpired in the last year in terms of the sales tax, the stormwater process we went through the last time, and I get that. So I'm not committing to doing anything in terms of adopting a fee and -- but I think we need to keep options open, at least for me, so i i• February 26, 2019 that I can understand what the Productivity Committee is actually proposing. That's all I have. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. And I'm not going to vote for it because I feel that why should we put the methods and the procedure in place when I don't feel that it's something that should be doing anymore. CHAIRMAN McDANIEL: Yes, ma'am. And I have -- I have a question for the County Attorney. In the event that this does not pass, what are, then, our choices? MR. KLATZKOW: You'll relook at it next year. CHAIRMAN McDANIEL: During the budget cycle. MR. KLATZKOW: Yes, but it will be dead for this year. CHAIRMAN McDANIEL: Toe re -up for the utility in any form or fashion won't be addressed until the next budget cycle. MR. KLATZKOW: The utility exists. What we're talking about is the funding for the utility. CHAIRMAN McDANIEL: Correct. The funding for the utility -- MR. KLATZKOV.�k So the funding for the utility through the assessment will be dead for this year. CHAIRMAN McDANIEL: For the deficits that are existent? MR. KLATZKOW: Yes. CHAIRMAN McDANIEL: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: You know, depending on how this vote goes right now, I think it's very important, assuming it fails and we do have an issue of not looking into this for another year, the rain won't stop, and the flooding won't stop. And I don't know who in this room drove the streets after Irma -- and, frankly, it wasn't after Irma; it was two weeks before Irma -- but I did, and it's clear that Page 87 February 26, 2019 flooding and stormwater is a huge issue. It's also clear that when the recession came and we let go of 300 plus -people in Collier County and didn't raise people's taxes, that budgets were cut, and one of the budgets that were cut was stormwater. We did that to maintain the tax rate. And it is clear that in 2019 we have significant stormwater� challenges ahead of us that has to do with health, safety, and welfare. And, ma'am, I would -- more than happy -- I would love you to get in touch with my office and leave me your number. MS. SMITH: I have tried numerous times. COMMISSIONER TAYLOR: And then, please, when the next storm comes, I will take you around, and Ms. Rae Ann, you're also invited. MS. BURTON: We don't haves the issue out there. CHAIRMAN McDANIEL: It's okay. We're not addressing right now. COMMISSIONER TAYLOR: And it is clear that right now the level of service we have for stormwater specifically about swales is every 57 years, and that is a problem. So what I would like to do is if this fails -- and I'd like �e make the -- make it really clear. I think it is very clear that in this current budget process, look at where we are going to cut, because we cannot take money from the sales tax and give it to stormwater. You wisely took the stormwater out of any kind of discussion or sales tax initiative. You did it for a very valid reason. And now we are faced with, if this doesn't -- if this doesn't go forward and the rain doesn't stop, we have to figure out where we're going to take the money from. And maybe it is more money from medians. I don't know. But, clearly, we do not have enough of a latitude in this to fund stormwater maintenance the way it needs to be funded for the health, safety, and welfare of this community. i ii February 26, 2019 Thank you. CHAIRMAN McDANIEL: Thank you. Commissioner Fiala. COMMISSIONER FIALA: Yes. Rather than take it from the medians, which everybody is trying to do right now -- and I'm that that's targeted at one particular person in general -- how ahuuL the fact that we've been collecting money for the same projects we had on the sales tax and, instead, let the sales tax that is in place now fill the needs that it was designated for, and the money that we've collected over the years, use that toward the stormwater. CHAIRMAN McDANIEL: And that may be a discussion that we can have at another date while we're deliberating over our budget. And so, with that, I'm going to call the question. All in favor of the motion to move this forward as the recommendation of the executive summary, say aye. COMMISSIONER SOLIS: A 6 y COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Fails 3-2. COMMISSIONER TAYLOR: I look forward to a vibrant and in-depth discussion at our budget, and hopefully our next budget workshop, which will be in March. We can start that. CHAIRMAN McDANIEL: Commissioner Taylor, thank you. COMMISSIONER TAYLOR: Thank you. Don't mute me. CHAIRMAN McDANIEL: When we're done voting, we don't want to go on afterwards. COMMISSIONER TAYLOR: That's not necessarily true. CHAIRMAN McDANIEL: It would be my preference. 0m February 26, 2019 MR. OCHS: You ready? Next item, sir. CHAIRMAN McDANIEL: Yes, sir. Item #8A RESOLUTION OF DENIAL 2019-36: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.03.0I.B.1.C.I OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD IN SECJION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPROVE — FAILED TO ACHIEVE A SUPER - MAJORITY; THE COUNTY ATTORNEY'S OFFICE WILL BE PREPARING THE RESOLUTION OF DENIAL Item #9A 4 AN ORDINANCE PETITION PL20160002584/CPSS-2017-1, A GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT SPECIFIC TO THE CONDITIONAL USES SUBDISTRICT OF THE GOLDEN GATE AREA MASTER PLAN, TO ALLOW CHURCH USES FOR THE GRACE ROMANIAN BAPTIST CHURCH - MOTION TO APPROVE — FAILED TO ACHIEVE A SUPER -MAJORITY MR. OCHS: These are companion items. Item 8A and 9A will be heard together, Commissioners. Page 90 February 26, 2019 Item 8A requires that ex parte disclosure be provided and that all participants are sworn. It's a recommendation to adopt a resolution of the Board of Zoning Appeals providing for the establishment of a conditional use to allow a church within an Estates zoning district pursuant to the Collier County Land Development Code for property located on the southeast corner of Golden Gate Boulevard _,ollier Boulevard and then, sir, allow me to read Item 9A. _ And 9A is a recommendation to approve by ordinance a Growth Management Plan small-scale amendment specific to the conditional uses subdistrict of the Golden Gate Area Master Plan to allow church uses for the Grace Romanian Baptist Church; an adoption hearing, this would be. So ex parte on Item 8A, Mr. Chairman, please. CHAIRMAN McDANIEL: Start down here with Commissioner Solis. COMMISSIONER SOLIS: I have had several meetings with Mr. Yovanovich, Ms. Haroldson, Mr. Fruth, Adrian Roman, Anna Weaver. I had a phone call with Patrick Miller, and I've received emails from various of the residents adjoining the property. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. I've also met with Rich Yovanovich, Jessica Haroldson, Josh Fruth, Adrian Roman, and Anna Weaver. I've spoken to a couple planning commissioners, and I've received a few emails. CHAIRMAN McDANIEL: Commissioner Taylor, we'll go to you. COMMISSIONER TAYLOR: Yes. I received emails, I met with Mr. Yovanovich and Mr. Ruth (sic) and his staff on Tuesday the 19th9 I had a phone call with Mr. Ramsey yesterday regarding this issue. I also have visited the site, and I think that's it. Thank you. CHAIRMAN McDANIEL: Very good. Page 91 February 26, 2019 Commissioner Saunders. COMMISSIONER SAUNDERS: I've had meetings and correspondence, I've met with the petitioner and several of the residents, and have also taken a look at the site. CHAIRMAN McDANIEL: And I, myself, have had multiple meetings, correspondence, and an enormous amount of emails. MR. OCHS: We have to swear in the participants, please. (The speakers were duly sworn and indicated in the affirmative.) MR. YOVANOVICH: Recognizing the -- for the record, Rich Yovanovich. Anna's, obviously, going to do the presentation. But I'm just trying to be sensitive to the fact that we may not get through this item -- may or may not get through this item with five commissioners here. So how many -- Troy, how many public speakers are there so I can judge whether I want to request a continuance before we start in case there's a chance we may not finish? MR. MILLER: I have a total of five registered speakers. I do want to tell -- some of the speakers signed up for both 8A and 9A. You only get one bite at the apple, so to speak. So five speakers. MR. YOVANOVWH: Okay. I think we can probably get through this. So I'm not going to ask for a continuance. I just wanted to get an idea in case we started it and might not be able to finish. Thank you. CHAIRMAN McDANIEL: Brief presentation. MS. RITENOUR: I'll try. Good morning. My name is Anna Weaver Ritenour. I'm a Planner with Davidson Engineering here representing the applicant, Grace Romanian Baptist Church. My presentation today will include the Companion Items 8A and 9A. This is the second presentation to this board, so you may be well aware of the project, but I'm going to briefly review for the record Page 92 February 26, 2019 and include the revisions that we've made since our last hearing. Okay. The subject property is located at the southeast corner of Golden Gate Boulevard and Collier Boulevard. It consists of two parcels and is a total of approximately 6.25 acres. The applicant has two - S petitions under review. The first is a small-scale Growth Management Plan amendment. This is to include the site as an exception to the locational criteria for a church in the Golden Gate Area Master Plan, and the second request is for the conditional -use approval to allow a church in the Estates zoning district. The conditional -use approval is reliant upon the approval of the GMPA, which is why we've requested them concurrently. So first I'll go over that Growth Management Plan amendment. Here's an excerpt of the plan map for the Golden Gate area vyith the subject property identified with the star. r% -"k Florida Statutes identify review criteria that are listed here. County planning staff has found that the application is consistent with all this criteria and recommended approval of the application. Next, I'll go over the conditional -use petition. So currently the site is in the Estates zoning district. .This is not a rezone request. Permitted uses in the district are listed here. And churches are listed as an allowable conditional use in the Estates district, which means that they've always been contemplated in this district, but each review is on a case-by-case basis. So here is the conceptual plan for the project. We've identified one ingress/egress point to the north on Golden Gate Boulevard. The development area will include up to an 18,000 -square -foot primary building to hold the sanctuary and other typical ancillary rooms for the church. This is a reduction from the 24,000 -square -foot sanctuary which we previously proposed, and it was a result of coordination with the Planning Commission. Just Page 93 February 26, 2019 south of the building is an area reserved for outdoor recreation and the possibility of a pastor's residence, which is limited in size. Highlighted in green are the conceptual areas for preserve and stormwater retention. We've also identified a minimum 129 parking spaces which are required. So now I'm going to go through the redlined conditions of approval that we've made revisions to sine our last hearing before you. Number 1 limits the hours of church services and meetings, including a max of one service on Saturdays between 8 a.m. and 9 p.m., three services on Sundays between 8 a.m. and 9 p.m., max three services on recognized holidays. Thursday evening services between 6 p.m. and 9 p.m. Weekday church -related meetings and gatherings between 10 a.m. and 4 p.m. for up to 50 parishioners, except weddings and funeral. Weekday meetings and gathering between 6 p.m. and 9 p.m. for up to 100 parishioners except weddings and funerals, and Easter Sunrise and New Years' Eve services will be permitted limited to indoors only. Number 2 limits the floor area to the primary structure to 18,000 square feet, which is a reduction, and includes up to 300 seats. Number 3 states the church shall provide a maximum of 140 parking spaces on site with no on -street parking permitted, which is an addition. Four, we've got our list of -- 4 and 5 are our list of prohibited and accessory uses, respectively. We've added under prohibited uses educational -- or, I'm sorry, drug and alcohol rehabilitation, and we've added under permitted accessory uses counseling services similar to AA and NA. So we've added language to differentiate between drug and alcohol rehab, which is -- a medical facility we never would intend to be, and fellowship type counseling services, which are typical to a neighborhood church to provide a safe space for guidance. Page 94 February 26, 2019 Number 6 is similar -- is the same as what was previously proposed with the signage. Number 7, we did add some language that says leasing to other congregations is prohibited. Number 8 limits special events to a maximum of 12 event per year. Carnivals and outdoor amplified sound are prohibited, which was a revision that we made after our last public hearing before the Board. Number 9 specifically prohibits all outdoor amplified music and sounds. Ten prohibits lighting of the outdoor recreation area and allows typical residential lighting for the pastor's residence. Number 11 specifics detailed lighting conditions on the property to allow minimal impact to surrounding properties. Number 12 prohibits any church steeple lighting. Thirteen, 14, and 15 also are the same as what was previously proposed: 13 has to do with the landscaping adjacent to the southeast, 14 is our building height maximum, and 15 relates to a dumpster enclosure if needed. Sixteen is our maximum traffic peak -hour trips. We have not changed those. Seventeen is the typical language used for places of worship for a specific event. If it creates significant traffic, we will hire law enforcement to direct that traffic. Eighteen requires a wall along the south property line adjacent to First Avenue Southwest. So, in conclusion, the applicant would like to request the Board to move to approve these two requests consistent with unanimous recommendations made by staff and the Planning Commission. CHAIRMAN McDANIEL: Any questions? Commissioner Fiala, a question of the petitioner. Page 95 February 26, 2019 COMMISSIONER FIALA: Yeah. Just a question in reading some of the emails that I received, they were saying that Grace Romanian Church has already gotten approval on another lot down the same street. What are they building down there, or is it also for a church or what? � MR. YOVANOVICH: Actually, what they did, Commissioner Fiala, is they acquired property that has an existing building on it as a Plan B. It's not their preference. But they were looking at if this all -- if they can't build the church that they really want to have in the location they really want to have it, they had a Plan B. They were in an office building that really wasn't working for them, so they bought this other church. It's not their desired option, so they still want to pursue having the church that they really want to have on this location, but they did acquire another existing church as a Plan B; not their preferred choice. COMMISSIONER FIALA: So they're not going to have a church and a church? MR. YOVANOVICH: No. They'll have one church, and they want to build one from peatch that really meets their needs versus having to figure out how to make an existing church work for themselves. COMMISSIONER FIALA: Somebody suggested that they were buying one for a property for the pastor to live in. MR. YOVANOVICH: No. As you can see on this master plan, there's already space if they want to have a pastor's residence on the new church that they want to build. It will be there. So they're not going to use that other parcel of property for the pastor's residence. CHAIRMAN McDANIEL: All right. Let's hear from our public speakers. Page 96 February 26, 2019 MR. MILLER: Your first speaker on this item is David Meffen. He's been ceded additional time from Robert Statile. Are you here, Robert? MR. STATILE: Statile. MR. MILLER: Thank you. Statile. He will be followed b Michael Ramsey. Mr. Meffen, you have six minutes. MR. MEFFEN: Good morning, Commissioners. 0 I would like to start with the neighborhood information meetings that we had regarding this -- before this new application. The thing that concerns us the most is the changes. We went to these meetings. We were pretty much guaranteed what we were going to have, and then the changes. I think we acted in good faith. I don't believe they did. ,� Looking at some of the changes, thousand -square -foot sheds increased to 1,800 square feet. Lighting moved from 15 feet to 20 feet. Leasing. They're allowed to lease the property, correct? COMMISSIONER SOLIS: They just removed that. MR. MEFFEN: Okay. They removed that. CHAIRMAN McDANIEL: That was pulled. MR. MEFFEN: Okay. CHAIRMAN McDANIEL: And lighting was a benefit from 15 to 20 feet. That's a setback and a reduction. I'm sorry. I told you not to address the speakers, and I'm doing it. Forgive me. MR. MEFFEN: Anyway. CHAIRMAN McDANIEL: Proceed on, David. I'm sorry. MR. MEFFEN: My point is, this is always a fluid process and, in my opinion, what changes are we going to see in the future after you go through with this, once they get their permit? Open up to Weber? Open up First Avenue? I just don't see them acting in good Page 97 February 26, 2019 faith like we were hoping at the neighborhood information meetings. Urge you not to pass this resolution. Thank you. CHAIRMAN McDANIEL: Yeah. David, Commissioner Taylor has a -- COMMISSIONER TAYLOR: May I ask you where -- yol in this area? MR. MEFFEN: Yes. I don't live too far away. I'm on 27' Street. But, I mean, I'm at Max Hasse all the time, and so, you know, the traffic would be an issue for me. CHAIRMAN McDANIEL: Thank you, David. MR. MILLER: Your next speaker is Michael Ramsey. He will be followed by John Kelly. MR. RAMSEY: Good afternoon or -- good afternoon, Commissioners. My name's Mike Ramsey. I'm the President of the Golden Gate Estates Area Civic Association. At the last BCC meeting this issue was sent back to the Planning Commission. We attended that, listening to the residents. We watched the changes that was made at the meeting. % And we held our own meetings concerning this issue. The residents we met with ipmy group still feel that the changes made still does not adequately 42 this end of the community for this location. The big issue here is community quality of life. We think that the presence of this organization at this location exceeds the threshold for what the people expect as quality of life. What you see on the monitor in front of you, this is First Avenue Southwest. This happens every day Monday through Friday from 2:30 to 3:30 to 4 o'clock. This is the line of cars that lines up going into the Big Cypress Elementary there. This is the First Avenue. Once it backs up back to the park entrance, they have to start coming down Weber to come in to line up here, so this goes on every day. 0m February 26, 2019 So the other issue we get into here -- you can see that's the line of cars from the school. So in order to do some safety, they park on the walks. And this goes all the way down the end of the road every day. Now, on special events at the Max Hasse Park, this goes on both sides of the road all the way down to Weber on First Avenue Southwest. So when the park has events and other issues, special events and holiday issues, the residents have to deal with this, and this is a quality -of -life issue to them. The other thing about it is the transportation is the biggest issue, and then the lights and the noise was one of the most frequent comments we got from our residents. Last thing that they are still concerned with is being able to lease outside operations. So here's an aerial of the location of Golden Gate Boulevard, Max Hasse Park, entrance road into it. You can see where they have now purchased the old Presbyterian church there on the entrance road. It's less than a half mile away from the other location. First Avenue Southwest is where all the traffic issues are, and now that the block has been put in Golden Gate Boulevard, there's going to be more traffic on First Avenue as they use the red light at Max Hasse Park. This area, because of the block at Golden Gate, almost all traffic now has to go down Weber to White. This just keeps piling on traffic and transportation in this one area. We think it exceeds the threshold, and we believe that this operation shouldn't be in this location, so we recommend denial. Thank you. MR. MILLER: Your next speaker is John Kelly. He was ceded additional time from Renate Kelly, is present -- is she present? MS. KELLY: (Raises hand.) MR. MILLER: Thank you. CHAIRMAN McDANIEL: She is. MR. MILLER: You will have six minutes, sir, and this is your final speaker on this item. Page 99 February 26, 2019 MR. KELLY: Good morning, Commissioners. My name is John Kelly. I'm speaking for myself and Mrs. Kelly. She resides at 291 Weber; I reside at 221 Weber Boulevard South located within Golden Gate Estates, Unit 4, we've resided there in excess of 25 years. Together it's a combined 10 acres. I originally opted to locate in the Estates as it was, for the mos part, a rural, slower, and more tranquil way of life. There was less traffic and, of course, it was more affordable than the urban area. I've always expected that Golden Gate Estates, Unit 4, would develop but never expected that it would be commercialized to the extent that it has been. Tf Again, this is the second time you're hearing this petition. It was initially denied with a vote of 3-2; however, that denial was withdrawn, and it's my understanding that Commissioner McDaniel desired additional public outreach and requested the item be returned to the Planning Commission in an effort to ameliorate the impacts of a church on the neighborhood, Only the latter part of that request was recognized, and the concessions were minimal and, to a greater extent, I don't believe they're really enforceable. With respect to the public outreach, your staff just completed a major reevaluation of the Golden Gate Area Master Plan and, for the most part, learned that the residents of the Rural Estates appreciate their way of life and desire to maintain it. This study was passed by you and transmitted to the state, so I trust approval is pending. The residents of the rural Golden Gate Estates have spoken during that process. It should be noted that Golden Gate Estates, Unit 4, is somewhat unique in that it is encompassed by three major roadways and a canal system, specifically Collier Boulevard and a canal to the west, White Boulevard to the south, and Golden Gate Boulevard to the north. Page 100 February 26, 2019 The northeast quadrant has been severely impacted by the Big Cypress Middle School, Max Hasse Community Park, two Jehovah's Witness kingdom halls located upon the same property, and what had been the failed Cypress Wood Presbyterian Church, which was purchased several months ago and is now the current home of Grace Romanian Baptist Church. Additionally, Weber Boulevalu South and First Avenue Southwest serves as a convenient means of accessing these uses. Additionally, Weber Boulevard South has become a high-speed bypass for County Road 951, Collier Boulevard. As the county will not act to reduce the speed of traffic, there is little residents can do but to protest any uses that will increase traffic. With the speed and quantity of traffic on Collier Boulevard, Golden Gate Boulevard, and Weber Boulevard South, locating a traffic -generating use at the subject location is an accident waiting to happen. The location is horrible. The present location of the church is a much better -suited location, as it is served by a traffic signal. Lastly, please note that there are two petitions before you. One being the amendment to your newly -approved Golden Gate Area Master Plan and the otlpr for a conditional use. Without the former, the subject project is not consistent with your Comprehensive Plan, and there should have never been an expectation that any development other than that of a single-family residence could occur. The fact as was brought out at your last meeting the last time this was heard, the fact that this petition could result in this being the third church to be denied at a major intersection should be irrelevant. Each petition has stood on its own merits. The fact that -- the fact is that this is a traffic -generating quasi -commercial use being shoehorned into a residential area. Please preserve the Estates' quality of life by voting no to the Golden Gate Area Master Plan amendment. Thank you very much. Page 101 February 26, 2019 CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I received an email from Mr. Shortameyer (phonetic) regarding an easement that if this is passed, to have -- and I'm not sure, sir, whether you've talked to him, but there's a -- the western edge of the property -- to allow public recreational use and access to the South Florida Water Management District waterway. The width and use of that to the north and many other -- I'm sorry. The width and use of that easement should be similar to that available adjacent to St. Agnes. I'm having trouble with the waterway. So maybe we could get somc CHAIRMAN McDANIEL: What does that to do with St. Agnes? COMMISSIONER TAYLOR: No. He's talking to -- saying the width of the easement should be similar in terms of what St. Agnes has. So, apparently -- and I'm not aware of that planning process. CHAIRMAN McDANIEL: Right. That was quite some time ago. COMMISSIONER TAYLOR: But I'm not even sure about public access, and for what? CHAIRMAN McDANIEL: I do know what you're dealing with South Florida Water Management, which, you know, we have an MOU with the district and the canals and who owns them and who maintains them, and I do know that there is access easements afforded on canals systems that are owned by the district for public access and recreational purposes. I do know that. That is -- and that's been an issue in my private life in the past. COMMISSIONER TAYLOR: Maybe that's what that's referring to. CHAIRMAN McDANIEL: Maybe that's what they're, in fact, referring to there is that in -- that easement is synonymous with what's already existent to the north. Page 102 February 26, 2019 I don't know for sure. This is new news to me. I'm just supposing at this stage, so... Do you have anything to say? COMMISSIONER TAYLOR: About that? MR. YOVANOVICH: Not about that, but -- CHAIRMAN McDANIEL: Not about that? MR. YOVANOVICH: I have some things to say about some of the speaker, but I'll wait until -- I guess is staff going to reiterate that they recommend approval, or is there any additional? MR. OCHS: Staff recommends approval. CHAIRMAN McDANIEL: Right. MR. YOVANOVICH: To both. MR. OCHS: To both. MR. YOVANOVICH: Just real briefly in response to some of the issues that came up. 1k One of the initial comments was they didn't want access on Weber, so we moved the access to Golden Gate Boulevard, obviously, in response to the community. The lighting is in response to the community. The hours of operation and the limited hours of worship are all in response to the community. One of the concerns that the Commission has was, as one of the speakers said, the, quote, fluid nature of this request, and we were asked to go back out again and reach out to the community and go back to the Planning Commission. We, in fact, tried to get meetings with the Estates Civic Association, and our requests were denied, but finally they agreed to let us come to one of their monthly meetings. So we, again, went out and presented to the Estates Civic Association and we went back to the Planning Commission, and the Planning Commission was tasked with making this more compatible with the community than it previously was. And I think we did a good job, because the Planning Page 103 February 26, 2019 Commission unanimously recommended, with the changes, that we -- unanimously recommended approval of both petitions with the recommended changes. Our parking is required to be on site. Our hours -- the peak hours of a church are at -- on Sundays. We're not going to be fighting with school pickup and drop-off as that photograph indicated. And if we do have any special events, we have to park our people on site. We have 12 peak -hour trips during the normal weekday, and then we have our weekend, you know, trips. And as I said the last time, we're on a major intersection of Collier Boulevard and Golden Gate Boulevard. I don't know where it would be more appropriate to have a church of this nature on the property. We have always acted in good faith, and we've made revisions in response to comments. And we are requesting that the Board of County Commissioners follow the recommendation of your Planning Commission and your staff and approve both the Comp Plan amendment and the requested conditional use for a church. And with that, we'll answer any -- oh, I wanted to talk about leasing. We have specifically made it clear that -- and it's always been a concern about leasing to outside congregations, and we've made that very clear, and you saw that, that's prohibited, and previous to that we were only allowed to lease to charitable events and/or doing NIMs, and we always had to have a church member present when it occurred. So it's not a money-maker. It's to make it available to other charitable organizations was the prior leasing, and that has not changed, or we're down to just -- and we have special events which stay the same, and we took care of Mr. Kelly. He had raised the issue about carnivals and amplified music. I think we've been responsive to the community, and I think we will 42 in nicely with the community, just like other churches that Page 104 February 26, 2019 I've given you examples of have 42 in with the neighborhood. When neighbors were concerned, those concerns did not come to fruition. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. With that other church that's down the street that they now own, would they do -- some of those things that they guaranteed they won't do at this church, will they do it at that church? MR. YOVANOVICH: That -- no, they won't, because that church has a totally different conditional use and does not allow the uses you're -- does not allow those uses. CHAIRMAN McDANIEL: Not without coming back for another conditional -use request on that side. MR. YOVANOVICH: Correct right. COMMISSIONER FIALA: Yeah. Because I want to make sure -- in my humble opinion, the Golden Gate Estates area is one of the prized areas as far as I'm concerned throughout the country. How many places have the peacefulness and the dark skies and so forth that they treasure and that they bought out there for. And it's difficult for me to approve this except that it's in a location that won't be dp►wn somebody else's street or anything, and -- but with them owning the other one, it makes me just a little fearful, but -- and we can't say, well, will they sell it, because then you can't -- you know, they don't have to guarantee that they'll sell anything. But if they got rid of the other one, then we wouldn't have to worry about something happening down the street. MR. YOVANOVICH: Right. And we were sensitive, too, because we have Dark Sky lighting standards on our property to make sure that we are sensitive to exactly what you're speaking about. Page 105 February 26, 2019 COMMISSIONER FIALA: And I read all of that, and they've limited a great many things, and I felt that that gave people a little bit more comfort. But I just wanted to make sure that we don't leave a stone unturned, especially regarding the other facility that's right down the street. MR. YOVANOVICH: I understand. �+ COMMISSIONER FIALA: So then it would allow them .to do the thing that they did want to have done, but -- o MR. YOVANOVICH: We're not. We can't do what we -- what we've said we won't do here, we won't be able to do there. Does that make sense? V41.0N COMMISSIONER FIALA: Yeah, I understand what you're saying. I think that's clear. CHAIRMAN McDANIEL: GQ ahea . COMMISSIONER TAYLOR: You finished? CHAIRMAN McDANIEL: Well, I have questions for staff. So, please, if you have one for the petitioner, then go ahead, please. COMMISSIONER TAYLOR: I understand wanting to build something that you can customize to your needs. I understand that and I can respect that. �m very troubled by the fact that they own another church. COMMISSIONER FIALA: That what, please? COMMISSIONER TAYLOR: They own another church. And I know that churches cannot be sold to anyone who doesn't use it for another church, so -- and I'm troubled by the traffic. And the -- CHAIRMAN McDANIEL: The church -to -church thing is not as accurate as it could be. COMMISSIONER TAYLOR: It isn't? Well, some churches, let's put it that way. CHAIRMAN McDANIEL: Well, anybody can buy the piece of property. You can't do anything other than what's legally zoned on Page 106 February 26, 2019 that piece of property without going through a rezone and a comprehensive Growth Management Plan amendment process. So they can sell the church to anybody. What the uses are, are then determined by the new buyer. COMMISSIONER TAYLOR: Yeah, but I understand -- and maybe I'm -- but at least by folks that I know that are congregations selling a church, they couldn't sell it to anyone who didn't want to use it as a church. There's a prohibition. But I'm not saying that's every religion, but that's my understanding. But that's aside from the point. I'm troubled by the traffic. CHAIRMAN McDANIEL: So am I. And while we're on the traffic, let's just bring Trinity to the -- COMMISSIONER TAYLOR: Okay CHAIRMAN McDANIEL: --,podium, ecause that was going to be my next question. �f-k COMMISSIONER TAYLOR: And are we changing -- are we changing the zoning from residential to a more intense use, and is that the wisest use of this property? So I'm troubled by it. MR. YOVANOVICH: The zoning's Estates, and conditional uses for churches are aWllowed use through this process. So the zoning is still Estates. It's not being changed to residential. COMMISSIONER TAYLOR: Okay. MS. SCOTT: Good afternoon. CHAIRMAN McDANIEL: Good afternoon. MS. SCOTT: Trinity Scott, Transportation Planning manager. CHAIRMAN McDANIEL: How are you? MS. SCOTT: I'm great. How are you? CHAIRMAN McDANIEL: Good, good, good. Thank you. And my questions for you, Trinity, are the -- and my colleagues for -- I don't know -- I wasn't looking at who was copied and who was not on the correspondence that came to me. Page 107 February 26, 2019 The large issue is the intensity of the use, because there's no argument that this use is going to be more intense than a single-family home or residential use that it's currently zoned for, and then we see the quality -of -life issues that have arisen over on First because the municipality over a period has allowed for a lot of intensities over there at the end of First with Max Hasse, the two churches, and the school, and so on. So my question is, what do we have to do to provide some certainty for traffic -calming devices on both Weber and on First? MS. SCOTT: The Board can direct staff to initiate that study. In our current neighborhood traffic management program, Weber Boulevard is a roadway that we would typically not consider; however, the Board can direct staff to go out and do the necessary data analysis and engage the public with regard to that and come back and report to you. .,k CHAIRMAN McDANIEL: Okay. So having -- and that -- I guess that comes around to -- and I'm not sure about the legalities. Is it legal for parents to park on a -- on one of our public highways in waiting for the school to open like that? MR. CASALANGUIDA: Commissioner, they're in the vehicle, so they're not technically leaving the vehicle alone. They could move the vehicle if you they had to. I think a lot of your schools have that issue, both -- CHAIRMAN McDANIEL: Oh, yes. It's quite a process. So I just wanted to know, you know, if there was anything we might be able to do to assist those residents who have been impacted quite severely by that. So, basically, what I'm hearing from you, you need separate direction from us with regard -- you really can't do anything with regard to the traffic -calming issues with this particular petition. There has to be a study. You have to go out, do warrants, or do Page 108 February 26, 2019 whatever it is, because I know -- I had multiple meetings with Mark Strain who originally had suggested traffic -calming devices along Weber and on -- I don't know if they were on First as well, but I was told that, you know, we can't do stop signs and that you actually have to do warrants before you -- MS. SCOTT: Absolutely. Weber Boulevard has been the discussion throughout the Planning Commission. Stop signs, they must meet warrants per the code of federal regulation as well as the Manual of Uniform Traffic Control Devices. And I have our professional engineering staff, Dan Hall, with me today; any type of device that we put out there, we need to collect data. We need to look and see what the proper device to manage that traffic would be. You know, lots of folks go straight to speed humps. Well, that might be the proper application for this roadway, and we certainly don't want to put something out there that after we pay to construct doesn't work. I'm going to use the chicanes as an example on 13th. Everyone hates those. So we certainly don't want to get into that situation, so we want to analyze, engage the public, engage the folks who are also off of those finger streets with regard to anything that we would do on Weber Boulevard, because they would be impacted as well, as well as our Sheriffs Department, our Emergency Management, and our Fire Department. CHAIRMAN McDANIEL: Okay. Thank you. MS. SCOTT: You're welcome. CHAIRMAN McDANIEL: I want to compliment the petitioner. It was I who sent them back to the Planning Commission. It was I who asked them to make the adjustments to their site plan, to their impacts, to their hours of their operation. I still am not comfortable, especially now having learned that there is another site that the church owns over at the traffic light. I'm not comfortable with this Page 109 February 26, 2019 use and it's compatibility with the neighborhood. There is no argument that this impact is more severe than the current zoning that currently exists on this site for residential purposes and will be an impact that is already being exacerbated by the uses that have been allowed in that particular area. I still have concerns. And there's no -- I mean, there's really -- I mean, I applaud yo for your efforts. I can't take away your efforts and endeavors to try to appease the residents in the neighborhoods and the folks of the neighborhood, but I still can't get happy with the compatibility side of the use request. MR. YOVANOVICH: Let me -- can I respond to that? CHAIRMAN McDANIEL: Of course. MR. YOVANOVICH: A couple things. That church that was acquired was formally a Presbyteriap church, and it existed at the time the analysis was done for the additional church on this particular piece of property. So it was factored into the equation with regard to traffic impacts and compatibility. There is no testimony in the record other than your professional staff and our professional planners who are qualified to testify with regard to compatibility f or this property, and it has been found compatible by everyone along the way: Staff, the Planning Commission has found this to be compatible especially with the changes that we've made. I wish we could do something today with regard to the concern about traffic up and down Weber. It sounds like a study can be done, and we have committed to paying our fair share of what those improvements may or may not be to slow down traffic on Weber that we're not exacerbating, with all due respect, because we're really not a peak use during the normal day. We're a Sunday use. We're not exacerbating the traffic situation on Weber. Page 110 February 26, 2019 We have done what we have been asked to do, and I appreciate the compliment, but, you know, we did what we were asked to do, and your Planning Commission came back unanimously and recommended that this be approved, and we hope that a supermajority of the Planning Commission (sic) can go ahead that. And with that, that's my only comments to your specif - - CHAIRMAN McDANIEL: Thank you, sir. Commissioner Fiala. COMMISSIONER FIALA: Yeah. There was a picture up on the -- that you -- when you first started your presentation, and it showed where the other church was and where this church was, but I didn't know -- I didn't say -- CHAIRMAN McDANIEL: That wasn't thein. That was -- MS. RITENOUR: That was 14r. Ramsey's photo. I'm not sure. CHAIRMAN McDANIEL: Would you like to see that picture again? COMMISSIONER FIALA: Yeah, I would like to see it, because it didn't say which is which, and I just wanted to know -- oh, you've got it, Troy. CHAIRMAN McDANIEL: Troy's working on it. MR. MILLER: Just a second, and I'll get it up there for you. COMMISSIONER FIALA: Okay, great. I just wanted to see which was which. CHAIRMAN McDANIEL: It was the green one there on the bottom. There you go; that one there. COMMISSIONER FIALA: Now, which one are they in now? CHAIRMAN McDANIEL: They are in neither. They are in neither of these. COMMISSIONER FIALA: Oh, really? Page 111 February 26, 2019 CHAIRMAN McDANIEL: Yes. The one on the left at the corner of 951 and Golden Gate Boulevard is the proposed site that we're both voting on today or not. COMMISSIONER FIALA: Okay. So their entrance there, they don't have to be driving down the street or anything, so it wouldn't be bothering the homeowners and so forth there; is that correct? 4 4> MR. YOVANOVICH: I would think you'd prefer that we, be on the corner of 951 and Golden Gate Boulevard. COMMISSIONER FIALA: Yes, that's exactly what I'm saying. And where is the school that they were showing the line of traffic to? Is -- that's down at that end. CHAIRMAN McDANIEL: At the end of First. And then the second block is the location that they've recently -- well, not recently, but they purchased as well. 0 v COMMISSIONER FIALA: Oh, and that's Golden Gate Boulevard. I see. So they're actually -- this one is on the corner of Golden Gate and Collier Boulevard. MR. YOVANOVICH: Correct. That's the one we're proposing today. COMMISSIONER FIALA: And where is the ingress/egress? MR. YOVANOVICH: Right -- go further to the -- go back up to the Golden Gate Boulevard, then slide to your west. Right around there. Ballpark. I mean, I could pull back up the master plan, but that's the general location. Good job. COMMISSIONER FIALA: Okay. I guess we're all still concerned about that second piece of property, but -- CHAIRMAN McDANIEL: And if I might say, just on the second piece of property, it's -- you know, one of the things that was inclining me to support this project was their prior occupation of an office space and having a home. Now that I know that they have a church that's already existent that has been a church at a different Page 112 February 26, 2019 location that I think would be less impactful for the neighborhood -- because it's already a church now. It was a Presbyterian; now it's the Baptist church -- I'm less inclined to support this application. COMMISSIONER TAYLOR: Commissioner, just a question, because Commissioner Fiala made a good point. If you could green up again. What is less impactful; if folks have to -- CHAIRMAN McDANIEL: We can't stop traffic, public traffic on First. That's not going to stop. But to the west of the square that they have where -- that's in front of the school and the park, Max Hasse Park and the light -- that's a traffic light right there on Golden Gate Boulevard, a fully signalized intersection that will allow people to come and go on Golden Gate Boulevard east/west and still go out on First to Weber and go south and then to White to go out to 951. Again, public roads. As Mr. Casalanguida said, as long as they stay in their vehicle, they're okay. COMMISSIONER TAYLOR: All right. Thank you. CHAIRMAN McDANIEL: Yes. Commissioners, are you okay? COMMISSIONER SOLI S: Yes. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Just a -- and I would normally bring this up probably later on in the day, but I don't know if I'll be here. And there seems to be a recurring issue every time we have a zoning application like this when there's a school nearby. And I'm wondering if there's any discussion with staff and the school district. And I don't think we can dictate anything to the school district. But I really think we need to have a discussion, because I have seen at least six pictures of the traffic from a school backed up in every single one of these applications that we've seen near a school. And I know it's an issue off of Livingston. You know, it's a recurring theme, and maybe we need to work with the school district to address Page 113 February 26, 2019 that, because it seems that this stacking up of traffic outside of a school is a problem, and it puts a burden on everybody else. CHAIRMAN McDANIEL: It's certainly putting a burden on the folks on First. I know when I used to line up at the Vineyards to pick up my own children, they had a queue all the way around. '� COMMISSIONER SOLIS: Well, it's a problem, I think, ai)w almost every single elementary school. So I'm just wondering if there isn't something that we can try to address at least with some communications with the school district. And I'll be glad to try to do that. This just seems to be a recurring problem. �U If things are now that parents don't let their+kids ride the bus or whatever, maybe we need to address that in some way. I don't know if there's anything we can do, but I think it's something we need to at least try to address with the school district. MR. CASALANGUIDA: It did change the code for the charter schools to require a traffic study, and the newer schools are doing a better job of doing traffic circulation. A lot of the older ones are the ones that are problematic. So, Trinity, if you want -- MS. SCOTT: I would echo that. We -- with the school up on Livingston, we just actually had a coordination meeting with the school district a week or two ago talking about the new high school but also coming back and addressing some of the concerns that we have with regard to the elementary school. We also have a similar issue on Immokalee Road where our operations folks have actually gone out at Palmetto Ridge and then the adjacent elementary school and observed traffic and have been working with their engineers to try to come up with solutions that will utilize the existing space that they have better, understanding Page 114 February 26, 2019 their state law that they have to keep the parent traffic and the bus traffic separate. COMMISSIONER SOLIS: Right. MS. SCOTT: So there is limitations with some of the existing sites, but we're trying to work with them as best as possible wher we can to get the traffic off of the roadway. N+ COMMISSIONER SOLIS: Okay. And I -- you know, I can appreciate Mr. Yovanovich's eyes rolling back in the back of his head, because I just brought up an issue that's totally unrelated to the application, but I think it's something that we need to try to work on, and I'm glad to hear that we're trying to solve those issues, because it's a recurring theme every time we have an application. That's all I have. COMMISSIONER FIALA: I just read that that's something that's really -- and not only with us, but other counties around us, same problem. And so I think you're hitting the nail on the head, and we should start it sooner rather than later. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I'm going to go ahead and make a motion. I supported this project when it came before the Board the first time, and I think they've made some improvements. So, I'm going to make a motion to approve the two items. Obviously, it needs four votes to pass, but it's time now to make a decision, so I'll make a motion to approve this. COMMISSIONER FIALA: I'll second the motion. And I think that whoever drafted this, I think it was the Planning Commission, I think they took -- and it was not the first or the second bite of the apple, but it was the third bite of the apple until they kept cleaning it up to a point where it would be -- it wouldn't be as much of an impact to the surrounding communities, and so I will second that motion. CHAIRMAN McDANIEL: Well -- Page 115 February 26, 2019 COMMISSIONER SAUNDERS: It's deja vu all over again. CHAIRMAN McDANIEL: I think it's time to go -- it's been moved and seconded that the applications, both of the items be approved. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. �+ COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: All opposed? O Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN McDANIEL: I'm sorry. COMMISSIONER TAYLOR: Sorry. CHAIRMAN McDANIEL: With that, we will take lunch and be back at 1:34. I'm going to give you an extra minute. (A luncheon recess was had.) - -k MR. OCHS : Mr. Chair, you have a live mike. CHAIRMAN McDANIEL: Outstanding. Thank you very much. MR.00HS: Yes sii CHAIRMAN McDANIEL: Good afternoon, everybody. We are back. County Manager, where are we going to go? Item #9C1-ir I ORDINANCE 2019-03: ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM - ADOPTED W/CHANGES AS PRESENTED; MOTION DIRECTING STAFF TO WORK WITH CCLAAC ON THE 2020 REFERENDUM LANGUAGE — APPROVED Page 116 February 26, 2019 MR. OCHS: We're going to go to 9C, Commissioners; that's your last public -hearing item that was moved from your summary agenda at Commissioner Saunders' request. This is a ecommendation to adopt an ordinance amending the Conservation Collier ordinance. CHAIRMAN McDANIEL: And it prior was the 17 -- MR. OCHS: C. CHAIRMAN McDANIEL: -- C, just for clarification. MR. OCHS: Right. So, Commissioner Saunders, staff s ready to respond to questions or however you wanted to proceed. COMMISSIONER SAUNDERS: I wanted to make sure that some of the little technical issues that some of the environmental groups had raised was included. That's w I pulled this, because this is on there for final approval. The County Attorney provided me two pages which would be replacement pages for the ordinance. One is Page 1 and the other's Page 18. And if you could put Page 1 on the visualizer and be prepared to put Page 18 on there, I think these changes may answer all the questions that some of the environmental folks had. I don't see any of them in the room. Oh, no, I'm sorry. I see two. One of the concerns was the dealing with the whereas clauses and making sure that we didn't change the whereas clauses in the existing ordinance, and so what Mr. Klatzkow has put together is a new set of whereases for the new ordinance, which just basically says we're adopting an ordinance. It doesn't change any of the whereases. So the existing whereases would continue -- MR. KLATZKOW: Exactly. COMMISSIONER SAUNDERS: -- in effect. And if you'll go to Page 18, there was some language that was being deleted, and this needs to stay up there a little bit longer. And this undeletes. MR. KLATZKOW: My understanding, that was the request. Page 117 February 26, 2019 COMMISSIONER SAUNDERS: Yeah. So that language that's highlighted there would stay in; is that correct? MR. KLATZKOW: Yes, we would undelete it. COMMISSIONER SAUNDERS: Okay. So those are the two changes, and I wanted to have the environmental folks see those two changes. If that covers their concerns, then we're good to go. There may be some others. MR. CORNELL: Are you inviting us to talk? O MR. MILLER: I do have Brad and Gladys registered to speak, if you would like me to call them at this point. � � CHAIRMAN McDANIEL: Absolutely. You're just going to -- and, Brad, you will not be forgotten. It just is -- these are new issues. I didn't know what Commissioner Saunders wanted to talk about specifically, and so, yes, absolutely. Does staff want to say anything before we go into the public speakers? MR. WILLIAMS: Commissioner, Barry Williams, Parks and Recreation Director. We would follow the will of the Board in this matter, and certainly those changes wouldn't affect us in a negative way, so... CHAIRMAN McDANIEL: Okay. So I have a couple of commissioners that wish to speak. Let's go do -- you want to comment, or do you want to hear the public first? COMMISSIONER TAYLOR: No, just, basically, I agree with the ability to swap lands, especially when you're trying to accumulate an area for a specific purpose like water resource, things like that. So I'm -- I'm glad they're -- I like the suggestion, so I'm comfortable with both. And that's all I have to say. CHAIRMAN McDANIEL: Commissioner Solis? COMMISSIONER SOLIS: I just want to make sure that I understand what the change means, because we had this discussion last time, or we had a discussion about the change when it was going Page 118 February 26, 2019 to be deleted, and I think after the fact I realized that maybe I didn't really understand. I might have had it backwards. So I don't know if -- CHAIRMAN McDANIEL: And who would you like to have clarify your issues? COMMISSIONER SOLIS: Well, I think Barry -- I do know -- if you could just. MR. WILLIAMS: We just wanted to put something on the screen for you for a visual. COMMISSIONER SOLIS: Okay. MR. WILLIAMS: So if you un -strike through this language and leave it, what it does is it gives you the opportunity, if you wanted to acquire a parcel strategically -- and we're using Winchester Head as an example where we have multi parcels that we're trying to collect. So the example that you would point to is -- let me just take the mike here. You just want to look at this particular instance. So this dark area here is Conservation Collier land, and these other different colors are lots that we'd like to acquire. So say, for example, somebody wanted to sell us a property in these areas. It would bpbeneficial for us to buy those areas and fill in the matrix, if you will, but then, as a swap, you might look at the lands that we own up here that is less desirable, and if the swap occurred, the development rights would reoccur on that property so that the person -- incentive for the person to do the swap could develop the land in the potential they want. In this case, what you're seeing is right next to that lot there's a lot here's that's residential. So a likely scenario, somebody would get this, development rights would come on, and they could go build a house on it, say. COMMISSIONER SOLIS: So those two lots that you were just pointing at, the one that's next to the residential and then the four lots below it, if we wanted to swap those just to have a contiguous piece Page 119 February 26, 2019 of Conservation Collier land, then if we undelete the language, then if we did that swap, then the development rights would go back on the northerly piece that a private owner would end up with. MR. WILLIAMS: It'd give you that option, yeah. You'd have that tool in your toolbox. COMMISSIONER SOLIS: Okay. That's all I had. �+ CHAIRMAN McDANIEL: Let's go to our public spears. MR. MILLER: Mr. Chairman, your first speaker ' rladys Delgadillo. She'll be followed by Brad Cornell. MS. DELGADILLO: Hello. Gladys Delgadillo on behalf of the Conservancy of Southwest Florida. I want to thank this commission and CCLAC for working with the Conservancy throughout this revision process and addressing many of our concerns. I especially want to thank Commissioner Saunders for addressing two of our remaining concerns today. I haven't seen the new whereas language. I think the Conservancy still has some questions if they could be clarified for the record by the attorneys. I'm still a little bit confused about what happens to those whereas clauses. Do the original whereas clauses, you know, remain in efkct and show intent for this ordinance? And what happens then to the change the BOCC made at the last meeting regarding the ad valorem or other funding sources? Does that just become null because now we're just sticking with the old whereas language? The Conservancy is comfortable with the old whereas language, so if that's the case, we support that. We were concerned about removal of language which limited use of Conservation Collier dollars for acquisition and management but would just appreciate further clarity as to what remains to speak to the intent of this ordinance, and we thank you for your time. MR. KLATZKOW: Old whereas language remains. Page 120 February 26, 2019 CHAIRMAN McDANIEL: It does. MR. KLATZKOW: That's the purpose of this. MR. MILLER: Your final registered speaker on this item is Brad Cornell. MR. CORNELL: Good afternoon, Commissioners. Brad Cornell on behalf of Audubon Western Everglades and Corkscrcw Swamp Sanctuary. So I, too, am appreciative of the staff and the Board's working with us and CCLAC's working with us and Commissioner Saunders bringing this off of the summary agenda. I guess I'm not familiar with this legal process of whereas clauses not being shown on an amended ordinance. So if that's the case, as your attorney has just asserted, then we're fine with that, too. From a layman's perspective, I read what I read, and that's what it means to me. If it's not there, I don't know what to think about it. MR. KLATZKOW: We're not rescinding the prior ordinances. They stay the same; so will the language. MR. CORNELL: That's great. That's great. I just -- guess under that rationale, Mr. Klatzkow, if we're amending the ordinance, you would only put the amendments and you wouldn't put the rest of the ordinance, too, andp -- MR. KLATZKOW: Well, we do -- and depending upon the ordinance, we would just use the changes. Often we do that. On this one -- MR. CORNELL: You're putting the whole ordinance. MR. KLATZKOW: We just put the whole ordinance. It's just for fluidity purposes. MR. CORNELL: Okay. That's the only confusion that I think I and the public might have is that, what does this all mean? But what you're saying is assuring to us, and so we would support that. We'd also support the lot trading ability that you're restoring by undeleting Page 121 February 26, 2019 that Section 14, Item No. 7. So those look good. Thank you very much. COMMISSIONER SAUNDERS: Would it be appropriate, then, to make a motion to approve on second reading the amendments to the Conservation Collier ordinance as outlined by the County Attorney? If it's appropriate, I'll make that motion. lb� CHAIRMAN McDANIEL: It's appropriate if you're ready to go. Yes. It's been moved that we do that. COMMISSIONER FIALA: Second. COMMISSIONER SOLIS: Okay. And a second. I just want one clarification, because I went through it very quickly this morning. The language that was of concern about the purchasing policy. MR. KLATZKOW: That was in the resolution. COMMISSIONER SOLIS: That was in the resolution. Okay. MR. OCHS: The Board had voted not to do that. COMMISSIONER SOLIS: Okay. I just want to make sure that that's been taken out somewhere. MR. OCHS: It's not in there. COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: Thanks. And, Mr. Chairman? Oh, I'm sorry. COMMISSIONER TAYLOR: If you don't mind. Could we just go back to Page 1 where we're -- the first change. CHAIRMAN McDANIEL: The whereas? COMMISSIONER TAYLOR: Yes. COMMISSIONER SAUNDERS: We're not changing any of the whereases. CHAIRMAN McDANIEL: The whereases are all the same. COMMISSIONER TAYLOR: Okay. And so the whereas it's — all right. Page 122 February 26, 2019 So I have a question. Why wouldn't it just be better to put the whereases in there? Because I kind of agree with Brad about it. MR. KLATZKOW: Well, you could, but you've had multiple amendments over time, and just putting them all in, it gets a little clunky. You could, but it's just -- COMMISSIONER TAYLOR. Well, dust the whereases. ql)w MR. KLATZKOW: No, I understand what you're saying. But you've got the first whereases, then you change the ordinance, and you had a bunch of other whereases talking about changing the ordinance, and then you've got another change in the ordinance, so a bunch of other whereases changing that ordinance. This ordinance was modified multiple times over the years. So this doesn't change any of the whereases, but putting them all in would be clunky. COMMISSIONER SAUNDEJS: It just would be an extra piece of paper in front of you, but the whereases are staying the same. COMMISSIONER TAYLOR: Well, we all can't afford an attorney to go through all this stuff. You know, that's the issue. COMMISSIONER SAUNDERS: I can't afford that either. MR. KLATZKOW: I mean, if you want, we could do it, but -- COMMISSIONER TAYLOR: So it would be the whereas from each and -- MR. KLATZKOW: Each and every single time we did it, yes. COMMISSIONER TAYLOR: Okay. You didn't attack those whereases when you started looking at all of this. CHAIRMAN McDANIEL: I haven't attacked anything. COMMISSIONER TAYLOR: I meant got your teeth into it, so to speak. Just got your teeth into it. CHAIRMAN McDANIEL: I've had an opinion about several things. COMMISSIONER FIALA: Oh, really? CHAIRMAN McDANIEL: But attack's really -- imagine that. Page 123 February 26, 2019 COMMISSIONER FIALA: Sorry. CHAIRMAN McDANIEL: That's okay. That's pretty funny. But I would say that it's well on time for a cleaning of this. I mean, you know, we've been involved in our private life with ordinances that get adjusted and maneuvered around for some and things have to be picked up and referenced in other places, I'm okay with this as it is. It was my understanding on that strikethrough of the language that Commissioner Saunders wants to add back that we could have done those exchanges anyway had the circumstance arisen that the development rights needed to be restored. But I understand, for clarity purposes, that this is okay. It's not a detraction. So I'm okay with what's being proposed. COMMISSIONER TAYLOR: All right. Thank you. CHAIRMAN McDANIEL: Sq it's been moved and seconded that we accept the adjustments as per -- as what have been presented to us today. Any other discussion?, (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER SAUNDERS: Mr. Chairman, in reference to Conservation Collier, I do have one other issue. It's not on the agenda, but it's an issue, I think, that's important. Mr. Poteet's here. I suspect he's here to discuss this. I think it's important that we direct our committee that handles all of these acquisitions to begin the Page 124 February 26, 2019 process of developing ballot language for 2020. And the reason I say that is I understand it took about six months the last time ballot language was developed. If that's the same time frame for this, we'd be into August, September. Now, that's well in advance of the 2020 election, but then public would have plenty of opportunity to see what that ballot language is. So I would ask that the Commission direct the committee to begin the process of developing the ballot language for 2020. COMMISSIONER TAYLOR: Is that a motion? COMMISSIONER FIALA: If that's a motion, I'll second it. COMMISSIONER SAUNDERS: That would be a motion. COMMISSIONER TAYLOR: All right. There's a second. CHAIRMAN McDANIEL: It'§ been moved and seconded that we ask the CCLAC to develop the ballot language for the '20 referenda. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) COMMISSIONER TAYLOR: It's official. CHAIRMAN McDANIEL: It has to pass. With that, go ahead, sir. I'm sorry. MR. OCHS: No, thank you. Item #I OA Page 125 February 26, 2019 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY REVISIT RESOLUTION NO. 2018- 218 AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON THE CONSENT AGENDA AS #16G. DECEMBER 11, 2018, APPROVING THE PROPOSED RATS; SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2019 — DISCUSSED OMNI 1%* - MR. OCHS: We move to Item 10A. This is a recommendation that the board, acting as the Airport Authority, revisit Resolution 2018-218 as adopted by the Board on December 11th, 2018, approving the proposed rate schedule for Everglades Air Park, Immokalee Regional Airport, and Marco Island Executive Airport for 2019. I believe this was Commissioner McDaniel's item. CHAIRMAN McDANIEL: That's correct. And as staff s preparing their brief presentation, I have met with -- I have met with our staff, and I just -- you know, Commissioner Solis, you mentioned this morning when you were reviewing the item on the stormwater about the Productivity Committee's recommendation, and -- I mean, there's a lot of information that's coming at us on a regular basis. And when I -- this passed -- I passed this back, I think, in December, if I'm not mistaken. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: It was on the consent agenda. I read through the backup data, and I missed the fact that there was information that was utilized that wasn't a comparable for the airport facilities of Immokalee and Everglades City. Staff had utilized rate schedules from other airport facilities and a national standard or a national study that utilized airport rates which was their justification Page 126 February 26, 2019 for the rate increase, so -- and I've asked them to come back and present just to give me a little assurance as to why we're doing what we're doing. There's two portions to this, if I may, and this is one, you know, just to say -- the executive summary says it. I'd like to exempt Immokalee and Everglades from the rate increase, one, and, two, I'm going along the lines of a portion of clarity, I would like for us to give direction to staff to come up with some kind of a coding process in the consent and summary agendas that draws attention to constituents and us as to what's going on in the individual districts. So that's a second part of this same executive summary. Go. MR. LOBB: Very good. Good afternoon, Commissioners. For the record, Justin Lobb, your Airports Manager with the Collier County Airport Authority. .,k And I understand the specific question is with regard to the hangar fee adjustment at both Immokalee and Everglades Airports, which is what I'm going to speak to. The Board did approve our 2019 rate schedule on the December 11th, 2018, meeting. That was Item 16G 1. That's in accordance with our airport authority ordinance and our lease policy. This update is performed on an annual basis or as needed to maintain a fair and transparent rate schedule that is consistent with market conditions. And as a result of that update, we did make a recommendation to increase hangar fees at Immokalee from 260.68 per month -- and Everglades, excuse me -- to 310.68 a month. That's a $50 increase per month, and I'll get into that methodology in just a moment. COMMISSIONER FIALA: Say that one more time, please. MR. LOBB: Yes. The fees at Immokalee and Everglades were adjusted from 260.68 per month to 310.68 per month. That is a $50 Page 127 February 26, 2019 increase. I'll talk about the methodology there behind that in a moment. Where this is then applied is within the individual hangar agreements that tenants sign. It's the board -approved standard Form T hangar agreement. I won't read it in its entirety, but it does that the rate is based on the uniform rate schedule publishes L11L: Authority and is subject to adjustment by the Authority. And then keeping with the policy aspect here, I think it's also important to note our FAA & FDOT grant conditions and that's specifically FAA Grant Assurance No. 24 in that the airport sponsor will maintain a fee and rental structure for facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume Qf traffic and economy of collections. So market rate. COMMISSIONER FIALA: Now, did that go up in Marco also? MR. LOBB: What we did at Marco -- and when we are looking at the rates on an annual basis, we look to see if we're within the market. And at Marco, we were and, actually, you'll see on the right side of the slide here, actually a little bit higher at Marco compared to area airports. Supply and demand there with 12 hangars and 40 on a waiting list. But in that case we've instituted a CPI adjustment to account for inflation. So a little bit more on how we arrived at this fee. On the left side is, as Commissioner McDaniel alluded to, was a statewide study performed by a market research consultant for 2017 and 2018, and that shows for single-engine and twin -engine aircraft hangars, the mean in the Southwest Florida region was 359 to 509 per month, and that's from Collier up all the way to Citrus County, actually. So recognizing that's a snapshot on a statewide level, we took it a little bit further, and we did do an analysis -- a staff analysis here of Page 128 February 26, 2019 airports within the local region, and we sampled these six general aviation airports, those being Punta Gorda, Fort Myers, Page Field, LaBelle, Naples, Marco Island, and Air Glades in Clewiston. And you'll see with those six airports, there is an area average of 315 a month. Now, a couple of caveats to this. LaBelle and Air Glades specifically -- LaBelle is a bit of an outlier there at 225 a month; LaBelle and Air Glades do qualify for a reduction in waiver of local grant -match requirements, as they're part of the FDOT rural economic development initiative, and this is not a program that's available to Collier County or our airports or any of the other airports that are listed. We also did take a closer look at the budget for the Hendry County airports, and it is about a thild of the Immokalee airport budget at LaBelle, and they only have one full-time staff member that's split between LaBelle and Air Glades. I believe that's the airport manager, and their maintenance is supplemented by their Public Works Department.-,* So this being said, it is difficult to compare airports apples to apples. CHAIRMAN McDANIEL: Well, there is no apples to apples. That's the reason I wanted you to bring it back. MR. LOBB: Certainly. But this is the best we can do, and then we take into account such factors as, you know, the role that each airport plays in the communities they reside; the ready program, as I mentioned; traffic. And I think as we've discussed, Commissioner McDaniel, there's a saying in our industry that goes, if you've seen one airport, then you've seen one airport. But that's -- again, that's the best you can do. So then we look at it more on a local level with some of our considerations here. Commissioners, we have 29 T hangars in Page 129 February 26, 2019 Immokalee. All are fully occupied at the moment with a growing waiting list of about 20 individuals from Collier, Lee, Broward, Miami -Dade, Hendry, and Vero counties and several out-of-state residents as well. And I'd note at Everglades, our hangar agreements have been suspended while the hangars are undergoing Irma -related repairs, but that rate will become effective once the hangar is repaired. And this rate actually did take effect at Immokalee on February 1 st, and it's my understanding that 90 percent plus of the tenants are already current with this new rate. There were a few, though, that simply didn't update their online bill pay. I think we can all relate to that; that they are going to correct. A couple other points here. The rate structure, it does allow for an enhanced service offering. Maintenance and upkeep of our existing facilities including the hangars, staffing, all costs that have been increasing over the years. It does contribute to a financial and operational sustainability of the Airport Authority, and that, fortunately, has resulted in eliminating the annual general fund operating subsidy that the Airport Authority had relied on,ior approximately two decades. And that also, with the General Fund contribution for capital projects combined, has accrued to about 24-, 25 million since 1993. Though, again, we're now heading into our fifth year of operational self-sufficiency, and that's something we're very proud of as a result of traffic levels, conservative budgeting, and then this fee approach. COMMISSIONER TAYLOR: I'm sorry. You're going to -- will you repeat that again. Not the whole -- not since you stood up there, but that last paragraph is what you just talked about, the operational. MR. LOBB: So with regard to our self-sufficiency? Page 130 February 26, 2019 COMMISSIONER TAYLOR: Yes, sir. MR. LOBB: Yes. We are heading into 20 -- FY'19 we project to be our fifth year of complete self-sufficiency on an operating basis of the Collier County Airport Authority. COMMISSIONER TAYLOR: That's good. And then -- then there was a lot more with that. CHAIRMAN McDANIEL: There was, but it also had to do with the substantiation of the rate increase was they were self -- we weren't subsidizing the Airport Authority prior to this rate increase. MR. SHUE: Well, Jean Shue, Operations Support Director, GMD. Let me add one thing to that, and I think it will answer your question. Self-sufficient on an operating basis. So previous years there was 3- to 500,000 subsidy up until the airports ended up at GMD. We are not self-sufficient with respect to accumulating the reserves necessary to handle our portion of the local match for grant projects. We're making progress. I can see it on the horizon. We've got a few things going on that's increasing our profitability and, therefore, our reserves. .%..e So any time steps like this are taken that add to the bottom line, that's a bottom line thatAffsets any General Fund contributions that are needed. And, again, none have been needed on the operating side, but we continue to need money on the grant side because some of these projects, including one coming up in the next year or two right out at the Immokalee, it's about eight and a half million dollars. Our obligation is 1.7 million. We're trying to build the reserves so we don't have to go back to OMB with our hat in our hands. COMMISSIONER TAYLOR: So you're not delaying this grant borrowing, but we're taking it from the General Fund in order for you to maintain that level of service. MR. SHUE: That's correct. So to the extent that we can build our profitability, that profitability goes into reserves, which offsets Page 131 February 26, 2019 the need for General Fund contribution. COMMISSIONER TAYLOR: As radical as this sounds -- but I'm not the first person to talk about this. Have you ever thought about talking to Naples Airport about the ability to house more hangars out in Immokalee? MR. SHUE: Well -- and -- we have, and Justin's abou into that, so I'll turn it back to him, and then I'll jump in as necessary, but I know he's prepared to answer that. . C CHAIRMAN McDANIEL: I have talked to the Naes Airport about that. COMMISSIONER TAYLOR: Yeah. MR. LOBB: I'll address the second point Z'74on the hangar need, and that's across Collier County Airport Authority. We did do -- we are working with toe Procurement Services Division to release two separate RFPs for private hangar development at both Marco and Immokalee, and we have selected a developer to continue negotiations for a lease that we look forward to bringing to the Board for consideration in the near future. But that -- specifically in Immokalee, I've included a graphic representation of what fat could look like. This particular development looks to be about two -and -a -half million of capital and private investment that would be a straight revenue land lease to the Airport Authority, additional fuel sales adding about 26 hangars to the airport's -- COMMISSIONER TAYLOR: Aland lease. MR. LOBB: -- inventory. A land lease, that's correct. CHAIRMAN McDANIEL: You can only enter land leases on these -- COMMISSIONER TAYLOR: No, but you wouldn't -- we wouldn't be building them. They would be developing them, and you would lease the land and -- Page 132 February 26, 2019 CHAIRMAN McDANIEL: That's correct. COMMISSIONER TAYLOR: -- we benefit from the fuel? MR. LOBB: We benefit from the land lease revenue, the fuel sales from the aircraft based in those hangars, and then based aircraft also equates to additional activity in the eyes of the FAA that the justify grants. CHAIRMAN McDANIEL: Expansion, that's correct. .446e that as it may, we don't -- you know, there again, I've taken up a lot of time, and I didn't want to. I mean, I'm glad that we've had this presentation, but my -- you know, my request is twofold. Number one is to exempt the Immokalee and Everglades from the rate increase, and I would like to segregate this into two separate votes, if I might. MR. LOBB: Commissioner, jgst CHAIRMAN McDANIEL: What are you making a face for? You're allowed to; just you've got to tell me why. COMMISSIONER TAYLOR: Because this is -- they're building towards the future. CHAIRMAN McDANIEL: I know what they're doing. I know what they're doing. COMMISSIONER TAYLOR: Right. And along with it is raising rates, but these are businesspeople on an airport that is below what the normal is, and at some point we have to stop looking at Immokalee as our poor cousin. Not that we have to, you know, ask them to pay more than that's due, but this is very exciting what's happening with Immokalee airport. The idea to put hangars there and to build up and to get grants and to allow this free -zone airport to operate for the future is very exciting. CHAIRMAN McDANIEL: Somebody write all that down, I'm all over it. MR. SHUE: And, if I may, one other thing I'd like to Page 133 February 26, 2019 interject. Another good reason for bringing the rates up to market is when you bring a private party in and they're looking at spending two -and -a -half million of their dollars, they're looking at what their return will be, and they're looking at what the cost is. So they're in competition with us. They can't undercut us. So they come in — if the come in in order to make this work, they've of to charge 3 K Y Y g g and we've got to supply at 260, that's a problem. Ar (. A CHAIRMAN McDANIEL: Commissioner Solis, and then I'll make a little further explanation, and then we'll do our vote, and we'll get on with the next. It's a double-edged sword here. COMMISSIONER SOLIS: Two quick questions. One is, how long has it been since we've adjusted the hangar fees? MR. LOBB: Well, we adjust them on an annual basis. COMMISSIONER SOLIS: On Vlannual basis. MR. LOBB: We do look at the market. In the past few years, that update has just simply been a CPI adjustment, and now we've taken a closer look and have found, based on other airport adjustments, that we are behind the market here. COMMISSIONER SOLIS: Okay. And there's a waiting list at the Immokalee airport, you said? MR. LOBB: That's correct, for about -- 20 individuals on that waiting list. COMMISSIONER SOLIS: Okay. For how many hangars currently? MR. LOBB: Twenty-nine. COMMISSIONER SOLIS: Okay. And the idea is to exempt Immokalee and which other one? CHAIRMAN McDANIEL: Everglades. COMMISSIONER SOLIS: And Everglades. What about -- well, Everglades is out of commission because the hangars Page 134 February 26, 2019 are damaged? MR. LOBB: For the moment, but that rate increase would take effect upon the completion of the repairs, which is in the next month or two. CHAIRMAN McDANIEL: And my goal for asking for -- did you have something? My goal for asking -- or I'm sorry. idn't mean to -- COMMISSIONER SOLIS: Well, I was just goinj: say, it seems like this is -- to some extent, it should be just a supply -and -demand function, and the supply is very limited, and the demand is high. So I guess I'm not clear as to why we would want to reduce what would potentially be revenue. That'd all I have. MR. LOBB: Mr. Chairman, could I make one more comment? I think this is something that everyone can agree with in that when we do our annual rates and charges update, it may not always result in recommendation to increase fees. Last year in Immokalee, 2018, we revamped our fuel structure, because we were well above the market in terms of the f tel costs. So that, coupled with lower fuel costs, has lowered the self -serve price for gasoline about 20 to 30 percent, and that directly benefits these same tenants. We've been able to capture a larger share of the market, increase volume, ultimately increase profit to the Authority. COMMISSIONER FIALA: Perfect. CHAIRMAN McDANIEL: It is. Commissioner Fiala. COMMISSIONER FIALA: Yeah. That sounds just perfect. And this will, then, help you to be able to build more hangars for these people who want them. And I guess they -- I bet they haven't asked for a rate decrease because they're looking forward to getting those hangars, right? Page 135 February 26, 2019 MR. LOBB: That's correct. COMMISSIONER FIALA: Oh, good. You made a very good point. CHAIRMAN McDANIEL: So sometimes you're asked to things for further explanation, and we have received the further explanation. �y So I'm not going to go through the motions of making my motion to ask that Immokalee and Everglades be exempt because I can -- I'll make that motion and let it die a nice, slow death quickly without a second. MR. OCHS: For the record, the staff is recommending that you maintain the rates that you adopted. CHAIRMAN McDANIEL: Yes, we understand that. MR. OCHS: Thank you. 0 Z%�V CHAIRMAN McDANIEL: That's been made quite evident. I was asked, after I approved this in December, by several of my tenants that are out there about the extraordinary expense increase when Marco was only receiving a 2 percent CPI increase. And then I did some additional analysis and learned that LaBelle, a very similar -sized airport wi$k facilities and the like had a significantly lower rate than what we were asking. And so I wanted to bring it -- and I missed it. Truth, I missed the -- I missed the processes for staffs determination of these rates and the ratification of it when I was reading through the backup data. And so I now understood the rationale even better, and I'm asking the question to have them exempted, so... And it's quite evident that that's not, in fact, going to meet with my colleagues' approval. COMMISSIONER FIALA: Make sure to let them know what Marco's fee is compared to theirs, just so that they -- CHAIRMAN McDANIEL: I got it. I'll make sure that the information gets disseminated out. I want to applaud our staff for Page 136 February 26, 2019 doing an exemplary job. You're doing an amazing job operating this airport. I'm more excited than anybody about the potential of our expansion of this airport and the facilities that are about to come. I have said forever that Immokalee can be the economic engine of Collier County and carry us on into places we haven't ever even thought of before, and this airport is a portion of our infrastructure that we can build off of. So with that, we'll leave the rate structure alone. I would like, if we could, to just give direction to -- I would like to come up with a coding process for our consent and summary agendas that delineate the district where the -- where that particular item is coming from with regard to that, just to give -- just to give -- just to give better notice to the public, more transparency with regard to the information that is put into that consent and summary agenda, so -- and if -- COMMISSIONER FIALA: I'm not quite sure what you just said -- CHAIRMAN McDANIEL: Okay. COMMISSIONER FIALA: -- about coding and -- I don't know that. CHAIRMAN McDANIEL: In December this item came through, and it was an increase in the airports in Everglades and Immokalee, and the people that are residents of Everglades and Immokalee airport were not aware of the processes that went in place to effectuate a rate increase. Had they had a capacity to better ascertain out of the consent agenda where this item was buried in the December item, they might have had an opportunity to review that information to get to me quicker with their concerns and objections, necessarily, than just having it be stuck down in the consent agenda. If it was, whatever the item was, 16G1, if it was 16-5G or something like that, and it could be 4G and 3G and somewhere long the line -- we'll make up a code and come back. Page 137 February 26, 2019 MR. OCHS: Commissioner, aside from that, could you guys tell me if there was any notice to these hangar tenants in advance? MR. LOBB: In advance, no, I don't believe so, but we always do communicate what Board agenda items are coming up that pertain to those airports. MR. SHUE: Hangar tenants themselves. CHAIRMAN McDANIEL: Commissioner Fiala, and then you. MR. LOBB: They were notified of the rate increase specifically once it was approved by the Board. MR. OCHS: Okay. CHAIRMAN McDANIEL: Commissio Fia, a has a -- do you have a question for staff? COMMISSIONER FIALA: Yeah, just a question for staff. CHAIRMAN McDANIEL: Justi MR. LOBB: Yes, sir. COMMISSIONER FIALA: Does anybody -- I've had a few requests just here and there, nothing -- not a barrage of any of them, people saying I wish we had our old airport authority back again. Has anybody mentioned that to you, and how did that sound? MR. LOBB: Really putting me on the spot here. COMMISSIONER FIALA: Might as well, as long as you're standing on the hot seat there, we can keep it going. MR. LOBB: I think you commissioners are doing a fine job overseeing our three great county airports. COMMISSIONER TAYLOR: No, sir. I think the management of this airport is extraordinary. I mean, what you're doing and how you're making these changes carefully and methodically shows great, great understanding of the business and, I mean, even if we had an airport authority, they wouldn't have much -- they wouldn't have much to do. COMMISSIONER FIALA: No, that's right. I think that we -- Page 138 February 26, 2019 CHAIRMAN McDANIEL: I would agree with that. We don't really need to go outside of what we've got right now. Commissioner Saunders. COMMISSIONER SAUNDERS: I just wanted to ask -- I'm assuming we don't have to do anything on this particular item we're not revisiting it? CHAIRMAN McDANIEL: We're necessarily done. COMMISSIONER SAUNDERS: Right. MR. LOBB: If I could make one more comment. COMMISSIONER TAYLOR: Really? MR. OCHS: We're good. He's good. ,may CHAIRMAN McDANIEL: No, go ahead. You're allowed to -- Justin, go ahead. MR. LOBB: We look forward to bringing our master plan forward to the Board next month, and we'll talk in greater detail about future development in Immokalee. CHAIRMAN McDANIEL: Absolutely. We're looking forward to that as well. Thank you. MR. LOBB: Thank you. CHAIRMAN McDANIEL: I appreciate -- and, again, I'll say it out loud, I went and met with our staff, and they've been amazing to work with, so thank you all. COMMISSIONER FIALA: No one has any complaints. CHAIRMAN McDANIEL: Right. All right. Where are we at now? MR. OCHS: We're on to item -- did we finish the discussion on the second part of that? CHAIRMAN McDANIEL: No. You know what, I think we can leave that go for now. I'll bring back -- I'll work with you, have another discussion, we'll talk about some -- I've had multiple people suggest to me since I became commissioner that things that end up Page 139 February 26, 2019 down in the consent and summary agendas aren't really -- aren't really easy for people to find without having to read. COMMISSIONER TAYLOR: So I've had a conversation with our County Manager, and he's assessing it. But I've -- I thought that it would be, perhaps, prudent or an idea that the County Manager's Office, whoever he assigns, would review the agenda and highlight which district every item is -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: -- you know, attributed to. COMMISSIONER FIALA: Why? CHAIRMAN McDANIEL: That's where I'm going. COMMISSIONER TAYLOR: And to have them do that so that the public -- it would be published in advance of the agenda. They wouldn't have to go through the agenda. They say, okay, I live in District 4, this is what they're discussing, whether it's on the agenda for a hearing or whether it's on consent agenda, that it would be categorized so it would be easy for the public to track what we do here.. COMMISSIONER FIALA: I don't know how many people -- just people really familiar with us know what district we're in, but I have many people that don't know -- I can't tell you the people that live in North Naples that have voted for me every year I've been on. CHAIRMAN McDANIEL: Well, and it's -- COMMISSIONER SOLIS: I know. CHAIRMAN McDANIEL: And, Commissioner Taylor, you're spot on with what I'm talking about. That's where I'm looking to go with this, and I just thought it could be a simple coding process that we could come up with that the public would know when an agenda item comes up, specifically where it's located at. Page 140 February 26, 2019 COMMISSIONER TAYLOR: So the County Manager's getting back to me at some point about this. CHAIRMAN McDANIEL: Oh, you've already asked him? COMMISSIONER TAYLOR: Oh, yes; oh, yes. CHAIRMAN McDANIEL: So now there's two of us. MR. OCHS: Almost there. llwl� CHAIRMAN McDANIEL: You can work with her on that. COMMISSIONER TAYLOR: Almost there? MR. OCHS: Almost there. COMMISSIONER FIALA: What are they going to do now? CHAIRMAN McDANIEL: Nothing. We're going to make the County Manager work with Commissioner Taylor. COMMISSIONER FIALA: What problems are you going to solve? 0 �V, MR. OCHS: We're good. CHAIRMAN McDANIEL: Nothing. We're good. COMMISSIONER FIALA: VI'm sitting over here talking the other way. /0% MR. OCHS: Move on, sir? CHAIRMAN McDANIEL: Move on, sir. Item #1 1 B TEMPORARILY SUSPEND NEW CAPITAL EXPENDITURES FOR THE LANDSCAPE BEAUTIFICATION PROGRAM AND REALLOCATE EXISTING CAPITAL FUNDING TO COVER INCREASED PROGRAM MAINTENANCE COSTS - MOTION TO ACCEPT STAFF'S RECOMMENDATIONS AND SEND TO THE PRODUCTIVITY COMMITTEE FOR EVALUATION — APPROVED Page 141 February 26, 2019 MR. OCHS: That take us to Item 11B. This is a recommendation to temporarily suspend new capital expenditures for the landscape beautification program and reallocate existing capital funding to cover increased program maintenance cost. Mr. Joe Delate, your principal project manager, will present. MR. DELATE: Good afternoon, Commissioners. I'm Joe Delate. I'm a Registered Landscape Architect. I'm a Principal Project Manager with Road Maintenance Division, Growth Management Department, and today I have a presentation, if you would indulge me. I'll try to make it as brief as possible, if that's okay. CHAIRMAN McDANIEL: Please. MR. DELATE: Thank you. And I've titled it "Landscape Beautification Program at a Crossroads." I just want to give you some background on our master plan. We have a Landscape Beautification Master Plan, and it was approved in 2016. Some of the commissioners were on the Board at that time. And at that time, in 2016, the master plan restarted the landscape capital program. New money was infused into the program for five years of dedicated funding of approximately four million per year, and this provided for 50 miles of new landscaped medians. This is a picture of the master plan at that time, and it shows the project by year and color coded and a list of what projects and the approximate years they were to be designed and constructed, which often takes longer than a year to do both. So since the master plan came out, we've had some accomplishments that we want to be proud of as a county. We've received a lot of accolades from the media and from personnel about our beautiful medians. Since we restarted the program capital, we've Page 142 February 26, 2019 added 18 additional miles. Upon the completion of this program, we'll have 122 maintenance miles to be proud of. We also have received a lot of damage from Irma, which we're still recovering from, and we continue to do our comprehensive maintenance services. This is a list and a map of some of the complete projects we've done since 2016. We did a grant project near Fiddler's Creek on the way to Marco Island. We did Collier Boulevard from 41 to Marino. We did Santa Barbara from Davis to I-75 overpass, and we also did Davis from County Barn to Santa Barbara. COMMISSIONER FIALA: Could I stop you just a second there? MR. DELATE: Sure. COMMISSIONER FIALA: Op the Collier Boulevard one by Fiddler's -- MR. DELATE: Correct. COMMISSIONER FIALA: -- did the state pay for that? MR. DELATE: That was a grant -- I believe, matching grant. So they partial paid for that, that's correct. And through your behalf, your help, we were abl�#to receive that grant, and, yes, we did. Okay. And also the Davis Boulevard one, County Barn to Santa Barbara, was partially funded by the DOT with a state grant. So you are correct on both of those. Thank you, Commissioner -- COMMISSIONER FIALA: Thank you. MR. DELATE: Okay. And here's some slides of some of the projects we've done: The Collier Boulevard one; Fiddler's to Mainsail, the state grant; the Collier Boulevard/41 to Marino Circle; Santa Barbara from Davis to I-75; Davis Boulevard from County Barn to Santa Barbara, which was just completed recently around Christmastime. Page 143 February 26, 2019 COMMISSIONER FIALA: I'm getting a lot of wonderful comments. I'm sorry to interrupt you. MR. DELATE: Oh, that's okay. COMMISSIONER FIALA: But you can't believe all the people that tell me or send notes or cards. MR. DELATE: Fantastic. Thank you for telling us that. qS0 In summary, we've had eight miles of median landscape, and it's been completed to this date since the 2016, and then this year we'll have a total of 122 miles of median landscaping. And these are just some pictures of the projects. The projects under construction right now, we have a map in front of you with the list and the miles, three projects. One is Immokalee Road from 951/Collier Boulevard to Wilson, five miles. That's under construction; Collier Boulevard from Golden Gate Boulevard to Immokalee Road, three miles, that's under construction; Santa Barbara extension, which we call -- which is Santa Barbara Boulevard from Rattlesnake to Davis. That's under construction. That's getting close to completion right now. And these are just some pictures of the various projects: Santa Barbara, Collier Boulevard, which is -- it's in its infancy. It's just -- we've done some wells, and we've done some electrical work and some basic work out there. And same with Immokalee. We've done some wells, controllers, FPL work. And so, again, in summary, 10 miles are under construction, and these will be done by the middle of this summer. So we'll have, again, 122 miles of median landscaping under our belt to maintain once these projects are completed this summer. So we have a lot of challenges with this program. We've 122 miles currently under maintenance; 10 miles under construction. In 2017 the average cost per mile was about $44,000 and change. In Page 144 February 26, 2019 2018 and 2019, it increased to approximately $63,000 per mile; approximately 41 percent increase. And then there was a small contract escalator built into these contracts. Our budget currently is 4.2 million for contractual services, and the maintenance cost is approximately 7.1 million, and then we have some money for the new landscape contracts we have to still do with the new projects, which we prorated. So, currently, we're looking at a deficit of just over $3 million to maintain what we have. And we have right now approximately $3.5 million in our capital program which is to go to new construction, and I've attached a list on the next slide, which you can see the list of what that was going to pay for. Well, actually, it's a couple slides after this. But this shows you the breakdown of the budget. And then if we -- if you were tQ approve our recommendation today, we would leave some money in this program, the capital program, to finish the projects we're doing. Also, we have a proposed sculpture project at East 41 and 951, there's some money for that, and for a couple various small items that we still have to finish. So it's not completely doing that. And, also, I'll go iVo more about the MOT issues also after this -- not issues, but grant issues. And this is a list of some of the deferred projects. Some of these projects we already have designed, so they're on the shelf, and they're not going to go stale or anything. They'll be ready if money gets infused later, and some of the projects have not been designed or constructed. So it's a combination of the two. Some of them have been designed, some of them not, and some of them just have not even started. We have a strategy to go forward, and this is for your review today, and that's why I'm here. Our recommendation is to suspend the current capital projects that are funded that are not under Page 145 February 26, 2019 construction. We would maintain the $7 million maintenance contracts we currently have. We would fund the completion of these purchase orders with this capital money. And just to make a note on this, the capital money is not anything like impact fees or any other kind of fee. It's actually -- it's unincorporated ad valorem genera x money that's in this fund. CHAIRMAN McDANIEL: Fund 111. _ MR. DELATE: Right. It's just classified as capita c use of the way it's set up. W44, Okay. And then our recommendation, again, would be to use these remaining -- any money that was left over for irrigation repairs, which are a constant problem -- it's not a problem. It's a challenge as we go through. You know, these medians are now 20 -- going over 20 to 30 years old, and there's breakdowns with any kind of plumbing systems, and we constantly have to do repairs. And then we would also have -- any additional funds left, we would go in and do mulch, irrigation repair, fertilizer, pruning, and then we're going to look at hiring in-house crews potentially to do some of this possibly as a maintenance service, and we'll get into more of that as I go thrWgh these slides. We've also done an analysis of the pros and cons of contracted versus in-house maintenance, and we have a little side-by-side slide here that shows some of the pros and cons of the various aspects of this. And as you're aware, we're in a vibrant economy right now, and it's very hard to hire new employees. We're facing that in road maintenance in general. We have a lot of vacancies. There's a high turnover and very low unemployment in this county. It's hard for the county to hire people, and it would be very difficult for us to hire new personnel to bring them in-house. Additionally, there's a lot of expense with setting up an in-house maintenance operation. You need a facility, you have to have Page 146 February 26, 2019 equipment, you have to have vehicles, you have to have tools. All of that would have to be purchased, which requires money, and then you'd have to have training. And the county has a pretty high level of employee requirements to be hired here: Various drug testing, background checking, everything, which is prudent, whereas versus the outside does not, a lot of times, go through those steps that we do. This work is, obviously, very dangerous. It's very detailed work to work in a median. It's not like anyone could do this. You have to know how to use the -- to be trained in maintenance of traffic, FDOT, various safety things, then you have to have licenses for pesticides, fertilizing applications, knowing how to prune trees. There's a lot of different technical aspects of this work. It's not so easy. CHAIRMAN McDANIEL: You mean, it's not okay just to park your maintenance vehicle in the lanj next to where you're working and block traffic and -- MR. DELATE: No. I mean, that has occurred, and that's not right. And if you do see that, let us know, because that is a violation of the MOT, and we try to avoid that. And we've had a pretty good record so far with our people doing this, or our contractors. And this, again -- the nit slide I'll talk about, again, our recommendations. We want to complete the existing projects that we have under construction that I spelled out, the three major ones. So we've received some calls from some of the communities after they read the newspaper article on Sunday. They saw the television piece about this, and we reassured them, no, you're still going to get your landscaping. It's under construction. We're not going to stop this. We're going to finish this no matter what happens today, and that's reassured a lot of your constituents throughout the county in those three project areas, because they really care about this. And so your recommendation would be to suspend on a temporary basis the new capital projects except for grant -funded Page 147 February 26, 2019 projects and current sculpture projects and the other projects we're doing. We would still pursue MOT grants because we've talked to them, we've talked to their landscape architect, who used to be one of our employees, and we see a pathway to receiving grant money, because they haven't a lot of applicants for this money. And so' --b see a good opportunity to receive grant money, and we're pursuing that now. 11 Q So it's not like we're going to stop everything. WA� just looking at alternate paths forward. And then, of course, the public is very concerned about this landscaping because we are one of the economic drivers for this county. We are one of the images of this county, our aesthetics. Everyone talks about it, and we realize if we pull the plug on anything, we're going to have backlash. So we would need to continue to have outreach to the community so they're aware of this so we don't clog your phone lines, you know, with complaints, and that way we have a dialogue and a message that goes out to them. That's one of our, you know, processes forward. And that we would develop options for yob► board to consider during the budget workshop as we go forward. And then for landscape maintenance, we would transfer the funds into the maintenance budget. We would maintain our current contracts we have, and then we would consult with these contracts to see if there's cost reductions. These contracts that you see a lot of time are maximum price. They show the most we would probably spend in a year, but we can look at -- because they're divided into different services through the bid tab, they're full-service contracts, we can elect not to use some of the services in there to save money. And that's what we've looked to do. We've consulted with the contractors about that, and that's something that we're looking to do Page 148 February 26, 2019 now and we have to do already, even prior to this. And then, of course, I mentioned before about seeking the grant money for the existing state and county roadways. And that's what I have today, but I'm here to answer any questions you have and go forward. CHAIRMAN McDANIEL: Troy, do we have public speak ? MR. MILLER: I have one registered public speaker fc- item, Mr. Chairman. CHAIRMAN McDANIEL: Commissioner Taylor, do you want to hear the public speaker or go first? COMMISSIONER TAYLOR: Yes. ' MR. MILLER: Bill Poteet. He's your registered speaker for this item. CHAIRMAN McDANIEL: William'. -S MR. POTEET: Good afterno op, Commissioners. It's a pleasure to be here. 71 The reason I'm speaking on tis articular issue is I go way back with landscape beautification. I sat on the first-ever committee in Collier County, on the Marco Island Beautification Committee for a couple of years, and then I was later appointed to the Golden Gate bridge beautification project and was involved in that. And what stemmed me to come before you today had to do with an article by Brent Batten last week who laid out a lot of the issues that are before us that the -- talking about the suspension of future projects at this time because we're out of money, and one of the reasons that was given in his article was the lack of companies out there actually bidding on the work itself, and then the cost of the work going up 30 to 40 percent, which I found to be extraordinarily out of proportion compared to our economy right now, because gas prices are at an all-time low, and you haven't seen a major increase in there. There are not a lot of parameters out there that would cause these major increases other than lack of competition. Page 149 February 26, 2019 And so, you know, the question I asked myself is, is it part of our bidding process? Is there things that small corpor -- small companies in landscaping, and there are a lot of landscaping companies out there. I mean, probably as many landscaping companies as there are real estate firms out there, which, you there's about 700 of us out there in real estate firms. So giving them the opportunity to bid would behoove this county in order to get more competition and should drive the prices down. So my recommendation to the Commission is send this to the Productivity Committee to find out why we're not getting competitive bids in the process. I mean, that's what a Productivity Committee should be about is finding out how to make this county more productive. And, you know, are we doing -- is there something wrong in our actual bid process? Are we eliminating certain businesses from actually being able to bid on this? Is the payment of the contracts arising as an issue; that's why they don't want to do it? I don't know what the problem is, but the bottom line is they're not getting the number of bids that you would want to see in order to make it a competitive ppcess. We ran into a similar problem in 2006 when we were doing all the road extensions and the construction work there where we were down to three bidders on projects, and we went from, like, 40 million for a stretch on Santa Barbara to 60 million on Santa Barbara, which wiped out all the money. And, again, it had to do with number of bidders. So the more bidders we can get on this process, the better we're going to be. Thank you. CHAIRMAN McDANIEL: Thank you, William. Commissioner Taylor, you're first. COMMISSIONER TAYLOR: Commissioner Fiala, were you going to address what he was saying? Because I'll let you go first, because mine is not related specifically to hiring -- Page 150 February 26, 2019 COMMISSIONER FIALA: No, I'm not going to specifically address his. Just in general. COMMISSIONER TAYLOR: Okay. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: Okay. And this is not to minimize but -- or anything about what the landscapes look like. But is there any savings by using anything but grass out there? What if we just didn't use grass in medians and put ground cover "in ! would be attractive? Is there any savings? Because I would think that mowing the grass is a really high cost. MR. DELATE: Well, on 951 between 41 and approximately just south of Davis Boulevard where we completed last summer a large project, we don't have any grass in that section. And one of the things about not having grass is you usually have more weeds, because you have to pull weeds, hand pull weeds. So it's a pros and cons things. And then we -- since I've worked there, which I've worked at the county 30 years, but I've been working in road maintenance for about a year and a half, and I worked on the medians 20 years ago. I advocated we go to Bala grass, but a lot of the communities don't want that. They want the look of the lush Floritam grass, and they've actually lobbied us hard to put in the really detailed, fine grass. So it's always a battle. So on Santa Barbara, as you notice, we put in Floritam grass because of the community. (Multiple speakers speaking.) MR. DELATE: And that's St. Augustine, the nicer grass. COMMISSIONER FIALA: On Santa Barbara, I'm sorry? MR. DELATE: Yeah, Santa Barbara, the piece between, excuse me, Davis and up to Radio, approximately. Some there's pros and cons, Commissioner, to your question; back to your question about the grass. You go to Boca Raton, and Page 151 February 26, 2019 they're doing all grass. I talked to them about their program recently, and they -- they don't have a lot of ground cover and shrubs. They go into a large grass program, and they have a lot of spraying that they have to do as a result, which you know is not one of the best things for our ecology, potentially, and then you have the same thing with, you know, a lot of mowing and edging, more than the pulling of the weeds. So I don't know if there's a really magic bullet for that. It's a pros and cons thing. *MN IF COMMISSIONER TAYLOR: Okay. Thank you. MR. DELATE: You're welcome. I t CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Thanks all that you do, by the way. �, MR. DELATE: You're welcome. COMMISSIONER FIALA: One of the things that we used to do is we used to do our own landscape maintenance, and we were able to keep the costs under control. Then that changed. And I heard one person say it's the worst thing we ever did was eliminate our own staff who could do what we wanted them to do and hire out, and then we had problems with hiring out and so forth, that possibly we could re -think that. Another thing, as Commissioner Taylor just said, we've tried that, but we have quite a few medians that have no grass in them, and then the weeds die, and then they look just terrible. And I can tell you some right now, but I won't bother because I'm sure you know it. And then you've done nothing for the program except make it look awful. And then I can tell some -- there's one area on Davis Boulevard that's all grass and a few trees and then a few little plants but not much of anything else. That looks beautiful all the time. Now, they started digging that out recently for some reason and Page 152 February 26, 2019 changing it over to some kind of Florida Forever in certain areas, and it's not as beautiful anymore. But before all they had to do was just mow it. They didn't have to even fertilize it because, of course, we have reused water, so there was no fertilizer needed. And it looked great. And if that was cheap for us, or cheaper than all of the other stuff, replanting all the dead stuff over over again, maybe we ought to look into that. , MR. DELATE: Thank you, Commissioner, for your comments. Just to give a little bit more information. When the county did its own landscape maintenance, it was a lot smaller of a program. They did not have as many miles and then, of course, the recession hit, and we had a reduction in force of staff, and that's when it changed. We've, again, looked at all that. It's just the timing right now. And we realize the competition of these bids. We did have several bids when these original bids went out. A lot of companies can't do this work because it's very complicated in details and the license requirements, and there's a big safety component of it. And we don't want the county to have the liability of having issues come out of that. But what we look -- path forward to try to control costs, one idea is if there is a downturn in the economy and we see it coming, we can rebid these contracts, and we think that the prices will come down. We'll try to institute more competition, which we've done before with open houses. We've had our contract specialist send out thousands of letters to various landscape companies in the tri -county area to create interest. It's just very complicated work. A lot of them talk like they want to do it and they don't come forward with the bid, is what happens. So we know about the competition. But I think our best approach is to rebid it when we see a slight dip in the economy, and we think the prices will correct themselves, because the speaker brought up some good points. Fuel prices have stabilized. I think it's just right now -- Page 153 February 26, 2019 the other factor, which I didn't explain to you, was we had a prime contractor who did most of our maintenance. I won't name him by name, but you probably know him because you've seen them around the campus. Well, they dropped out of all our maintenance, not only our facilities maintenance, all our landscape median maintenance. And by doing that, they were thu low bidder on all our projects, and they reset the table of the costs. And, unfortunately, that's why the cost shot up, because when they left the market, the other bidders knew that, and they raised their price. COMMISSIONER FIALA: And they did a lot better job, too. I don't know what happened there, but that's such a shame to see -- that was a big, you know, a big -- MR. DELATE: Right. COMMISSIONER FIALA: -- a big -- CHAIRMAN McDANIEL: Enterprise. COMMISSIONER FIALA: -- income for them. Why they would ever drop away from it, I don't know. MR. DELATE: Well, their reasons they told us in exit interviews were that they said they were actually losing money, and they decided to make a company decision to go into all construction and not any maintenance, and that's what they told us, and they stuck with it. And so we knew that when they dropped out of facility management contracts also. COMMISSIONER FIALA: Now -- and sometimes -- we only had two bidders, right? So we took one bidder for just a couple jobs and, by the way, I wouldn't let him mow my lawn, but anyway -- MR. DELATE: Right. One of the bidders -- there was multiple bids. One of the bidders got about 75 percent of the project. The other one got about 25 percent. And they were all divided by their low bid on each project. Page 154 February 26, 2019 We did receive a third bid from another company, but they were not in the ballpark as far as pricing. But just to alleviate some of your concerns, we realize there's been some pains with the contracts come forward, the new contractors, and we've been training them. Also, we have been doing some replacement projects with the little bi money we can cobble together, and we do we have a program planned for the East Trail. We did a design. We have a project. We're waiting on today's results of today's meeting. We didn't want to go forward until this was resolved. But we plan on redoing part of the East Trail, again, as I discussed with you in December. So we have a plan forward on that to make it look beautiful. We also, without any cost to any outside contractor, when I was put into my role that I'm in now, we went forward with our own staff and went around the whole entire county, and we took out all the dead trees from Irma. And that's made a big impact because now you don't notice the broken teeth out there. COMMISSIONER FIA1 jk Those are the ones that you've cut off MR. DELATE: All the dead trees we've cut them off and taken them out. (Multiple speakers speaking.) COMMISSIONER FIALA: But they're still seeing them. MR. DELATE: And now we've gone through and we've taken out all the staking and bracing that was put there after Irma, because it's been a year and a half. It's unnecessary. So that's a big visual impact. And then we're going to do the same thing for the shrubs next, and then we plan to go to Immokalee Road and Vanderbilt Beach Road with any money we can find in our existing budget and then go back to replace the plants that have died. COMMISSIONER FIALA: Let me -- Page 155 February 26, 2019 MR. DELATE: Go ahead. I'm sorry. COMMISSIONER FIALA: Let me just say -- because I can hear that you're going to go on and on, and there are a lot of stumps left in the median, but we won't even go there now. What I was going to try and say was, it's such an important thing to the community, landscaping. And, you know, you wouldn't think that. Everybody says, oh, money -- you know, with the money, but it does make a difference. It makes a difference in the sale of your house. It makes a difference in what your neighborhood looks like. And, of course, you can't factor that into the price and, yet, in the end we all know that it even affects our tourism, and they'll tell you that, greatly. So there's a lot of positive effects as far as tax money coming in just because of the landscaping, and I think we have to think of that, too, and the importance of what it does for our community. " And I'm afraid if we stop this right now -- and I don't know what we're going to do about it yet because we've got five people here; four of them are pretty smart, and then there's me. But there are -- we've got a lot to do in order to keep our property values up and make it look good. People are thrilled with the landscaping. And I bet every one of you hear about it, too. They all write notes and so forth. So I want to keep the program. And if you said we're just going to stop it for the rest of this year but we promise to start it back up, maybe that would be something that people could satisfy them with and maybe venture out and take a look at what would go -- what would happen if we go back to hiring our own people again and taking care of the operation ourselves. And I would think -- and I don't know this, but I would think that if we're hiring our own people -- and usually they come with insurance. I know that's an expense, but it's pretty easy to find people Page 156 February 26, 2019 who would work on the medians because now they would have insurance versus the people who are just -- that are not getting that from somebody else. Okay. That's it. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders? �+ COMMISSIONER SAUNDERS: Mr. Chairman, I make a motion to approve the staff recommendation and also to -- for staff to formulate a way to present this to the Productivity Committee -- I think that's a great idea -- to start evaluating how we should move forward with this. V, COMMISSIONER FIALA: I would second it if it was just till the end of this calendar year -- not calendar year but -- COMMISSIONER SAUNDE4S: Well, the motion it to accept the staff recommendation. CHAIRMAN McDANIEL: :$ I'm going to second it for discussion purposes. I would like to -- I would like to say a minute or two, once we're all done. . And, Commissioner Solis, you were ahead of me. COMMISSIONER SOLIS: Just real quick. I mean, our bidding process is governed by statute, isn't it? I mean, isn't that pretty much a statutory -- MR. OCHS: Some of it's statutory. Some of it's governed by your purchasing ordinance, local ordinance. COMMISSIONER SOLIS: Okay. Well, I've heard all I needed to hear, but I'll support the motion as well. CHAIRMAN McDANIEL: And as far as my conversation goes, you know, we had a workshop a couple of weeks ago that had a discussion about the value of Florida fauna and the reduction in overall maintenance that travels along with it, the reduction in necessities for fertilization and watering and so on. Page 157 February 26, 2019 And I don't know that we don't have any -- and I talked earlier about dictatorships, but we don't have any dictatorial policies with regard to future contracts, existing contracts mandating utilization of Florida fauna within our landscape beautification contracts. I know for a fact we have -- or am I incorrect there? MR.00HS: Joe? MR. DELATE: Sir, if I could address your concerns. A4 have in our contracts that when we use fertilizer, which we didn't do for about two years because of the cost, that we use slow-release fertilizer that would meet all your current fertilizer ordinances. CHAIRMAN McDANIEL: That wasn't what I was talking about. I was talking about the necessity of utilization of Florida fauna in the plantings. That's what I was talking about. MR. DELATE: Yes, I'm sorry Okay. When the Board passed the master plan, they required the use of Florida -friendly plants, which is use of native and drought -tolerant plants, and so we follow that through with our designs. , , CHAIRMAN McDANIEL: That is currently in existence. MR. DELATE: That's correct. And, also, we have a state-of-the-art irrigation system that we're very judicious in use of. CHAIRMAN McDANIEL: Okay. And that's also -- I do know for a fact that's utilizing -- I believe it's utilizing reuse water. MR. DELATE: Right, we have a combination -- CHAIRMAN McDANIEL: Right. MR. DELATE: -- of reuse well water and potable, depending on the circumstance. CHAIRMAN McDANIEL: All right. COMMISSIONER FIALA: Okay. The problem with the Florida fauna is whatever -- I don't know if we just bought different kinds, but we've had so many problems with them dying very quickly and then them lying dead there for a while, and there's a few different Page 158 February 26, 2019 kinds that we can name, you know, like the crown of thorns, for instance. My goodness, they last, what, about two months, and then they're dead. And then they lay dead for months and months. I don't know that that's a healthy thing to be putting in there. Maybe there's a different kind that doesn't. Then there's that other kind that gets those little white feathery things that crawl up and down the leaves, and they get those immediately, and then they die, and so that doesn't -- that's Florida fauna as well, and that doesn't work very well. CHAIRMAN McDANIEL: You know, and with regard to that, I think staff s recommendation is prudent for us right now. We're going to be able to address a lot of these contractual issues, how we're going out for RFPs for what we're, in fact, planning, how we're utilizing, and in the actual maintenance contracts. I know that there are some stipulations within the current contracts that are rather onerous for -- and costly to us that are stipulations in the maintenance contract. So I think staff s recommendation is prudent at this stage. COMMISSIONER SAUNDERS: And there is a motion and a second, so I'll call the question. CHAIRMAN McDANIEL: There is. COMMISSIONER FIALA: Yes, especially if he -- and, Joe, I think you know which ones we're talking about, and you know which ones didn't work, right? MR. DELATE: Yes, Commissioner. (Multiple speakers speaking.) MR. DELATE: We know that there was some plant material that we no longer use, like the crown of thorn and others that you described, and they're no longer in any of our designs. And we will move forward not using those plants, and we will replace them as we have the money to do that. Page 159 February 26, 2019 COMMISSIONER FIALA: And will check to see whether mowing grass or planting plants and replanting plants and using no grass but mulch and so forth -- MR. DELATE: Sure. COMMISSIONER FIALA: -- which is cheaper in the end. And -- yeah. And then when we stop, is there a way that we sa':% %, when we start back up again, or are we just stopping the.. Q program entirely? I want to really know that. MR. OCHS: Commissioner, we're going to need to discuss that when we go through your budget guidance next meeting and then into your summer board workshops, I think, is when we'll be prepared to give you some options on where we can go next FY and beyond that. That would be my recommendation, because there's a lot of other decisions that the Board may make with regard to the budget that's going to impact where you want to put your resources. You made one this morning, for example, on stormwater utility. CHAIRMAN McDANIEL: All right. With that, it's been moved and seconded that we accept staff s recommendation. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed? COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: 4-1. MR. DELATE: Thank you, Commissioners. Page 160 February 26, 2019 Item #1 IE AWARD AN AGREEMENT FOR INVITATION TO BID NO. 19- 7511, "DAVIS BOULEVARD LANDSCAPE MAINTENANCE" TO FLORIDA LAND MAINTENANCE, INC. D/B/A COMMERCIAL LAND MAINTENANCE - MOTION TO �+ APPROVE STAFF' S RECOMMENDATIONS — APPROVED MR. OCHS: Mr. Chairman, if we could, while Joe's up here, take a related item that you'd asked to move off consent. It's now Item 11 E. It was Item 16A 11. N4N And it's a recommendation to award an agreement for -- excuse me -- Davis Boulevard landscape maintenance to Florida Land Maintenance doing business as Commercial Land Maintenance. I know you had asked for that one to come off of the consent agenda. CHAIRMAN McDANIEL: You had me down as asking to have that pulled up, and I don't have notes on that. Remind me what we're talking about. MR. CASALANGUIDA: Commissioner, you had questions. You said the price was, nigher than our average per -lane -mile price, and it was for a new section of Davis, but I think we might have answered your question. So if we answered it and you have no issue -- CHAIRMAN McDANIEL: Yeah. And I think it just was kind of a companion item along here. I think if that one there was -- if we'd of taken that price per mile -- that expense out on a mileage basis, it would have been north of 150 -some -odd -thousand dollars for a similar section of road, if I'm not mistaken. MR. DELATE: That's correct. And, again, that's, like, a maximum price. Does not mean we're going to expend all those funds. We're going to be very judicious in spending money. Page 161 February 26, 2019 CHAIRMAN McDANIEL: As we always are, sir. It just -- it was an alarming amount that causes -- I'm sure, that, you know, in the original -- in the previous discussion, you know, we ended up, we're almost an average of $74,000 a mile and perpetual -- by the way, there is no perpetual in government. COMMISSIONER TAYLOR: Perpetuity. CHAIRMAN McDANIEL: In perpetuity, that's correct, so... COMMISSIONER FIALA: As long as you're talking about Davis, may I ask a question? COMMISSIONER TAYLOR: Is there?'� COMMISSIONER FIALA: The part on Davis, just a small little section right there where it's just grass and the trees. MR. DELATE: Yes. COMMISSIONER FIALA: Ale you able to calculate how much it costs to do that, being that we've had something like that, versus the other stuff so that you can kind of get an idea of which might be cost effective? MR. DELATE: Yes,'V can do a calculation. There's -- based on what Commissioner Taylor asked about grass, what you asked about grass, versus plar.0ed material, ground cover versus mulch, we can do a calculation: Water, fertilizer cost, maintenance, and give you a spreadsheet on that. COMMISSIONER FIALA: Now, that one had reuse water, but I don't think we have reuse water on all of our medians either, do we? MR. DELATE: No, we just have it in selective areas. COMMISSIONER FIALA: They don't need any fertilizer there, but others will, right? MR. DELATE: It depends where it is, correct. CHAIRMAN McDANIEL: Yeah. Just as a footnote, we actually have -- I think there's a test going on in the MSTU in Immokalee. I had asked our staff over in Immokalee that performs Page 162 February 26, 2019 the maintenance to set up a couple of segments of the roads that are maintained with that MSTU and do a study because of the exorbitant mulch expense and to utilize alternative DOT -approved ground cover for mulch and stuff. I'll get along here in a second, Mr. Saunders. I see you -- COMMISSIONER TAYLOR: Call the question. COMMISSIONER SAUNDERS: I make a motion to approve the staff recommendation. CHAIRMAN McDANIEL: that 4-1. We did that alread �We voted on �,c COMMISSIONER SAUNDERS: Not on the one that we're on, I don't believe there has been. But if there has been a motion, that's okay, too. COMMISSIONER TAYLOR: No, there hasn't. CHAIRMAN McDANIEL: We're just discussing. COMMISSIONER TAYLOR: And I'll second. CHAIRMAN McDANIEL: We're off subject. COMMISSIONER SAUNDERS: So now there's a motion and a second to approve that item. CHAIRMAN McDANIEL: It's been moved and seconded that we approve it. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: So moved. MR. OCHS: Thank you, Commissioners. Page 163 February 26, 2019 Item #1 IC AN AGREEMENT WITH QUALITY ENTERPRISES USA, INC., FOR INVITATION TO BID NO. 18-7483, "REPLACEMENT PROCESS AIR BLOWERS 3 THROUGH 6 AT THE SOUTH COUNTY WATER RECLAMATION FACILITY," IN THE AMOUNT OF $1508257305 FOR PROJECT #70203, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT — APPROVED MR. OCHS: Item 11 C is a recommendation to approve an agreement with Quality Enterprise USA for a contract award for the "Replacement of Process Air Blowers 3 through 6 at the South County Water Reclamation Facility" in the amount of $1,082,730. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been -- that's an amazing presentation. COMMISSIONER FIALA: Good, Tom. MR. CHMELIK: Thank you. CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. Page 164 February 26, 2019 CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #1 ID AWARD AN AGREEMENT FOR INVITATION TO BID�8 7488 "ASPHALT MAINTENANCE & RELATED ROADWAY SERVICES" TO PREFERRED MATERIALS, INC. (PRIMARY CONTRACTOR) AND AJAX PAVING INDUSTRIES OF FLORIDA, INC. — APPROVED —"IV V MR. OCHS: Item I ID is a recommendation to award an agreement for -- contract award, excuse me, for asphalt maintenance and related roadway services to Preferred Materials as the primary contractor and Ajax Paving Industries of Florida, Incorporated, as the secondary contractor. Mr. Delate can make a presentation. This is a resurfacing and maintenance agreement. COMMISSIONER SOLIS: Move approval. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Second. MR. OCHS: Competitively bid. CHAIRMAN McDANIEL: It's been moved and seconded that this be approved per the recommendations of staff. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. Page 165 February 26, 2019 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. DELATE: Thank you. One point of clarification, Manager, we did approve the David Boulevard one also, right MR. OCHS: That's correct. MR. DELATE: Okay, thank you. Item #12A DIRECT THE HEARING EXAMINER TO HEAR THE APPEAL FILED BY LONDON OF NAPLES, INC. OF THE ADMINISTRATIVE DENIAL OF THE INSUBSTANTIAL SITE PLAN AMENDMENT SDPI-PL20180002049 FOR GATEWAY FORMERLY KNOWN AS TRIO. THE SUBJECT PROPERTY CONSISTING OF 1.98 ± ACRES IS IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT WITHIN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE OVERLAY AT TJIE EASTERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA - MOTION TO APPROVE STAFF'S RECOMMENDATIONS — APPROVED MR. OCHS: Mr. Chairman, this takes us to Item 12A. It was previously Item 16K4 on the County Attorney's consent agenda. And let me find that one. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN McDANIEL: Yes, sir. Page 166 February 26, 2019 COMMISSIONER SAUNDERS: On that particular item, I did have a conversation with Mr. Yovanovich and would like to make a suggestion. I think part of the concern that Mr. Yovanovich has, and I think it's legitimate, is that if we return this item to our county hearing examiner, it's an item that's already been heard by the examiner as a part of the Planning Commission, I believe; is that incorrect? MR. YOVANOVICH: Do you want me to -- for the record -- COMMISSIONER SAUNDERS: I want to make sure I get the facts correct. MR. YOVANOVICH: Yeah. I'll briefly give you some facts and then -- if that's okay, or should I wait? Mr. Chairman, up to you. MR. OCHS: It was a County Attorney staff item. I don't know if he wants to present first. 0 14LNV MR. KLATZKOW: I would be happy to. This is an appeal of an insubstantial Site Development Plan. These things are normally heard by your Hearing Examiner, Mark Strain. The way this would typically work would be that the Hearing Examiner would give a report and recommendation. Whatever decision was reached, i ,the applicant was unhappy with it, there would be an appeal to this Board of County Commissioners sitting as the Board of Zoning Appeals. You would then have, at the end of the day, the final determination of the decision. You'd be the final decision -makers. So that the role really of the Hearing Examiner comes down to sitting down, going through with the applicant and staff the various issues, and writing a report and a recommendation that, if it was not agreed to by the applicant, would be heard by you. So if the concern is that the Hearing Examiner may be prejudiced or he's heard this before, he's not the ultimate decision -maker anyway. Page 167 February 26, 2019 CHAIRMAN McDANIEL: Commissioner Solis? COMMISSIONER SOLIS: If it's an appeal as opposed to coming to us directly, does that affect the standard of review? Is it a de novo? MR. KLATZKOW: It's de novo. The advantage is that there will be a report and recommendation that you'll have the ability to go through before the hearing. If for some reason this gets appealed to Circuit Court, the Court then would have a decent record before it to make a decision rather than the simple transcript of a reporter. COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: May I? COMMISSIONER FIALA: Yeah. MR. YOVANOVICH: Mr. Chainnan, is okay? CHAIRMAN McDANIEL: Absolutely -- well, Commissioner Taylor, you want to speak before he goes? COMMISSIONER TAYLOR: Yes. I think there's a great value in having the resources of our Hearing Examiner involved in this only because, yes, indeed, we start at the beginning if it is, indeed, appealed to us. But I think one would be hard pressed to find another individual that does theoresearch and backs up his research with actual factual documents. So I know from the Racetrac issue on 41 how important it was to have our Hearing Examiner be involved in that and to bring the facts out. So I don't see -- there's always one last stop, and it's us. And so I don't see any problem with having it referred to the Hearing Examiner. MR. YOVANOVICH: Now? CHAIRMAN McDANIEL: Now you may go. COMMISSIONER FIALA: I agree. I think I'll make a motion to -- MR. YOVANOVICH: Well, if I may -- Page 168 February 26, 2019 CHAIRMAN McDANIEL: We'll let him speak. And then we have public speakers, if I'm not mistaken. MR. MILLER: He is your public speaker, sir. I'm going to start the clock on him. CHAIRMAN McDANIEL: Start the clock. MR. KLATZKOW: Two minutes. �+ MR. YOVANOVICH: Okay. If I can, if you don't mind, I represent London Development -- London of Naples, Inc., who bought the Trio project which is immediately adjacent to the county's project and property that you're selling to Mr. Starkey and Mr. Pezeshkan. �N, The Trio project had an approved Site Development Plan for a mixed-use building which included a hotel and residential units and commercial units. It was an approvid Site Development Plan that was approved. The floor plans were shown, and it clearly showed that there was no FAR, floor area ratio, requirement. That was approved. N� An amendment was going through the process to change the configuration, not changing the floor area ratio, but changing the configuration of the binding to get more hotel units. Your purchaser was not happy. Your purchaser approached staff. Your purchaser then got staff to change its position on the floor area ratio and, for the first time, a floor area ratio was being applied to this property. It all stemmed from your purchaser being unhappy with our ability to get more hotel units on the Trio property. Your Hearing Examiner, who I have all the respect for in the world, was part of the process for the county to change its interpretation and now apply a floor area ratio. I, frankly, am concerned for my client about being given due process. Due process means you go to an objective decision -maker, Page 169 February 26, 2019 and that's what I'm concerned about. I think -- because, frankly, the county has an interest in how this turns out because you have a purchaser who doesn't want to see the floor area ratio go above a .6. So we would like to go to an independent decision -maker. I would like to see if we can either go to -- I'd love to go straight to Circuit , Court.,t a We'll present our case, you'll present your case, and an independent judge will do that. I'm open to we'll go to a magistrate, we'll go to another land -use lawyer, we'll present the case to someone who has experience with these issues, but we're concerned that we're not going to get an independent determination on whether or not a floor area ratio applies because your purchaser doesn't want to see us get this. And the record -- there's an appeal that your purchaser filed challenging the Site Development Plan and implementing or raising for the first time floor area ratio. It's in the record. We're concerned, and I don't think it's an unreasonable concern, and that's why we would like to go to someone independent, and let's have an independent set of eyes look at this, and then we can decide where we go from there, and that' what I had raised, and that's why I'm concerned, because the Hearing Examiner was consulted originally when the determination was to now apply a floor area ratio. That's my concern for my client. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. First of all, I agree with Penny Taylor about the Hearing Examiner. He never goes into anything without knowing what in the heck he's doing, and he researches everything. And so I would call him about as independent as you could be as -- I don't know that he has any contacts or collusions with anybody. I haven't heard of that at all. He kind of remains like his own Rock of Gibraltar. Page 170 February 26, 2019 The second thing is, I wanted to know if you've gone before the CRA board. What do they say? MR. YOVANOVICH: The project has been approved for probably two or three years now. COMMISSIONER FIALA: Yeah, but it was approved as now, right? You're trying to change it? MR. YOVANOVICH: No, no, no. The project itself,- . building and how it looks is -- what's happened, Commissioner Fiala, is the project that was originally approved at 48 hotel units with the floor area ratio that exceeded what's now being imposed has been on the books for probably two years. That's been rescinded; rescinded, gone, because of the new floor area ratio. So my client who bought the property with an approved Site Development Plan no longer has an approved Site Development Plan because of this change. And I know that -- you know, the genesis of that change started from your purchaser. And I just think the appearance doesn't -- it's a tough appearance to overcome when your purchaser has a stake in the outcome. And we've raised the issue. We think it's a legitimate issue, and it's just human nature. MR. KLATZKOV . Okay. And your argument would be the same as if the Board hears this then. MR. YOVANOVICH: And that's why I suggested we go straight to court for an independent -- (Multiple speakers speaking.) MR. KLATZKOW: Which is why your ultimate remedy -- if we go through the process, the process is, normally it would go to the Hearing Examiner, get appealed to this board, and if you don't like the decision, it gets appealed to the Circuit Court, and the Circuit Court, obviously, would have no dog in this fight. Page 171 February 26, 2019 MR. YOVANOVICH: I'm just trying to save everybody time and effort and go right to where we ought to go, which is the Circuit Court. That's all I'm suggesting. COMMISSIONER TAYLOR: Why would we? COMMISSIONER FIALA: I agree with Penny Taylor as as -- COMMISSIONER TAYLOR: His impartiality -- COMMISSIONER FIALA: -- going to the Hearing lQ miner. COMMISSIONER TAYLOR: Yeah. I would think that you would gain by having Mr. Strain research this and bringing out facts because, believe me, he'll go back into the beginning of Collier County to justify or to refute, and, you know, he just brings out the facts. It's both sides. MR. YOVANOVICH: And, you know, there's times that there will be disagreement with that. And I've already done the research, and I've already submitted my appeal, and I'm pretty strong in my position as well. So, I mean, I get it. We'll have a disagreement, and we'll ultimately decide -- maybe we won't. Maybe he'll agree with me. But, I mean, my c9ncern is he's already agreed that the FAR should be applied. I don't see much hope that that's going to change. CHAIRMAN McDANIEL: Right. And that's the request of the appeal is because the Hearing Examiner was the impetus for the application of the FAR in the first place, to get us here. Commissioner Solis. COMMISSIONER SOLIS: Is potential litigation -- and I don't know who this is a question for, if it's the County Attorney or the Manager. Is -- the potential for this going to the Circuit Court, can it delay or have an impact on what happens on the other piece? I mean, are we going to -- you know what I mean? MR. KLATZKOW: I think the two pieces -- Page 172 February 26, 2019 COMMISSIONER SOLIS: I'm a little fuzzy right now, so I'm not asking the question very well. MR. KLATZKOW: No, I understand your question. I don't think it will delay our -- the other piece of development. I think the development of both parcels are independent of each other, abse r access issue, which we'll talk about later.' MR. YOVANOVICH: Which will be next. CHAIRMAN McDANIEL: We'll flip that coin here in a minute. COMMISSIONER SOLIS: You know, I am concerned the way this has come about. I mean, I'm concerned about the health of the whole process, frankly. And if -- you know, just at a first blush, if the FAR had not been applied to begin with, to suddenly apply it raises my eyebrows, you know, just like, okay, there's something -- something has changed which wasn't reflected in what was approved to begin with. r% . If we're hearing from the applicant that this is going to be reviewed in Circuit Court anyway, I don't know what is gained by adding another hurdle to it. Let's just get it over with. This is like a Band-Aid. MR. KLATZKOV.�k Two things. One, this board is going to hear the issue -- COMMISSIONER SOLIS: Right. MR. KLATZKOW: -- and you're going to make your own decision. COMMISSIONER SOLIS: Let's just hear it. MR. KLATZKOW: And you can absolutely agree with whatever the decision the Hearing Examiner recommends. COMMISSIONER SOLIS: No, I know. That's what I'm saying. MR. KLATZKOW: The second thing is, I've got no record to go to a Circuit Court on right now. COMMISSIONER SOLIS: Right. No, no. I'm sorry. Page 173 February 26, 2019 MR. KLATZKOW: That record's going to be whatever Mr. Yovanovich wants to throw in front of the Circuit Court, quite frankly. COMMISSIONER SOLIS: No, I'm sorry. I didn't express that well. I'm just saying, why don't we just hear it, and -- MR. KLATZKOW: You can do that.+ COMMISSIONER SOLIS: And, obviously, Mr. Strain will weigh in to the extent that any of us want him to weigh in. COMMISSIONER TAYLOR: Well, let's have a vote that he weighs in before we hear it. I would like a written report from him. COMMISSIONER SOLIS: I mean, I think that's written into his ordinance. COMMISSIONER TAYLOR: But we'd have to have a majority ask for a written report, I would think. COMMISSIONER SOLIS: No. That's not the way it's written. COMMISSIONER TAYLOR: I would very much like his review and his analysis one way or another on this because, I mean, I've been very close to this from the beginning. It's not quite as our attorney has presented, but it's close to it. But every time you push the envelope a little bit,�t raises new issues. COMMISSIONER SOLIS: No, and I agree. And I understand wanting the Hearing Examiner to weigh in on it. And I understand that. But he could provide that, and we could just move this thing along and get it done. COMMISSIONER TAYLOR: Is there any advantage, Mr. Klatzkow, for him to actually hear it as versus writing a report and presenting it to us? MR. KLATZKOW: No. I'm just -- as long as you have a report and recommendation, you'll have good grounds to make whatever decision you make, whether it's through Mark hearing this thing or Page 174 February 26, 2019 just Mark sitting down with staff and Mr. Yovanovich and then giving you a report. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: Same result. COMMISSIONER SOLIS: I'm just trying to move it forward. CHAIRMAN McDANIEL: And the end result is that we up with a report from Mark Strain before we actually hear it, and we -- but the applicant didn't have to go through the Hearing Examiner's process. E r14% Ir MR. YOVANOVICH: What I don't want to do is I don't want to be in a position where I have to appeal a hearing examiner determination. If he wants to write a report and you want him to write you a report so you have a record, I can't stop you from doing that, but I want it far enough in advance that I can look at everything he's got in the report so I can be prepared at the appeal stage to rebut everything in the report. COMMISSIONER TAYLOR: Appeal stage meaning before us? � MR. YOVANOVICH: The actual appeal that I filed as my record in front of you -you can have whatever -- I look at it, your staff would -- normally your staff would write a report to you giving an opinion as to whether they agree with me or disagree with me, and they would give you all the backup for that, and then we'd have a hearing in front of you. They'd have my documents. I'd have their documents. They'll point out why they disagree with me. I point out why I disagree with them, and I'd have plenty of time to prepare. If you want Mr. Strain to work with Mr. Bosi and his staff to prepare rebuttal to my appeal, I can't stop you from doing that. MR. KLATZKOW: It's not rebuttal. No, no. It's -- Mark works for you folks. CHAIRMAN McDANIEL: Right. Page 175 February 26, 2019 MR. KLATZKOW: He has a contract directly with the Board of County Commissioners. He does not work for staff, all right. He's primarily there -- he's primarily there to when there's an issue between a developer and staff, okay, to sit them both down and say, okay, and try to work it out. This is why we've no land -use litigation is this process that we've developed over the years of working things out over the course of time between developers, Mark, and staff, all right. Mark's not going to sit down and give you a staff recommendation. Mark's going to give you an independent report and recommendation, which you're free to do whatever you wish with. And Mr. Yovanovich during this time will also, in the record, put down whatever report he wants to put in setting forth his position. MR. YOVANOVICH: Which I have,,:� MR. KLATZKOW: Which you'll have. MR. YOVANOVICH: Which I already have. My point is, I filed my appeal already. So you'll have two sets is what I'm hearing, Jeff. You'll have Mr. Bosi's response, you'll have Mark's report, I'll have them in plenty of time in advance so I can rebut them both. But I don't want to appeal Mark's decision. I just want you to hear it for the first time, that's all I'm asking, or I prefer to go right to Circuit Court. MR. KLATZKOW: Then we'll just do a report. No recommendation. It will be a report. Mark will lay out the issue. COMMISSIONER SOLIS: But now we're coming up with a whole new procedure. Now I'm -- now we're rewriting the procedure on an appeal on the fly, and now that's making me uncomfortable, because I understand your point, when are you going to get the report that you have to see? Are you going to get that long enough in advance to be able to -- MR. YOVANOVICH: Prepared. Page 176 February 26, 2019 COMMISSIONER SOLIS: -- respond to whatever's in there? But now we have to come up with a procedure for the timelines for how that's going to work. MR. KLATZKOW: Your current procedure would be if you're -- you could do one of two things. You could hear it all right. I think that will be a mess. COMMISSIONER TAYLOR: Yep. COMMISSIONER SOLIS: Why would it be a mess? MR. KLATZKOW: Because you're a legislative body, and to sit down and go through the text of the Land Development Code, you know, and --� COMMISSIONER SOLIS: We do that at every single zoning case. MR. KLATZKOW: Not in thi§ context, you don't. Not in an adversarial context. The benefit of having Mr. Strain do this is that he will sit down, he will, in essence, have a mini hearing. He will then issue a report and recommendations which will come to you. You will then have a de novo hearing if it's appealed by Mr. Yovanovich, all right. But you'll have everything before you. You'll have Mr. Yovanovich's arguments before you, you'll have staff recommendation, and then you'll have the Hearing Examiner lay everything out. When Mark lays something out, Mark lays something out. You'll get it from soup to nuts. This is why -- COMMISSIONER SOLIS: Right. Okay. MR. KLATZKOW: That's my suggestion. COMMISSIONER SOLIS: In hindsight -- and, again, my concern is that the process be as good a process as it can be. MR. KLATZKOW: And this is -- COMMISSIONER SOLIS: And, Rich, I'm sorry, you know, circumventing the process that we have is going to create more problems, I think, for everybody than -- including your client. Page 177 February 26, 2019 MR. YOVANOVICH: No. The process would be for you to hear it and hear my arguments, hear staff s arguments just like you do on every zoning hearing you do. You are a quasi-judicial body. You do it every meeting. You did it earlier today when you decided to vote no on the church. There was a presentation of the evidence you guys weigh the evidence and you decide who wins. This is with all due respect, is not anything different that you do, and you will be doing it again. 0. Let's assume the Hearing Examiner's recommendation is apply an FAR. I'm going to appeal that, and we're going to have a conversation where you're going to sit and weigh the evidence just like I'm suggesting. You're going to weigh my analysis, you're going to weigh staff s analysis, and you're going to weigh whatever report you have. You're going to have to make the decision. It's no different. The normal process would be to come to you. MR. KLATZKOW: But it's no different like today when the Planning Commission heard everything, and the Planning Commission was able to go through it, and the Planning Commission was able to reduce the issues before it came to the Board. Taking it directly with you, you fpve no Planning Commission input. This is sort of a substitute for that. MR. YOVANOVICH: So it's de novo. It's de novo, not based upon the record in front of the Planning -- in front of the Hearing Examiner? MR. KLATZKOW: It will be de novo. MR. YOVANOVICH: De novo. So if it's de novo, we may as well just come straight here, in my opinion. MR. KLATZKOW: But they're all de novo. Today's hearing was de novo, but you went through a Planning Commission with a recommendation. CHAIRMAN McDANIEL: Commissioner Taylor. Page 178 February 26, 2019 COMMISSIONER TAYLOR: Oh, it's me. I think my question was answered. So I'd like to make a motion that we support the County Attorney's recommendation to direct the Hearing Examiner hear the appeal filed by London of Naples regarding this administrative denial of the insubstantial Site Plan amendment SDPI-PL20180002049 for the Gateway formerly known as Trio. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we relegate this off to the Hearing Examiner for hearirprior to coming to us. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in f v r? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed? Aye. MR. YOVANOVWH: Okay. I understand. # Item 14B 1 e ■.- RECOMMENDATION THAT THE BOARD, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), APPROVE AN ACCESS EASEMENT OVER PROPERTY OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY IN THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY — CONTINUED TO THE MARCH 26TH BCC MEETING — APPROVED Page 179 February 26, 2019 MR. OCHS: Mr. Chairman, that takes us to Item 16 -- excuse me -- Item 14B 1. It was previously 16B 1 on the CRA consent agenda. This is a recommendation that the Board, acting as the Community Redevelopment Agency board, approve an access easement over property owned by the Community Redevelopme Agency and the Gateway Triangle Mixed Use overlay. Commissioner McDaniel asked for this to be brought to toe regular agenda. r 0 And, Mr. County Attorney, shall the Board convene as the Community Redevelopment Agency board or stay as the -- MR. KLATZKOW: We could do that -- MR. OCHS: -- BCC? MR. KLATZKOW: -- but it's impli d - MR. OCHS: Okay. 4 COMMISSIONER TAYLOR: Commissioner Fiala, you have the gavel, ma'am. kN as -- MR. OCHS: No. COMMISSIONER TAYLOR: We're not going to reconvene CHAIRMAN McDANIEL: There's no need to. MR. OCHS: It's just a question. Would you like a staff presentation? CHAIRMAN McDANIEL: Please. MR. CASALANGUIDA: I'm not Deborah Forester. For the record, Nick Casalanguida, your Deputy County Manager. I worked with Deb to put this on the agenda. As you can see from the prior item, you're starting to get a little bit of heat between the two property owners that are located in the Gateway Triangle. What I put in front of you is the exhibit that was in for the PUD when this item came forward for the redevelopment project that the Board approved with the contract buyer. There was a lot of Page 180 February 26, 2019 discussion during the public meetings, during the Planning Commission. And in talking with Mr. Yovanovich, there's a little discrepancy as to who owned the property to the left at the time, but there was no objection to what was presented to the Board. And most importantly is this driveway road right here was discussed as a shared -access easement. Now both, I will tell you, is our contract buyer and as well as the neighbor are in a debate about where the driveway should be, and it's been going on for quite a while. I met with both parties independently. I tried to broker a meeting to get them together, and that didn't work out that well. And I have to acknowledge the Mr. John Agnelli is a perfect gentleman and has been very patient through this whole process. So in talking about it with the Manager and the County Attorney, as well as your CRA director, one thing was clear, we presented this item to the Board as a unified project to share the access with the neighbor, and my suggestion was let's eliminate some of the arguments that are going on, because both parties are offering to provide access on each lot or, potentially, share it, but I can't get them together to talk about it. But this item, regardless of whether the contract buyer takes it or not, we presented a shared driveway to the Board. So we've created an easement document that depicts the cross -access easement, and Mr. Yovanovich made one -- pointed out one error in the document I think we just cleared up on the record. It references Exhibit A, which is the location and legal description, and what it says, "Either grantor or grantee shall be entitled to construct a roadway (sic), sidewalks, and landscaping as shown in Exhibit A." It should say, "within the boundaries of Exhibit A easement area." And what that does is it puts it on the record, and it doesn't obligate the owner to go there, but it settles the dispute on our side that we provided that access easement. And I -- my conversation Page 181 February 26, 2019 with Mr. Agnelli is, you can record an easement on your property as well, too, granting access to us if you'd like, which now takes that out. And while it doesn't require the owner to use it, FDOT has been watching this project go back and forth and trying to figure out where the access goes. N So by recording the easement, you're not obligating the person next door, the grantee of the easement, but it at least satisfies our obligation to provide cross -access, and the debate between them two on who should be able to build what and when can go on without this easement or access issue. So that's what you have in front of you today, Commissioners. CHAIRMAN McDANIEL: Does anybody have any questions? Don't go away. Oh, you can answer from over there, if you wish, please. Yes. Nick, you can sit dowp. Dyve have public speakers on this? MR. MILLER: Yes, a Richard Yovanovich. CHAIRMAN McDANIEL: Mr. Yovanovich, you may go, please. .0^% %.0 MR. YOVANOVICH: I've got to tell you a little -- CHAIRMAN McDANIEL: Start the clock. MR. YOVANOVICH: -- A little funny story. I was talking to Tony Pires about this and the fact that you're going to record an easement that has actually no legal sufficiency or any legal requirement, and Tony, for the first time I think in the 29 years that I've known him, agreed with me. So for a moment I rethought my position, but, you know, I think this one time Tony got it right. I've got to tell you, the way the document is written, now that Nick wanted to clarify that, I could somehow build these improvements in this area, not by a specific plan, doesn't really give me any comfort because I've still got to go to Page 182 February 26, 2019 the county, I've still got to get their approval on exactly what I'm going to build in this easement area. I don't have a unilateral right to go build my access to my property to get access to my property. The bottom line is this: FDOT, what I'm being told, wants us to have a shared access ri ht on the property line, right on the property line. My client has told me they're willing to put an access easement right on the property line. There is no reason why we can't get everybody in a room before -- there's no rush. I'm not screaming for access today. There's no reason why we can't get everybody in the room in the next four weeks and come back to you holding hands on an access easement right on the property line. I don't know why we're rushing this. I'm told that's actually what your purchaser wants is an access easement right on the property line. My client's right here. He'll say it on the record. He's committed to an access easement right on the property line. I don't know why it is that difficult to sit down, agree to an access easement right on the property line and what it's going to look like in the next three to four weeks. So what I would like to do is have this item continued, let's all get i�v a room, which includes your purchaser, and sit down and do this. There's no reason to come back six weeks later and say, we've reached an agreement. Let's just get in a room and do it. We all want it to be in the same place. My client's saying it on the record through me. I'm being told that's where your purchaser wants it. Why can't we continue this for four weeks and hammer this out? There's no reason to do this in a location that we do not agree to, and FDOT would prefer that we share one property line, from my understanding. So that's my request. Why can't we just all get in a room? Page 183 February 26, 2019 MR. CASALANGUIDA: Commissioners, if I could tell you the amount of times I've spoken both to the purchaser and the neighbor, and trying to get them to agree on anything has been a little bit of a challenge. What I've suggested to Mr. Yovanovich is simply this: The grant of easement is a document you file and record, and it can be amended later. And they can grant an easement on their property, and it forces the issue to get them talking a little bit. But if there's a suggestion that I can get them in a room to try and come up with what this easement looks like, I have not been successful to date, and this easement could be amended once it's recorded. MR. YOVANOVICH: May I? CHAIRMAN McDANIEL: No. Just one second, if we can. Commissioner Saunders. 4NV4, COMMISSIONER SAUNDERS: Well, it seems to me that to adopt an easement today and then possibly amend it later seems to be an exercise that we don't really need to go through. I would suggest -- and I talked to Mr. Yovanovich about this earlier -- that let's give it one more try. MR. YOVANOVWH: Okay. COMMISSIONER SAUNDERS: Why not sit down with Mr. Pezeshkan and Mr. Agnelli and hammer this out and come back in two weeks or three weeks, and if it doesn't work out, then we'll approve it. Is there any problem with that? MR. CASALANGUIDA: No, sir. If your recommendation is to come back in two weeks and report back as to if they've gotten together and come closer -- COMMISSIONER SAUNDERS: And communicate to both the purchasers that we'd like to have this easement thing worked out agreeably. There's no reason to be fighting in front of the Board over that access. Page 184 February 26, 2019 MR. YOVANOVICH: May I add just one thing? Since it's still technically your property, I would love to have Mr. Casalanguida in the room with your buyer and my client -- COMMISSIONER SAUNDERS: Absolutely. MR. YOVANOVICH: -- to sit down. He can call the meeting. We'll show up. But it takes both sides to be in the room. You have our commitment to be there. And I can't speak for your purchaser. COMMISSIONER SAUNDERS: Well, that was the intent was that Mr. Casalanguida would be in the room. MR. YOVANOVICH: Okay. Oh, great. CHAIRMAN McDANIEL: And I'm going y oin to this and I agree. I mean, the continuance is a fine way to go. I've said this since we voted on the PUD that got approved on this piece of property last year or the year before. I want to make sure that neither is prohibited in going forward with their own independent capacities to develop their site independent of one another. So I don't want the predication of this easement or access be at anyone's decision when it's not -- when it's -- when it has nothing to do with that actual owner's piece of property. That's a prerequisite, so... I'm -- there's been a motion, Commissioner Saunders, to continue for 30 days; is that what -- MR. YOVANOVICH: That's not really a realistic time frame. CHAIRMAN McDANIEL: Two weeks? MR. YOVANOVICH: I don't think you'll hammer it out in two weeks. COMMISSIONER SAUNDERS: Second meeting in March. MR. CASALANGUIDA: Second meeting in March is fine. MR. YOVANOVICH: Perfect. Page 185 February 26, 2019 CHAIRMAN McDANIEL: That's about 30 days. Okay. Second meeting in March. It's been motioned that we continue this to the second meeting in March. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? O COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. ,rwNt7 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) MR. YOVANOVICH: One for three. CHAIRMAN McDANIEL: You're doing okay. MR. YOVANOVICH: If I were a baseball player, Hall of Fame. CHAIRMAN McDANIEL: Before we go on here -- before we go on here -- are we all set? Terri needs a break. COMMISSIONER TAYLOR: Aren't we done? CHAIRMAN McDANIEL: Are we done? COMMISSIONER FIALA: By the time we all give our little reports and everything -- COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to have to leave in about 10 minutes. COMMISSIONER FIALA: No reason we can't give her 10 minutes, eh? CHAIRMAN McDANIEL: Can you hang? MR. YOVANOVICH: We're done? Page 186 February 26, 2019 CHAIRMAN McDANIEL: Yes, you are. She was the one I was concerned about, not Commissioner Saunders. Just so you know. With that, let's move along, County Manager. MR. OCHS: Yes, sir, Mr. Chairman. Item #15 0 STAFF AND COMMISSION GENERAL COMMUNIPTIONS AML -N. MR. OCHS: We go to staff and commission general communications, Item 15. This is your reminder of your upcoming workshops in March, April and June. The only other thing I have, Commissioners, is earlier this morning we continued Item 11A. That was the companion item to the resolution that was defeated on the stormwater utility. So I'm wondering if we ought not just withdraw that item, and we will discuss the Productivity Committee recommendations as part of your budget guidance discussion at the next meeting, if that's agreeable with the Board. There's no sense of re -presenting that. Thank you. COMMISSIONER FIALA: I'm sorry, Leo. Would you say that one more time. MR. OCHS: Yes, ma'am. One of the items that was continued this morning was the companion item to the resolution that was defeated on the stormwater utility non -ad valorem assessment, so the companion item was going to be a staff recommendation to move forward with the utility. It doesn't seem to make sense to continue that item since the Board didn't move forward with the first step of, essentially, a two-step process. COMMISSIONER FIALA: Thank you. Page 187 February 26, 2019 CHAIRMAN McDANIEL: Just one point of clarification on the March 5th. Future land use, are we bringing in anyone from the interactive model consultants to speak with us? MR. OCHS: I don't think we're bringing any consultants in. We are addressing the Interactive Growth Model as part of the SLdll presentation on the history of the buildout, so -- �+ CHAIRMAN McDANIEL: Why would we not bring in the consultants on that model? Are we not prepared yet? MR. OCHS: No. I think we're going to give you that's been generated through that model. CHAIRMAN McDANIEL: Oh, okay. Very od. MR. OCHS: Very good. That's all I hav s CHAIRMAN McDANIEL: County A torney? MR. KLATZKOW: Nothing. CHAIRMAN McDANIEL: And Derek from the Clerk's Office's. MR. JOHNS SEN: No, sir. CHAIRMAN McDANIEL: COMMISSIONER SOLIS: CHAIRMAN McDANIEL: Commissioner Fiala. Thank you for asking, though. Absolutely. Nothing for me. Commissioner Solis. COMMISSIONER FIALA: Yes, I have to -- A fast congratulations to Charlette Roman for her appointment to the South Florida Water Management District. She will be an asset to our whole community. We all know that. Thank you very much, Governor DeSantis. The second thing is, I wanted to know -- and I'll probably ask a little further behind the scenes, but I wanted to know what the Benderson property, that skeleton building that everybody keeps referring to constantly and they never do anything -- they put exactly what's required, like two bricks a month or something like that, and I NUMM February 26, 2019 wonder how much longer we're going to be held hostage by them before we force them to get something done. It's -- and I'm going to now, and I'm asking -- I'm going to ask the County Attorney to tell me if I'm barking up the wrong tree. I'm going to suggest residents start writing letters to the editor and taNng about Benderson and the fact that they don't seem to care about fkc whole community at all and, yet, we keep approving other things for them, and they won't even finish that building, at least put a face on it. And everybody asks about that. I'm sure that in other people's town hall meetings they do, too, so that's another thing. The third thing is everybody knows Del Ackerman; you know Del's, right? Well, Del is -- Del is doing some rehab right now, and he's not feeling very well, so I just want to say, Del, from all of us, we all hope you do really great and get better soon. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. Three things. First of all, I have been working with County Attorney on the issue of how much commercial buildings can be lit in colors that change on an hourly or a daily basis. And we have -- Cgnnty Attorney brought forward something for our consideration, our -- I just want to make sure that we're okay with that, if everyone thinks it's timely. COMMISSIONER SOLIS: Yes. COMMISSIONER TAYLOR: And it's the lights that change on buildings. COMMISSIONER SAUNDERS: Sure. COMMISSIONER TAYLOR: Inner or outer lights. COMMISSIONER SOLIS: Inner or outer lights? COMMISSIONER TAYLOR: Inner or outer lights. COMMISSIONER SOLIS: This is a gray area we've gotten into is whether it's outer lights -- it's actually the inner lights that are the Page 189 February 26, 2019 issue, right? COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: Really? COMMISSIONER SOLIS: Oh, yeah. Just drive by Airport and Pine Ridge Road. COMMISSIONER TAYLOR: Pine Ridge Road, and you'll see what we're talking about. COMMISSIONER FIALA: Okay. COMMISSIONER TAYLOR: Also, in the conversation -- if I brought this up before, forgive me, but -- and I did, but not to this degree, I don't think, but the Miccosukee -- did I bring this up before, that I have -- that I was interested in their -- because the Everglades is their home -- on their view on what is happening with the water, especially with the Everglades. 0 14NV CHAIRMAN McDANIEL: I think you did it in the MPO. COMMISSIONER TAYLOR: Okay. So this is a question whether -- I'd like to see if my commission would agree to maybe just hear them on their views. I mean, they have scientists -- COMMISSIONER FIALA: The Miccosukees have a scientists? COMMISSIONER TAYLOR: Yeah, they have scientists that their data is being collected by the federal government about the Everglades. There's no question. They're long-time residents, and they've been doing this for a while. So it just might add to the flavor, if there's an agreement. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SAUNDERS: Sure. COMMISSIONER TAYLOR: Okay. And then, finally -- and this is kind of light and fluffy. It wasn't when Irma came because, through the Taiwanese Embassy and Consulate General in Miami, we became connected to the Tzu Chi Foundation that gave this community almost a half a million dollars in relief. Page 190 February 26, 2019 From that relationship, they have requested that Collier County be considered a sister city to a province in Taiwan. CHAIRMAN McDANIEL: How nice. COMMISSIONER TAYLOR: And I have the -- have the analysis of this province and gave it to the County Manager, anNe assessment from the County Manager's Office is this sounds lice would work, but we need to bring in the Chamber of Commerce. There's other areas that we could bring in to complement this. And so if this is in agreement with everyone, I'd like to see if you would agree to have the County Manager pursue this sister -city concept further. And as they said to me when they gave it to me, I said, well, what does this mean? He said, well, we would get you both together. And he said, okay. And I said, well, how would that happen? He said, well, all of you could fly over Jo Taiwan and do it there. COMMISSIONER FIALA: Been there; done that. COMMISSIONER TAYLOR: Have you really? COMMISSIONER FIALA: Sure. COMMISSIONER TAYLOR: It's quite a -- COMMISSIONER FIALA: Oh, it's a long trip. COMMISSIONER TAYLOR: But it's quite a country from what -- COMMISSIONER FIALA: Oh, yeah. COMMISSIONER TAYLOR: So it's just something that I thought would be reciprocity and be very interesting for us to pursue, so if that's -- if everyone's in agreement. You got your okay, sir. MR. OCHS: Thank you. I'll be able to put some staff on it now, thanks. With regard to the Miccosukee issue, Commissioners, you -- at the last meeting you had reached consensus on inviting in the speakers that I think Commissioner McDaniel and Commissioner Taylor had heard from the education and research -- Page 191 February 26, 2019 CHAIRMAN McDANIEL: And we have reached out to them, and Sue's coordinating it. MR. OCHS: Right. So it would seem logical to try to coordinate this visit at the same time or this presentation. CHAIRMAN McDANIEL: With regard to the Miccosukee MR. OCHS: Yeah, since it's all water related. CHAIRMAN McDANIEL: It's all a matter who's downstream. MR. OCHS: That's what I'll do. Thank you. z Q91 CHAIRMAN McDANIEL: That's a great idea. I was thinking about that. Commissioner Saunders -- you had three. You did two. COMMISSIONER TAYLOR: No, that's it. I did the three. CHAIRMAN McDANIEL: Okay. Commissioner Saunders. COMMISSIONER SAUNDEJS: I have a beach -access issue. If you could put that first picture up there with all the crowded beach, the first one in your right hand, that one that shows how crowded the beach is. And then -- okay, the one on your right -- okay. I just want everybody to see how crowded the beach is. This is near Vanderbilt, and then if you'll take the big -- that photo there and stick that up there, hien I can explain what I'm trying to do. Apparently a couple weeks ago one of our constituents went out to Vanderbilt Beach, got a parking spot with no trouble at the parking garage, went down to the beach. The beach was incredibly crowded, and it was that picture that I just showed you that had an extremely crowded beach. And so, they wanted to move south, so they walked south. They got to a place where there were cones lining on the beach, and somebody from one of the hotels or from the condominium association came out and said, you cannot walk across this beach. And they had the cones there, and they said, you can set your Page 192 February 26, 2019 chairs up in the wet sand, but you can't come anywhere near the dry sand. So, I asked our staff to give me an aerial that shows where the erosion control line is. And the erosion control line is that red line in the middle here. If you could point to that. And you'll notice that the hotel operators had their stuff seaward of the erosion control line this is where they were not letting people come out on the beach. COMMISSIONER TAYLOR: Oh. COMMISSIONER SAUNDERS: And my recollection is that seaward of the erosion control line is public, and they have no right to keep people from putting their blankets and things on the seaward portion seaward of the erosion control line. So I wanted to bring this to the attention of the Commission. I think we need to have a discussion. I think we need to advise the private owners, the hotel operators, that we're not going to permit them to block off the beach like that. And this is the first time I've had photographic evidence of that being a problem. And the person that gave it to me didn't really come to me to talk about the beaches. There was another topic. And after we finished the topic, he said, you know, I had a problem with my family at the beach. Ajyd I said, well, if I had some photographs, that would be kind of nice, so he provided these photographs. CHAIRMAN McDANIEL: If I might make a point here, and this is all coming -- you know, I think we're going to be -- hopefully going to be able to get to this at some stage of the process. And this has to do with who owns what when you go onto the beach. And Senator Passidomo's legislation last year put -- I think, put us in a very precarious position because of the delineation of the high-water mark and the yellow line, the red line, and the wet sand. I've actually seen videos where sheriffs have been moving people off of the beach because they're set up in areas that are not wet sand. And the sheriff has interpreted -- or the police officer, the Page 193 February 26, 2019 enforcement officer that's been brought up has been -- has been brought in to remove people where those cabanas and things that are set that is, per our understanding -- we all know where that erosion control line is, necessarily. COMMISSIONER FIALA: Not all of us. CHAIRMAN McDANIEL: Well, nobody does. I mean sem► my friends from Pennsylvania that walk out onto our beach:�Ore's two lines when you get onto the beach. One's the vegetation line, that's quite visible, and then one's where the water is. And after that, then there's this erosion control line, and we're going to have a discussion some stage, as we have in the past, about expenditure of public funds on private property when we're talking about beach renourishment. I think we'll be able to get a delineation as to where those lines are and where they are not. I MR. KLATZKOW: You have a customary beach ordinance for this beach. COMMISSIONER SAUNDERS: And this really isn't even the customary beach issue. This is seaward of the erosion control line issue. So I'd like to justliave this added to the agenda, and let's -- I'll get those folks to come in and talk about how they were not able to go on the dry sand seaward of the erosion control line, and then we need to educate the hotel operators and folks that -- where the public is permitted and make sure this doesn't happen -- because it's just going to get worse. It's not going to get better. COMMISSIONER FIALA: I think it's a good idea, because that's our greatest asset for tourism, and that brings in a lot of money to keep everybody else's property taxes down, right? COMMISSIONER SAUNDERS: So with your permission, I'll bring back an agenda item second meeting in March, first meeting in Page 194 February 26, 2019 April with some folks to talk about their experience and then what we might be able to do to make sure these things don't continue to happen. CHAIRMAN McDANIEL: I like it. I think it's a great idea. You're getting -- there's a lot of head nods here. Anything else, Commissioner Saunders? �+ COMMISSIONER SAUNDERS: No, that was all I had. CHAIRMAN McDANIEL: Okay. I only have one thing, and that's to Mr. Casalanguida. I would like an update on the stadium and its cost, the TPC, total project cost, where we're at, where we're going, what we're going to be when we grow up. 1 MR. CASALANGUIDA: Sure. Just construction costs, sir, right? CHAIRMAN McDANIEL: Yds. MR. CASALANGUIDA: Okay. CHAIRMAN McDANIEL: Well, we already got the land cost, so... &N MR. CASALANGUIDA: By memorandum? CHAIRMAN McDANIEL: Or at our next meeting, first meeting in March is find►. And other than that, I have nothing else. Until we meet again, we are adjourned. * * * * Commissioner Fiala moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted**** Item # 16A 1 Page 195 February 26, 2019 AWARD CONTRACT NUMBER 18-7448, FOR "VERIFICATION TESTING FOR GOLDEN GATE BOULEVARD DESIGN -BUILD PHASE II" TO JOHNSON ENGINEERING INC., IN THE AMOUNT OF $296,168, AND AUTHORIZE THE CHAIR TO EXECUTE THE ATTACHED AGREEMENT (PROJECT #60145) TESTING WILL INCLUDE DENSITY, MATERIAL SAMPLING, CONCRETE TESTING AND MISCELLANEOUS SUPPORT SERVICES AS REQUESTED Item #I 6A2 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR GREYHAWK AT GOLF CLUB OF THE EVERGLADES PHASE 2A, PL20170001524 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $41000 TO THE PROJECT ENGINEER OR THE DEVELOPER' S DESIGNATED AGENT — THE FINAL INSPECTION WAS CONDUCTED ON JANUARY 10, 2019, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #I 6A3 RESOLUTION 2019-26: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VERONA POINTE ESTATES, APPLICATION NUMBER PL20150001537 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT Page 196 February 26, 2019 DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #I 6A4 RESOLUTION 2019-27: A RESOLUTION FOR FINAL ACCEPTANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF FAITH LANDING PHASE THREE, APPLICATION NUMBER PL20140000050, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #I 6A5 0 A RECORDING THE FINAL PLA F MAPLE RIDGE AT AVE MARIA, PHASE 613, (APPLICATION NUMBER PL20180001175) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #I 6A6 RESOLUTION 2018-28: A SUPPLEMENTAL AGREEMENT THAT AMENDS FDOT LAP AGREEMENT 436971-1-98-01 BY PROVIDING AN ADDITIONAL $113,469 IN FUNDING TO COLLIER COUNTY FOR TRAFFIC COUNT EQUIPMENT PURCHASES, A RESOLUTION IN SUPPORT OF THE LAP AGREEMENT, AND THAT THE BOARD AUTHORIZE A PURCHASE OF WAVETRONIX TRAFFIC COUNT EQUIPMENT Page 197 February 26, 2019 INCLUDING REPAIRS AND UPGRADES BY THE MANUFACTURER, AS SUPPORTED BY THE PROPRIETARY PRODUCT CERTIFICATION FDOT OBTAINED UNDER THE LAP AGREEMENT THROUGH FISCAL YEAR 2023, AND TO ACCEPT THE TIME EXTENSION GRANTED BY FDOT F THE LAP AGREEMENT THROUGH OCTOBER 1, 2019 AI,4 AUTHORIZE THE BUDGET AMENDMENT Item #I 6A7 AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL 1221 POND) REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION (PROJECT #60168) (ESTIMATED FISCAL IMPACT: $81,500) — FOLIO #37444880008 Item #I 6A8 THE CLERK OF COURTS VQrRELEASE A PERFORMANCE BOND IN THE AMOUNT OF $44,172 WHICH WAS POSTED AS A GUARANTY FOR VCAVATION PERMIT NUMBER 60.161, PL20170003239 FOR WORK ASSOCIATED WITH LOGAN LANDINGS — THE LAKE HAS BEEN INSPECTED AND THE CROSS SECTIONS HAVE BEEN RECEIVED Item #I 6A9 AN AFTER -THE -FACT APPROVAL FOR AMENDMENT NO.1 TO EMERGENCY WATERSHED PROTECTION PROGRAM AGREEMENT #NR184209XXXXCO28, BETWEEN COLLIER COUNTY AND THE US DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICES Page 198 February 26, 2019 INCREASING TOTAL FUNDING TO ADDRESS STORM RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF SERVICE (LOS); AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS — WITH THE ADDITIONAL 250� ($808,993.75) COST -SHARE FROM THE AD VALOREM TAXES AVAILABLE WITHIN THE STORMWATER CAPITAL FUND Item #16A10 WAIVING THE BOAT DOCK EXTENSION APPLICATION FEES FOR PL20180003485 AND APPLICABLE BUILDING PERMIT FEES TO REMOVE AND REPLACE AN EXISTING BOAT DOCK LOCATED AT 3266 LAKEVIEW DRIVE, NAPLES, FL 34112 — WHICH WAS BUILT PARALLEL THAT WOULD BLOCK THE ADJACENT PROPERTY FROM A PROPOSED BOAT DOCK Item # 16A 11 — Moved Item # 11 E (Per Agenda Change Sheet) Item # 16B 1 — Moved to Item # 14B 1 (Per Agenda Change Sheet) Item # 16C 1 AWARD SOLICITATION # 18-7487, "COLLECTION AND RECYCLING OF LATEX PAINT," TO CLARK ENVIRONMENTAL, INC. — FOR PAINT COLLECTED AT THE COUNTY'S HAZARDOUS MATERIAL COLLECTION AND RECYCLING DROP-OFF CENTERS Page 199 February 26, 2019 Item #I 6C2 THE TERMINATION AND RELEASE OF TEMPORARY CONSTRUCTION EASEMENTS ACQUIRED FOR THE WATER FACILITIES CONSTRUCTION IN THE CASE ENTITLED COLLIER COUNTY V. LORD' S WAY REALTY LLC — THE TCE' S FAILED TO PROVIDE AN EXPLICIT TERMINATION DATE AND ENCUMBERS THE TITLE Item # 16D 1 A BUDGET AMENDMENT RECOGNIZING $36,971.43 IN PROGRAM INCOME AND RECAPTURED FUNDS RECEIVED UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) — TO BE USED ON ELIGIBLE EXPENSES THAT INCLUDE ADMINISTRATION ACTIVITIES Item #I 6D2 THIS ITEM WAS CONTINUED FROM THE JANUARY 22, 2019 BCC MEETING. AWARD SIX (6) AGREEMENTS FOR REQUEST FOR QUALIFICATIONS (RFQ) # 18-7459 "EXOTIC VEGETATION REMOVAL" TO MULTIPLE VENDORS AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS — EARTH TECH ENVIRONMENTAL, LLC; EARTHBAL,ANCE CORPORATION; ENVIRONMENTAL RESTORATION CONSULTANTS, INC.; DEANGELO BROTHERS, LLC D/B/A AQUAGENIX; PENINSULA IMPROVEMENT CORPORATION D/B/A COLLIER ENVIRONMENTAL SERVICES AND A+ ENVIRONMENTAL RESTORATION, LLC Page 200 February 26, 2019 Item #I 6D 3 RESOLUTION 2019-29: A RESOLUTION TO IMPLEMENT A CO -PAYMENT WAIVER PROCEDURE FOR SENIORS ARE ENROLLED IN THE COMMUNITY CARE FOR ThL - - ELDERLY AND ALZHEIMER' S DISEASE INITIATIVE STATE GRANTS ADMINISTERED BY THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) Item #I 6D4 THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT (ESG) SUBRECIPIENT AGREEMENTS WITH NAMI COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC., AND THE FIRST AMENDMENT TO THE HOME SUBRECIPIENT AGREEMENT WITH OAK MARSH, LLC AND EXECUTE A LETTER OF COMMITMENT FOR A SPECIFIC HOME ASSISTED PRPJECT (THIS ITEM HAS NO NEW FISCAL IMPACT) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #I 6D 5 THIS ITEM WAS CONTINUED FROM THE FEBRUARY 12 2019 BCC MEETING. SUBSCRIPTION TO HOOPLA STREAMING SERVICE FROM MIDWEST TAPE, LLC (MIDWEST TAPE) FOR LIBRARY PATRON USE IN AN AMOUNT NOT TO EXCEED $200,000 PER FISCAL YEAR, AS BUDGETED, THROUGH FY2021 Page 201 February 26, 2019 Item #I 6D6 THIS ITEM WAS CONTINUED FROM THE FEBRUARY 12, 2019 BCC MEETING. SUBSCRIPTIONS TO FLIPSTER, DISCOVERY SERVICE, NOVELIST PLUS, AND NOVELIST SELECT, PROPRIETARY SOFTWARE OFFERED THROUGH EBSCO INDUSTRIES, INC. (EBSCO), FOR LIBRARY PATRON USE IN AN AMOUNT NOT TO EXCEED $150,000 PER FISCAL AS BUDGETED, THROUGH FY2021 Item #16E 1 Lv RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS 1 AND CLASS 2 ADVANCED LIFE SUPPORT (ALS) RESCUE AND INTRA -FACILITY AMBULANCE TRANSPORT FOR THE SEMINOLE TRIBE OF FLORIDA FIRE RESCUE WITHIN THE BOUNDARY OF THE SEMINOLE TRIBE IN IMMOKALEE FOR ONE YEAR Item #I 6E2 WILL EXPIRE ON APRIL 28, 2020 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES AND BENEFITS, AND OBLIGATIONS TO GE DIGITAL LLC UNDER AGREEMENT #17-7189 FOR SOFTWARE LICENSING AND SUPPORT SERVICES OF PUBLIC UTILITIES DIVISION'S SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEMS — STAFF WAS NOTIFIED OF THE TRANSITION ON DECEMBER 11, 2018 Page 202 February 26, 2019 Item #I 6E3 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL — FOR CONTRACTS #15-7457, #18-7'3'8 AND #18-7317, W/AFTER-THE-FACT CHANGE ORDERS FOR CONTRACTS # 18-73251 # 16-66631 # 18-72891 AND ONE AGREEMENT FOR REPAIRS TO CAT TRANSIT BUSES Item #I 6E4 EXPENDITURES FOR LEGAL AND NON -L GAL ADVERTISEMENTS AS EXEMPTED PROCUREMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT — FOR PUBLIC SERVICE ADVERTISEMETS, BROADCAST INFORMATION TO THE PUBLIC FOR COUNTY BUSINESS, PROGRAMS AND INITIATIVES Item #16E5 '00c� A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS 2 NON -EMERGENCY INTER- FACILITY AMBULANCE TRANSPORTS TO JUST LIKE FAMILY CONCIERGE MEDICAL TRANSPORT SERVICES, LIC (D.B.A. CONCIERGE MEDICAL TRANSPORT) TO ALLOW POST-HOSPITAL INTER- FACILITY MEDICAL AMBULANCE TRANSFER AMBULANCE SERVICES — WITH THE COPCN TO EXPIRE ON MARCH 7, 2020 Item #16F1 Page 203 February 26, 2019 THE YEAR TWO "PRINTING OF VISITOR GUIDES" FOR THE TOURISM DIVISION UNDER THE ITB #18-7247 AWARD TO PUBLICATION PRINTERS CORPORATION TO PRINT 75,000 COPIES OF THE 2019 COLLIER COUNTY VISITOR GUIDES FOR A NOT TO EXCEED AMOUNT OF $33,183.40 AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM Item #I 6F2 NEW INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR OFFICE SPACE IN THE NORRIS CENTER TO HOUSE THE COLLIER COUNTY FILM OFFICE STAFF, AUTHORIZE THE CHAIR TO SIGN THE COUNTY ATTORNEY APPROVED AGREEMENT, AUTHORIZE ALL REQUIRED EXPENDITURES FOR THIS PURPOSE, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — W/THE FOLLOWING RENT RATES PER MONTH: FROM $650 TO $750 FOR FEBRUARY 21, 2019 THRU SEPTEMBER 30,2019; $775 FROM OCTOBER 1, 2,919 THRU SEPTEMBER 30,2020; $800 FROM OCTOBER 1, 2020 THRU SEPTEMBER 30,2021; $825 FROM OCTOBER 1, 2021 THRU SEPTEMBER 30,2022; $850 FROM OCTOBER 1, 2022 THRU SEPTEMBER 30, 2023 AND $900 FROM OCTOBER 1, 2023 THRU FEBRUARY 20, 2024 Item #1.6F3 AWARD FOUR (4) AGREEMENTS FOR REQUEST FOR QUALIFICATION (RFQ) #18-7412 "VIDEO CAPTURE AND PRODUCTION" TO: PARADISE COAST TV, LLC, SOUNDSTYLE INC. DBA THE NAPLES STUDIO, CONTENDER Page 204 February 26, 2019 PRODUCTIONS STUDIOS, INC., AND FULL MOON CREATIVE, LLC, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS WITH AWARDED CONTRACTORS, AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #I 6F4 A REPORT COVERING BUDGET o� AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — FOR BUDGET AMENDMENT FROM THE COLLIER COUNTY AIRPORT AUTHORITY FUND BA #19-248 FOR RUNWAY AND TAXIWAY MARKING AT THE IMMOKALEE REGIONAL AIRPORT AND THE HALDEMAN CREEK MSTU FUND BA#19- 260 FOR DETERMINING THE DEGREE OF SILTING POST HURRICANE IRMA Item #I 6F 5 RESOLUTION 2019-30: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item. #16G 1 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE AIRPORT MANAGER TO EXECUTE THE REVISED ATTACHED STANDARD TIE -DOWN Page 205 February 26, 2019 AGREEMENT FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT — FOR PROSPECTIVE TENANTS IN ACCORDANCE WITH THE AIRPORT AUTHORITY'S LEASE POLICY AND THE BCC APPROVED RATES AND CHARGES Item # 1611 MISCELLANEOUS CORRESPONDENCE — ITEMS TO FILE FOR THE RECORD Page 206 February 26, 2019 Item # 16J 1 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF FEBRUARY 20, 2019 Item #I 6J2 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 JANUARY 31, 2019 AND FEBRUARY 13, 2019 PURSUANT TO FLORIDA STATUTE 136.06 Item #I 6K 1 RESOLUTION 2019-31: A RESOLUTION SETTING THE PLACE AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S OFFICE, TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE VACANCIES ON THE PELICAN BAY SERVICES DIVISION 0913x "IFF, #1 6K2 RESOLUTION 2019-32: APPOINTING ONE MEMBER TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE — APPOINTING PETER JOHNSON WITH TERM EXPIRING ON SEPTEMBER 23, 2022 Page 207 February 26, 2019 Item #I 6K3 RESOLUTION 2019-33: RE -APPOINT A MEMBER TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD, RECLASSIFY AN ALTERNATE MEMBER AS A REGUL�ri MEMBER — RE -APPOINTING KATHLEEN ELROD WITH TERM EXPIRING ON FEBRUARY 14, 2022, AND THAT RYAN WHITE BE RECLASSIFIED FROM ALTERNATE TO REGULAR MEMBER WITH TERM EXPIRING ON FEBRUARY 14, 2021 Item # 16K4 — Moved to Item # 12A (Per Agenda Change Sheet) Item #I 7A 0 RESOLUTION 2019-34: PETITION VAC-PL20180001954, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 40 -FOOT DRAINAGE EASEMENT, AS DESCRIBED IN BOOK 10655 PAGE 582 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN THE REAR YARD OF LOT 35, QUEENS PARK AT LAGO VERDE PHASE 2 SUBDIVISION, ON THE SOUTH SIDE OF KENT DRIVE, APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #I 7B RESOLUTION 2019-35: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, Page 208 February 26, 2019 TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #I 7C — Moved to Item #9C (Per Agenda Change Sheet) There being no further business for the good of the Cou ty.,the meeting was adjourned by order of the Chair at 3:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL WILLIAM L, McDANIEL, JR., CHAIRMAN ATTEST CRYSTAL K. KINZEIA, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 209