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BCC Minutes 09/24/2019 RSeptember 24, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 24, 2019 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: 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 September 24, 2019 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 September 24, 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 ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 2 September 24, 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. Pastor Herminio Pagan of East Naples Baptist-Spanish Church Invocation given by County Manager Leo Ochs 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.) Approved and/or Adopted w/changes – 5/0 B. September 5, 2019 – Budget Hearing Meeting Minutes Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE Page 3 September 24, 2019 1) 20 YEAR ATTENDEES a) Mike Stone – Road Maintenance Presented 2) 25 YEAR ATTENDEES a) Mike Ossorio – Code Enforcement Presented b) John Plummer – Emergency Services Presented 3) 30 YEAR ATTENDEES a) James Maulden – Solid and Hazardous Waste Not present B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Presentation of the July 2019 Employee of the Month, Jolen Mayberry, Park Ranger, Public Services Department. (All Districts) Presented 2) Presentation of the August 2019 Employee of the Month, Randy Lowe, Instrumentation/Electrical Technician, Public Utilities Department. (All Districts) Presented 4. PROCLAMATIONS A. Proclamation designating September 15 - October 15, 2019 as Hispanic Heritage Month in Collier County. To be accepted by Carlos Rodriquez, Council of Hispanic Business Professionals, Carmen Salome and Raphael Lopez, Hispanic Votes, and Marilyn Sainz, Collier Chapter of the National Association of Hispanic Real Estate Professionals. Page 4 September 24, 2019 Adopted – 5/0 5. PRESENTATIONS A. Presentation on the Veterans Count conducted in July by the Wounded Warriors of Collier County. (Dale Mullin) Presented; Commitment from Chairman and Board regarding change in the number of homeless veterans in Collier County – Consensus 6. PUBLIC PETITIONS A. Public Petition request from Ms. Patricia Holley, requesting that the Board of County Commissioners adopt an ordinance banning the retail sale of dogs and cats, requiring retailers to offer dogs and cats for adoption from lo cal, recognized shelters and rescue organizations. Presented; Motion to bring back for further consideration at the October 22nd BCC Meeting at a time certain – Approved 5/0 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Rae Ann Burton – Golden Gate Land Trust Committee B. James Dorsey – Improvements on Santa Barbara Boulevard 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard no sooner than 10:00 a.m. Recommendation to approve by Ordinance the single 2018 Cycle One Growth Manageme nt Plan Amendment specific to the Livingston Road/Veterans Memorial Boulevard East Residential Sub-district petition. [Adoption Hearing] (This is a companion to Agenda Item #9B) (District 2) Ordinance 2019-21: Motion to adopt based upon approved language and commitments – Adopted 5/0 B. This item to be heard no sooner than 10:00 a.m. 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 approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which Page 5 September 24, 2019 established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zon ing atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district, part of which is within a Special Treatment (ST) overlay, and a Residential Planned Unit Development (RPUD) known as the Della Rosa RPUD, part of which is within a Special Treatment (ST) overlay, to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Allura RPUD, to allow construction of a maximum of 304 multi-family dwelling units on property located on the south side of Veterans-Memorial Boulevard, just east of Livingston Road, in Section 13, Township 48 South, Range 25 East, consisting of 35.92± acres; providing for the repeal of Ordinance No. 07-73; and by providing for an effective date. (This is a companion to Agenda Item #9A) (District 2) Ordinance 2019-22: Motion to adopt based upon the approved language and commitments – Adopted 5/0 C. Recommendation to review and adopt Proposed Amendments to the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically creating the Golden Gate City Sub-Element, the Urban Golden Gate Estates Sub-Element, and the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element and corresponding amendments to the Conservation and Coastal Management Element, the Solid Waste Sub-Element and Stormwater Management Sub-Element of the Public Facilities Element, the Transportation Element, and the Future Land Use Element and to Transmit the Amendments to the Florida Department of Economic Opportunity and other applicable agencies. (District 3) Ordinance 2019-23: Golden Gate Area Master Plan Ordinance 2019-24: Golden Gate City Sub-element Ordinance 2019-25: Urban Golden Gate Estates Sub-element Ordinance 2019-26: Rural Golden Gate Estates Sub-element Ordinance 2019-27: FLUE (Future Land Use Element) Ordinance 2019-28: CCME (Conservation & Coastal Mgmt. Element) Ordinance 2019-29: Solid Waste Sub-element Ordinance 2019-30: Stormwater Management Sub-element Ordinance 2019-31: Transportation Element Adopted – 5/0 10. BOARD OF COUNTY COMMISSIONERS Page 6 September 24, 2019 A. This item to be heard at 9:50 a.m. Recommendation to interview an applicant for a vacancy on the Collier County Planning Commission. (All Districts) Resolution 2019-181: Motion to Re-appoint Joe Schmidt to the Collier County Planning Commission – Adopted 5/0 B. Recommendation to appoint a member to represent M-CORES (Multi-Use Corridors of Regional Economic Significance) Task For ce. (All Districts) Motion to appoint Commissioner Taylor - Approved 5/0 Moved from Item #16H1 (Per Agenda Change Sheet) Time Certain 1:00 p.m. (Consensus during Agenda Changes) C. Presentation of Hearing Examiner’s Annual Activities Report to the Board of County Commissioners. (All Districts) Motion to accept report – Approved 4/1 (Commissioner Solis opposed) 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid No. 19-7654 Clam Pass, North Park Shore and Park Shore Beach Re-nourishment to Earth Tech Enterprises, Inc., in the amount of $3,579,500, authorize necessary budget amendments, authorize the Chairman to execute the attached Agreement, and make a finding that this item promotes tourism (Project No. 90067 and 90069). (Gary McAlpin, Coastal Zone Manager, Capital Project Planning, Impact Fees and Program Management) (District 4) Approved – 5/0 B. Recommendation to approve and execute the attached Real Estate Sales Agreement for the sale of the Randall Curve 47 +/- acre parcel, less and except the one (1) acre parcel to be retained by the County, to Crown Management Services, LLC for $3,750,000 and accept the 10 +/- acre parcel at the Estates Shopping Center. (Toni Mott, Property Acquisition Manager) (District 5) Approved – 5/0 C. Recommendation to select among the options presented for creation of a Complete Count Committee in conjunction with the upcoming 2020 United States Census. (John Mullins, Government Affairs Manager) (All Districts) Motion to select the private sector option with staff’s support – Approved 5/0 Page 7 September 24, 2019 D. Recommendation to accept the completed Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) (All Districts) Approved - 5/0 Moved from Item #16C2 (Per Agenda Change Sheet); E. Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for Fiscal Year 2020 (FY20). This resolution adopts the rates that fund the FY20 budget for solid waste collection and disposal and increases the rate to 2.9 percent on landfill tipping fee and 2.0 percent for residential solid waste collection assessment s. (All Districts) Resolution 2019-183 Adopted – 5/0 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney. (All Districts) Approved - 5/0 Moved from Item #16K3 (Per Agenda Change Sheet) To be heard immediately following Item #10C (Consensus during agenda changes) B. Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for the Community School of Naples, Inc. (All Districts) Resolution 2019-182 Adopted – 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. BCC Future Workshop Schedule (All Districts) Page 8 September 24, 2019 B. Commissioner Fiala – Farm City BBQ held the day before Thanksgiving at Cambier Park C. Commissioner Saunders – Agenda item - Naming the Adaptive Sailing Center; Vaping probation questions D. Commissioner Taylor – Status of North Collier Fire Station 40 E. Adjourn – Consensus ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes – 5/0 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $56,620 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170004022) for work associated with Vanderbilt Reserve. (District 3) 2) Recommendation to approve Supplemental Agreement #2 to LAP Agreement 436971-1-98-01, giving Collier County's Traffic Management Center approval to procure all required traffic count station equipment and accessories needed; to authorize expenditures exceeding $50,000 to purchase the required equipment including repairs and upgrades through a single/sole source procurement; and to authorize expenditures of approximately $50,000 per fiscal year, through FY-2023, for licensing, software, maintenance, replacement and repairs. (All Districts) New equipment will enable automation of vehicle count processes 3) Recommendation to approve Agreements No. 20CO1; 20CO2; 20CO3 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for funding reimbursement and support for Collier County Beach Renourishment and Inlet Management Projects. (All Districts) The grants allow reimbursement of approximately $2,777,698 for Page 9 September 24, 2019 future work; the required match ranges from 24.34% to a maximum of 50% as outlined in each agreement 4) Recommendation to approve the release of a code enforcement lien with an accrued value of $144,830.13 for payment of $1,000 in the code enforcement action entitled Board of County Commissioners v. John V. Melick Jr TR, relating to property located at 5130 Alpha Ct., Collier County, Florida. (District 4) The property was brought into compliance October 19, 2018 5) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Ave Maria Unit 13, Middlebrooke Townhomes, Application Number AR10581, and authorize the release of the maintenance security. (District 5) Resolution 2019-167 6) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Greyhawk at Golf Club of the Everglades Phase 2B, PL20170003252 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 5) A final inspection to discover defects was conducted by Development Review staff on August 1, 2019, in coordination with Public Utilities and the facilities were found to be satisfactory and acceptable 7) Recommendation to approve final acceptance of the potable water and sewer facilities for Heartland Dental, PL20180000503, accept the conveyance of a portion of the potable water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $6,458.50 to the Project Engineer or the Developer’s designated agent. (District 3) On-site potable water and sewer utilities, less potable water utilities, are owned and maintained by the developer 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 10 September 24, 2019 participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Vyne House at Talis Park Tract “B” Replat, Application Number PL20190000891. (District 2) Located between I-75 and Livingston Road 9) Recommendation to approve and enter into a Revocable License Agreement with the Golden Gate Estates Area Civic Association, Inc. (GGEACA) for the purpose of the installation of two ground signs within County right-of-way. (District 5) The Association will be responsible for maintaining the signs 10) Recommendation to approve the submittal of a Beautification Grant application to the Florida Department of Transportation for a project in which Collier County will be reimbursed, up to $103,616.88, for median irrigation and landscaping improvements on State Road US 41 North (Pine Ridge Road to Gulf Park Drive). (District 2) Resolution 2019-168 11) Recommendation to approve the submittal of a Beautification Grant application to the Florida Department of Transportation for a project in which Collier County will be reimbursed, up to $101,655, for median irrigation and landscaping improvements on State Road 951 (Mainsail Drive to Fiddler’s Creek Parkway) (District 1) Resolution 2019-169 12) Recommendation to approve the submittal of a Beautification Grant application to the Florida Department of Transportation for a project in which Collier County will be reimbursed, up to $104,302.25, for median irrigation and landscaping improvements on State Road 951 (Jolley Bridge to McIlvane Bay Bridge). (District 1) Resolution 2019-170 13) Recommendation to authorize a budget amendment to recognize revenue and transfer funding for projects within the Transportation Supported Gas Tax Fund (313), Transportation & CDES Capital Fund (310) and Stormwater Capital Improvement Fund (325) in the amount of $486,206.02 (Projects Nos. 60066, 60085, 60088, 69331, 69333, 69338 and 60102). (All Districts) Funds collected in FY 2019 exceeded budgeted revenue Page 11 September 24, 2019 14) Recommendation to approve the submittal of a Beautification Grant application to the Florida Department of Transportation for a project in which Collier County will be reimbursed, up to $103,522.75, for median irrigation and landscaping improvements on State Road US 41 North (Gulf Park Drive to Vanderbilt Beach Road). (District 2) Resolution 2019-171 15) Recommendation to approve a Memorandum of Agreement between Collier County and the Big Cypress National Preserve detailing the terms of a combined effort to improve hydrologic conditions within the wetlands and watersheds of a portion of the Big Cypress National Preserve, near and along Wagon Wheel Road. (District 1) To assist staff of the National Park Service’s Big Cypress National Preserve with the Ochopee Sheet Flow Restoration Plan, specifically the Upper Wagon Wheel Sheet Flow project 16) Recommendation to authorize budget amendments to recognize revenue, in the amount of $141,220.20, within Stormwater Capital Fund (325). (District 1) In regards to the sale of a 1.58-acre parcel located adjacent to and within the Henderson Creek Canal 17) Recommendation to approve a Second Amendment to the Amended and Restated Developer Agreement (DA) between the developer of Parklands Planned Unit Development, Parklands Associates I, LLLP (Developer) and Collier County (County) to extend the date of the intersection improvements at Logan Boulevard and Immokalee Road and to extend the completion date of the Logan North Phase Two construction. (District 3) As detailed in the Executive Summary 18) Recommendation to approve a Cooperative Agreement between the U.S. Department of the Interior, U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, and Collier County to facilitate marine debris removal on Land Units of Ten Thousand Island National Wildlife Refuge, Collier County and State of Florida. (District 1, District 5) As a result of Hurricane Irma 19) Recommendation to approve an Amendment to the Developer Page 12 September 24, 2019 Agreement between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County (County) to define access points along City Gate Boulevard North for individual lots and to the Collier County Sports Complex and Event Center. (District 5) To memorialize new access points, including a shared use driveway agreement and determine the Developer’s share of costs associated with the improvements (driveways, access improvements, and landscaping) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve the attendance of two Immokalee and two Bayshore/Gateway Triangle Local Redevelopment Advisory Board members at the Florida Redevelopment Association 2019 Annual Conference; authorize payment of attendees’ registration, lodging, travel and per diem from the CRA Trust Fund (Fund 186/187); and declare the training received as serving a valid public purpose. (All Districts) The conference will be held October 16-18, 2019 at the Hilton in Tampa, Florida 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (the “CRAB”), award Solicitation No. 19-7569, Water Main Improvements on Becca Ave & Pine St (Fire Suppression Phase-2), to Douglas N. Higgins, Inc., in the amount of $677,111, authorize necessary budget amendments and authorize the Chairman to sign the attached agreement. (District 4) To improve water pressure and increase the level of fire protection within the Bayshore Gateway Triangle CRA C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Invitation to Bid #19-7572, “Leak Detection Services,” to Utility Services Associates, LLC for leak detection services for the Collier County Water-Sewer District. (All Districts) Proactive testing allows a non-destructive method of determining if the water mains have any leaks Page 13 September 24, 2019 Moved to Item #11E (Per Agenda Change Sheet) 2) Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for Fiscal Year 2020 (FY20). This resolution adopts the rates that fund the FY20 budget for solid waste collection and dis posal and increases the rate to 2.9 percent on landfill tipping fee and 2.0 percent for residential solid waste collection assessments. (All Districts) 3) Recommendation to approve the selection committee’s rankings and to authorize staff to enter into contract negotiations with the top- ranked firm, CDM Smith, Inc., for Request for Professional Services No. 19-7583, “NESA Wellfield” (Project No. 70194). (District 5) For design, permitting and administrative services for wells that will be constructed during various phases of improvements 4) Recommendation to approve an Agreement for Sale and Purchase for the Solid and Hazardous Waste Management Division to acquire 2.5 acres of vacant land in the Resource Recovery Business Park for a total cost not to exceed $21,000 (Project No. 59012). (District 5) An in-house appraisal determined a market value of $18,000 5) Recommendation that the Board of County Commissioners (Board) authorize the County Attorney to advertise an ordinance amending Ordinance No. 2005-54, as amended, which established Mandatory Solid Waste Collection, by adding provisions related to the BearWise Program. (All Districts) 6) Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 19-7540, “Design Build Collier County I-75 and 951 Utility Relocation Project,” and authorize staff to begin contract negotiations with the top-ranked firm of Quality Enterprises USA, Inc., so that staff can bring a contract back to the Board at a later meeting. (District 5) As detailed in the Executive Summary 7) Recommendation to award Request for Quotation under Contract #19- 7525, “Temporary Kitchen Facility for Collier County Jail” to Capital Page 14 September 24, 2019 Contractor, in the amount of $379,944.60. (District 1) To provide utility connections and a covered ramp and deck for two temporary mobile cooking trailers that will be used while the main jail kitchen is closed for renovations (Project No. 53007) Withdrawn (Per Agenda Change Sheet) 8) Recommendation to terminate the Technical Assistance Interlocal Agreement between Collier County, the Collier County Water- Sewer District, and the City of Everglades City, consistent with the City's request. (District 5) 9) Recommendation to authorize a budget amendment from reserves appropriated in the dedicated Collier County Courthouse Capital Improvements Fund 181, in the amount of $2,154,376.65, for specified exterior and interior capital improvements to the facility. (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve an agreement related to the award of Invitation to Bid (ITB) #19-7627 to enhance four Bus stops on Fleischmann Boulevard, to include two pull outs and two shelter improvements, to Coastal Concrete Products, LLC d/b/a Coastal Site Development in the amount of $261,050.00 and authorize the Chairman to execute the attached agreement. (District 4) The stops will also receive bus shelters and/or associated amenities to better serve passengers 2) Recommendation to approve an Agreement for Sale and Purchase with Mary Beth Koch, as Trustee of the Randall K. Koch Declaration of Trust dated February 2, 1994, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,150. (All Districts) Part of the Winchester Head Multi-parcel Project 3) Recommendation to approve a Settlement Agreement with Atkins North America, Inc. and Quality Enterprises USA, Inc., to cure a work defect performed at Bus Stop Site #137. (All Districts) Located on US 41 at Lakewood Boulevard Page 15 September 24, 2019 4) Recommendation to approve and authorize the removal of uncollectible receivables in the amount of $3,939.03 from the financial records of the Parks and Recreation Division in accordance with Resolution No. 2006-252 and authorize the Chair to execute the attached Resolution. (All Districts) Resolution 2019-172 5) Recommendation to approve three (3) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $10,500 and an associated Budget Amendment for $3,000. (All Districts) Deposited funds will be used for eligible SHIP activities 6) Recommendation to approve the FY2019-2020 State Aid to Libraries Grant and authorize the Chairman to sign the grant agreement #20-ST-08 required for the submission of the grant application to the Florida Department of State, Division of Library and Information Services for funding in the estimated amount of $221,697 and authorize the County Manager or designee to sign all certifications.. (All Districts) Upon notification of the award, the Board will be asked to accept the grant and approve a Budget Amendment to recognize the revenue and appropriate expenditures 7) Recommendation to accept the FY19-20 Commission for the Transportation Disadvantaged Shirley Conroy Rural Capital Equipment Support Grant, in the amount o f $71,206 and a local match in the amount of $7,912 for the procurement of one (1) Cutaway Transit Vehicle and authorize necessary Budget Amendments (Total Fiscal Impact $79,118). (All Districts) Used to maintain transit services in rural areas of Collier County 8) Recommendation to approve the execution of the Florida Department of State Division of Historical Resource Small Matching Grant award contract 20.h.sm.100.020, in the amount of $50,000, associated Budget Amendment, and an “After-the-Fact” encumbrance requirement extension request for a site development and landscape plan for Margood Harbor Park Historic Cottage site. (All Districts) For preparation of architectural drawings and landscape plans Page 16 September 24, 2019 9) Recommendation to approve an agreement in the amount of $699,366 with the Agency for Health Care Administration, approve an agreement with Collier Health Services, Inc., and authorize necessary Budget Amendments to participate in the Medicaid Low Income Pool Program, generating $800,685 in federal matching funds that will provide additional health services for the citizens of Collier County. (All Districts) 10) Recommendation to authorize a Budget Amendment in the amount of $311,454.68 from various projects in the Parks' Capital Fund (306) to provide additional parking along Hamilton Avenue for Bayview Park patrons. (District 4) For design improvements on Hamilton Avenue and Danford Street to improve boat parking at Bayview Park 11) Recommendation to award an Agreement for Request for Qualifications No. 19-7646, “General Contractors for Public Transit Construction Projects,” to Chris-Tel Company of Southwest, FL, Inc., d/b/a Chris-Tel Construction, Capital Contractors, LLC, Waypoint Contracting, Inc., and NR Contractors, Inc. (All Districts) To design and construct bus stop shelters, improve existing stops and retrofitting and vertical construction of existing facilities E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to execute the Eighth Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner), which will extend the term of the Agreement to September 30, 2020. (All Districts) 2) Recommendation to recognize accrued interest from the period April 1, 2019 through June 30, 2019 earned by EMS County Grant and appropriate funds for a total amount of $1,025.06. (All Districts) 3) Recommendation to accept a distribution from The Raymond Carl Howard Credit Shelter Trust of 2003, in the amount of $19,438.92 to specifically be used for Collier County Emergency Medical Services rescue work and authorize the Chairman to approve the required Receipt of Beneficiary, Waiver of Judicial Accounting, Release of Page 17 September 24, 2019 Liability and necessary budget amendment. (All Districts) 4) Recommendation to approve and authorize the Chairman to execute a Resolution adopting the Pay and Classification Plans for the County Manager’s Agency and County Attorney’s Office effective October 1, 2019; to approve the creation of new classifications, modification and/or deletion of classifications, and assignment of pay ranges from the proposed Pay and Classification Plans, from July 1, 2019 forward, using the existing point-factor job evaluation system, and authorize deferred compensation matching for all regular full and part-time employees below the Division Director level effective January 1, 2020. (All Districts) Resolution 2019-173 5) Recommendation to approve the purchase of Flood Insurance for FY2020 to protect the County’s real and personal property assets in the estimated annual amount of $464,578. (All Districts) 6) Recommendation to approve the purchase of Excess Workers’ Compensation Insurance from Arch Insurance Company for FY2020 in the estimated annual amount of $157,219. (All Districts) 7) Recommendation to approve the purchase of Aircraft and Airport Insurance from the Member Companies of Global Aerospace in the estimated annual amount of $66,848 and to authorize staff to bind coverage on the new Med Flight helicopter at the time of delivery. (All Districts) 8) Recommendation to approve the purchase of Liability, Automobile and other insurance coverage for FY 2020 in the estimated annual amount of $856,464. (All Districts) 9) Recommendation to approve an Assumption Agreement with Bound Tree Medical, LLC assigning all rights, duties and benefits, and obligations under Invitation to Bid (ITB) #16 -6593. (All Districts) The successor in interest in relation to the contract, previously with Midwest Medical Supply Company d/b/a MMS 10) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Request for Grant Fund Distribution Form Page 18 September 24, 2019 and Resolution to fund Training and Medical/Rescue Equipment for Collier County EMS in the amount of $63,560. (All Districts) Resolution 2019-174 11) Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-SC, “Professional Services Library - SCADA Engineering and Integration Category,” and authorize staff to begin contract negotiations with the top five ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. (All Districts) For negotiations with Tetra Tech, Inc., Carollo Engineers, Inc., McKim & Creed, Inc., AECOM Technical Services, Inc. and Jacobs Engineering Group, Inc. 12) Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-UC, “Professional Services Library - Utility Collection & Distribution,” and authorize staff to begin contract negotiations with the top eight ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. (All Districts) For negotiations with Johnson Engineering, Inc., Q. Grady Minor & Associates, P.A., Tetra Tech, Inc., AECOM Technical Services, Inc., Stantec Consulting Services, Inc., Cardno, Inc., Carollo Engineers, Inc. and CDM Smith, Inc. 13) Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-CZ, “Professional Services Library - Coastal Engineering,” and authorize staff to begin contract negotiations with the top three ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. (All Districts) For negotiations with Aptim Environmental Infrastructure, LLC, Humiston & Moore Engineers, P.A. and Taylor Engineering, Inc. 14) Recommendation to extend the existing contract to Wallace International Truck, Inc., under Agreement #15-6497, “International Truck Parts” for a period of six months to allow staff to complete soliciting, and to prevent a lapse in this service. (All Districts) Page 19 September 24, 2019 15) Recommendation to extend the existing contract to Gillig LLC under Agreement #15-6479, “Gillig Bus Parts” for a period of six months to allow staff to complete soliciting, and to prevent a lapse in this service. (All Districts) 16) Recommendation to authorize the County Manager’s designee from Fleet Management Division to transfer duplicate titles to the purchaser of County vehicles previously sold at auction on April 29, 2017, and to approve a Hold Harmless and Indemnity Agreement whereby the purchaser agrees to hold harmless and indemnify the County for any potential claims relating to those purchased vehicles since the date of sale. (All Districts) 17) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) As detailed in the Executive Summary 18) Recommendation to approve the sale and disposal of surplus assets per Resolution 2013-095 via public auction November 1 & 2, 2019; approve the addition of surplus items received subsequent to the approval of this Agenda Item for sale in the auction; and authorize the Procurement Director, as designee for County Manager, to sign for the transfer of vehicle titles. (All Districts) 19) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. (All Districts) Resolution 2019-175 2) Recommendation to approve and authorize the Chairman to sign the Agreement with the Partnership for Collier’s Future Economy, Inc., an affiliate of the Greater Naples Chamber of Commerce, in continued support of the established public-private partnership designed to Page 20 September 24, 2019 advance the County’s economic development efforts. (All Districts) The FY20 agreement adds new responsibilities for the partnership 3) Recommendation approve and authorize the Chairman to sign the Agreement with the Florida Gulf Coast University Small Business Development Center, in the amount of $25,000, in continued support of Collier County’s small business community and ongoing entrepreneurial efforts. (All Districts) Through the agreement, FGCU-SBDC will administer the Collier County Small Business Development Center program 4) Recommendation to approve and authorize the Chairman to sign a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida Inc., to provide local match funding in the amount of $75,000 in Fiscal Year 2020. (All Districts) This is the 9th year the Board has budgeted funds for the coalition, which provides services to families, children and child care providers in Collier County 5) Recommendation to approve and authorize the Chairman to sign the Strategic Alliance Memorandum with the U.S. Small Business Administration to enhance efforts to support the Collier County small business community. (All Districts) To foster an environment for entrepreneurs in starting, growing, and succeeding in business 6) Recommendation to approve a pilot program and partnership with the Naples Botanical Garden for the landscaping design and construction at the Collier County Sports and Special Event Complex. (All Districts) As detailed in the Executive Summary 7) Recommendation that the Board of County Commissioners reviews and approves the proposed FY2020 Action Plan for the County Manager. (All Districts) As detailed in the Executive Summary 8) Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant Agreements for FY20 Marketing & Page 21 September 24, 2019 Event Grants ($70,550) and Non-County Owned/Operated Museum Grants ($946,521), authorize necessary budget amendment and make a finding that these expenditures promote tourism. (All Districts) 9) Recommendation to approve a First Amendment to Agreement # 19068-NS for a sixty-day extension to the Temporary Maintenance Agreement with the Gulf Coast Junior Golf Tour, Inc., d/b/a The First Tee of Naples/Collier (“The First Tee”) for maintenance activities at the Golden Gate Golf Course to allow for additional time to provide golf course maintenance and operations services and to complete its report on the conditions and needs of the Golden Gate Golf Course. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the removal of uncollectible accounts receivable in the amount of $2,506.18 from the financial records of the Airport Authority Fund (495) in accordance with Resolution 2006-252 and authorize the Chair to execute the attached Resolution. (All Districts) Resolution 2019-176 H. BOARD OF COUNTY COMMISSIONERS Moved to Item #10C (Per Agenda Change Sheet) 1) Presentation of Hearing Examiner’s Annual Activities Report to the Board of County Commissioners. (All Districts) I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve Tax Collector request for advance commissions in accordance with Florida Statute 192.102(1) for FY2020. (All Districts) 2) Recommendation to extend the 2019 Tax Roll at the request of Tax Collector Larry Ray. (All Districts) Due to the volume of Value Adjustment Board petitions Page 22 September 24, 2019 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between August 29, 2019 and September 11, 2019 pursuant to Florida Statute 136.06. (All Districts) 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of September 18, 2019. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 438RDUE, in the amount of $18,834.50, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-1473, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $15,434.50) (All Districts) 2) Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 432RDUE, in the amount of $12,000, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Angel Crespo, et al, Case No. 17-CA-1386, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $10,200) (All Districts) Moved to Item #12B (Per Agenda Change Sheet) 3) Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for the Community School of Naples, Inc. (All Districts) 4) Recommendation to appoint a member to Conservation Collier Land Acquisition Advisory Committee. (All Districts) Resolution 2019-177: Appointing Thomas J. Iandimarino to a term expiring February 11, 2023 5) Recommendation to reappoint a member to the CCPC, representing the District School Board. (All Districts) Page 23 September 24, 2019 Resolution 2019-178: Reappointing Thomas Easton to a term expiring October 1, 2023 6) Recommendation to approve the hiring of Lawrence A. Farese, Esq., for mediation services in the contract dispute case styled Johnson Controls, Inc. v. Collier County Board of County Commissioners, Case No. 2019CA-3326, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to retain Mr. Farese under the terms specified in the attached Mediation Rates and Procedure sheet. (All Districts) 7) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2019-2020 Action Plan for Jeffrey A. Klatzkow, County Attorney. (All Districts) As detailed in the Executive Summary ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Adopted – 5/0 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.85± acres of land zoned Planned Unit Development to the Siena Lakes CCRC CPUD; by amending Ordinance Number 09-65, as amended, the Siena Lakes CCRC CPUD, to add 5.85± acres from the Orange Blossom Gardens PUD to the Siena Lakes CCRC CPUD; by increasing the maximum square footage from Page 24 September 24, 2019 764,478 to 878,889 square feet; by increasing the maximum number of independent living units from 355 to 431 units and increasing the maximum number of assisted living beds from 35 to 47 beds; by adding sales and marketing as a permitted indoor accessory use; by reducing setbacks from the south and west property lines, by reducing the minimum square footage of assisted living units, by increasing the landscape buffer on the south property line, and revising the master plan to reflect the additional acreage and modified site layout; by adding one deviation and removing one deviation relating to landscape buffers, and modifying developer commitments. The subject property is located on the north side of Oran ge Blossom Drive, just east of Airport Pulling Road, in Section 1, Township 49 South, Range 25 East, Collier County, Florida, consisting of 35.1± acres; providing for repeal of the Orange Blossom Gardens PUD, Ordinance Number 92-75, as amended; and by providing an effective date. [PL20180001174] (District 2) Ordinance 2019-20 B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. (All Districts) Resolution 2019-179 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2019-20 Adopted Budget. (All Districts) Resolution 2019-180 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. September 24, 2019 Page 2 MR. OCHS: Ladies and gentlemen, if you'd please come to order; take your seats. Thank you very much. Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Well, good morning, everybody. MR. OCHS: Good morning. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE CHAIRMAN McDANIEL: We're going to start off with our invocation and the Pledge. And Pastor Herminio Pagan of the East Naples Baptist Spanish Church will lead us in prayer. Did I butcher her name? COMMISSIONER TAYLOR: No, no. He was standing, so I decided to stand. MR. OCHS: Mr. Chairman, I don't see the pastor this morning, so if you don't mind, I'll just lead us in prayer this morning. CHAIRMAN McDANIEL: You do it, okay. I'll do it if you want me to. MR. OCHS: Bow your heads, please. Our heavenly father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens; that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name. Amen. CHAIRMAN McDANIEL: Commissioner Solis, would you lead us today? September 24, 2019 Page 3 COMMISSIONER SOLIS: I'd be honored to. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: Okay. Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES Item #2B SEPTEMBER 5, 2019 – BUDGET HEARING MEETING MINUTES APPROVED AS PRESENTED MR. OCHS: Commissioners, good morning. These are the proposed agenda changes for the Board of County Commissioners' meeting of September 24th, 2019. The first proposed change is to withdraw Item 16C8 from your agenda this morning. That withdrawal is at the staff's request. That item will be rescheduled for your second meeting in October. The next proposed change is to move Item 16H1 from the consent agenda to Item 10C under Board of County Commissioners. This is a presentation of the Hearing Examiner's annual activities report. That move is made at Commissioner Solis' request. We also have received a -- CHAIRMAN McDANIEL: One second, County Manager. COMMISSIONER SAUNDERS: I think you were probably getting ready to say this, for the time-certain. MR. OCHS: I also received a request to hear that item at 1 p.m. September 24, 2019 Page 4 this afternoon if that's acceptable to the Board. CHAIRMAN McDANIEL: Which one is that? MR. OCHS: That's Item 16H1 will become 10C, the Hearing Examiner Activity Report, 1 p.m. You okay with that, Commissioner? COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: You're the one that asked to have it brought up, so... MR. OCHS: The next proposed change is move Item 16C2 to become Item 11E under the County Managers' report. This is the adoption of the annual rate resolution that establishes our charges for our annual solid waste collection services. That item is being moved at Commissioner Taylor's request. The next proposed change is to move Item 16K3 from the County Attorney consent agenda to become Item 12B. It's a request by the Collier County Industrial Development Authority for approval of a resolution to issue revenue bonds on behalf of the Community School of Naples. That item is moved at Commissioner Solis' request. COMMISSIONER TAYLOR: I also have -- make a respectful request that perhaps we could hear this after the Hearing Examiner, which means if the Hearing Examiner is at 1:00, we could hear it when that's finished? MR. OCHS: That's fine. COMMISSIONER SOLIS: That's fine. I mean, my only reason for pulling it was just to have a better understanding of what we're approving. CHAIRMAN McDANIEL: Sure. MR. OCHS: Mr. Chairman, if you don't mind, I'll just set that to be heard immediately following 10C. CHAIRMAN McDANIEL: Right. And we'll set the Hearing September 24, 2019 Page 5 Examiner to be not before 1:00, and then we'll go right on to this one. That's fine. COMMISSIONER TAYLOR: Great. Thank you. One o'clock or not before. CHAIRMAN McDANIEL: Not before one o'clock. And then we'll do the Hearing Examiner, and then do this one next. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Thank you, sir. Then in terms of your time-certain items this morning, Item 10A, which is an interview with a potential applicant for your Collier County Planning Commission, is scheduled to be heard at 9:50 this morning. And then Items 9A and 9B, which are the public hearings related to the Allura Growth Management Plan amendment and rezone, are scheduled to be heard no sooner than 10 a.m. And then, again, to reiterate the afternoon time-certains: We'll hear Item 10C no sooner than 1:00 p.m., and Item 12B will immediately follow Item 10C. And those are, mercifully, all the changes I have. CHAIRMAN McDANIEL: Mercifully. No less, until we get through us, and then we'll find out how much mercy you -- MR. OCHS: I said my changes. CHAIRMAN McDANIEL: Okay. With that, let's go with ex parte and agenda adjustments. Commissioner Solis? COMMISSIONER SOLIS: On the consent agenda, no -- no comments, no disclosures on the consent. CHAIRMAN McDANIEL: And the balance of the agenda other than your proposed changes okay? COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you very much. September 24, 2019 Page 6 I have no additions, no corrections on the regular agenda, and as far as ex parte on the consent and summary agenda, I have no disclosures. COMMISSIONER SOLIS: Oh. CHAIRMAN McDANIEL: Oh? COMMISSIONER SOLIS: I'm sorry. I'm sorry. Let me correct that. CHAIRMAN McDANIEL: You don't have to be sorry. You're allowed one mistake per meeting. COMMISSIONER SOLIS: I might have to put my glasses on today. I'm sorry. No, on 17A, the summary agenda, I did have a meeting with Mr. Mulhere and Mr. Yovanovich in 2018, and there were several emails from adjoining property owners in Lakeside. Sorry. I interrupted you. CHAIRMAN McDANIEL: There's no sorries. 2018 was a long time ago. COMMISSIONER SOLIS: I know. COMMISSIONER FIALA: See, he's thorough. CHAIRMAN McDANIEL: Yes, he is. My scare is if I'm expected to remember those things myself from that far back. So having said that, Commissioner Saunders. COMMISSIONER SAUNDERS: I have no changes and no ex parte. COMMISSIONER TAYLOR: No changes, no ex parte. CHAIRMAN McDANIEL: And same with myself. So with that I will call for approval of the mercifully adjusted agenda along with minutes from our September 5th meeting. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the agenda as approved and the minutes from our September 24, 2019 Page 7 September 5th meeting. 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. Now our favorite part. Proposed Agenda Changes Board of County Commissioners Meeting September 24, 2019 Withdraw Item 16C8: Recommendation to terminate the Technical Assistance Interlocal Agreement between Collier County, the Collier County Water- Sewer District, and the City of Everglades City, consistent with the City's request. (Staff’s request) Move Item 16H1 to Item 10C: Presentation of Hearing Examiner’s Annual Activities Report to the Board of County Commissioners. (Commissioner Solis’ request) Move Item 16C2 to Item 11E: Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for Fiscal Year 2020 (FY20). This resolution adopts the rates that fund the FY20 budget for solid waste collection and disposal and increases the rate to 2.9 percent on landfill tipping fee and 2.0 percent for residential solid waste collection assessments. (Commissioner Taylor’s request) Move Item 16K3 to Item 12B: Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for the Community School of Naples, Inc. (Commissioner Solis’ request) Time Certain Items: Item 10A to be heard at 9:50 a.m. Companion Items 9A and 9B to be heard no sooner than 10:00 a.m. 10/14/2019 11:08 AM September 24, 2019 Page 8 Item #3A1 EMPLOYEE RECOGNITION – 20 YEAR ATTENDEES - PRESENTED MR. OCHS: Yes, sir. If the Board would be kind enough to join us in front of the dais for our service awards. Commissioners, we're pleased this morning to recognize several of our team members for their continued dedicated service to county government. We begin this morning by recognizing a 20-year service award recipient from Road Maintenance, Mike Stone. Mike? (Applause.) COMMISSIONER TAYLOR: There's always someone late for the party. Congratulations. COMMISSIONER FIALA: Do I look like I'm a little shorter than everybody? CHAIRMAN McDANIEL: I'm thinking I'd box him out, because I own the paint. So I'd be boxing him out. Do you want to stick her in between us? COMMISSIONER FIALA: No. (Applause.) MR. OCHS: Congratulations, Mike. Item #3A2 EMPLOYEE RECOGNITIONS: 25 YEAR ATTENDEES – PRESENTED Commissioners, we have two of our colleagues celebrating 25 years September 24, 2019 Page 9 of service to county government. Our first 25-year recipient, from your Code Enforcement Division, Mike Ossorio. Mike? (Applause.) COMMISSIONER TAYLOR: Speaks a lot since he's head of Code Enforcement. CHAIRMAN McDANIEL: Look at there. I'm not kissing you. Oh, that's nice. COMMISSIONER SOLIS: I'm not kissing you either. COMMISSIONER FIALA: Thanks for being there last night, too. He worked till pretty late last night, and he's here this morning. CHAIRMAN McDANIEL: That's how he gets the money. MR. OSSORIO: No, sir. MR. OCHS: Congratulations, Mike. (Applause.) MR. OCHS: Also celebrating 25 years of service this morning, from our Emergency Medical Services Division, John Plummer. John? (Applause.) MR. OCHS: Congratulations. MR. CASALANGUIDA: Congratulations. COMMISSIONER FIALA: Thank you for your service. (Applause.) Item #3A3 EMPLOYEE RECOGNITION: 30 YEAR ATTENDEE – PRESENTED MR. OCHS: And, finally, this morning, we have the honor of recognizing one of our colleagues celebrating 30 years of service to September 24, 2019 Page 10 our county government, from our Solid and Hazardous Waste Division. (Cell phone rang.) CHAIRMAN McDANIEL: Wait. That's two mistakes in the same meeting. We're going to dock his pay. COMMISSIONER SOLIS: My apologies. CHAIRMAN McDANIEL: That's two. MR. OCHS: Celebrating 30 years, James Maulden. James? (Applause.) MR. OCHS: I don't see him. We'll gather up that award for him. Thank you, Commissioners. That concludes our service awards. Item #3D1 EMPLOYEE OF THE MONTH – JULY Mr. Chairman, that moves us to Item 3D this morning. 3D1 is a presentation of the July 2019 Employee of the Month award to Jolen Mayberry from your Public Services Department. Jolen? (Applause.) MS. MAYBERRY: Thank you. CHAIRMAN McDANIEL: Most important. And then the plaque. COMMISSIONER FIALA: And congratulations. CHAIRMAN McDANIEL: Thank you. MR. OCHS: Jolen, stay right there for a minute while I tell the audience a little bit about you. Jolen has worked in our Parks and Recreation Department as a park ranger since 2003 covering primarily the Immokalee area. She patrols the park areas for compliance with county ordinances and September 24, 2019 Page 11 rules and policies, helps maintain the parks, keeps areas clean and litter free. She also works to protect and maintain wildlife together with all the natural resources within our park system. Twice within one week recently Jolen went above and beyond to assist members of her community. In the first instance, while on patrol, Jolen came upon a woman and her four children who appeared to be living in their truck parked at one of the parks. She talked with the woman and convinced her to follow Jolen to the Friendship House to get some assistance, but first Jolen took her to a gas station and filled the lady's truck with a tank full of gas. Two days later, Jolen met an older gentleman and his grandkids at the park. The kids said they were hungry, but the man said he did not have money to buy them food. Jolen left them, drove to McDonald's, and bought them all lunch. These are just two acts of kindness that have been documented, and we're sure there's countless more of Jolen's selflessness, empathy, and desire to help the citizens in her community. Commissioners, it's a great honor to present Jolen Mayberry, your park ranger, Employee of the Month for July 2019. (Applause.) MS. MAYBERRY: Thank you. Item #3D2 EMPLOYEE OF THE MONTH – AUGUST MR. OCHS: Item 3D2 is a presentation of the August 2019 Employee of the Month presented to Randy Lowe, Instrumentation and Electrical Technician with our Public Utilities Department. Randy, if you'd step forward, please. (Applause.) September 24, 2019 Page 12 CHAIRMAN McDANIEL: It's smudged. I don't want to be handing you a plaque that's not clean. There's that. There's that. Stay put, Randy. Somebody's taking a picture. You can step up, ma'am. Is that Missus? Oh, it's a girlfriend. Which one, Randy? MR. OCHS: Randy, let me tell the audience a little bit about what distinguishes your service here. Commissioners, Randy's been with our Wastewater Power Systems division since 2017. His knowledge and superior understanding of industry standards have introduced improvements across the Public Utilities Wastewater Division. He's taken on the role of a mentor to junior technicians, providing training and guidance both personally and professionally. One example of Randy's ability was during the acquisition recently of the Golden Gate Utilities when he took on the role of team leader. After the decision to convert 30 lift stations to the county standards, Randy developed methods to quickly overhaul and convert each site. He personally converted 15 of the 30 stations while still making himself available to assist and give technical guidance throughout the entire process. Randy's efforts were responsible for a savings of several thousand dollars for each station. Randy's earned the respect of both his team members and management. His efforts, pleasant attitude, and can-do spirit have saved the county tens of thousands of dollars since joining the power system's team. He's a great example of an employee who exceeds expectations every day. Commissioners, it's my honor to present Randy Lowe, your August 2019, Employee of the Month. Congratulations, Randy. (Applause.) MR. OCHS: Well, done. September 24, 2019 Page 13 CHAIRMAN McDANIEL: And last, but not least. Item #4 PROCLAMATION DESIGNATING SEPTEMBER 15 - OCTOBER 15, 2019 AS HISPANIC HERITAGE MONTH IN COLLIER COUNTY. ACCEPTED BY CARLOS RODRIQUEZ, COUNCIL OF HISPANIC BUSINESS PROFESSIONALS, CARMEN SALOME AND RAPHAEL LOPEZ, HISPANIC VOTES, AND MARILYN SAINZ, COLLIER CHAPTER OF THE NATIONAL ASSOCIATION OF HISPANIC REAL ESTATE PROFESSIONALS – ADOPTED MR. OCHS: Commissioners, we move to our proclamation this morning. It's Item 4A. It's a proclamation designating September 15th through October 15th, 2019, as Hispanic Heritage Month in Collier County. To be accepted this morning by Carlos Rodriguez, Council of Hispanic Business Professionals; Carmen Salome and Raphael Lopez, Hispanic Votes; and Marilyn Sainz, Collier Chapter of the National Association of Hispanic Real Estate Professionals. If you'd please step forward and receive your proclamation. CHAIRMAN McDANIEL: And I'd like to -- if you would please, I'd like to have Commissioner Solis read the proclamation, if you don't mind. MR. OCHS: Sure if you'd please step forward and come on up. CHAIRMAN McDANIEL: Yes. Come on up, folks. COMMISSIONER SOLIS: And the proclamation says: Whereas, for more than 150 years, our nation has observed National Hispanic Heritage Month celebrating how the spirit, energy, and leadership of those who trace their family background to Spain and September 24, 2019 Page 14 Latin American countries have been woven into the strength and posterity of America since even before its founding; Hispanic Americans continue to embody the pioneering spirit of America starting U.S. businesses at a pace 15 times the national average over the last decade; and, Whereas, Florida benefits from the vibrant traditions, ancestry, and unique experiences of Hispanic and Latino Americans as generations have served the Sunshine State as entrepreneurs, public servants, scholars, and artists; and, Whereas, we are especially grateful for the 1.2 million Hispanic American men and women who have served the call to serve in our Armed Forces, demonstrating loyalty, bravery, and dedication to duty as they defend liberty and advance democracy around the world; and, Whereas, accomplishments made by Hispanic Americans serve as an inspiration to all who seek freedom, opportunity, and a new beginning for themselves and their children; and, Whereas, together we recognize the Hispanic and Latino citizens of Collier County whose love of family, strong work ethic, and willingness to share their heritage and traditions have made our county a better place to live. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that September 15th through October 15th be designated as Hispanic Heritage Month in Collier County. (Applause.) CHAIRMAN McDANIEL: Those proclamation are all part of our board package, and we all read them, but oftentimes folks don't. So that's why I asked Commissioner Solis to read that proclamation. So here in the middle, please. MS. SALOME: We have some friends we'd like to bring up. September 24, 2019 Page 15 CHAIRMAN McDANIEL: Come on up, friends. If we'd have known you had that many friends, we'd have brought them all up at the beginning. MR. LOPEZ: Half of them couldn't make it. CHAIRMAN McDANIEL: Outstanding. (Applause.) CHAIRMAN McDANIEL: That's yours; that's the signed original. Item #5A PRESENTATION ON THE VETERANS COUNT CONDUCTED IN JULY BY THE WOUNDED WARRIORS OF COLLIER COUNTY - PRESENTED; COMMITMENT FROM CHAIRMAN AND BOARD REGARDING CHANGE IN THE NUMBER OF HOMELESS VETERANS IN COLLIER COUNTY MR. OCHS: Commissioners, we move to Item 5A this morning. This is a presentation on the Veterans Count conducted in July by The Wounded Warriors of Collier County. Mr. Dale Mullin will present this morning to the board. Good morning, sir. MR. MULLIN: Good morning. I want to first thank all of you for giving us the opportunity to update you on our results of our homeless veteran count. Before I start, I'd like to introduce myself. My name is Dale Mullin. I'm a Vietnam Veteran. I'm the president and founder of the Wounded Warriors of Collier County, and also I represent the veteran community on the ad hoc community in Collier County for mental health and addiction and look forward to seeing you and talking to you more about what we've been doing on the veteran's side at the October 28th workshop with the September 24, 2019 Page 16 commissioners. After I speak, I'm going to have a couple of other people speak behind me for just briefly, a couple minutes. See if we can get this thing working. I was privileged to initiate and lead a grass-roots movement back in July over a two-day period of time where we, as a mantra, said "Veterans Count 2019, no one left behind." And if you look at all the shirts in this room -- and I would ask -- while we not in getting any recognition award, I would certainly like everybody that participated in that count for two days in the hot sun to stand up. Many of them have their shirts on. Some don't. (Applause.) MR. MULLIN: If you notice, our commissioner, Mr. Solis, also participated in that count, and we thank you very much for helping to bring this to the public's attention. We had 65 volunteers show up. And if you look at the list also of all the organizations, there are 17 of them, if you can read that, that participated in the count. And this is truly, I think, an example of what our President Ronald Reagan said: There's no limit to the amount of good you can do if you don't care about who gets the credit. So I think by -- this really exemplifies a lot of folks coming together in this community for a common reason that really cared about our veterans. And 70 percent of the people that participated were veterans. We've located 48 in this county that were self-reported, identify themselves as a veteran, which was about the number that we expected going into the count, but after we got into the count, the estimate by those that are more involved in the community, particularly law enforcement, tell us the number's probably closer to 60 to 70 homeless veterans live in our county. September 24, 2019 Page 17 And I know those of you that sit in this room today, and for many of us, that is a real revelation that we have that many homeless veterans in Collier County. Back -- to give you a little bit background about why we did this count, back in -- over a year ago we met with David Lawrence Center, Mr. Scott Burgess, and then a subsequent meeting with Judge Martin to talk about what we were doing for our veterans on the mental-health side here in Collier County. The number-one issue that they shared with us that's really the number-one issue that they're faced with in helping to restore veterans' lives that are caught up in the system and treatment is there are no beds for them. Now, I can tell you, being a veteran, that was very painful for me to hear. And Judge Martin said to me in these very words -- she runs mental health -- three mental-health courts here in Collier County, one of them being the Veterans Treatment Court. She said to me that a lot of people talk about the need for homeless -- housing for homeless veterans, but nobody's doing anything about it. So I went home, and after about a couple days, I called her back and I said, we will take that charge. We will find beds for homeless veterans in this county. I met with the VA -- to give you a little bit more background, I met with the VA, and the VA said, well, the issue is that we -- and Collier County is recognized as a county that has eliminated homeless veterans in Collier County. You have none. I said, you've got to be kidding me. I said, I know of three veterans right now -- we haven't even done a count -- that we're providing housing to here in Collier County. So what -- I don't understand where you're getting these numbers. They said, well, you did a point-in-time count. And those of you that don't know a point-in-time count don't feel embarrassed September 24, 2019 Page 18 because I didn't either. And a point-in-time count's done all across the nation one time a year over a 24-hour period. It's done in January. And that count was done in January this past year in 2019. They located 11 homeless veterans, of which eight of -- or 11, of which three of them were in a shelter. Because of that number and follow-up with -- the VA followed up, they said, well, you don't have a problem. And, therefore, because you don't have a problem, you can't get grants and funding by the state and federal government HUD programs, vast (sic) programs because you don't have a homeless problem. So I immediately said, well, we've got to go out and count these veterans to prove to VA that we have homeless veterans in our county. So we went out and did a count. The count is not official in the sense of the HUD point-in-time count because they will only recognize it one time a year. And so we did the count, convinced everybody -- all these people in this room that you just -- that stood up that there are homeless veterans in this county, and that we're going to find a way to provide housing for them. Now, for us to get funding later on through the VA and state and federal government, we're going to be involved -- this same group with more will be involved in the point-in-time count that will take place in January, that we will get officially documented through the Hunger and Homeless Coalition of how many veterans we have here in Collier County. Now, in the meantime, these 48 veterans that we're talking about haven't been ignored. They're still on the radar. Three of them right now are in beds that Wounded Warriors of Collier County provides through Next Step, which is a recovery program here in this county. Three of them are in those beds. And I wanted to show you a statement of one of those September 24, 2019 Page 19 individuals that's in one of those beds right now. And I asked him to write me a note and tell me what this house and this home means to him. He was located in David -- not in David Lawrence but in St. Matt's House during the count. And just take a few seconds, and everyone in this room should read this, because I couldn't write it better. I did not change a word. The only thing I did was put quotes on it. And that individual is living in one of our homeless houses in Collier County. So just take a point in time and read that. One of the things that I would like to draw your attention to is he said I returned to the civilian world utterly clueless about how to become a civilian. Now, people think that every homeless veteran is a guy who just doesn't want to work and he's useless and he's just out there hanging out. I can tell you that these veterans we're talking about would not qualify to be on the Honor Flight because they're way too young. And many people in Collier County thinks this county is made up of nothing but senior World War II or Korean veterans. I'm a Vietnam veteran, but I can tell you many of these people sitting right here right now are current-day veterans that live in our county. And there are needs in this county because of PTSD and traumatic brain injury that's combat related that when these veterans come back and are trying to transition back into civilian life, they spiral downward. And because of that spiral downward, they end up getting into -- having issues with drugs, alcohol, get caught up in the court system, and we're going to provide a place for them to find a bed and house them here in this county. Now, as I said, I couldn't have written this statement any better. Most people don't know this, but in Collier County we have 28,000 veterans that live in Collier County, 13 -- which is 13 percent of the population. Forty percent of the veterans returning home from today's wars -- and this is a conservative estimate -- suffer from September 24, 2019 Page 20 PTSD and traumatic brain injuries. I won't go into the explanation of why that is happening more than it did in previous wars, but it is phenomenon that happens today. Twenty veterans a day die, commit suicide in our country. That's twice the rate of the civilian population. In Florida alone, 600 veterans a month or, excuse me, a year, are -- or month, excuse me. Six hundred veterans a month in Florida are committing suicide. Now, those are alarming numbers. Congressman Rooney just recently co-sponsored some legislation that allow charities, 401(k)s, local charities, as well as organizations to start providing mental-health care for veterans in this community, because it takes a community. VA can't do it. VA does not have the resources and the funding to do it unless we come together as communities to recognize there's a problem that these people and veterans that fight for our freedom, okay -- just think about that. They fight for our freedom. One percent of the population today goes and serves in the military; only 1 percent. That's why the other 99 percent of us really don't think much about them unless they're a family member or connected. So our purpose here today is to make everybody in this county aware that there are homeless veterans suffering from mental-health issues. They need treatment. They need wrap-around services. And I would say in closing that those that defend our freedom deserve a place to sleep and a bed in this county. (Applause.) MS. HAYES: Good morning. My name is Kim Hayes, and I'm the in-coming president of the Southwest Florida chapter of American Gold Star Mothers. I serve our state of Florida on behalf of that organization as chaplain. This is my daughter-in-law, Kiely. And the most shocking thing for us was that homeless veterans were not difficult to find in Naples. September 24, 2019 Page 21 Even worse is that I know there are more out there. In 2008, my son, Taylor, enlisted in the army in support of Operation Enduring Freedom. At the age of 19, he served a full combat tour in Afghanistan with the 82nd Airborne Division and returned to Fort Bragg. Taylor began to experience symptoms of PTSD as well as memory loss from traumatic brain injury. He was honorably discharged, but in a story too long to tell, he became homeless right here in Naples. Taylor wanted a simple life, to work hard, to have dignity and self-respect. He didn't want any handouts. He loved his wife Kiely and their two little girls with his whole soul, but on August 1st, 2016, my son, Specialist Steven Taylor Hayes, died of an accidental overdose just miles from our home off of Logan. He was 25. This count was emotional for us because my son's widow was on my team. We envisioned the places Taylor might have gone and often found homeless veterans there in those places. We have a very strong faith, but our lives have changed forever. Taylor's daughters are now six and nine, and there's just no words when they run through Sarasota National Cemetery to take flowers and notes to their dad. We don't want any other family to experience this nightmare. Helping these veterans with transitional housing and supportive services is not only life-changing, it's lifesaving. After just a two-day count by our group of amateurs, it's clear that Collier County has a problem with veteran homelessness. What will define us, what will define our county, is what we do about it. CHAIRMAN McDANIEL: Amen. (Applause.) MR. ELLIOT: Good morning. My name's Carter Elliot. I'm going to apologize because I'm going to get choked up. This is September 24, 2019 Page 22 something I'm extremely passionate about. I'm a Marine veteran with over a thousand days in combat between Iraq and Afghanistan. I'm truly grateful for the opportunity to get up here and speak today mostly because, following Kim, really -- that could be -- my mom could be up here in my place, right, saying, my son was suffering from invisible wounds of war and ended up dead because he lost hope. I'm thankful that I was able to find the help that I needed and had an incredible support system that most veterans don't have. As a member of the Collier County Veterans Count Committee, I sat in the meetings with Dale and many other folks and listened to people discuss these homeless camps that had veterans in them within Collier County. And I've lived here for the past five years and, to be honest, I was like, yeah, right, it can't be quite like that. So the first day of the camp -- of the count I went out to a bunch of camps. And I'm going to tell you, it was life-changing. It was life-changing for several reasons, but mostly because I got inspired. I got inspired watching Kim and Kiely go out to places that they searched for Taylor. I could only imagine how challenging that was, and they did it with a smile. They did it with lots of effort. They were there at 5:00 in the morning, didn't complain one time, because they wanted to make a difference. That night I went home and I found myself thankful for all the wonderful support I had and how far I had really come. The truth is, is that had I given up, I would have been homeless. I would have been without shelter. I would have been without support, and I would have been without hope. Driving through this county will never be the same for me. Every wooded area I see, I can't help but think, there's a veteran living in those woods and that's home, a veteran much like me. There's 45 of them. And each one of these flags represents those 45 September 24, 2019 Page 23 veterans that we found living in the woods that have no shelter, no support, and no hope. (Applause.) CHAIRMAN McDANIEL: Commissioner Solis, you were part of that. I would -- if you would, please. COMMISSIONER SOLIS: I was. And thank you all for being here, and doing -- for doing what you did. I did participate in the count, and it was an eye-opening event for me as well. You know, to find veterans living in preserve areas was -- it was shocking. I, like the last speaker, would not have thought that that was something that would happen in Collier County. And it was an eye-opener for me. I'm thankful that Dale is serving on the ad hoc committee, the mental-health committee, because he has brought, I think, some awareness to the unique issues that veterans deal with that civilians don't. And I think how we're approaching the strategic plan for the county is going to reflect that. One of the things that's been added specifically was a provision about our veterans because they have to deal with things that don't arise in civilian life. I think that's -- thank you for that. Just as an example of how difficult these issues are, when I began this kind of initiative on mental health, one of the things we did is we gave away an award to Carlos Ruiz. I don't know if anybody remembers that. CHAIRMAN McDANIEL: I remember it. COMMISSIONER SOLIS: The Against All Odds award. He recently took his life. So this is an issue that doesn't go away. No matter how long I think our veterans work with them, some of these are permanent injuries that, you know, they need help overcoming. So thank you for what you're doing and for bringing attention to this very serious issue that we have. September 24, 2019 Page 24 (Applause.) MR. MULLIN: Thank you. CHAIRMAN McDANIEL: Commissioner Solis, I want to thank you as well for participating in the count and for helping with our mental-wellness plan. I mean, that's imperative for the community at large. In all of our travels and what we're doing, at the end of the day it boils down to revenue sources in order to assist and offer assistance to those that are suffering. And without that -- I'll get you. Without that -- I have you lit up. Without that -- without that mental-wellness plan, we're handcuffed. Commissioner Saunders. COMMISSIONER SAUNDERS: I just wanted to mention one thing. This board and the public are very much supportive of developing a veterans nursing home here in Collier County. We have -- and this board has been totally supportive of that. We have $30 million in our sales tax ballot initiative that was approved by the voters for a veterans nursing home. This Commission authorized the acquisition of property for -- one of the purposes of that property may very well be for the placement of a veterans nursing home. So we have money, we have land, and we now need to get the governor of Florida to get behind this. So the Commission will be sending someone to Tallahassee; it will probably be me. But one of us will go to Tallahassee to meet with the governor and the Department of Veterans Affairs. And I'd like for someone from your organization to attend a meeting like that to let the governor know that not only do we have 20 -- I think you said 28,000 veterans in Collier County, which puts us really at the top of the list in terms of communities that qualify for a veterans nursing home, but the fact that we have somewhere between 60 and 70 homeless veterans, I think, would go a long way. So I'll be reaching out to you. If you could leave your name and September 24, 2019 Page 25 phone number with the Manager, then I'll be reaching out to you for that purpose. But I think if we can build a facility like that, that may help to some extent. It certainly will help a lot of veterans, maybe help some of the homeless ones as well. So I just want you to know and the veterans to know that this commission is fully supportive of your effort. MR. MULLIN: That's great. Thank you. CHAIRMAN McDANIEL: Absolutely. (Applause.) MR. OCHS: Mr. Chairman, we move on to Item 6A. CHAIRMAN McDANIEL: Can we not go on for a second? I just -- I just -- I would -- if I can have support of my colleagues -- and, remember, this isn't a dictatorship, which I get reminded of on a regular basis, but I would like to see a substantive change in that count of available beds before the end of the year. I don't see a -- I know we just adopted our budget, and it starts on October 1st and everything's carved in stone, but Mr. Isackson is not here right now, but I would like to -- if I could receive support of my colleagues, I would like to make a commitment to shift that wave. It saddens me that the known need is there and 45 homeless veterans are found, and we don't have a place to put them. So I -- without specificity, without a commitment, I just would like to make a promise that we're going to make a shift in that wave. If I could have support -- (Applause.) CHAIRMAN McDANIEL: I have five head nods up here, and it's as much as we can do without a publicly advertised vote along those lines, but it's an absolute travesty that we're actually having this discussion, as wealthy as this community is. For us to sit around and argue about the money that we, in fact, have and don't have and where we spend it and have that September 24, 2019 Page 26 conversation, I don't want to do it again. Got it? (Applause.) CHAIRMAN McDANIEL: Now you can go on. MR. OCHS: Thank you. Mr. Chairman, I failed to ask for a motion to approve today's proclamation. If I could get that, please. COMMISSIONER FIALA: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that the proclamation today be accepted. 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. MR. OCHS: Thank you, sir. Item #6A PUBLIC PETITION FROM MS. PATRICIA HOLLEY, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE BANNING THE RETAIL SALE OF DOGS AND CATS, REQUIRING RETAILERS TO OFFER DOGS AND CATS FOR ADOPTION FROM LOCAL, RECOGNIZED SHELTERS AND RESCUE ORGANIZATIONS - PRESENTED; MOTION TO BRING BACK FOR FURTHER September 24, 2019 Page 27 CONSIDERATION AT THE OCTOBER 22ND BCC MEETING AT A TIME CERTAIN – APPROVED MR. OCHS: Item 6A is a public petition request from Ms. Patricia Holley requesting that the Board of County Commissioners adopt an ordinance banning the retail sale of dogs and cats, requiring retailers to offer dogs and cats for adoption from local recognized shelters and rescue organizations. CHAIRMAN McDANIEL: Pick a podium. UNIDENTIFIED SPEAKER: PowerPoint here. Where do I give these? To the Clerk? It's for you. CHAIRMAN McDANIEL: You can give them to our stenographer there. COMMISSIONER TAYLOR: We need to see them. CHAIRMAN McDANIEL: Do we have any public speakers registered here today, Troy? MR. MILLER: We do not take public speakers for public petition, sir. CHAIRMAN McDANIEL: I understand. MR. MILLER: I had a couple requests, but I informed them -- CHAIRMAN McDANIEL: I wanted to share that; that is a petition for an item that's not currently on our agenda, and we will hear the petition. We will not hear public speakers with regard to this unless my colleagues and I decide to have another publicly advertised meeting and bring it back at a date and time that everyone's aware of. So I just -- time will tell. MR. OCHS: Mr. Chairman, under your rules, the speaker has up to 10 minutes to present their petition. CHAIRMAN McDANIEL: And there -- and so -- MS. HOLLEY: Good morning. I am Patricia Holley, a 20-year Collier County voter and taxpayer. September 24, 2019 Page 28 I want to thank you for allowing me to speak here to you-all today. It is my hope this presentation will educate the Commission and the public on why it is not okay to buy puppies in a pet store. Please do not -- please know that we will welcome pet stores to Collier County. We do not, however, welcome the sale of puppies and kittens in stores. What is a puppy mill? A commercial dog breeding facility that disregards the health and well-being of dogs in order to maintain low overhead and maximize profits. Puppy mill to pet store pipeline. Puppies are born in cruel and unsanitary conditions then sent to a broker who works with puppy mill retail outlets. Buyers are misled, and money allows the cycle to continue. USDA licensed breeders. There is no cap on the number of dogs; cages only have to be six inches longer than the dog; minimum food, water, and vet care; exercise and socialization are not required by law. Ninety-nine percent of all pet stores that sell puppies sell puppy-mill puppies. USDA license does not guarantee a humane breeder any more than a driver's license guarantees a good driver. Responsible breeders do not sell to pet stores. Humane Society of the United States puppy buyer complaints 2007 to 2017. Florida has the largest number of pet retailers in the U.S., and we also have the highest number of sick puppy complaints. Campylobacter. One hundred eighteen people knowingly infected by the disease across the 18 states; 21 reported cases of people affected in Florida. Petland was at the center of the antibiotic resistant Campylobacter outbreak. Twenty-five of the ill people were Petland employees. CDC said outbreak was so serious because the Campylobacter bacteria involved were resistant to commonly September 24, 2019 Page 29 recommended first-line antibiotics. Teen Petland employee infected with Campylobacter. Katie worked at Petland and sold puppies to customers and was responsible for cleaning kennels. January 2018 she fell ill with a fever of 104 degrees and was rushed to urgent care. She spent four days at the hospital and was diagnosed with Campylobacter. The first known Campylobacter case came from an Orlando Petland. The CDC will not release the locations of all Petlands who had cases, but from consumers and employee testimony, we know cases were also diagnosed from two Broward County locations and one in Miami. Although Petland was the center of the Campylobacter outbreak, another case was documented by the Indian River County Board of Health from a store called Pets Around the World. Pets Around the World sold Iona Wilson a sick maltipoo puppy in August of 2018. The puppy had a bacterial infection known as Campylobacter. Wilson's daughter, Christine Parent, a nurse, became sick after taking care of the puppy one weekend and has amassed over $10,000 in medical bills. Campylobacter is still found in pet stores. The most recent case was just last week. You cannot prevent this bacterial infection, and you won't know you have it until you end up in a hospital. This is a liability for our county and our taxpayers. Four doors down from this new pet store is a Chuck E. Cheese. It is no accident this store has chosen this location to open. Hundreds of children will walk by the store and see that cute puppy in the window and beg Mom to let them go and play with one. All it takes is for one of these children to end up sick in the hospital for us to say we could have stopped this and did not. This is not just about puppy mills. This is the safety of our children. This business model is successful because they rely on September 24, 2019 Page 30 impulsive purchases. Complaints of $5,000 sick or dead puppies, veterinarian bills unpaid, on-site financing of 20.99 percent credit cards is a corporate business model. PetCo, PetSmart, and Pet Supermarket no longer sell puppies. Our local stores such as Pet Supply Plus, Goodness for Pets, Naples Dog Center, Earthwise Pet Supply, Wholesale Hound also do not sell puppies and are successful. Out of the top 25 most successful pet retailers, Petland is the only one still selling puppies. This ordinance will also help to support the lifesaving programs Collier County residents have worked so hard to implement such as Snip Collier, Humane Society of Naples, Naples Cat Alliance, DAS, and too many others to list. There have been 68 ordinances passed statewide, including the following counties: Indian River, Sarasota, Seminole, Marion, DeSoto, and other county ordinances currently pending. May I ask today on behalf of many Collier County residents, to please move this forward as an agenda item. It is democratic to allow the voters and taxpayers to have the opportunity to speak about this most important issue. We would like to see an ordinance on the October agenda. At the last meeting, Domestic Animal Service Advisory Board voted and unanimously passed an ordinance which would ban the sale of puppies and kittens in stores. There are residents who wanted to speak today but could not due to county procedure. Please give them the opportunity to voice their opinions and concerns. There are over 50 comments in support of this on the county Facebook page, which has been submitted to you today. The law has -- this law has been challenged numerous times and upheld by the courts. It is our understanding the County Attorney believes the ordinance to be legal, constitutional, and enforceable, but the decision lies solely in the hands of the Commission to change September 24, 2019 Page 31 policy. I would like to ask this commission: Is it a better defense that in light of health, safety, and welfare concern to defend a constitutional ordinance protecting your constituents, or is it better to defend a case of Campylobacter when someone's child has been hospitalized, even though the county had legal standing which could have prevented it? Thank you again for giving me the opportunity to speak to all of you today, and I hope we will move forward with an agenda item to discuss this further. I have a closing comment after a two-minute video I would like to play. (Video was played.) MS. HOLLEY: My request today is on behalf of many Collier County residents. Can you please move this forward as an agenda item at the next meeting in October? CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I would support that. I have used specific veterinary services for as long as I've been in Naples, frankly. So it's about 30 years, and have seen firsthand the breeding puppies' mothers that are brought in that are need to be adopted because they've been rescued, primarily from the East Coast, and it would sicken you. It would sicken you to see the condition of these dogs that are just bred and bred and bred, and so I can't imagine their offspring and what goes on there. I don't object to people selling dogs at all. I do object to the abuse that I witnessed firsthand. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER TAYLOR: I'm not saying it's Petland but, clearly, the threat of this bacteria disease is a real threat. And so I would support this being brought back to the Commission, September 24, 2019 Page 32 and I would like to see if there was support, because I'd like to make a motion to that. CHAIRMAN McDANIEL: Let's have a little discussion, and then we'll go. Commissioner Saunders. COMMISSIONER SAUNDERS: I have a comment. I also have a question for the County Attorney. I did meet with the Petland folks and Terry Miller, I think, who's done some work for them. I don't know if they're here. CHAIRMAN McDANIEL: They are not. COMMISSIONER SAUNDERS: But I did meet with them yesterday. And, you know, obviously you get two sides of a story. From their side of the story, everything looks really clean, and the animals like look they're well taken care of. So I went back and did a little search myself, saw some of the video that the Humane Society has put out, some of those videos, and came away convinced that maybe there is a problem here. I don't know anything about these pet stores, but I think it's worthwhile for us to have that conversation concerning what we can do. And so I will second a motion to do that. But the question I have for the County Attorney is, we have Petland with a location getting ready to open up, from what I understand. So I don't know that there's anything we could do in reference to that. So that's kind of a question. Are we -- is the horse out of the barn, so to speak, on this issue? MR. KLATZKOW: No. No, if you want to pass an ordinance -- (Applause.) CHAIRMAN McDANIEL: Please, please. MR. KLATZKOW: If you would like to pass an ordinance that bars the retail sale of dogs and cats, I can give you one that's been September 24, 2019 Page 33 judicially challenged and approved by the courts. CHAIRMAN McDANIEL: Understand this, ladies and gentlemen, this is a highly politicized, extremely emotional subject matter, and outbursts such like that cannot happen. We need to pragmatically move through this process. I don't think there's a person in this room that would tolerate abuse to an animal on any particular basis. Now, to call out a particular business or an item along those lines, as Commissioner Saunders has said, needs to be discussed pragmatically with as little emotion as possible. Commissioner Saunders, continue please. COMMISSIONER SAUNDERS: And to kind of wrap up, there are two different approaches to this particular issue. One is the issue of potentially banning the sale of dogs in pet stores. The other is to regulate the retail sale of pets. And so I want to -- I received a copy of an ordinance from Petland. I'll give that to the County Attorney. I'd like for the County Attorney to take a look at both of those ordinances, this one that regulates these facilities, and the one that he's talking about that bans them so that we'll have opportunity discuss which direction we want to go in. But I do -- when you take a look at these videos, it is shocking but, like I said, there's two sides to a story, and we need to hear both sides. CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: So I'll second the motion, if there is one made, to bring this back for consideration of one or -- one or both, not -- I guess it wouldn't be both. But one of these alternative ways to regulate the industry. CHAIRMAN McDANIEL: My only concern -- and I don't -- I'm going to jump ahead of you because I -- and my only concern is September 24, 2019 Page 34 dictating that it happen at our next meeting. I would like to confer with staff, because we have an enormous amount of issues that are transpiring in our community, and dictating that it come back at the next meeting is a concern. I want to bring it back. And, again, remember, I want this to come back, but dictating that it come back at our next meeting is a concern for mine -- for me. COMMISSIONER SAUNDERS: I would agree that it may take a little time for the County Attorney, but whenever it's ready to come back. MR. KLATZKOW: I could have it back at the next meeting but, again, as Commissioner McDaniel said, we've got a number of very important land-use items coming through. My guess is that this item, based on what I'm seeing here, is probably going to take at least an hour to get through between public comment and -- MS. HOLLEY: There is a permit already out there. We need to work on this immediately. MR. KLATZKOW: I would defer to the County Manager working with the -- CHAIRMAN McDANIEL: I was looking at him when I said my statement, so... MR. KLATZKOW: -- working with the Chair. MR. OCHS: The question is -- we'll bring it back -- CHAIRMAN McDANIEL: I'm concerned about dictating that it come back at our next scheduled meeting. Is there a sufficient amount of time to conduct the business for us to review these ordinances and have an open public process on this? MR. OCHS: Well -- CHAIRMAN McDANIEL: Soon, yes, but dictating it at our next -- this is a new -- this is not new, but this is something that's going to take some time. September 24, 2019 Page 35 MR. OCHS: Well, Commissioners, that's the pleasure of the Board, obviously. I mean, we're here working for you and the public. If you want to have an all-day meeting or all-night meeting, certainly, we can put it on the next agenda. If you want to try to manage your day a little bit better, maybe the second meeting in October would be a better -- would be a better date. CHAIRMAN McDANIEL: That's the reason I was asking. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Commissioner Taylor, make your motion. COMMISSIONER TAYLOR: I do have a question of the County Attorney. If there is a permit out there, if we delay it for another two weeks, is that going to be problematic? MR. KLATZKOW: No. COMMISSIONER TAYLOR: Okay, good. So then I'd like to make a motion that at our earliest convenience and -- COMMISSIONER FIALA: You're making a motion? I'm on the board. COMMISSIONER TAYLOR: He asked me to do it. CHAIRMAN McDANIEL: She didn't really make a motion. She wanted to; making sure she had consensus before she did, and Commission Saunders seconded her non-motion, which she's about to make. COMMISSIONER TAYLOR: Let's bring them back; that's my motion. Let's bring it back for a hearing. CHAIRMAN McDANIEL: It's been moved and seconded, Commissioner Saunders, that we bring it back for a formal hearing at our earliest convenience. COMMISSIONER TAYLOR: Which is no later than the second meeting in October. MS. HOLLEY: Thank you. September 24, 2019 Page 36 MR. OCHS: Just clarity, sir. To provide for two alternatives for the Board's consideration? MR. KLATZKOW: I'll prepare an executive summary for the Board. Commissioner Saunders just gave me a different approach to it. And I'll bring both approaches to the Board and -- CHAIRMAN McDANIEL: We'll have a discussion. MR. KLATZKOW: We'll have a discussion. CHAIRMAN McDANIEL: And it will be at a date and time advertised and time-certain so that folks will know when we're going to do it. Now, be wary when we do time-certains. They often say "not before 1:00," and then it might be 4:00, so... COMMISSIONER TAYLOR: So a question to our speaker: Are we talking about banning the sale of -- retail sale of dogs? MS. HOLLEY: Yes. COMMISSIONER TAYLOR: And pets, not just puppies. CHAIRMAN McDANIEL: That's what she's asking. But we're having a hearing with regard to this -- MS. HOLLEY: It's puppies and kittens. CHAIRMAN McDANIEL: -- in its entirety. COMMISSIONER TAYLOR: Puppies and kittens. So that's what we're talking about. Not mature dogs? MS. HOLLEY: No. We were allowing that shelters and rescues can go into these stores. Just no retail sales in the pet stores for profit. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Do you have a question, Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just want to ask the County Manager, can we make sure that we have somebody here to talk to us, whenever this meeting is scheduled, about regulatory issues and also monitoring. So, you know, say, for instance, this place opens up, September 24, 2019 Page 37 is there somebody that could go regularly in there, like once a week, to check the health of the animals and the cleanliness of the place and so forth so -- CHAIRMAN McDANIEL: We'll have all that when we come back. COMMISSIONER FIALA: Well, I just wanted to ask him to make sure that we do. MR. OCHS: Commissioner, we'll make sure we have staff there to address those issues. COMMISSIONER FIALA: Good. So we get all sides of the picture. Thank you. CHAIRMAN McDANIEL: Sure. Absolutely. That's the goal. So it's been moved and seconded that we bring this back no later than our second meeting in October at our earliest convenience, if at all possible on the first meeting. 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. There you go. MS. HOLLEY: Thank you. (Applause.) Item #10A RESOLUTION 2019-181: INTERVIEWING AN APPLICANT FOR September 24, 2019 Page 38 A VACANCY ON THE COLLIER COUNTY PLANNING COMMISSION - MOTION TO RE-APPOINT JOE SCHMIDT TO THE COLLIER COUNTY PLANNING COMMISSION – ADOPTED MR. OCHS: Mr. Chairman, that takes us -- sir, we're moving to Item 10A that was scheduled to be heard at 9:50. This is a recommendation -- excuse me -- to interview an applicant for vacancy on the Collier County Planning Commission. Mr. Schmitt is available, I believe, this morning, for that purpose. CHAIRMAN McDANIEL: I don't think he's here. COMMISSIONER TAYLOR: He's here. MR. OCHS: Good morning, Joe. MR. SCHMITT: Good morning, Commissioners. CHAIRMAN McDANIEL: Good morning, sir. MR. SCHMITT: I'm here to answer your questions. CHAIRMAN McDANIEL: I'd like to make a motion that we approve Mr. Schmitt's reappointment back to the Planning Commission, and though we don't owe an apology, Mr. Schmitt is a vet. He does an enormous amount of government contract work, and if he has to miss a meeting once in a while, so be it. Thank you for your service, sir. COMMISSIONER FIALA: Second your motion. MR. SCHMITT: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders, discussion. COMMISSIONER SAUNDERS: Well, just real quickly, because the reason we wanted you to be here was to make sure -- no question about your capability or any of that. I mean, that's never an issue. COMMISSIONER TAYLOR: Highly valued. September 24, 2019 Page 39 COMMISSIONER SAUNDERS: The issue is whether or not you're going to be able to attend meetings. And if you -- do you have an estimate of -- I know that's a difficult question, but I think they have -- I don't know if the Planning Commission has 11 meetings a year or 12 meetings a year. COMMISSIONER TAYLOR: Twenty-four. MR. SCHMITT: Twenty-four at least. COMMISSIONER SAUNDERS: Is it? MR. SCHMITT: Twenty-four, at least, meetings plus evening meetings for LDC hearings. So it could be almost 30 meetings a year. COMMISSIONER SAUNDERS: The only question is, with your busy schedule, will you be able to make at least a majority of those meetings? MR. SCHMITT: Absolutely. I mean, I've made them in the past. Now, just so the Board understands, as you all know, I spent a year in Afghanistan running a program -- CHAIRMAN McDANIEL: Right. MR. SCHMITT: -- for the Department of Defense; 2010 and '11 I built and operated 42 bases for the U.S. Forces, had a staff of about 16,000; $1.2 billion program which I managed for DOD. I basically became a subject-matter expert in regards to operations in Afghanistan and Iraq. Typically, I got called back by the same defense contractor to do work to provide advice on supporting operations in Afghanistan and in Iraq for both the Department of Defense and for the state department. And, of course, that's a paid position. As I'm a -- the Planning Commission's a volunteer position. But those are on call. I can't tell you if they'll call me in December. It depends on programs and deployments and other things that are happening. I do have some personal travel scheduled. But my commitment September 24, 2019 Page 40 is to support the Planning Commission. I feel I want to give back to the community. I'm 30-year retired military, retired as an army colonel and, of course, I retired from the county staff, and I just believe this is my opportunity to give back to the community. COMMISSIONER SAUNDERS: I'll second the motion. COMMISSIONER FIALA: No, I already seconded. COMMISSIONER SAUNDERS: Then I'll unsecond my -- or remove my second. But I just wanted to hear that comment, because that's why we asked you to be here. MR. SCHMITT: Okay. COMMISSIONER SAUNDERS: Thank you very much. MR. SCHMITT: Thank you. COMMISSIONER SAUNDERS: And thank you for your service. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: No. I just wanted to thank you for being willing to make that big of a commitment as well. I, frankly -- I didn't understand what your role was and what you were doing for the military, and so that helps me understand a lot more what your obligations are and, certainly, they're not obligations that we would expect you not to fulfill because it's -- I mean, you're serving the country. So -- and a special thank you for spending the time on the Planning Commission with your understanding of the Land Development Code and the whole process, having run that for the county, thank you for being willing to make that kind of a commitment -- MR. SCHMITT: Thank you. COMMISSIONER SOLIS: -- on top of what you're already doing. So I'm going to support the motion as well. MR. SCHMITT: I do want to add, I do serve as the Planning September 24, 2019 Page 41 Commission advisor on the Affordable Housing, which I've been on for almost three years, and I've not been able to find a replacement from the Planning Commission to serve on that committee. That has been problematic, because I've missed meetings as well with the -- COMMISSIONER SOLIS: With the Affordable Housing. MR. SCHMITT: For the Affordable Housing. But, again, when I first joined that, Mr. Strain was on that committee as well, and he had served, and I said, no, I would then -- since I was on the Planning Commission, I would serve on that committee. And I owe it to that committee to find another person from the Planning Commission, and we'll work on that. COMMISSIONER SOLIS: We'll need to do that, sure. MR. SCHMITT: Thank you. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: I just have an idea. And maybe we could find an alternate. I realize that you're specialized in this particular area, and it's a special appointment on the Planning Commission because you guys handle the environmental issues. MR. SCHMITT: Yes. COMMISSIONER FIALA: And -- but possibly we could have an alternate on the days that you can't make it, they could fill in for you, if we could find somebody like that. I don't know. MR. SCHMITT: Well, essentially, we have alternates. There's seven of us on the Planning Commission. It only requires five for a quorum; seven, eight? CHAIRMAN McDANIEL: Correct. And how many -- MR. SCHMITT: Seven. CHAIRMAN McDANIEL: And how many times have we ever -- MR. SCHMITT: And so, essentially -- and every time I miss, I coordinate with the chair to make sure we have a quorum. I don't September 24, 2019 Page 42 believe anytime that I missed that it caused them to cancel a meeting. COMMISSIONER FIALA: Okay. You just don't want it to end up in an even vote, 3-3, if you're gone, because that could be problematic. MR. SCHMITT: Because Mr. Chrzanowski also serves as the advisor as well on advising on watershed and environmental issues. COMMISSIONER FIALA: Yeah, you're outstanding. Everybody agrees with that, you know. We just hate to see you not be with us and, yet, we don't want you to leave that job that is so terribly important to our -- MR. SCHMITT: You understand, I mean, we're really going through the nuts and bolts to make your job easier, and you know some of those meetings are pretty painful. COMMISSIONER TAYLOR: That's right. MR. SCHMITT: The last meeting had, I believe, 1,700 pages to review for the last meeting. CHAIRMAN McDANIEL: That was half of ours. So there you are. And with that -- and I want to say, Mr. Schmitt, thank you again for your service. MR. SCHMITT: Thank you. CHAIRMAN McDANIEL: Sir, thank you for your service on all levels, all the way across the board. It would have been my vote to not even have you come back today so -- but I appreciate you coming and answering our questions. It's been moved and seconded that we reappoint Mr. Schmitt to our Planning Commission. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. September 24, 2019 Page 43 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Did you notice that I didn't call for any other discussion? Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that takes us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, I have two registered speakers today on public comment. Your first speaker is Rae Ann Burton. She'll be followed by James Dorsey. CHAIRMAN McDANIEL: As Ms. Burton -- Ms. Burton coming to the podium -- is she still here? Yeah, she's digging around. Each of these public speakers is entitled to three minutes. There is a clock on a podium that has lights as we go. Green is go; yellow is you've got 30 seconds; red is over. COMMISSIONER FIALA: You're out of here. CHAIRMAN McDANIEL: Right. And I might cut Rae Ann off short. I don't know. I do have that authority. Oh, she brought raisins so I'll let her go. MS. BURTON: Energy for you guys. CHAIRMAN McDANIEL: Outstanding. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton. Golden Gate's Rural Estates, in case you forgot. Issue today: Golden Gate Land Trust Committee. It needs to continue. Please do not eliminate this committee. It's the watch dog September 24, 2019 Page 44 for the rural Estates. It fights to preserve the area's rural character as defined by large wooded lots, keeping of livestock, growing crops, and enjoying wildlife without dangerous wildlife encounters. The environmental stewardship, low-density residential development with commercial and conditional uses limited. That information is Goal 1 of the staff proposed draft amendment for rural Golden Gate Estates on today's agenda. Florida's unique environment's disappearing, and people and animals are losing habitat. Please put some constraints on the growth. Golden Gate Estates is a wealth of wildlife which is quickly disappearing. I'd rather see the animals and birds in my backyard than have to go to a zoo. What will be left for the future generations? Wall to wall houses? Two to four lanes of traffic to cross just to make a right or left turn, or drive two or more miles just to go to the opposite side because of traffic medians. Will they hear the songbirds? Let alone see them or hear traffic noises, sirens, and the maddening hum of transformers. Will they be able to walk or ride a bike because there's no longer any green spaces? Why do you think those that live in city come to Florida? They come to get away from the hassles of congested cities. What is marketed for tourist? The multiple spaghetti roads, the crowded housing, or the lush palm trees, the beaches and sunsets? Keep destroying the environment and building without the control; the sunsets will be blocked from view and traffic so heavy you can't get to the beaches or have to drive 45 minutes to go 20 miles. Too much growth creates issues for flooding, increased traffic, and destroys the rural way of life. We are told the roads are failing. Could it be the increased auto traffic created by dense housing developments? September 24, 2019 Page 45 Please protect and preserve the valuable natural resources within Golden Gate Estates. The endangered panthers and bears and other small wildlife are losing their lives on manmade roads or because they become a nuisance. Burrowing owls are being poisoned by rat bait. Baby sea turtles can't find the sea because of security lights. How many gopher turtles and burrowing animals have been buried by the developers all in the name of progress? So please leave rural Golden Gate Estates the one committee, Golden Gate Land Trust, which has the concerns of its residents, environment, and wildlife. Thank you. MR. MILLER: Your next speaker is James Dorsey, and he is your final speaker under public comment. CHAIRMAN McDANIEL: You can leave that with Terri if you want to, the raisins. She'll make sure we get them dispersed. Any kind of sustenance, I'm in. MS. BURTON: I saw the agenda. MR. DORSEY: Good morning. My name is James Dorsey. I live on Santa Barbara Boulevard for the past 30 years. During the past 17 years, the county has proposed numerous improvements to Santa Barbara Boulevard. It started with taking 72 feet of my property to install a six-lane highway with bikeways and sidewalks. The latest version calls for a sidewalk on just one side of the road. Printed on these plans are the words "the hedge to be removed," yet the county refuses to honor our Fifth Amendment of our constitution that says private property shall not be taken without a just compensation. Your failure to provide this compensation for the loss of my property will result in the appropriate legal action. I do not understand why you ignore our Fifth Amendment. Thank you. September 24, 2019 Page 46 MR. MILLER: And that is all the public comment we had today. Thank you. CHAIRMAN McDANIEL: Okay. MR. OCHS: Mr. Chairman, would you like to take your 10-minute break prior to the start of this next public hearing item, or do you want to take it -- CHAIRMAN McDANIEL: I'll just ask our worthy court reporter. How do you feel about it? Do you want to take a 10-minute break now? Actually, we'll give you 12. We will come back at 10:30 for the beginning of the next hearing. MR. OCHS: Thank you. (A brief recess was had from 10:18 a.m. to 10:30 a.m.) MR. OCHS: Ladies and gentlemen, if you'd please take your seat and come to order. Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Oh, good. Item #9A ORDINANCE 2019-21: SINGLE 2018 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENT SPECIFIC TO THE LIVINGSTON ROAD/VETERANS MEMORIAL BOULEVARD EAST RESIDENTIAL SUB-DISTRICT PETITION – MOTION TO ADOPT BASED UPON APPROVED LANGUAGE AND COMMITMENTS – ADOPTED Item #9B ORDINANCE 2019-22: AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE September 24, 2019 Page 47 COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT, PART OF WHICH IS WITHIN A SPECIAL TREATMENT (ST) OVERLAY, AND A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) KNOWN AS THE DELLA ROSA RPUD, PART OF WHICH IS WITHIN A SPECIAL TREATMENT (ST) OVERLAY, TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE ALLURA RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 304 MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF VETERANS- MEMORIAL BOULEVARD, JUST EAST OF LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF 35.92± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 07-73; AND BY PROVIDING FOR AN EFFECTIVE DATE - MOTION TO ADOPT BASED UPON THE APPROVED LANGUAGE AND COMMITMENTS – ADOPTED MR. OCHS: Commissioners, we move now to Item 9A and 9B on your advertised public hearing agenda. Item 9A is a recommendation to approve an ordinance adopting the single 2018 cycle one Growth Management Plan amendment specific to the Livingston Road/Veterans Memorial Boulevard East residential subdistrict petition, and that will be an adoption hearing. We will also hear, in conjunction with this item, the companion Item 9B. And this item requires that ex parte disclosure be provided September 24, 2019 Page 48 by commission members, and participants are required to be sworn in. This is a recommendation to adopt an ordinance which establishes the comprehensive zoning regulations for the unincorporated area of the county by amending and changing the zoning classification of the real property from a rural agricultural zoning district, part of which is within a special treatment overlay, and a residential Planned Unit Development known as the Della Rosa RPUD, part of which is within a special treatment overlay, to a residential Planned Unit Development zoning district for the project known as the Allura RPUD. MR. MILLER: And, Mr. Chairman, we have 23 registered speakers for this item. CHAIRMAN McDANIEL: Outstanding. And let's do the ex parte first. Commissioner Solis. COMMISSIONER SOLIS: Yes. I had meetings with representatives from Barrington Cove, Mediterra, and The Strand; I received lots of calls, letters, emails; from potential neighbors; and I've met also with Mr. Mulhere, Mr. Yovanovich, Mr. Stock, and Mr. Gelder. I also met with Mr. Pritt. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Well, I can ditto that same stuff. CHAIRMAN McDANIEL: Perfect. COMMISSIONER FIALA: On top of which then I spent an afternoon with a friend and went over to see the Allura property. I also went over to see the Inspira property, because I wanted to see how that was doing and how it's -- now, it's a higher -- you know, it's a rental property. They've got -- they're 80 percent rented and -- which said something, and this is in the summer, so that's even better, and -- 80 percent rented, and the property looks great. The people September 24, 2019 Page 49 next door -- I'm sorry to go on, but I'm going to just say this now. The people in the next property over from the Inspira, if you remember, we all -- we were all here when they fought it bitterly. CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: And it would prevent them from getting in and out of their properties. You know, it would devalue their homes, et cetera, et cetera, et cetera. And after they built it, we haven't had any complaints at all. We haven't really had a problem, so I thought that was interesting. I didn't expect that outcome, but I just wanted to tell you that was that. So along with everybody else that you just mentioned and I mentioned also -- or I met with as well, and I've got multiple emails, and also I talked with three of the Planning Commissioners, so... CHAIRMAN McDANIEL: Very good. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Ex parte very much similar to what's been testified to here. My packet is that brown folder on the court reporter's desk. So we're -- that's basically phone calls, meetings, specifically more meetings than phone calls, but also a lot of writing, literature, et cetera. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I had meetings, correspondence, emails, and telephone calls as well. I met with various parties interested in this project. CHAIRMAN McDANIEL: And as did I; meetings correspondence, emails, and calls. So with that, I think we'll hear from the petitioner first. MR. MULHERE: We have to do swearing. CHAIRMAN McDANIEL: Oh, yeah. We have to do the swearing. Forgive me. If Terri wasn't trying to type everything I was saying, we'd be September 24, 2019 Page 50 done by now. Anyone who is wishing to speak today or filed to speak, please stand, raise your hand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN McDANIEL: I'll wave back. MR. MULHERE: Thank you, Mr. Chairman. Bob Mulhere here this morning on behalf of the applicant. I am a certified Professional Planner with Hole Montes. With me this morning on behalf of Stock, or with Stock, Brian Stock, Keith Gelder, Chris Johnson. Rich Yovanovich is our land-use attorney. Ted Treesh -- Ted Treesh is our Transportation Consultant, and Cathleen Cardoza manages projects for a company called Greystar, so she spoke, I think, at transmittal and may speak tonight. Also, I forgot Chris Mitchell, who is our Civil Engineer is with us here. So as Mr. Ochs indicated, there are two companion items here, small scale -- or excuse me -- an amendment to the GMP as well as a residential Planned Unit Development. I'm sure you all know where the property is, but just in case anybody's watching who doesn't, it is located basically at the intersection of Veterans Memorial Boulevard and Livingston on the southeast side. And this is a zoning map. You can see I think it was mentioned that a portion of the property is already zoned PUD, and a portion of it, about 20 acres -- I'll get into those details -- is zoned A ag. But the entire property is within the urban area. The Comp Plan contains 37.57 acres, and the PUD contains a little bit more, 35.92 acres. That is due to the fact that there were a couple of slivers along Livingston that didn't have clear title when we first came through this process. We now have that title, but the GMP will not apply to those slivers, which will basically be green space. As I mentioned, a portion of the property is Della Rosa PUD, 15.38 acres, and the balance is zoned ag. The requested density for September 24, 2019 Page 51 304 units is 8.55 dwelling units on the PUD. You probably will be recall that the Planning Commission did vote to recommend transmittal at that density and that the Board also recommended to transmit the Comprehensive Plan amendment. The Board, as part of the transmittal, reduced the height of the buildings from four stories to three stories and limited the maximum height to 40 feet zoned and 50 feet actual, and the PUD reflects those limitations. Just a little bit about the Della Rosa PUD. It is approved for 107 multifamily dwelling units, and it allows a zoned height of 50 feet and an actual height of 69 feet, which -- so you can see that's considerably higher than what is proposed for Allura. Recently, at the adoption hearing before the Planning Commission, there was a request to provide an 80-foot setback from Livingston Road and that the buffer be more substantial providing for Type B plantings, which is a more substantial landscape buffer within the otherwise required Type D buffer width. We also, at that meeting, voluntarily committed to market 55 units first to essential service personnel, and 28 of those would be income restricted to individuals or families whose income is 80 to 100 percent of the median income. I'll get into more detail. I just wanted to initially just advise you of that. So I realize this is a little bit of a busy slide, but this slide demonstrates -- I'm looking for my -- ah. Right here. The income restrictions or the income that can be achieved under the low and median percentages, 80 to 100 percent, based on the county's annual median income at present, average median income. COMMISSIONER TAYLOR: Mr. Mulhere, your median income is incorrect. It's seventy-eight five, just to let you know. MR. MULHERE: Okay. Thank you. COMMISSIONER FIALA: I'm sorry? September 24, 2019 Page 52 COMMISSIONER TAYLOR: Median income is incorrect. It's seventy-eight five. CHAIRMAN McDANIEL: That's the new. But you've got to look at the date up across the top. MR. MULHERE: Correct. This was from 2018. I know that -- COMMISSIONER TAYLOR: I know. I just wanted to bring that to your attention. MR. MULHERE: I thought so. Thank you. The point being that it gives you a feeling of the incomes that individuals or families could earn and still qualify. And so, for an example, at low, one individual could earn 42,000 a year, or at median 52,000 a year. If you look at a family of four, for example, that income is 60,000 at low, and 75,000 at median. And since the median income has increased, those numbers will fluctuate. That's calculated every year. I know there's an easier way to do this, but I'm erasing that. This particular slide depicts the calculated cap rate impact of agreeing to market those units at the 80 to 100 percent income. And I would just call your attention to really what is the bottom line. It's calculated on one-bedroom, two-bedroom, and three-bedroom. And the reduction in residual value when you compare these units to market-rate units is $2,073,600. So, I mean, it is a meaningful contribution, and this is the point of providing this slide is so that someone can have an understanding of what the -- you know, the revenue costs of providing these are compared to market-rate units. I wanted to -- this exhibit -- we shared this exhibit with you at transmittal. In blue is the Della Rosa PUD. They had a plan approved. Obviously it never went forward with construction. But you can see right here that they had a building that was approved at a zoned height of 50 feet and a higher actual height that was located September 24, 2019 Page 53 20 feet from the setback. So, obviously, in our case we have a much more significant setback because we have provided for a minimal principal structure setback from our east property line of 125 feet. So here and here (indicating). We've also committed to the 80-foot setback that I mentioned previously along Livingston of 80 feet. I know there's an easier way to do this. MR. MILLER: Clear. MR. MULHERE: Clear. Got it. Thank you. This is the -- I won't go over this. It's in your packet. This is the BCC transmittal language. It's pretty succinct, and it provided for what I've already described to you. There are some commitments in there that we'll go over as part of the presentation. This is a copy of the proposed PUD master plan. We'll just point out, you can see there's a pretty significant wetland preserve here. We've located our -- excuse me. You can't see me when I say "here" and point. Right here. And then, of course, our lake is here, which was strategically located there to provide additional buffer to the neighbors. This is an aerial photograph that shows our proposed site plan. And, again, this area here is -- all in here is slated for preserve. This is the development table. I just call your attention to a few items that I've already mentioned. But from Veterans Memorial Boulevard, the principal structure setback is 80 feet. From the eastern boundary, the setback is 125 feet. You can see that we have limited our height to the previously mentioned three stories. And then those are 40 feet actual, 50 feet zoned, and our accessory structures are located below that. COMMISSIONER FIALA: Can I ask him a question right now. MR. MULHERE: Yes. September 24, 2019 Page 54 COMMISSIONER FIALA: Yes. Can you tell me -- CHAIRMAN McDANIEL: Stay on the microphone. COMMISSIONER FIALA: Can you tell me, how close are you to the nearest home? MR. MULHERE: Well, for our principal structures, a minimum of 125 feet. COMMISSIONER FIALA: Okay. COMMISSIONER SOLIS: That's to the property line. MR. MULHERE: Yes. MR. YOVANOVICH: Which is on the other side. MR. MULHERE: Yeah, thank you for pointing that out. They've also got a setback. Let me go back to the site plan. I don't know that I have that exact number, but -- maybe the aerial -- no. I believe they've got a side-yard setback plus a landscape buffer which -- let me show you where that is, which is right in here. I'm not -- obviously here there's plenty of separation because there's no structures in here, and right here. So in those two locations they've got both -- either a rear -- most of them are rear-yard setbacks. So there may be one home that has a side-yard setback plus their landscape buffer. So they've got a minimum of additional 20 to 30 feet on top of the 125. COMMISSIONER SOLIS: Is there any way we can figure that out, or maybe Mr. Pritt knows and can tell us later, what the setbacks in Barrington Cove are? Because I'd like to know that. MR. MULHERE: Yeah. We can get an answer for that. I think they're almost all rear yards because, you know, there's roads that run along here and here (indicating), but I just want to make sure that one isn't a side yard, which would have a lesser setback. So we will get that answer for you. This exhibit is really a key that shows our landscape buffers. And I'm going to go into detail on these. So each of these colors September 24, 2019 Page 55 represents a different type of landscape buffer. So the pink color, that's what it looks like to me, is the property boundaries that are adjacent to a roadway, and they'll have Type D buffers. And some of them are a Type A buffer and then some of them are a -- a special Type B buffer, and I'm going to go over the details on that for you. So if you look at the key, you can see that this buffer, which is a standard Type B buffer, occurs here, and this property right here is commercial. This property right here is agricultural. They're five-acre parcels, each of those. Most likely that will potentially be something such as commercial on that intersection, but right now that's ag, that southerly five-acre parcel, and also here and also here. Now the fire station is down here. So those all have a Type B buffer. And you can see from the exhibit that that includes trees spaced 25 feet on center as well as a hedge, and there will be a decorative fence also behind the landscaping. COMMISSIONER SOLIS: That's the aluminum fence that you were showing there? MR. MULHERE: Correct. That's right here in the lower -- this right here is the fencing materials. This buffer is -- is a Type A buffer, and that is because, as I said, we abut what is agricultural now, but obviously it's a five-acre parcel. It's going to at some point be changed to something else, most likely commercial. But either way, they will also be required to have a buffer, and they will be coming in after us. So a Type A buffer in that location. This is the enhanced Type B buffer that I discussed, which is the buffer that we're providing adjacent to our closest -- and, again, we'll get that number, Commissioner Solis, but to our closest adjacent neighbors here, and that also includes the mahogany spaced 25 feet September 24, 2019 Page 56 on center, as well as 5-foot coco-plum hedges. It also includes the fence that will either be behind the landscaping or between the garages. And we've also inserted 12-foot-high fishtail palms. Those are spaced 10 feet on center. The purpose of this enhanced buffer is to create opacity, and opacity at a nice height as well. And I do have some sightline exhibits that I showed you at transmittal, and they've been updated with the additional landscaping. These are the Type D buffers, which will be provided, again, along the road frontage, and the request was to provide for a Type B planting in that Type D buffer along Livingston Road, and we've agreed to do that. These are the sightline exhibits that I mentioned. And you have a key in the lower right-hand side. So when you look at these, for example, "A" is perspective looking across Veterans Memorial to this project. You know, that is a 200-foot-wide right-of-way with an additional significant setback on both properties. So when you're looking in this direction, this is the sightline that you would see looking this way. With the reduced height down to three stories with the significant setback and the landscape buffers, you will not even -- and there's a berm on the Mediterra property. You will not see these buildings. You may see the tippy top of the roof, but based on this visual, you really won't see those buildings. Looking at Exhibit B is this perspective right here. And, again, there is a low vegetated berm. And when you're looking from that perspective, the same thing, you'll be looking up over the top of an enhanced landscape buffer that we're providing. Of course, their own landscape buffer, and our enhanced landscape buffer right in here. We also have these garages which are one-story structures. That forces your perspective upward. And, again, you might see the tippy September 24, 2019 Page 57 top, but you probably won't even see those structures. Let me just erase that. These are two other perspectives, and they're very similar in nature because you're talking about looking this way and this way into the project. And, again, you have the same berm and landscape buffer on the neighboring property, and we'll have a low berm here, but we'll have a substantial landscape buffer which has been designed to be opaque. And, again, if you're -- as a pedestrian here, you'll be looking in that direction. And, again, for the most part, those buildings will be obscured from your view. I wanted to take a moment and share with you a comparison of other rental projects that have been approved recently, the size and the density of those projects. And I'm sure you'll remember many of these, but Pine Ridge Commons was 375 units on just under 10 acres, so a significant density of 31.51 units per acre. Briarwood, which I actually worked on, was about a 16-acre parcel, 320 units. It's under construction now, and that is 20 units per acre. The Aster at Lely, 17.31 units per acre. Legacy Naples, 16.1. Courthouse Shadows, which is not approved, but it is working through the process and just went before the Planning Commission, will be coming to you soon, proposes a density of just under 16 units per acre. Addison Place, just under 16 units per acre. Inspira at Lely Resort is 15, just slightly above 15. Milano Lakes is 12 and a half. Orchid Run is 12.23. Springs at Sabal Bay is just under 10. And I think most significantly the point that we wanted to make was that the Allura project at 304 units on almost 36 acres is 8.46 units per acre; 8.55, I believe for the smaller acreage that we discussed that differential. But just about eight and a half. As we mentioned at the transmittal hearing before the Board, there is -- and I know you are aware of this because you've seen other September 24, 2019 Page 58 applications come through, but there is very strong demand for market -- market demand for apartments. That demand exceeds the supply and continues to exceed the supply. That's a simple economic formula. When demand exceeds supply, prices go up. Occupancy at present is close to 95 percent, a little lower for some of the newer ones that are coming through, but they will expect -- they expect to be fully leased. And the estimated market demand for rental units by the end of 2022 is over 5,300 units. Now, there are some coming online, so that number will be adjusted as new projects come online. But that's a pretty significant demand. Some elements that related to how this project will be managed, how Inspira is managed, because it's really going to be the same high, high level of management. Typical demographics are that the renters are working professionals and empty nesters as well. Average household income ranges from 80- to 135,000. In this case, there will be some with lower income based on our commitment to provide essential service housing. There is professional on-site property management. As I mentioned, Catherine Cardoza is here, and she can respond to specific questions you may have. She's with Greystar, which is the largest leasing and property management firm in the U.S. They conduct full background checks on all tenants. There is a seven-day eviction process for any criminal activity. No subleasing is allowed. Airbnb and similar short-term housing rental type of things are prohibited. You can't rent your unit out through Airbnb or whatever the other companies that do the similar stuff is. All the vehicles are required to be registered. There is a very strict restriction on pets. Photo and proof of vaccinations. The standard lease term, typically a year. You can rent for less, up to seven months, but you pay a premium for a shorter lease. But some people want to come down and look around the community, and they September 24, 2019 Page 59 just want to sign a seven-month lease. Always a big issue is traffic. And in our previous hearings -- well, first let me say that we are compliant and consistent with all of your policies, all of your rules that apply to traffic, and all of the regulations. There was some discussion about whether the ITE Trip Generation Manual, which is the standard that's used -- professional publication that's used to calculate typical trip rates for all uses, and those are used in developing the TIS that demonstrates what the trip generation will be for this. And, as you know, all probably -- for quite some time now, all of your rezones, PUDs and other rezones, have a trip cap, and we, of course, have a trip cap that applies to our project as well, and that's monitored through the development order process, either plat or SDP. The point I wanted to make with this slide was that we did an analysis of a number of other -- and the next slide, too -- a number of other recently approved and developed housing -- rental apartment housing developments, and it was demonstrated that the ITE trip manual is actually very close to the trips that are actually being generated in those projects that are developed. COMMISSIONER SOLIS: How did you do that? Can you just explain? I mean, you did your own traffic studies? MR. MULHERE: Yes, we did. We put out trip counters, and we went to -- let me go to the next slide because -- whoops. I guess I don't have the next slide. We looked at -- Ted, where are you? Could you come up? I know we looked at six or seven developed apartments, and I think maybe I can find that for you, but maybe Ted could speak to that a little bit quicker. COMMISSIONER SOLIS: That would be helpful. MR. TREESH: Good morning, Commissioners. Ted Treesh. Our surveys were done at five different communities. We September 24, 2019 Page 60 counted each community three different days during the week both during the morning and the p.m. periods to determine the number of cars coming into and out of those communities and then conducted the average trip generation, which is consistent with how ITE develops their trip generation information that goes into the manual that we typically use for projects that we're conducting in Collier County. MR. MULHERE: And this slide takes the average of the surveyed sites and provides you with a trip generation rate, and it shows the in and the out trips a.m. and p.m. peak hour. And you can see that the actual trip generation is very close -- that we've calculated is very close to what would be calculated under the ITE trip generation manual. There's a very minor differential between the two, and that probably depends on the actual demographics on site-specific cases, but they're very close. I'm not ready to go to questions yet. I do want to just share with you briefly some pictures of Inspira. Now, maybe you've all been there, and I apologize. I'll just go through these very quickly because I think they are very telling. These are four-story, and we're three-story. But particularly on the inside, I just want to demonstrate the very high quality of that development, and this development will be of the same high quality. That's in the pool -- looking at the pool, the amenity area. The interior of the project. Again, a picture of the pool, interiors. CHAIRMAN McDANIEL: Those are real pictures, aren't they? MR. MULHERE: Yes. CHAIRMAN McDANIEL: They're not renderings? MR. MULHERE: No. Those are real photos; probably done by a professional photographer, but they're real photos. Again, interiors. And, you know, I personally have visited Inspira, and I can attest to the fact that it is extremely high quality. September 24, 2019 Page 61 COMMISSIONER FIALA: And I went through it also and saw exactly what you're showing us here. MR. MULHERE: Amenities, interior amenity areas, and, again, a view. So, in conclusion, we received a recommendation from staff of approval. Both the CCPC and the BCC approved motions to transmit. This project complies with all of the staff conditions, we've agreed to all of them, and includes the additional conditions that were made in a CCPC motion at the adoption hearing, but that motion didn't carry. Unfortunately, we had lost some members of the CCPC. There was only five people left, and I think it failed on a 3-2 vote. But we've incorporated those conditions. And those were, as I said, the ESP, the essential service personnel condition, the 80-foot enhanced setback from Livingston Road, the enhanced buffers. These were the additional conditions that were part of -- and there were a couple of corrections to the PUD document. Heidi Ashton mentioned to us that we reference a Collier County definition of essential service personnel. And there is one that was used in a previously approved project; however, Cormac Giblin indicated that the state just in the last legislative session adopted a new definition, and so we will add to the PUD for the purposes of this PUD that definition. That's not done yet, but we're committing to do that. The nurses, emergency personnel, government employees. It's what you would typically think of as an essential services person. I'll go back up to questions. MR. YOVANOVICH: I've got a couple. Good morning. For the record, a couple things I'd like to add. Rich Yovanovich, for the record. Sorry. In answer to your question, what's the distance that the nearest home can be from Barrington Cove to their property line, on that September 24, 2019 Page 62 west property line for them there's a minimum 27-foot drainage easement. So 27 feet is the closest structure. So it would be total of 152 feet structure to structure minimum setback, Commissioner Solis. And they also -- remember, they're going to have a landscape buffer on their property, as Bob took you through that. COMMISSIONER SOLIS: Twenty-seven and 125? MR. YOVANOVICH: Twenty-five, which would be -- if I did my math right, it's 152 feet. COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: A couple of things I just wanted to add to the request. Under your current Growth Management Plan, we can ask for two different types of density. If we wanted to just do a market-rate project, we can ask for up to seven units per acre because we're, in the urban area, four units, and we're also in a TCMA, which would allow for another three. So we can ask for seven pure market-rate units. We're asking for an additional 1.55 units per acre as part of this project, or we could do a traditional affordable housing density bonus project on this property and could ask for up to 16 units per acre under the existing Comprehensive Plan. What we proposed was a hybrid of the two, market rate and also essential service personnel. Cormac Giblin provided us a definition that's in the current state statute for essential service personnel, and under the state statute -- and this is from 420.503 Florida Statutes, "Essential services personnel means natural persons or families whose total annual household income is at or below 120 percent of the area median income adjusted for household size and at least one of whom is employed as police or fire personnel, a childcare worker, a teacher or other education personnel, healthcare personnel, public employee, or a service worker." And we would agree to that being incorporated as the definition September 24, 2019 Page 63 of essential service personnel with the one restriction we've restricted ourself income-wise to families -- individuals or households making between 80 and 100 percent of the median income. So we've reduced the eligible income. After -- for years Arthrex, the Chamber, and Naples Community Hospital and others have been coming to the Board saying there's a shortage; we need to do something about this. And after our transmittal hearing, I believe Arthrex came to the Board of County Commissioners and, again, renewed their concern about housing to meet the needs for their particular company and others as well. I'm sure you -- I think you've received a letter from Arthrex supporting this project. And I know -- we heard the message from Arthrex and others, and the Commission, I know, heard the message that we need to do this, and they wanted to find -- you wanted to encourage the private sector to participate in helping to meet this need. And Brian stepped up and said each of the additional units above the seven units per acre -- 249's the base which we can ask for today under the Comp Plan. Each of the 55 units above that, he will -- he will market first to essential services personnel, which I just read who those people are, and we've been talking about them for many years. We'll market those to them first, and if a unit -- if we can't find qualified essential services personnel renters, then we can market to other individuals. And of those 55, he also said I will income-restrict 28 of those units to the 80 to 100 percent income category. And Bob took you through that. And you'll see that that reduces the rents for 28 of those units from approximately $270 a unit to I think it was slightly over $300 a unit; am I close? So it's a significant rent reduction for those 28 units for essential service personnel workers and an overall impact to the September 24, 2019 Page 64 value of the project of over $2 million. That's a significant commitment for the private sector to make to help meet those needs. Our program, or proposed Comprehensive Plan amendment, as I said, is a hybrid to what we can do under the existing -- the existing affordable housing density bonus program. In fact, a couple things I want to point out, we were criticized by the experts for Mediterra that we didn't ask for affordable housing under the existing Comprehensive Plan. Well, I don't think -- I think what we've asked for is better and a better program. That same expert admitted that the size of the development is of the standard size for successful apartment complexes that provide high-level amenities like Inspira and others that you will have here. That same expert admitted that we comply with all of your transportation requirements within Collier County. Your staff has said we comply with all your transportation requirements within Collier County. David Weeks has opined that we've met our burden of showing the need, and the data and analysis supports a Comprehensive Plan amendment. That same expert didn't quibble with David Weeks' final determination that we met the data and analysis requirement to request our Comprehensive Plan amendment. Your staff did an excellent job of reviewing this and working with us to come up with appropriate setbacks, and they have recommended, even over the objection of the Planning Commission, both the approval of the Comprehensive Plan amendment and the PUD. And with that, that concludes our remarks. We're available to answer any questions. We do ask that we -- unfortunately, at the Planning Commission we had some people who wanted to speak at the Planning Commission. They couldn't stay past lunch and were September 24, 2019 Page 65 not recognized and allowed to speak at the Planning Commission. I would request that those people, if we get close to the noon hour, that those people be given an opportunity to speak if we're still in the question-and-answer period. I'd like -- I'd just ask for that courtesy to those individuals. CHAIRMAN McDANIEL: We will get close to the noon hour. MR. YOVANOVICH: With that, I have nothing further to add. COMMISSIONER SOLIS: Who would they -- who would they be, just so we know -- MR. YOVANOVICH: You have two from the Chamber, and I believe Naples Community Hospital has a representative here. CHAIRMAN McDANIEL: And there's people here. So we've got a list of public speakers. MR. YOVANOVICH: Troy -- I gave mine to Troy and asked that -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: We will hear all of the public speakers. MR. YOVANOVICH: I know that. There's three of them that would like to be heard before the lunch hour. CHAIRMAN McDANIEL: Oh, so you want to prioritize those speakers? MR. YOVANOVICH: Yes, I did, because they didn't get an opportunity at the Planning Commission. That's all I'm asking. CHAIRMAN McDANIEL: No worries. I have no lights. Any questions for the petitioner? COMMISSIONER SOLIS: Not now. CHAIRMAN McDANIEL: Not now. Nor do I. MR. OCHS: Mr. Chairman, would you like to hear from staff? CHAIRMAN McDANIEL: Absolutely. MR. WEEKS: Good morning, Commissioners. I'm David September 24, 2019 Page 66 Weeks, Growth Management Plan Manager in the Comprehensive Planning Section for the county. My remarks will be brief. One thing that I'm not sure was actually stated as far as this petition goes, it is restricted to apartments only; rental apartments only. They're not allowed to have condominium or other -- any other type of separate ownership of individual units. As Bob has already explained, at the transmittal hearing the Planning Commission did recommend approval of this project. It was by a 4-2 vote, though one Planning Commissioner in particular did comment that he had some concerns, and when it came time for the adoption hearing, that person did switch their vote to not support the project, and we also had a different -- a little bit different makeup of the Planning Commission at the two hearings. And I think maybe one other person might have switched their vote. But the result was, at adoption, was a motion to approve failed 2-3. The reason staff has recommended approval of this project for the Comprehensive Plan amendment is based on these findings and conclusion: First of all, broadly speaking, this property is in the urban designated area, not the site specific level, but broadly, which is the area where the Comprehensive Plan encourages higher density and intensity of land uses, and it's where most of the public dollars are focused towards providing infrastructure for development. Secondly, this property is within the Transportation Concurrency Management Area, TCMA, and it's an area with transportation demand strategies are employed to reduce traffic impacts, in which this project does commit to providing at least two. Thirdly, there are no infrastructure impact concerns generated from this project nor are there any natural resource impact concerns. The data and analysis, in staff's view, does show that there is a demand, a need, for additional apartments in Collier County and especially in this particular area. September 24, 2019 Page 67 There have been a lot of apartment complexes approved and quite a few built within the last three or so years. Most of those have been in the vicinity of Collier Boulevard, the East Naples, South Naples area. Most of them, if not all of them. COMMISSIONER TAYLOR: You see. COMMISSIONER FIALA: I've been saying it. They believed me. MR. WEEKS: And, finally, at the macro level, the high-level review that Comprehensive Planning does for a Comprehensive Plan amendment as opposed to the site-specific detailed review for a zoning petition, staff does find that this project is compatible with the surrounding area. And, again, staff does recommend approval. CHAIRMAN McDANIEL: Okay. We've got lights. And we'll go with Commissioner Taylor first. COMMISSIONER TAYLOR: Yes. Mr. Weeks, what are the two conditions that the petitioner has agreed to help manage the traffic? MR. WEEKS: One of which is to provide a vehicular interconnection connection -- well, sorry. I'll back up. They need to do two out of three at a minimum. COMMISSIONER TAYLOR: Right. MR. WEEKS: One is to provide a vehicular interconnection to the commercial parcel adjacent to the west northwest; secondly, provide pedestrian bicycle interconnection to that same project, commercial; or, thirdly, to provide a CAT, Collier Area -- CHAIRMAN McDANIEL: Transit. MR. WEEKS: -- Transit, thank you, CAT facility in their project. So at least two of those three they must provide and they've committed -- CHAIRMAN McDANIEL: Are those the two TDMs they talked about in here that must be provided? September 24, 2019 Page 68 COMMISSIONER TAYLOR: My question. MR. WEEKS: That is correct. CHAIRMAN McDANIEL: Go ahead and ask. I'm sorry. COMMISSIONER TAYLOR: I had to do that. Go ahead. No, get some clarity. CHAIRMAN McDANIEL: You regularly read my notes and then ask the questions. Are those -- COMMISSIONER FIALA: Now, children. CHAIRMAN McDANIEL: Yes. David, don't listen to him. MR. WEEKS: Yes, sir. CHAIRMAN McDANIEL: Are those the two TDMs that are referred to in the petition, two of those three? MR. WEEKS: Two of those three, yes. CHAIRMAN McDANIEL: Okay. Thank you. Forgive me for jumping in. COMMISSIONER TAYLOR: No, no. And then what would be the process be if, say, five years from now the developer of the project decides to make these units for sale? What would be the process? MR. WEEKS: They would have to come back and amend the Comprehensive Plan and PUD. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders, you're next. COMMISSIONER SAUNDERS: Thank you. Just a couple questions in terms of what is permitted there currently. There was conversation that under existing zoning, seven units per acre would be permitted if there was no workforce or affordable housing. To get to seven units per acre, would that require any zoning change, or is that permitted by right? MR. WEEKS: On a portion of the site it would require September 24, 2019 Page 69 rezoning. There's an existing Della Rosa PUD that encompasses the majority of the subject site, but there's also some acreage that is zoned agricultural which would only be entitled to one unit per five acres. COMMISSIONER SAUNDERS: And how much of that is zoned agricultural? MR. WEEKS: The applicant says approximately 20. COMMISSIONER SAUNDERS: So about 15 acres is zoned for the seven units per acre. CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: And I would assume that it would be very difficult to deny a change from agricultural to apartment on that 20 acres; is that a fair statement based on where it's located? MR. WEEKS: I'm reluctant to answer that. It was up to the purview of this board. COMMISSIONER SAUNDERS: That's always the case, but I'm asking for your opinion. MR. WEEKS: Well, I can't predict what this board will do, but I would say that would be consistent with the Comprehensive Plan. COMMISSIONER SAUNDERS: I'm only asking you a question as a professional. MR. WEEKS: Yes, sir. COMMISSIONER SAUNDERS: Would it be likely that they would be able to get seven units per acre on that 20 acres that's now agricultural? MR. WEEKS: Commissioner, it would be consistent with the Comprehensive Plan. That would be a very reasonable request, in my opinion. COMMISSIONER SAUNDERS: Then in terms of the 16 units per acre, the density bonus on the 15 acres, would that be as of right September 24, 2019 Page 70 at this point, or would that require any kind of a zoning change? MR. WEEKS: That would also require a zoning change; not a Comprehensive Plan amendment. COMMISSIONER SAUNDERS: To get to that density bonus? MR. WEEKS: Correct. COMMISSIONER SAUNDERS: So we're really dealing with seven units per acre would be typical for the 15 acres and likely for the other 20. That's all. I just wanted to see what was permitted as a matter of right. MR. WEEKS: Okay. CHAIRMAN McDANIEL: Any other questions? MR. YOVANOVICH: I just got texted that one of the speakers, Mr. Dutcher, has to leave at 11:30. He's -- can we accommodate him at this time? CHAIRMAN McDANIEL: Yeah. I don't see why not. We're going to do the other three as it is. If -- I'm okay with that. MR. YOVANOVICH: He was one of the three that I mentioned. CHAIRMAN McDANIEL: Sure. I'm okay with that. Are there any other questions? COMMISSIONER SOLIS: Not yet. CHAIRMAN McDANIEL: Let's go to the public speakers. MR. OCHS: Well, Commissioner, we still have another member of staff that still has a few things for the record as well. CHAIRMAN McDANIEL: Come on up. MR. SABO: Good morning. James Sabo, Principal Planner certified with the county. I'll make this quick. The zoning recommendation assumes that the GMPA is approved, so we continue to recommend approval respectfully disagreeing with the Planning Commission based on the densities that were in the Della Rosa PUD. September 24, 2019 Page 71 CHAIRMAN McDANIEL: I understand that. MR. SABO: So I'll relent at this point. CHAIRMAN McDANIEL: You don't have to hit your light. I got you. COMMISSIONER TAYLOR: I do have a question. MR. SABO: Sure, sure. COMMISSIONER TAYLOR: It's my understanding that the reason that there's such a high density on Della Rosa was the result of a transfer of development rights. It's also my understanding at the time that these -- this density was given to this property, the staff disagreed with it. Can you confirm that? MR. SABO: I can't myself. I don't know if -- MR. YOVANOVICH: I know I can. COMMISSIONER TAYLOR: You were the one? MR. SABO: I did it. COMMISSIONER TAYLOR: Okay. MR. YOVANOVICH: Do you want me to explain? COMMISSIONER TAYLOR: I just want you to answer the question. The staff disagreed with it. The Commission approved it. MR. YOVANOVICH: The Planning Commission and the Board of County Commissioners both agreed to it. It was not -- COMMISSIONER TAYLOR: Staff disagreed with it. MR. YOVANOVICH: That I don't recall, but it was not a transfer of development rights. It was also within -- under your Growth Management Plan. Because we were less than 20 acres, we, at that time, were entitled to ask for an additional three units per acre to get to the seven. We agreed as an additional incentive to get to the seven to buy TDRs, but we did it under the infill provisions to get to the seven. We put frosting on the cake, if you will, by agreeing to do that through the acquisition of TDRs in addition. September 24, 2019 Page 72 COMMISSIONER TAYLOR: But you can't speak to the fact that staff disagreed with this? MR. YOVANOVICH: I only remember the vote. CHAIRMAN McDANIEL: Any other questions? (No response.) CHAIRMAN McDANIEL: Now we'll go to -- are we all done with staff now? Okay. MR. OCHS: Thank you. MR. SABO: Thank you. CHAIRMAN McDANIEL: I saw Trinity. I saw Trinity sneaking around back in the back. COMMISSIONER FIALA: Now she's going to run to the door. CHAIRMAN McDANIEL: Okay. Let's go to public speakers in order -- MR. MILLER: Yes, those were the first -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: -- to go at 11:30 and then the other three that have a commitment after lunch. MR. MILLER: Those are the first three slips submitted, sir. They will be the first three called. Your first speaker is Phil Dutcher. I'll remind speakers to use both podiums, please. He will be followed by Michael Dalby. MR. DUTCHER: Good morning, County Commissioners. It's good to be here in front of you this afternoon. I'm Phil Dutcher. I'm the Chief Operating Officer for NCH Healthcare System, and I'm here as representing one of the largest employers of Collier County. NCH, in addition to our normal workforce needs for housing and recruiting and attracting and retaining employees, has special needs because of the special services that we provide. Our Code Save a Heart and Code Save a Brain services require September 24, 2019 Page 73 employees, professional employee/staff to be available to our hospital within minutes in response to emergencies such as those. And our ability to find and help our employee/staff find convenient, easily located, easily located near one of our hospitals is vitally important to us and to continue those programs. Five years ago the NCH board decided to start a training program for physicians in this community, and next July -- or June, we will graduate 12 medical internal-medicine physicians, and we've already hired, put under contract three of those 12. So the process of training doctors locally is working for us, and we'll be adding to the complement of physicians in this community as a result of that. Those individuals also are here generally for three years, hopefully longer, but finding suitable affordable housing for those individuals has become an issue that we struggle with. And every year as we bring in a new cadre of 12 residents, a little bit of a firestorm trying to find easily accessible housing for them. So NCH in general is supportive of any workforce housing projects in our community. It's vital to us to continue to recruit the quality professionals we need for the healthcare field. We recognize that communities don't necessarily like certain developments near them, but, you know, our position is that any new workable housing is certainly great for us. So I would ask you to consider that in this project. CHAIRMAN McDANIEL: Would you please, for the record, state your name and position again. MR. DUTCHER: I'm sorry. It's Philip Dutcher. CHAIRMAN McDANIEL: You said it once, but I wasn't listening. MR. DUTCHER: Phil Dutcher, Chief Operating Officer. CHAIRMAN McDANIEL: Thank you, Phil. And Commissioner Taylor has a question for you before you go away. September 24, 2019 Page 74 COMMISSIONER TAYLOR: Hi, Mr. Dutcher. MR. DUTCHER: Hi, Commissioner Taylor. COMMISSIONER TAYLOR: Just a question. We're kind of batting around the word "affordable." I'm not referring to you, but it kind of -- it's kind of a horse of a different color depending on who's talking about it. What kind of -- do you want more market-rate housing? MR. DUTCHER: Well, we certainly -- COMMISSIONER TAYLOR: Expensive market-rate housing? MR. DUTCHER: Yeah, we like lesser expensive housing. You know, we look -- struggle with housing for our nurses, as I mentioned, our residents, any of our healthcare professionals, that level of employee, frankly, and -- you know, a good chunk of our employees live up in Lee County because they can't afford to live in Collier County. And so, frankly, workable -- or workforce housing at any level is something that we would support. COMMISSIONER TAYLOR: And, generally, just so you know, just for the record, it's my understanding with affordable housing, we termed affordable housing probably not any higher than 80 percent of the median income. So thank you very much. MR. DUTCHER: Thank you. MR. MILLER: Your next speaker is Michael Dalby. He'll be followed by Amanda Beights. MR. DALBY: Michael Dalby, the President and CEO of the Greater Naples Chamber of Commerce. And in full disclosure, Brian Stock sits on our board of directors along with 56 other businesspeople, governmental leaders, not-for-profit leaders. And the Chamber's had a clear and long-standing position of support for housing that's affordable, particularly workforce housing. September 24, 2019 Page 75 While this is market-rate housing, it does have an affordable component. And workforce housing includes many types of housing, including apartments. Many people, when they first transition here to take jobs, don't initially buy a home. They live in apartments or live in some type of rental dwelling. I lived in Positano Place, which is a 300-unit condo complex that sits off of Livingston Road close to Pine Ridge, and rented there for a year. That development is roughly similar in many ways to this. About half the people that lived there were retirees, and about the other half worked. The Allura development has -- I think, would probably see -- at least about 40 percent of the people would be retirees. So when we start talking about traffic, realize that a lot of these people aren't going up in the rush hour of time frames. There's three key factors that I'd like to try to address here. First off, is that in the previous hearing that I sat in, a number of people kind of vilified people who lived in apartment complexes. I think many of us lived in apartment complexes at one time or another. It's key for our housing mix, and having apartment complexes important for our overall citizenry. These apartments, particularly, would be attractive, I think, to doctors, hiring health professionals, engineers at Arthrex, financial professionals, attorneys who would see that as key housing particularly in its North Naples location. Secondly, the development is planned off a six-lane arterial that has a signalized intersection for its entrance and egress. The Positano Place doesn't have a signalized intersection, and it works, and this one is a six-lane arterial. It's near a school. It's near emergency services. You know, if you can't build an apartment complex on a six-lane arterial, it starts to narrow down the possibilities of where you can do this at. September 24, 2019 Page 76 And, lastly, you know, it's been pointed out already that 15 acres of this property was already zoned for multifamily residential. And it could be much higher, much more density, much less setbacks. So I think in many ways this is a project, a development that has been put together to try to keep in mind all the demands from -- whether it's government bodies or the neighborhoods in terms of setbacks and the other concessions that they've made. So we see this as adding to the total product that we have to offer to people who are looking to find a place here in Collier County. Thank you very much. CHAIRMAN McDANIEL: I'm going to give you a little bit more time. Commissioner Taylor has a question for you. MR. DALBY: Sure. COMMISSIONER TAYLOR: You were very much involved over the years with the affordable housing -- MR. DALBY: Absolutely. COMMISSIONER TAYLOR: -- effort. I mean, you were right there -- MR. DALBY: Sure. COMMISSIONER TAYLOR: -- all the time, and you've been an eloquent spokesperson for the need for affordable housing. And one of the incentives or carrots that this commission established finally, after wrestling with a multitude of choices, was to increase the density to -- that was the carrot; that we would increase density on projects that were dedicated to affordable housing. Do you agree with that premise? MR. DALBY: Sure. I mean, anything that can be done to try to encourage any type of development or addition of affordable -- housing that's affordable any type of development. I think that as you look at this where they've made the 50 units available and within the requirements that are set up there is nice to see because we, frankly, September 24, 2019 Page 77 haven't seen very much at all happen in this area over the time that we've been working on it. So to have a private-sector developer say that I am willing to try to do this to try to help in some way and, yes, taking advantage of those bonuses, but at the same time being able to provide some type of workforce housing, to me, is an important first step in this whole process. CHAIRMAN McDANIEL: Thank you, Michael. MR. DALBY: Thank you. MR. MILLER: Your next speaker is Amanda Beights. She'll be followed by Nancy Huntt. MS. BEIGHTS: Good morning. For your records, my name is Amanda Beights. I've been thinking a lot lately about how decisions are made for communities and for our community many times, but not all of the time. It goes something like this: Meetings and discussions are had, good plans are made, participating members are in agreement, and then the public meeting occurs. And who shows up? I've said it before and I'll say it again, those that have the freedom and ability to sit in this room all day do not represent all of Collier County. It's a business day. Collier is diverse. Collier is growing. Collier has potential. This past summer I took a trip back to where I grew up, and I did a little tour of the various homes I lived in during different times of my life. One of these homes relates to what we're talking about today. When I was in kindergarten, my family and I lived in an apartment close to my schools, and I walked with my mom, who was a nurse, to and from school each day. I have so many good memories from this time in my life, and the apartment was on a beautiful, safe street on a corner with large single-family homes also lining the rest of the street. Imagine that. September 24, 2019 Page 78 I have -- I'm really just a bit embarrassed for our community that so many are against apartment living and diversity of housing options. You've heard and will continue to hear all of the statistics and the reasons why this development is more than worthy of consideration. The road can handle it. There are no environmental concerns. It's close to schools and very important -- very important businesses, a hospital, and more. It's certainly a stunning development as well, and excellent concessions have been made to fit some of the needs of communities. So I'd like to go back to this apartment I lived in as a child for a moment. And as I was leaving our little tour to home, I called my mom to reflect on our apartment, and as I was discussing how beautiful this home was, the homes were on the street, she said, you know, Amanda, those homes were built a long time ago and were once dedicated as housing for factory workers for a factory that was close by. She said there was a need, and they built it, and I thought, imagine that. I was thrilled to learn that Allura had dedicated a portion of this development for essential housing, and all I can say is, yes, more of this, please. So, Commissioners, I ask you, if we cannot move forward with beautiful apartment living that has a portion of dedicated housing for essential workers, that housing happens to be next to single-family homes because it doesn't fit in with our community? If we can't even do this, then what are we doing and who do we want to be? I certainly hope that we can think bigger than that. Thank you for your consideration. CHAIRMAN McDANIEL: Thank you, Amanda. MR. MILLER: Your next speaker is Nancy Huntt. She will be followed by Joe Huntt. September 24, 2019 Page 79 MS. HUNTT: Thank you, Commissioners. Good to see you again. I am a resident of Barrington Cove. I want to thank you all for your dedication to making Naples the best community in America to live in. Thank you. I would like to focus on the vision for our community and point out that if Allura is to be built on that corner of Livingston and Veterans Memorial, it will have a negative impact on the public infrastructure now and in the future. Traffic now is an issue. Allura development will only intensify it. With the planned high school, already middle school, and elementary school, there's no plan to -- for a traffic solution. Veterans Memorial is a two-lane highway. Just a little highway -- road. And basically at this point we're already in a gridlock getting out of the communities. Now, I'm not quite sure on that development. We were told at the first part of this that there was only one entrance into their Allura project off of Veterans. That may be different now. I'm not sure, according to the plans. The density must be in public interest, which has not been proven here. Just to increase density to accommodate a developer's wish to maximize their profit at the expense of the surrounding neighbors and neighborhoods contradicts the GMP. This project is not compatible with the surrounding neighborhoods and presents negative impact on our infrastructure. Backing up to Barrington Cove neighborhood, we can expect increased noise, lighting, and annoyances in spite of those proposed setbacks impacting our existing quiet neighborhood. Summing up, this development is inconsistent with the GMP and is not a responsible decision or plan for making our county the best community in America to live, work, or play. Thank you. MR. MILLER: Your next speaker is Joe Huntt. He will be September 24, 2019 Page 80 followed by Bob Aufdenkampe. MR. HUNTT: I am Joe Huntt. That is spelled H-u-n-t-t. I am an owner in Barrington Cove. The GMP outlines that a proposed development meet a series of benchmarks. Three of these are compatibility, concurrency, and complementary. Chairman Strain, during the Planning Commission hearing, stated that in his opinion, this project is not compatible to the surrounding area to -- due to both scale and massing. Thus, this project is inconsistent with the local development patterns already in existence. The concurrency issue requires a governing body to confirm that seven public services, one of which is mass transit access, be available for any proposed development. Although Stock has stated that a transit area could be built, it would serve only a non-existent bus line. And I do realize they've backed off from that, but they're going to give a bike path or a walking path to non -- a commercial piece of property that may or may not be developed in any time near. Is this project complementary to the surrounding communities? According to the definition of the word, which of the following does it fulfill? Combining in such a way as to enhance or emphasize the qualities of another; to fill out or complete; mutually supplying to each other what the other lacks on its own. It meets none of these definitions. It will exacerbate traffic, increase the nighttime light pollution, and, I would expect, periodically elevate the neighborhood noise levels from the pool parties that can be expected to be provided by management for the enjoyment of their tenants. Last, everyone talks about the traffic on Livingston Road, but the real issue is the mess that can be expected to occur on the east side of Veterans. The only exit from the Allura complex will be onto September 24, 2019 Page 81 Veterans. This is a two-lane street that was clearly never designed to adequately handle the volume of traffic that is currently using the road. Why? When the first car in line at the light is turning left, southbound, no other car can proceed to turn right northbound. No right-hand-turn lane exists; thus the line of cars backs up and in some instances of having to sit through a second cycle of this light. The construction trucks that are currently going into and exiting Talis Park cause this condition to exist now. What happens when Allura begins their massive project? How many minutes will it take to get out of our community then? How is the quality of life for residents of Barrington Cove not going to be forever diminished? Thank you, Commissioners. MR. MILLER: Your next speaker is Bob Aufdenkampe. He'll be followed by Marti Aufdenkampe. MR. AUFDENKAMPE: Good morning. Bob Aufdenkampe. I'm a resident of Barrington Cove. In April of 2017, this commission held a strategic planning workshop to serve as a roadmap for development. You created a vision statement at that time. The best community in America to live, work, and play. Along with your vision statement was a mission statement that states: To deliver high-quality and best-value public services, programs, and facilities to meet the needs of your residents, visitors, and business today and tomorrow. You focus on six strategic areas. I'd like to address two of those areas today: Quality of place and growth management. Quality of place, your strategic goal, to preserve and enhance the strategy, quality, value, character, and heritage of our neighborhoods, communities, and region. One of the community expectations you set was to preserve and September 24, 2019 Page 82 enhance our neighborhood character. In growth management your strategic goal, to responsibly plan and manage community growth, developments, redevelopments, and protect the natural environments. Two of your community expectations were: Enforce current development standards and maintain relevant plans that reflect the needs and desires of a growing community. Manage developments and redevelopments in harmony with efficient mobility, habitat preservation, water resources, management, and sustainable ecology. You're being asked to approve a GMPA that more than doubles the current community density. The developer's asking for you to allow a property zoned for 189 units to be rezoned for 304; a 60 percent increase. Why? Because that's what the developer wants, not because the community needs it. The question I ask this board, based on your strategic plan set in place in 2017, how does Allura fit in this plan? Does it preserve and enhance the heritage of our neighbors? Is it compatible with the existing communities? Does it enforce current development standards and maintain plans that reflect the needs and desires of this community? Does it come in harmony with efficient mobility and concurrency? In other words, compatibility, comparability, and concurrent with the surrounding area. I believe the answer is no, and so did the members of the Planning Commission; did not believe Allura met your GMP. Too much on too little with a devastating effect on your community. So please reject the GMP. Thank you. MR. MILLER: Your next speaker is Marti Aufdenkampe. She will be followed by Anne-Marie Cadwallader. MS. AUFDENKAMPE: Good morning. My name is Marti Aufdenkampe, and I am a resident of Barrington Cove. I would like September 24, 2019 Page 83 to thank all of you for allowing me to speak this morning. According to the Growth Management Plan, any structure built must be compatible with the existing neighborhood. The GMP states that it must pay strict attention to this. According to the Collier County's Growth Management Plan, the neighborhood must not only be compatible, but it must be comparable and even complementary to the existing communities. Allura is neither compatible due to its scale massing, nor is it comparable to the neighborhoods surrounding it. Therefore, according to the GMP, Allura should not be built. No matter how much setbacks, buffers, landscape, et cetera, et cetera, et cetera it's still going to stick out like a sore thumb. Lastly, I urge you to reject the GMPA just as a planning -- just as the Planning Commissioners did. Thank you again. And any remaining time that I have, I'll extend to anyone else that wants it from Barrington Cove. CHAIRMAN McDANIEL: You can't do that. MS. AUFDENKAMPE: I can't do that? Okay. Forget that. CHAIRMAN McDANIEL: No. MS. AUFDENKAMPE: Thank you very much. MR. MILLER: Your next speaker is Anne-Marie Cadwallader. She will be followed by Bill Arnt. MS. CADWALLADER: Good morning. My name is Anne-Marie Cadwallader. My husband, Bill Arnt, and I bought our home in Barrington Cove in February of 2017. We live here full time. We planned this as our last home, and we picked Barrington Cove doing due diligence because it is in the middle of quiet low-density neighborhoods, zoned and built as such. We are at this hearing to discuss this project at hand, Allura. We're here to talk about what is, not what if, not what could be. The September 24, 2019 Page 84 Planning Commission rejected Allura's plan to build too much on too little noting specifically compatibility. The density units per acre that Allura wants is more than double of any of the surrounding communities. Complementary. At three stories, five or more buildings, how is Allura's mass complementary to the low-density single-family communities that surround this corner that make up the bulk of development along the Livingston corridor from Bonita Springs Road to Immokalee Road? How is Allura, at 304 units with 608 cars entering and exiting on two-lane Veterans complementary or beneficial to neighborhoods that already see traffic jams, especially at the Veterans/Livingston intersection? Concurrent. How is -- Allura is an island, a made-up subdistrict that has no mass transit connection, is at least two miles away from -- from essential shopping. From -- Allura's 608 cars will have to drive on Livingston to do anything, go to work, shopping, drop off laundry, go to a restaurant. How will this fit the desire of this board to compact neighborhoods to cut down on driving trips? How is this concurrent with the legislative mandate that a development must have adequate transit and traffic capacity before it is built? Traffic on Livingston, as the Planning Commissioners noted, is the growing problem. Creating more traffic for that section of Livingston now will only add to the problem to the point where it will be considered a failed street. To the residents who use Livingston every day, it will be a disaster that could have been better managed, if not prevented. Collier County's own Growth Management Plan states a development must be both compatible and complementary with the surrounding neighborhood, including external compatibility with existing neighborhood uses and structures. If Allura is approved. What communities say from a September 24, 2019 Page 85 neighboring PUD being drastically changed and density just because an influential developer wants it. Reversing the well-thought-out land-use plans that county commissioners had the foresight to put in place. Thank you. MR. MILLER: Your next speaker is Bill Arnt. She'll be -- he'll be followed by Elena Mola. MR. ARNT: My name is Bill Arnt. I'm the President of Barrington Cove HOA, the community that's most affected by Allura. Thanks for your time and effort in having this hearing and your consideration over the last two years in all these things. And you've been very, very attentive and very good in listening to us. Thank you. Over the course of the last few months, our North Naples community has been working to let you, the Commissioners, know that our community of over 4,000 doors does not want Allura built due to crowding and lack of infrastructure, not because it's an apartment complex. Let's get that straight. We're not complaining because it's an apartment complex or rentals. We have several rentals in our community. As a matter of fact, we have -- 33 out of 133 of our units are rentals in Barrington Cove. So we're not complaining about the fact that there's rentals coming. What we are complaining about is that due to the crowding and lack of infrastructure, we're elated that the county planning commissioners agreed with us and voted not to recommend the building of this community. In speaking to your constituents, I have found many opposed to this project and few with no opinion but even fewer in favor of the project. Mostly businessmen are in favor of this. The community -- obviously, some of the large community leaders are in favor of this. But your residents in North Naples are not in favor of it by and large, 4,000 doors worth. September 24, 2019 Page 86 Their concerns can be summarized in three parts: Compatibility, concurrency, and complementary. You've already approved four projects within the last year that fit that criteria: Springs at Hammock Cove; Briarwood Plaza, Livingston; Pine Ridge Commons; and Baumgarten, a Master Planned Community. Each of those approvals fit the County Commissioners' requirements to centralize population, reduce vehicle usage, make conveniences accessible with unnecessary road trips. What the Planning Commission saw was that Allura did not fit. The closest conveniences of any type are 2.9 miles away. There is no public transportation, so in order to get to shopping, restaurants, cleaning, gas stations, and other conveniences, the 500-plus occupants of Allura would add to the already-burdened Livingston Road/Immokalee Road traffic. Added to that burden will be the building of the high school on Veterans Parkway that will add an additional vehicle load that would accommodate teachers, administrators, students driving to school. There's also a planned community of Argo that's 40 acres and is advertised as single-family coastal homes. I don't think these additional projects were figured into the traffic computation for Allura. Residents moving from Veterans Boulevard to Livingston will even be more affected since only the exit and entrance to Allura, according to the Planning Commission, will be from Veterans Parkway. One of the things also that we would ask you to consider is the fact that we, as a community, have been diligent in our approach to what is going on around us. We would ask you to consider the additional usage of traffic from the high school and from the additional communities being built. Thank you very much. September 24, 2019 Page 87 MR. MILLER: Your next speaker is Elena Mola. She has been ceded additional time from Anne Dougherty. Could you indicate your presence, please. UNIDENTIFIED SPEAKER: She just stepped out. She was here. She just -- MR. MILLER: I'll need to see her here. Ronnie Bellone? (Raises hand.) MR. MILLER: And I cannot -- is this Prins? MS. PRINS: Prins. MR. MILLER: Okay. So that will be a total of -- and did I hear that Ms. Dougherty is here? COMMISSIONER TAYLOR: She is. CHAIRMAN McDANIEL: If she's in the room and can come back before -- MS. MOLA: I think she just left. CHAIRMAN McDANIEL: -- Elena is done. MS. MOLA: She just left, unfortunately. CHAIRMAN McDANIEL: She has to be present in the room. MS. MOLA: Yeah, she had to go. CHAIRMAN McDANIEL: If she has left -- MS. MOLA: She had to go to work. MR. MILLER: We'll go with nine minutes. And Ms. Mola will be followed by Barbara -- I'm sorry if I'm saying this wrong -- Gattore. I'm having trouble reading it. MS. GATTONE: Gattone. MR. MILLER: Gattone. Ms. Mola. MS. MOLA: Thank you very much, Commissioners. I always believe that actual numbers don't lie. And I've gone and provided three graphics to show you exactly how many residents, September 24, 2019 Page 88 how many cars live along the 3.5 miles from Immokalee Road to Vasari on Livingston Road where Allura is proposed to be constructed. In connection with the proposed Allura project, there is no justifiable overwhelming public good or need served from a violation or amendment to the Growth Management Plan and zoning laws. Rather, it only benefits one or two private parties at the expense of and with the opposition of over 7,000 residents that live within a 3.5-mile Livingston corridor of the proposed project. The 3.5-mile segment already has approximately 8,000 cars traveling on Livingston Road. During rush hour, it takes residents 20 minutes to travel two miles from Veterans Highway to Bonita Beach Road. To the extent that a party with a financial interest claims the Allura projects are needed in that specific location because either there are not enough rentals in the immediate area or not enough affordable housing, such, in my estimation, is not accurate. There are current 12 apartment complexes -- there are currently 12 apartment complexes within two to six miles from the proposed Allura apartment project and over 75 private rentals, condos, townhomes, and single units currently available, which are significantly less expensive than the proposed Allura project even when you take into consideration the discount made for the affordable -- 28 affordable housing units which, I should add, they're only held for 30 days. Once those units are not filled by affordable housing individuals, they go back to market rate. As of 7 p.m. last evening, within two and a half miles east up to Tarpon Bay, Northbrooke Drive, and west to Arthrex at Goodlette and six miles south, i.e., to Vanderbilt Beach Drive of the proposed Allura project there exists 12 apartment complexes. They're all indicated in these red locators. September 24, 2019 Page 89 Assuming that they are composed of approximately 100 apartments each, that's a thousand rental units within two-and-a-half miles of this project, two-and-a-half to six miles. Additionally -- thank you very much, Leo. There are 75 -- as of last night, 75 rental units, private rental units, condos townhomes, and single-family available for rent whose monthly rentals range from $1,400 to 2,050 per month, amounts which are much lower per square foot than the proposed Allura project. Most of them are two-bedroom, two-bath. Of these, approximately one-third have been on the market for over 100 days. It tells you something about the actual need that we have here. Allura and Inspira monthly pricing is advertised at 1,642 for a one-bedroom to 2,909 for three-bedroom, three-bath. Of the 304 proposed units, again, Allura has proposed to hold 28 units for affordable housing for only the first 30 days of the complex rental at the approximately (sic) discount; however, such proposals did not appear in the original ordinance. I think that's been revised. But, again, that does not solve the fact that the current existing rentals available are much less expensive than what they're affording. The aforementioned available rentals do not even include the additional 325-unit Pine Ridge Commons project at Goodlette and Pine Ridge under construction and approximately three miles from Arthrex. So if we can go back to the -- if we can go back to this original. We see that, again, within the three-and-a-half mile section from Immokalee to Vasari, which is at the line at Bonita Springs -- and there's nothing we can do to Bonita Springs. Mr. Dalby said something to the effect that Livingston is a three-mile highway on either side, and it's not. It's only two lanes. And Veterans Highway is just a little two-lane road, okay. We've got Mediterra with 950 units of approximately 1,900 September 24, 2019 Page 90 residents and cars. We have The Strand, 1,300 units of approximately 2,600 residents and cars. We have Talis, 550 units of 1,100 residents and cars. Enclave, 38 units of 76 residents and cars. Delasol, 300 units of 600 residents and cars. Carlton Lakes, 375 units of 750 residents and cars. Camden Lakes, 157 units, 300 residents and cars. And this does not include the traffic from the new high school, the Oakes Farm, which is scheduled to have 500 employees and sit 300 patrons at their counters, the new school, the regular Collier -- anyway, Bonita traffic that goes along I-75. Again, ask us, any of us who live right there. And when we take a right on Veterans to go to Bonita Beach, it takes us 20 minutes to go two miles. I don't know anywhere in the county -- and I wish somebody would tell me -- where there are over 8,000 residential cars in a 3.5-mile segment. Thank you very much. MR. MILLER: Your next speaker is Barbara Gattone. She will be followed by Robert Pritt. CHAIRMAN McDANIEL: Yeah. We're going to stop after Barbara and go to lunch. MR. MILLER: All right, sir. MS. GATTONE: I wanted to talk just about one mile of Livingston Road. That gal did a great job. I'm going to start at Royal Palm Academy, which has 288 students mostly driven there by their parents. Across from that, you have Delasol, Camden Lakes, and North Naples Middle School. There are over 1,098 students there, and many of them are driven to school as well. You have the communities of Verona Pointe, Barrington Cove, and our beautiful fire station. Across from the fire station is a proposed community of another 130-some homes. The Archdiocese September 24, 2019 Page 91 of Venice owns 50 acres on that side as well for a planned senior living. At this point Livingston Road is three lanes north and south. When you cross Veterans, it becomes two lanes very quickly. Veterans Highway -- it's not a highway. It's sort of like a country road; two lanes west where the new high school will be for 2,000 students. That school alone will generate 400-plus cars every day, just the school. If you head east on Veterans, you have Talis Park and The Strand along with Barrington Cove using that stretch of highway. It is our understanding that the Allura project will have its entrance and exit on Veterans Parkway. That is going to totally impede traffic on that road. The project does not complement. It doesn't lend anything to the area. That is one mile from Royal Palm Academy to Veterans, and that's a lot of growth. Thank you for your time. CHAIRMAN McDANIEL: Before you go away, Ms. Barbara. MS. GATTONE: Yes, please. CHAIRMAN McDANIEL: Look at me. Right here. Right here. Your name and your last name, please? MS. GATTONE: Barbara. Last name is Gattone, G-a-t-t-o-n-e. CHAIRMAN McDANIEL: Thank you very much. I didn't pick that up at the beginning, so I always want to ask at the end. MS. GATTONE: Thank you, guys. CHAIRMAN McDANIEL: And we will take a one-hour lunch, back at 1 o'clock. (A luncheon recess was had from 12:00 p.m. to 1:00 p.m.) CHAIRMAN McDANIEL: Mr. Chair, you have a live mic. I was just helping you. MR. OCHS: Thank you, sir. September 24, 2019 Page 92 COMMISSIONER FIALA: We could get this real quickly without the other two. CHAIRMAN McDANIEL: I'm thinking. Just the three of us. COMMISSIONER FIALA: Oh, wait a minute. CHAIRMAN McDANIEL: There's Burt. All right. Mr. Troy, let's go with our public speakers, sir. MR. MILLER: Your next speaker is Robert Pritt. He's been ceded additional time from Tim Richards, who -- (Raises hand.) MR. MILLER: And also from Tony Giles -- (Raises hand.) MR. MILLER: -- who is also here, for a total of nine minutes, and Mr. Pritt will be followed by Susan Mulgrew. CHAIRMAN McDANIEL: Go. MR. PRITT: Thank you, Mr. Chair, members of the Board. My name is Robert Pritt. I'm an Attorney with Roetzel and Andress law firm. I represent Mediterra Community Association, Inc., which is the master association for Mediterra located on the west and the east side of Livingston Road north -- north of Veterans to the northwest and immediately north of the proposed development. Mediterra has also engaged Dr. David Depew, Depew -- he's an AICP lead and AP, I think that is -- that means he's a good planner -- Dr. Depew, to review the proposal. He has testified at the previous hearings on this subject, has submitted a planning analysis, and is here to provide expert testimony. Mediterra is a mixed-use residential PUD, 1,168-plus acres with 750-units density. It is primarily single-family homes with some detached coach homes. We had testified earlier in your transmittal hearing and at the Planning Commission hearings that this proposed development is inconsistent with your Growth Management Plan. This board did September 24, 2019 Page 93 approve for transmittal the ordinance amending the GMP to create a subdistrict to allow this particular apartment rental development with a maximum density of 304 units and a three-story maximum height. It's my recollection that one or more of you indicated that that would be a maximum, and that did not necessarily mean that you were going to rezone at that maximum. We continue to have several issues. Primarily it is density, in plain language, and you've heard this from others, but it's still too dense at 304 units at that location. It's too much on too little property, buildable ground, for a good quality of life. It far exceeds permitted densities in the surrounding developments. Your staff report shows the densities in the surrounding developments, and those densities range anywhere from about .46 in Mediterra to up to -- and this is up to about 4.0 dwelling units per acre. We don't think that Della Rosa will ever be built because here they are asking for something that is not Della Rosa. It was allotted seven dwelling units per acre for other reasons, and we are thinking it's being misused now as a basis to justify even further increases. Even giving credit to the existing Della Rosa PUD, the density would be about 190, give or take a unit or two. The applicant, we think, makes a weak argument for "entitlement" at 7.0 DUA, which yields 249 units, not 304. And the rest of it is a sweetener. I think it was a -- he said frosting on the cake for 52 units which now is trying to convince you that it's a good idea to put the so-called affordable units. I don't think they're really qualified as affordable units, but that's sweetener on a cake. Our problem is the cake itself is not good. There's simply no good reason to allow 304 units. The GMP, even as amended, as I said, puts an upper limit on the proposed development at 304. With due respect to the staff's report, the planning staff September 24, 2019 Page 94 apparently does not recognize the importance of external compatibility. That is, how does it fit in with its neighborhood? Not internal, which we talked about with inside the PUD, but externally. In this case, and in other cases it's had before you, it has recommended approval of development that results in high- and medium-rise structures to butt up close to adjoining single-family homes. This board has wisely done something about that in the past, but it is a problem. We think that the game -- you've been gamed a little bit in that -- or maybe a whole lot, in that they started out asking for 420 units and now they're all the way down to 304. That's not the way you should look at it, in my opinion. You should look at it starting at .4 and going up, if you think you need to. Four units per acre is what maybe they would be entitled to, but think about how far -- they need to make a really good case for going up any higher than that. And the affordable housing thing, we see that as a veiled threat. We're used to veiled threats in some of these hearings, and hopefully you see what that is for what it is. The other issue is incompatibility. The type of the development that is densely built multi-family is incompatible with the existing neighborhood patterns and the prevailing single-family or low-density coach homes in the areas. Simply put, although it looks like it's a good project by a good builder and so on, it's just in the wrong location. The subdistrict is -- in my opinion is spot planning in order -- spot planning in order to create spot zoning, and the PUD is spot zoning in that it is trying to satisfy the requirements of a developer, and you went all the way to creating a subdistrict to satisfy a developer's -- single developer's plan for a property. That's backwards. The way it should be is we have zoning, and people should be following the zoning in order to decide where they're going September 24, 2019 Page 95 to do their building. So even though it might be an okay project one place, then it's not an okay project in the wrong place. And if you look at your own Growth Management Plan and your own ordinances up until this date, you have a strong affinity for having very low density type of housing in that whole particular area that we're dealing with. So it's a -- it's an incompatibility issue. And, by the way, the GMP requires not only that the development be compatible but also be complementary. You've heard some people talk about that. Complementary to the surrounding neighborhood. As we've stated before, even the GMP amendment does not satisfy that GMP requirement, and that makes the GMP itself internally inconsistent. We would like to have you ask yourselves what is the proposal, not who is the applicant and the team. Again, no problems with the particular applicant, but what is the proposal. And, secondly, why must the county change its regulations to accommodate a single owner or developer rather than the owner developing in accordance with its existing regulations? Is the -- third, is the proposed development consistent with the compatibility and complementary requirements of the GMP? We think not. And, four, is there really a compelling case for allowing an increase in density anywhere near the extent desired? So, in conclusion, Mediterra respectfully requests that this board deny the proposed GMPA for a subdistrict solely to accommodate this development plan and that it deny the proposal to rezone the property in accordance with the RPUD request. Alternatively, we would ask the Board to continue the hearing to give the applicant the option of presenting a request that is less dense and more compatible with this particular neighborhood. September 24, 2019 Page 96 I'll be glad to try to answer any questions. CHAIRMAN McDANIEL: Thank you, sir. MR. PRITT: Thank you. MR. MILLER: Your next speaker is Susan Mulgrew. She'll be followed by Mark Roos. MS. MULGREW: Thank you. Good afternoon to all the commissioners, to their hard-working staffs -- CHAIRMAN McDANIEL: Say your name, please, Susan. MS. MULGREW: I'm going to get to that. I'll say it now, though. CHAIRMAN McDANIEL: I'm sorry. MS. MULGREW: -- to the members of the Planning Commission who were diligent in their research and true to their mission by sending a no-approval vote to this committee on Allura last month. My name is Susan Mulgrew, and I'm the President of The Strand Master Association. Our community, as you probably know by now, is located between Immokalee Road and Livingston Road. We are a 20-year-old community of 1,073 residences with more than 2,000 residents, and the majority of those are voters in this county. We are a year-round community. We are -- our neighborhoods have school buses. Our residents volunteer in your hospitals and schools, we are business owners, and we are voters who care about this community and its development. Right now we are most concerned and, yes, I would even say frightened about what to expect in the future. Collier has always prided itself on planned development, not the helter-skelter building that has ruined so many other beach communities all through Florida, and I think you can all probably think of something that you've visited. But it appears that Collier may now be lowering its standards September 24, 2019 Page 97 and abandoning its mission by giving into developer requests like the one before you today. I could go on and on about the density of Allura, which we all know is way too high, but I think that's been well covered. I could speak about traffic congestion; already a nightmare which Allura will make worse. You've had lots of testimonials to that. I could remind you that there's no affordable housing which there -- that there is not affordable housing, which we do agree, we all agree that we need in Collier County. But luxury residences unaffordable to many are not what we need here and not in this project. And I would, once again, mention that Allura, as you just heard, does not the fit into any development plan for this area. However, I will skip all the details of those things and make one final point, and that is your duty to adhere to the development plan for the county, which was a promise made by Collier County to all residents that our communities would, in fact, have controlled development. Your own planning committee, those smart folks who understand the plan, because they work with it every single day and review it, have sent -- have said no to Allura because it does not fit, does not meet density, and all the other nots that you've already heard. CHAIRMAN McDANIEL: Thank you. MS. MULGREW: So now -- CHAIRMAN McDANIEL: Thank you. MS. MULGREW: Oh. CHAIRMAN McDANIEL: You're -- MS. MULGREW: Sorry. CHAIRMAN McDANIEL: That's -- no, no sorry. I interrupted you a little bit. I thought you were going to be done sooner, so -- MS. MULGREW: Could I just say my last thing? CHAIRMAN McDANIEL: Go ahead. September 24, 2019 Page 98 MS. MULGREW: Okay. So now there's only one question left for today, and the question will be answered with your vote. Who is going to control the development of Collier County? Will it be our Planning Commission and you as commissioners, or will it be developers? CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Mark Roos. He will be followed by Katy Red -- Wrede, excuse me. MR. ROOS: Good afternoon. I'm Mark Roos. I live on Buonasera Court in Mediterra. And thank you for the opportunity to address the commissioners. My greatest concern about this project is from a public-safety perspective, particularly first responders. You may have seen on one of the charts from the previous speakers that Livingston Road runs parallel to 75. That gives Livingston an unusual situation. When there's an issue on 75, Livingston is the bypass route for traffic. And so we regularly, as residents along there, see traffic backing up, particularly in the afternoons and in some cases crawling along that stretch between south of the fire station and Bonita Beach Road. And I've actually filmed that and sent the commissioners, particularly Commissioner Solis, some video of that situation on a typical afternoon in season. I'm very concerned about that situation. I walked Livingston Road during one of those episodes, and I really, quite frankly, wondered how the fire station responders would get to my house if there were a fire or an emergency circumstance. All those communities along Livingston are only accessible from Livingston. There's no back entries to them. And this situation will only make that much more complicated, adding that many more vehicles to the intersection of Veterans and Livingston and further complicating any kind of first responders in September 24, 2019 Page 99 those communities. I understand all the arguments in favor of higher density housing. This is the wrong location from a public-safety perspective, and I urge Stock to look at other alternatives. Thank you. MR. MILLER: Your next speaker is Katy Wrede. She has been ceded additional time from LaFonda Miller. (Raises hand.) MR. MILLER: And James Miller. (Raises hand.) MR. MILLER: And Arnold -- MR. SASLAVSKY: Saslavsky. MR. MILLER: Thank you, sir -- for a total of 12 minutes, and she will be followed by Zannos Grekos. CHAIRMAN McDANIEL: I'm assuming Mr. Saslavsky's here, because he couldn't get his -- I didn't see a hand go up. He's the only one that could say his own name, so outstanding. MS. WREDE: Good afternoon. My name is Katy Wrede. I'm borrowing glasses because I went out without my own. So thank you for the time and thank you for your time and your consideration today. I live in The Strand, and I stand here before you not as one concerned citizen but as a representative of over 2,000 neighbors who live in my community, many of whom you have received letters and emails voicing their opposition. Frankly, I don't understand why we're back here again before you when your Planning Commission, which consists of appointees, your appointees had the good sense to see through this thin veil of pretense Stock is presenting and voted against it, as should have happened the first time around. I'm not sure what is at play here; however, I'd like it noted that zoning laws according to the Growth Management Plan Collier September 24, 2019 Page 100 County has in place can only be disregarded if there is public benefit. I don't for a minute think any of you or any of us believe that Allura is for public benefit. We already know it is not affordable housing, which is sorely needed, but rather luxury apartments. Their generous concession of 28 out of 305, really? For 30 days? Even Arthrex and NCH employees, both of have made pleas to you and are playing on you, if their potential employees did their homework and were wise and intelligent, which I'm sure they would be, believed they would realize that if they could afford these rents, they can find rents from 14 other places in the area at more square footage for less of a price. There are numerous, as Elena Mola pointed out one-, two-, and three-bedroom places at greater square footage for better prices available. And if they could afford that rent rate, they would also find home sales available in the area and will be more likely to buy a home where they wouldn't have to pull out onto Livingston and face that traffic as well as Immokalee's to get to work at either of those places. The NCH CFO said Save a Heart, Save a Brain minutes from the hospital, even though it's just miles, it takes 20 minutes on a good day with no traffic to get to the NCH on Immokalee. I live there. I use this. If you as public servants truly care about Collier County, whose homeowners provide 75 percent of the revenues that run this county, you would not be influenced by this "build it and they will come" argument, which is so far out of compatibility with the surrounding neighborhoods. No need has been proven since there's currently no apartments in the area that are full with a waiting list. They all are at 80 percent capacity with more coming online and more available. If we hope to attract new businesses to the county and the September 24, 2019 Page 101 employees that need the housing, then we must first build in a thoughtful manner that accommodate these employees in every sense. No potential employee would desire to sit in traffic on I-75, Immokalee, Bonita Beach Road, or Livingston. All you have to do, as was just alluded to, is watch WINK News in the morning, as I do, to see that they divert traffic from I-75 every time there's an accident, which is almost every day. Let me elucidate about the traffic analysis and trip generation that the county uses, which obviously is flawed and needs to be updated and does not paint the reality that is not just during rush hour in season. Over 7,000 residents, all with more than one car, already use this very small quadrant of I-75/Immokalee/Bonita Beach Road. If you expand that area to Vanderbilt Beach Road, which has more than new seven (sic) developments that have been built in the last six years, right now we cannot get out on Veterans or Immokalee before we add another 600 cars from Allura. Let me elucidate that little stretch of Veterans road -- it's been called a highway and many other things this morning. It is a half mile or less from the stoplight at Livingston and Veterans to the dead-end at the east. On that little half-mile of two-lane road, one going each way, there are three neighborhoods: The back gate of Talis Park, the back gate of Strand, and the gate of Barrington Cove. We would now be adding the main entrance and egress for Allura on that same little half-mile two-lane road that right now, when the construction traffic comes in, is a dead stop. People pass each other and almost kill each other head on. We were walking the other day. In just 20 minutes walking down that little stretch of Veterans, that little half mile, a sheriff stopped three people for speeding where, when landscapers from Talis Park are trimming the trees, they put up cones, it is a one-lane road with two-lane traffic. It is a nightmare. September 24, 2019 Page 102 All of this traffic is before we talk about Oakes Farm coming on next November, the high school in 2023, not to mention all the other new neighborhoods that are coming. The last week of July I was driving down Bonita Beach Road in a flash rainstorm. Bonita Beach Road was flooded, and cars were hydroplaning, so no one could move east or west. Likewise, nobody could move north or south on Livingston, where I wanted to turn right, and traffic was blocked up all the way to Veterans, and this was not during season. This was the last week of July. How is waiting until we trip a failure good planning? All we need is more cars, more cement, and nowhere for water to go. How is that being a good steward of our community? We lose yet more wetland area with this development. We all know that Collier County, despite collecting the mitigation fees that Stock is only too happy to pay to get what they want, is not able to use that money to keep up with the multitude of problems continued overdevelopment are only exacerbating. So who stands to win and who stands to lose? Your code of ethics states something like, quote, it is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contributes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve and to be good stewards of the tax dollars entrusted to them. The traffic is at capacity, the schools are at capacity. The roads at capacity. The Fire Department is there blocking the road with the yellow light. People drop off their kids and make U-turns before and after school. The sewage is at capacity. Let's not forgot that during Irma the county was unable to pump our sewage lift stations. Bonita Beach Road was flooded for a month, and that's before we added this new development. September 24, 2019 Page 103 This, we fear, appears to be more a matter of somebody being self-serving in bed with Stock and doing their bidding. So my question is, who is running Collier County, the Commissioners or the developers? Because every time Mr. Yovanovich gets up and asks for rezoning, he seems to get it. Stock comes in, buys up valuable land, and then wants it rezoned so they can overdevelop for one benefit only, theirs, their greed, not the public's benefit. They knew how this land was zoned when they bought it. Are we to believe that Collier County politics are so corrupt that the rich and powerful developers act as nothing more than lobbyists who promise something as long as you give them what they want, while we, the not-so-powerful taxpayers, citizens, suffer the burden of such unethical decisions? Allowing Stock to build at a density higher than is compatible or necessary is unacceptable and, in my opinion, unethical. Approval of this project does not comply with zoning laws, does not comply with the Collier County Growth Management Plan. We petition you to ensure that the development projects are approved only if they comply with growth and management planning zoning. Continued approval of such spot zoning by you has got to stop; otherwise, what other options do you leave residents other than to control government management and zoning laws in our own community? Incorporation and self-rule? All the red you see here today is for stop. Stop this today. Thank you. MR. MILLER: Your next speaker is Zannos Grekos. He will be followed by Edwin Gorelick. MR. GREKOS: Good afternoon. And whoever pronounces my name, I love it. You do a great job. MR. MILLER: Thank you. September 24, 2019 Page 104 MR. GREKOS: Thank you. There you go. Zannos Grekos. I'm a resident of Barrington Cove. I've been present at the commissioner meetings and the planning meetings, and I have a piece to say. So thank you for entertaining me, and thank you for your patience today. As you know, the Planning Commission rejected the GMPA. One of the commissioners changed their vote. Staff alluded there might have been another commissioner would have changed his vote. All three commissioners, including the Chairman, had issues with compatibility and density based on this project. I wanted to encourage Commissioner Saunders to ask his question again as to what -- what density entitlement the 20 additional acres would have if it gets rezoned. And from my understanding, it would be four. The additional three would be discretionary. And that was very professionally put forth by Commissioner Strain at the planning meeting when Mr. Yovanovich alluded that it might be a gimme to get the additional three units. And a lot of that had to do with the fact that the commercial piece on the corner is a C1, which is a professional building, so putting in pedestrian traffic and vehicular connections to Allura really wouldn't amount to much of a savings as far as traffic on the road as well as there not really being a CAT line to put a bus station there, so I think that that was important. The high school that's going in, most -- the average parking spaces for the high schools in Collier County is over 400 parking spots. That's seniors and staff. There's students that park on the grass and on sidewalks and additional green areas because there isn't enough parking spaces, and that doesn't include the parents that pick up and drop off. There's a 400-unit apartment building that's being built currently on Bonita Beach Road. We realize it's outside of Collier County, but September 24, 2019 Page 105 those are people that are going to be using Livingston and 75 to get into Collier County and to leave. Immokalee Road is less than 200 vehicles before it reaches capacity between Airport and Livingston, and that's going -- that's already happened if you look at the numbers based on where this was taken about a year ago. I'm a retired cardiologist. I worked at NCH. Code Save a Heart is not at the north campus. Code Save a Heart is downtown, so building any additional apartments in that area really doesn't make much of a difference, number one. Number two, staff for Code Save a Heart is there during the day. So being within a certain amount -- period of time from the hospital is really after hours and on weekends. So traffic and distance really doesn't play that much of a part to it. The fire station, we all know that it gets blocked, and the worry is not only how are these first responders going to get out but also how are they going to get in -- how are they going to get into these developments on Livingston when traffic is blocked all the way up to Bonita Beach Road? They'll have to head north against traffic on the opposing lane, and that puts a lot of lives in jeopardy. CHAIRMAN McDANIEL: Thank you. MR. GREKOS: Thank you very much for your time. MR. MILLER: Your next speaker is Edwin Gorelick. He'll be followed by David Depew. Mr. Gorelick? (No response.) MR. MILLER: Mr. DePew. Mr. DePew will be followed by Alex Markley. DR. DEPEW: Good afternoon, Commissioners. David DePew. CHAIRMAN McDANIEL: One second, Mr. Depew. Is Alex here? Come to that podium, please. All right, sir. DR. DEPEW: As Mr. Pritt indicated, I have been retained as a September 24, 2019 Page 106 planning expert by the Mediterra Community Association, and I'm here in that guise today before you. I have reviewed and analyzed -- CHAIRMAN McDANIEL: One second, Mr. Depew. Mr. Saunders has a question. COMMISSIONER SAUNDERS: Just a procedural question. Does Mr. Pritt want us to recognize him as an expert -- MR. PRITT: Yes. COMMISSIONER SAUNDERS: -- and if so, you need to make that -- I would assume you'd make that request. MR. PRITT: Yes, I did. MR. MILLER: On mic, sir. MR. PRITT: In my talk I introduced him, and we would like to have him as a planning expert, yes, sir. CHAIRMAN McDANIEL: He did say that. COMMISSIONER SAUNDERS: I know he said that, but he didn't ask us to recognize him as an expert, and I think -- I'm willing to do that based on his prior testimony. MR. PRITT: Yes. Thank you. DR. DEPEW: I've reviewed the proposed Growth Management Plan amendment, and I have concluded that even with the additional material submitted by the applicant, that it is not consistent with -- the adoption of the amendment would not be consistent with the requirements of the Florida Statutes as applied to the amendment of Comprehensive Plans. Specifically, it fails to be relevant, and based on relevant and appropriate data and analysis, it fails to react to the existing data and analysis in an appropriate fashion, it's not based upon the demographic foundations of the Collier County plan, it will create internal inconsistencies within the plan, it fails to coordinate with other governmental agency plans in the area, it fails to adequately describe and characterize the existing land uses in the area, it fails to September 24, 2019 Page 107 support a range of housing choices, and it fails to support the provision of housing for all current and anticipated future residents within the jurisdiction. The amendment requested is unnecessary. It fails to demonstrate any kind of real deficiency which it is intended to address. Subject property has an economically viable and reasonable use. The applicant can achieve a reasonable density through the utilization of the existing provisions of the Growth Management Plan. Compatibility and complementary features associated with adjoining and proximate development will not be achieved based upon the current development plans. Based upon the surrounding land uses, the requested density of eight-and-a-half units per acre is roughly a density increase of 2.3 -- 2.13 times up to 13.36 times the existing densities that are in the area approved for development. As of September 2017, the Community Housing Plan estimates that the housing demand for extremely low, very low, and low-income housing, would be approximately 1,618 dwelling units per year. The applicants have not provided any basis for a waiver or elimination of the existing policies that would provide for bonus density when providing for this type of housing. It is this failure that creates the basis for the conclusion that the request is not supported by the data and analysis in the plan and that it is internally inconsistent with the adopted policies of the Collier County Growth Management Plan. The elimination of the requirement for extremely low, very low, and low-income housing which is part of this request, is simply unsupported by the evidence that has been provided. On behalf of my clients, I would respectfully request the County Commission decline the application of the proposed amendment based on its lack of necessity to do this and the lack of data and September 24, 2019 Page 108 analysis. If the Commission decides, for whatever reason, that they would consider adoption, I would request that it be an upper limitation of not more than four units per acre with a zoned height not to exceed 35 feet and an actual height not to exceed 45 feet in order that the resulting development is complementary and compatible with the surrounding neighborhoods. Thank you all. CHAIRMAN McDANIEL: Questions? (No response.) MR. MILLER: Mr. Chairman, your final registered speaker for this item is Alex Markley. MR. MARKLEY: Alex Markley, and I have lived at The Strand for about nine years, and I'm going to make this very short, less than a minute. I was overwhelmed with all the testimony today against this project. I hope you were because I'm telling you, sitting down with people at lunch today, we're very discouraged. Do the right thing. Support us. Thank you. MR. MILLER: That was your final speaker, Mr. Chairman. CHAIRMAN McDANIEL: Thank you. MR. YOVANOVICH: Is it appropriate for rebuttal from us at this point? Mr. Chairman? I believe it is. I just want to make sure. CHAIRMAN McDANIEL: Well, really, personally, I mean, there's no -- there's no need for rebuttal for public speakers. I mean, the expert witnesses, if there's something that was substantively said by the expert witnesses, then yes, but -- MR. KLATZKOW: He's entitled to a rebuttal if he wishes. MR. YOVANOVICH: I just wanted to make sure this was the time for me to stand up and say I'd like to have a rebuttal. CHAIRMAN McDANIEL: Do you wish a rebuttal? MR. YOVANOVICH: Yes, sir. CHAIRMAN McDANIEL: Then go. September 24, 2019 Page 109 MR. KLATZKOW: It may not be a great idea, but he's entitled to it. MR. YOVANOVICH: A couple of things, a couple of things. I want -- Bob's going to get up and talk about some of the comparable and compatible testimony, but I just want to talk a little bit about the affordable housing testimony you've heard from the community because it's not accurate that we're not providing affordable housing through this essential service personnel commitment and the income restriction. This is your table. And if you can go in, Leo, you'll see that the 80 percent threshold is your low category for affordable housing, and you'll see that your 100 percent threshold is your median income for your affordable housing categories. So we are, in fact, providing affordability through the commitment to income restrict 28 of the 55 units. Also, we've agreed that, from an essential service personnel, teachers, nurses, and the like, firefighters, all the people we want to live in our communities, that we are going to market to them 55 of the units. That's coincidentally every unit above the seven units per acre that Mr. Weeks, your Growth Management Plan expert, has testified is allowed to be requested under the Growth Management Plan. And he said that he believed that that was consistent with the Growth Management Plan, and it would be hard pressed to be denied, and staff would support it. Your staff is supporting that number at 304. Mr. Depew just got up there and told you we didn't use the affordable housing provisions in your code that would allow us to go to 16 units per acre under your Growth Management Plan. We went to a hybrid that is different, and you're allowed to ask for Growth Management Plan amendments. There's no question. September 24, 2019 Page 110 There was testimony like this commitment was only a 30-day commitment. Well, that's not factually correct. And what I want to do is I want to bring up Catherine Cardoza, who you've heard from before. She works for Greystar. She is renting -- her company represents the renting company at Inspira. Her company also is involved in Addie's Corner, Addison Place on Immokalee Road, to show you how the percentage of residents that actually meet the ESP category that are moving into and living into these communities. Because people are trying to argue that we're really not going to have that level of housing available to ESP, essential service personnel housing. So I'm going to bring Catherine up, or Cat, up real quick to talk about that. CHAIRMAN McDANIEL: Before you go away, Commissioner Taylor has a question. And then -- is your question for him? COMMISSIONER SOLIS: Yeah. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: Usually -- it's my understanding there's a time frame. It's not first come, first served. That's what you're proposing? MR. YOVANOVICH: Correct. COMMISSIONER TAYLOR: If people of essential service don't show up, we're going to rent it to someone else. Usually there's a time frame around it. MR. YOVANOVICH: Well, that's -- actually -- COMMISSIONER TAYLOR: It has to be dedicated over several years. MR. YOVANOVICH: Well, actually, what we had proposed -- and Bob will bring up the language. We had proposed that the commitment would remain in place for 15 years. Ave Maria, when it had its affordable housing obligation, had the very same provision for rental housing. If you couldn't find a qualified renter, or in their case September 24, 2019 Page 111 buyer, you could then go to a market-rate person. This is not unprecedented to do that, but the commitment is there that as each unit becomes available, again, it will be available to ESP first. No different than what we did in Briarwood and what we've done in other communities where we have done set-asides for essential service personnel. And I know you've been involved in a few of those. I know Commissioner Fiala and I think Mr. McDaniel and Mr. Saunders and Mr. Solis have been involved and know the projects where we've set aside essential service personnel first come, first served. But really I want to -- I just want to show you that people are, in fact, moving into Inspira and into Addison Place who are essential service personnel. So this isn't a fictitious commitment that is not going to be utilized. CHAIRMAN McDANIEL: Does that suffice for your answer from him? COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: Can I go to -- MR. YOVANOVICH: I'm sorry. CHAIRMAN McDANIEL: One second, Ms. Candace (sic). MR. YOVANOVICH: My bad. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I want to make sure it's clear in the record what the commitment is time-wise. You just clarified that it's a 15-year commitment -- MR. YOVANOVICH: Correct. COMMISSIONER SOLIS: -- to provide these 55 units; 28 would be income restricted. The other ones wouldn't be income restricted. But there's references to 60 days and 45 days -- MR. YOVANOVICH: The 60 days is the initial marketing period when -- you know, as we're leasing up, what Inspira's going September 24, 2019 Page 112 through right now. During that 60-day period, we would target and market essential service personnel for those 55 units, and the subset of that would be the 28 units income restricted. As each unit becomes available, a tenant moves out, that's where the 30-day period would go in to target and market -- COMMISSIONER SOLIS: Is it thirty or 45? MR. YOVANOVICH: Oh, is it forty-five. MR. MULHERE: It's on the screen. Forty-five. MR. YOVANOVICH: I guess he corrected my -- MR. KLATZKOW: Is this the entire Commitment? MR. MULHERE: No. They were discussing time frame. I have the entire time -- MR. YOVANOVICH: Yes. We're going to put it all over there. Put the whole -- MR. MULHERE: I can't. It's on different pages. COMMISSIONER SOLIS: Okay. Well, this was my question was -- MR. YOVANOVICH: This is -- yes, Commissioner Solis, you're correct, it's 45 days. MR. MULHERE: There's the entire commitment A. MR. YOVANOVICH: And then we'll add into the record the definition we talked about earlier from Mr. Giblin. CHAIRMAN McDANIEL: ESP? MR. YOVANOVICH: Essential services personnel definition that we talked to earlier. So hopefully this clarifies the commitment, the 55 units, the income thresholds, and the period of time for lease-up and re-leasing of. MR. KLATZKOW: But there's no commitment for reduced rent. MR. YOVANOVICH: Yeah, there is. Right there it says 28 of September 24, 2019 Page 113 those units will be -- (Simultaneous crosstalk.) MR. YOVANOVICH: -- income restricted to the households earning 80 to 100. MR. KLATZKOW: The language doesn't say what the rent's going to be charged. MR. YOVANOVICH: We can add language that says "consistent with the county's" -- because you have a table that tells us what we can rent for. And it fluctuates yearly depending on what your median income is. There's not a flat number that stays in place. MR. KLATZKOW: I understand what you're saying. I'm not -- this language doesn't do what you're saying is all I'm saying, all right? And during the break I had asked that this language be put in so that -- MR. YOVANOVICH: We will. And we're happy to add, based upon your rental rate table, that the -- that Collier County adopts annually. MR. KLATZKOW: Well, if -- Heidi, if you can get with staff so we can get the language the Board's actually going to be voting on before they take the vote. MR. YOVANOVICH: Okay. COMMISSIONER SOLIS: But the intent is to comply with whatever that rent is that's in the table that we saw before, right? MR. YOVANOVICH: This is the table right here. COMMISSIONER SOLIS: Right. COMMISSIONER TAYLOR: But it's my understanding that we don't recognize -- it's only owner-occupied that we recognize at 80 percent. MR. YOVANOVICH: No. Eighty and below you recognize rental. COMMISSIONER TAYLOR: Eighty and below, yes. But 80 September 24, 2019 Page 114 and above owner-occupied, which means this 80 to 100 percent doesn't apply to our rental program. But Corbin -- MR. YOVANOVICH: That's exactly why we're doing the hybrid approach. COMMISSIONER TAYLOR: But this is Rich Yovanovich's affordable housing. I'd like to hear from Collier County's expert to find out what -- standards you need to meet before we agree to increased density. The only carrot, the only tool we have in our box right now in Collier County to insist that we have affordable housing in developments is if you want additional density, you have to do A, B, and C. That's what we need. We don't need your hybrid. We need what we ask for. Other than that, we don't have an affordable housing program. MR. YOVANOVICH: Well, with all due respect, your affordable housing program has not been working. So the private sector is attempting to work with you to provide reasonably priced affordable housing to assist with an issue which is essential service personnel. That's why we do Growth Management Plan amendments. If we wanted to live within just the existing Growth Management Plan, we could come in and ask for up to 16 units per acre, and we could figure out what's the appropriate percentage of the project to try to get there. I don't think the community wants us to go to 16 units per acre. But we're trying to come up with a program that will work. And I don't think that -- I don't think you were done. COMMISSIONER SOLIS: Yeah, I wasn't quite finished yet. CHAIRMAN McDANIEL: Are you -- Commissioner Solis was not done yet -- COMMISSIONER TAYLOR: Excuse me. CHAIRMAN McDANIEL: -- before you jumped, so... COMMISSIONER SOLIS: Okay. So I want to make sure that I September 24, 2019 Page 115 understand -- that our County Attorney understands what it is that we're going to -- what your client's willing to do in terms of fixing the rents and how that's going to be calculated so that we know exactly what we're considering. MR. YOVANOVICH: What we envision is the table that you have in front of you right now that talks about what the income thresholds are, and if you go to the far right, you'll see it has the rent limitations based upon those income thresholds for efficiencies, which we're not asking for, but for one-, two-, and three-bedroom units, it tells you what we can rent those for. So we would incorporate this table and any future tables as you modify them into the ordinance. That's what we intend to do, and we'll work out that language with the County Attorney prior to your vote. COMMISSIONER SOLIS: Okay. That -- those numbers in the far-right table are the rents -- the rental limits by number of bedrooms -- MR. YOVANOVICH: Correct. COMMISSIONER SOLIS: -- based upon the 80 and the 100 percent of the median income. MR. YOVANOVICH: Correct. COMMISSIONER SOLIS: That's what the rents would be. MR. YOVANOVICH: Yes. This is your table. COMMISSIONER SOLIS: I mean, that seems pretty clear to me. MR. KLATZKOW: Well, yeah. But if somebody is at 93 percent are we -- is it going to be pro rata? I mean, what's -- I love doing things on the fly. So if something's going to be -- if they come in here and they're 93 percent -- COMMISSIONER SOLIS: They're not eligible. MR. KLATZKOW: Well, they're between 80 and 100, right? September 24, 2019 Page 116 COMMISSIONER SOLIS: Oh. MR. KLATZKOW: So their actual income that was 93, what number are we going to use? MR. YOVANOVICH: You know what -- MR. KLATZKOW: I just -- MR. YOVANOVICH: -- we'll do whatever Cormac normally does. If he prorates the rent because someone's at 93 percent, we'll prorate the rent at 93 percent. This is not -- this isn't (sic) something that you're already doing. COMMISSIONER SOLIS: Right. MR. YOVANOVICH: If we can prorate, we'll prorate. We'll follow whoever the rules are. COMMISSIONER SOLIS: What is it that we normally do with these? MR. KLATZKOW: We don't. I don't think we've ever had a blended project like this. MR. YOVANOVICH: You have affordable housing projects out there right now that have to meet this table. (Simultaneous crosstalk.) COMMISSIONER SOLIS: If this is the table that we use -- CHAIRMAN McDANIEL: Correct. COMMISSIONER SOLIS: -- there's always going to be a situation where it's not exactly 80 or 100. How do we deal with it? MR. YOVANOVICH: Yeah. My assumption is if -- I don't know. Ask Cormac. But I'm assuming that, you know, you come in and prove you make less than 100 percent, and then the rent is whatever the rent is. COMMISSIONER SOLIS: So -- COMMISSIONER TAYLOR: We don't do it with rentals. MR. YOVANOVICH: You don't what? COMMISSIONER TAYLOR: We don't do it with rental. It's September 24, 2019 Page 117 80 percent or below -- MR. YOVANOVICH: All right. So if someone came in at 79 percent, you would do the same thing; you would figure it out. MR. KLATZKOW: Look, we can get there. We just -- COMMISSIONER SOLIS: But we have a table that relates to rents, so how are we not doing this for rents? COMMISSIONER TAYLOR: I think we need to hear from Mr. Giblin. CHAIRMAN McDANIEL: Or Leo, one. MR. OCHS: Yeah, at the appropriate time, I'd like to ask Mr. Giblin, our housing manager, to add a little bit of clarity to this whenever the Board's ready. CHAIRMAN McDANIEL: Okay. Well, I think the Board's ready. Commissioner Saunders, do you have a different suggestion? COMMISSIONER SAUNDERS: Well, I have a question for -- CHAIRMAN McDANIEL: Well, actually, let me go -- Commissioner Taylor is ahead of you. I'm trying to keep some semblance here. Commissioner Taylor, your light is up. COMMISSIONER TAYLOR: The -- what I understand from our housing plan is that we do not grant increased densities for rentals at 80 percent or above. We wouldn't be here if the developer wasn't asking for increased density. CHAIRMAN McDANIEL: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: This may be a stupid question for Mr. Yovanovich, but you've got the 28 units. They'll be held out for essential personnel for 30 days. Let me give you kind of a scenario. You've got 28 units, let's say 25 of them are immediately rented out to essential personnel and three of them are not, so they go into the fair market. MR. YOVANOVICH: Right. September 24, 2019 Page 118 COMMISSIONER SAUNDERS: After that happens, some other unit in the building becomes available. MR. YOVANOVICH: Has to be marketed first to essential service personnel. We have to try to get to that 28. COMMISSIONER SAUNDERS: So that would be for another 30 days and then -- MR. YOVANOVICH: Correct. Forty-five -- it's 45 days. I got corrected. CHAIRMAN McDANIEL: Correct. Cormac, come on, please. MR. GIBLIN: Yes, sir. CHAIRMAN McDANIEL: We have questions. Commissioner Solis and I have questions with regard to how we manage the pro rata rental when someone doesn't hit the specific percentage. MR. GIBLIN: Sure. For the record, Cormac Giblin. I'm your Housing and Grant Operations Manager. The chart that you have on the screen is from last year, first of all. I want to make that clear. This is the 2018 chart. It lists all of the income limits by percentage of median income in the various income categories which go from extremely low up to gap based on what percentage of household income you are at. It listed the maximum household income limits for -- if you have a three-person household, then you need to be at the moderate income, that -- all three of you added together need to make less than $81,000 a year. That's how the chart works on that side. And then the corresponding maximum rent that's allowed to be charged is based on bedroom size, again, per the corresponding income limit that you're required to hit. The commitment that I understand is that there will be 55 units offered to essential services personnel that meet under that definition of occupations; 28 of those units -- was it 28? Twenty-eight will be September 24, 2019 Page 119 further restricted that they have to be in the occupational categories, and they will also be limited to between 80 and 100 percent of median income. In all reality, that means that they will be at the 100 percent level line. There's no -- there was -- there's not some percentage at 80 and some percentage at 100. It's between 80 and 100, and if you're above 80, you fall to the 100 percent line; 81 percent would qualify at the 100 percent line, as would 99 percent. So they would be restricted based on family size -- COMMISSIONER SOLIS: Okay. So that answered the question. So it's up to 80; it's what's shown on the 80 -- MR. GIBLIN: Correct. COMMISSIONER SOLIS: And then anything over 80 falls -- because it's 80 and under, 100 and under? MR. GIBLIN: Correct. These are maximums. COMMISSIONER SOLIS: Okay; okay. CHAIRMAN McDANIEL: And that's how we manage the 93 percent process. So they would be -- they would be qualified at the 100 percent chart. COMMISSIONER SOLIS: At the 100. MR. GIBLIN: Correct. COMMISSIONER SOLIS: That's what -- right. CHAIRMAN McDANIEL: That answers it. So, Commissioner Taylor. COMMISSIONER TAYLOR: While you're up here, I might as well ask you. What does our housing analysis -- I think we do it, what, every quarter? What does it -- what kind of housing do we need in affordable housing? MR. GIBLIN: The Board approved a -- or the Board accepted the Community Housing Plan in 2017, and part of that was an affordable housing demand model, which we brought back to the September 24, 2019 Page 120 Board in 2018 and approved the use of that model. That model looks at what's available in the market in existing housing, it looks at the gross need of housing that's demanded to be created as a result of wanting to reduce the overall cost-burdened households in the county by 1 percent per year, and it also assigns a need number to how many new entrants are moving to the county every day or every year at various income levels. I think there's -- 20 people move to Collier County every day. So there's a constant need for more housing units to be created. Again, like I mentioned, we then look at the current supply of units that are for sale or for rent in the market, and then we do an analysis to see where's the deficit. And the deficit occurs mainly, I think it was mentioned, at the lower income levels. We then further do a quarterly apartment survey where we call, physically call every apartment complex in Collier County. We ask them how many units do you have available, and what are your rents. From that we can determine how many are available at affordable levels or how many are available at moderate levels or median levels in the market on a quarterly basis. The last analysis we did the last quarter said that we had 558 units available that were in this 80 to 120 range in the market. These are open-market apartments that were available on the day we called last quarter. There were only 25 available that were at the less than 80 percent level. So there's a huge disparity there where there are very, very few apartments available in the market at the 80 percent or less, and there are several hundred available in the 80 to 120 level. We update that once a quarter, and it's on our website. COMMISSIONER FIALA: I'll just ask you a question. When you were talking about quarter, was that in the summer? MR. GIBLIN: That survey was taken on April 29th, 2019. COMMISSIONER TAYLOR: How did that change from last September 24, 2019 Page 121 year? Has it changed? MR. GIBLIN: It has tended to increase as more developments have come online. They've been named today, Inspira, Milano Lakes, some other developments, Addie's Place. So that has crept up the number that are available, again, but at the higher incomes. COMMISSIONER TAYLOR: At the 80. MR. GIBLIN: At the lower income we haven't seen any increase. COMMISSIONER TAYLOR: And what occupations qualify for the 80 and less? What -- name those occupations, please. MR. GIBLIN: Let's see. It would be -- 80 percent level would be teachers, firemen, construction workers. It would be a household of three at an income of $55,000 or less per year. I think a starting teacher makes about 42,000. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Very good. COMMISSIONER TAYLOR: And am I accurate in saying that according to our policy, we do not grant increased density for rentals above 80 percent? Is that accurate, or am I misspeaking? MR. GIBLIN: No, that's right. And if you were to get into the official affordable housing density bonus program through the LDC, which this project is not seeking those, density through that vehicle, you only can qualify for additional densities if you're doing units at 80 percent if they're rental. If you go above 80 percent, you can only qualify if they're owner occupied. COMMISSIONER FIALA: You said if they don't qualify, or this project doesn't qualify. Is that what you said, too? I didn't hear what you had -- MR. GIBLIN: As it's presented, if it's units that rent at 100 percent of median income, then they wouldn't qualify for density through the affordable housing density bonus. September 24, 2019 Page 122 CHAIRMAN McDANIEL: Density increase. COMMISSIONER SOLIS: But if it's 80 and below, it would. MR. GIBLIN: Correct. COMMISSIONER SOLIS: And we do, do that? MR. GIBLIN: Correct. COMMISSIONER SOLIS: But for the 80 and below? MR. GIBLIN: Correct. MR. OCHS: You have to apply to the program. MR. GIBLIN: And that would be -- it would need to be done through a rezone process with advertising for the density -- COMMISSIONER TAYLOR: Oh, yeah. It could be done, but that's not what they're asking for. MR. GIBLIN: Correct. COMMISSIONER TAYLOR: And I think I brought that up because we're allowing -- or we're considering increasing the density, and it's not for any kind of affordable housing because it's a rental -- a rental, and it's 80 to 100 percent. So if we're going to accept Rich Yovanovich's affordable housing plan, let's be very frank about it, but that's not Collier County's. CHAIRMAN McDANIEL: Thank you. COMMISSIONER SOLIS: But let me just -- we don't grant bonuses -- or the program doesn't provide for granting density bonuses for the under 100 to 80. It does for the under 80. MR. GIBLIN: For rental. COMMISSIONER SOLIS: Okay. MR. OCHS: What's the affordability? COMMISSIONER SOLIS: Would you make all of them -- all 28 of them under 80? I think that would answer the question. MR. YOVANOVICH: The irony -- the irony is if I do 28 units under 80, I meet your affordable housing program, and I don't need September 24, 2019 Page 123 my Growth Management Plan amendment because -- COMMISSIONER SOLIS: There you go. MR. YOVANOVICH: The bottom -- so we're happy to leave our Growth Management Plan amendment in place, 304 units, 55 units marketed to essential service personnel, and the 28 would be 80 or less. CHAIRMAN McDANIEL: Somebody write that down. Commissioner Taylor. MR. YOVANOVICH: Eighty or less. So we're going to call it the Rich Yovanovich and Commissioner Taylor affordable housing program. COMMISSIONER TAYLOR: Oh, no. You have to hear what I'm proposing. I'm proposing -- MR. YOVANOVICH: But I'm just saying, first of all, the answer to your question is the 28, 80 or less and that, I think, takes care of one of Cormac's concerns. COMMISSIONER SOLIS: So, Cormac, then we would be -- it would be complying with what we do allow for under the housing plan? MR. GIBLIN: It would be similar, yes. MR. KLATZKOW: Yeah. But we're limiting this to essential personnel 80 percent or less. But the housing plan is just 80 percent or less. It doesn't matter what your work is. MR. GIBLIN: I think we're heading in the right track. We would also want to be careful on the time periods, the -- how long. MR. OCHS: So is this limited by occupation type or just income qualification? COMMISSIONER SOLIS: It's the definition that the state was using, right? Weren't we going to use the -- MR. YOVANOVICH: The irony is, the state -- if I follow the state plan, I can go from 80 percent to 120 percent for essential September 24, 2019 Page 124 service personnel. But, you know, we're even trying to get more -- we're trying -- we're trying to meet a need for essential services personnel housing. COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: That was our goal was to meet that need, and that's why we did the restriction. If you want to open up who's eligible, that's fine, but we thought we were doing a good thing by targeting nurses and teachers and firefighters and police officers. MR. KLATZKOW: But it's a $42,000 floor. You may not find a lot of nurses and teachers making less than 42,000. COMMISSIONER SOLIS: We may not. MR. KLATZKOW: But if you're limiting it to essential services and they're opening it up for 45 days and they don't find anybody making less than that, you're never going to have it. That's all I'm saying. MR. OCHS: That's the difference between your certified program where the affordability for the units is 15 years regardless of the churn in the tenants. COMMISSIONER SOLIS: Right. I get it. MR. OCHS: Got it? COMMISSIONER SOLIS: And so I think somebody from the management company was going to speak. I'd be interested in finding out how -- what the management company's doing at some of the other facilities, how successful that's been in terms of renting to essential personnel. CHAIRMAN McDANIEL: And before you go, again, Catherine, Commissioner Taylor's light was on, and I apparently shut it off before I called to her. COMMISSIONER TAYLOR: You did. CHAIRMAN McDANIEL: But, of course, you jumped in one other time, so we're even. September 24, 2019 Page 125 COMMISSIONER TAYLOR: Mr. Yovanovich said this was my plan and his plan, but my plan would be 45 -- up to 80 percent median income, 45, and the rent would be 1,410 a month. It would be for 15 years. That would give you 259 units at market, which is greater than yours at 28, 27, 249. I'm talking about up to 80 percent median income, 45 of those, and then the market -- your market -- you'd be able to rent 259 at market rent. MR. YOVANOVICH: Commissioners, that's worse than your affordable housing density bonus program today. So what we're proposing and we think is -- CHAIRMAN McDANIEL: Worse is subjective. It's more -- it's more constrained. MR. YOVANOVICH: Well, it depends from your perspective, correct. But what we're proposing is 80 percent or less, which I think the low category, 28 of those units would be restricted to people making 80 percent or less of the median income, and I think Mr. Giblin just told me that he thought that was a good proposal and helps his need for that level of housing. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I think we're getting away from the real issue here, and that is, are 8.5 units per acre compatible in that community? And so I'd like to -- (Applause.) CHAIRMAN McDANIEL: Ladies and gentlemen, please. COMMISSIONER SAUNDERS: I'd like to have us kind of focus on that. If we determine that that's compatible and reasonable, that traffic there is not going to be greatly impaired and that sort of thing, then I think -- then we can talk about the breakdown of those units. I will tell you I did have the misfortune of trying to go to Lee County on Livingston Road at 4:30 on a Tuesday. It was in the September 24, 2019 Page 126 summertime, about a month and a half ago. It was a bright, clear day. No accidents. And that last two or three miles took me a half hour to get from that part of Livingston Road to Bonita Beach Road. So when folks say there's a traffic problem there, there's a traffic problem there. And so I think we need to talk about whether 8.5 units per acre is compatible. If we make that determination, then I think we can talk about how much of that's going to be affordable and at what levels. But I'm not so sure 8.5 units per acre is a rationale number for that area. MR. YOVANOVICH: And what I was hoping to do in my rebuttal when we got waylaid was to also address the traffic issue and the consistency with the county's traffic analysis. And I know Trinity's here and can back this up. She has previously testified that at eight-and-a-half units per acre, we are 100 percent consistent with the county's transportation analysis and do not cause any level-of-service failures on the county's transportation network. She will also, I'm sure, tell you that the intersection of Veterans Memorial and Livingston Road, when you improve it to the west for the high school, and, ultimately, to Old 41, will also require improvements on the east side, and we have an obligation as the developer to do our fair share of any impacts we have to that intersection as well. So from a transportation standpoint, we're 100 percent consistent with your evaluation criteria, and Mr. Depew even testified to that at the Collier County Planning Commission hearing on this matter. So I know you probably don't want to hear just from me, so if Trinity -- if you want to call Trinity up to talk about the transportation system, that would be -- CHAIRMAN McDANIEL: I have two more lights up here September 24, 2019 Page 127 before you go. I'm sorry, Ms. Catherine. I keep calling on you, and I keep stalling. MS. CARDOZA: That's okay. No worries. COMMISSIONER FIALA: Come up on, Trinity. Wait in line here. CHAIRMAN McDANIEL: Commissioner Solis, you had a question? COMMISSIONER SOLIS: While Trinity's coming up, I think, just to -- because I think Commissioner Saunders, kind of reframing the issue was a good thing to do. I mean, the way I'm reframing it is, okay, there's -- seven units an acre is -- I mean, I think we can say that that's -- that's there. The additional one-and-a-half units per acre are the 55 units that we're talking about in terms of trying to move the needle on affordable housing. I mean, this is -- I think what I'm looking at. And so I'd like to hear from Trinity about the traffic and improvements to both sides of Veterans. I mean, my office is in The Strand, so I come in and out of The Strand every day as well. I know -- I understand the traffic, and I routinely at the end of the day take a right onto Livingston to see what the traffic is like. So I understand what the traffic is. And I'd like to hear what the future holds in terms of improvements to Veterans and Livingston. Thank you. MS. SCOTT: Certainly. For the record, Trinity Scott, Transportation Planning Manager. Currently, Livingston Road north of Immokalee Road is operating at a Level of Service B, that is in the p.m. peak hour/peak direction. Remember, we do not analyze our level of service based on peak season. That is based on factors of looking at approximately 10 months of the traffic and coming up with what that p.m. peak September 24, 2019 Page 128 hour, peak direction, which in this case is northbound, is. So our level of service right now is a B. We have another parallel roadway, the testimony is correct, that if there's an incident on I-75, north/south roadways, U.S. 41 and Livingston right now are the only two opportunities to be able to have a diversion off of the interstate. We do have Logan Boulevard that's anticipated to open fairly soon, hopefully by the end of the year or shortly thereafter, which while only a two-lane roadway, is another connection point between Immokalee Road and Bonita Beach Road, so folks to be able to divert off of the interstate, whether that be Bonita Beach Road or Immokalee Road. With regard to Veterans Memorial, in your current Annual Update and Inventory Report we have construction programmed in Fiscal Year '22; however, in the AUIR that you're going to be seeing in December, we've been working very closely with the school. They need to have that roadway in place by August of '23. So we have accelerated that roadway to where it's now due to begin construction in Fiscal Year '21. We're looking at the project as a two-phase, if you will. From a permitting standpoint, we are able with the -- to do a permit modification with the existing permit that is for the existing little portion of the road there, to be able to get to the school, which will allow us to get that under construction quicker and allow for the school to be able to utilize it for their construction traffic. Meanwhile, we'll have a short lag while we finish permitting the remainder of the project to Old 41 as well as do our coordination with the railroad. We do need to work with them. So our commitment to the Collier County Public Schools is that we will have the roadway opened to the high school by August of '23, and then we will, shortly thereafter, finish the remainder of the roadway. September 24, 2019 Page 129 We're looking at building a four-lane roadway, and as part of our analysis, which right now we're just in the infancy of our design phase, is we'll be looking at the traffic data from the high school as well as taking this development's traffic data and making sure that when we build those intersection improvements at Veterans Memorial and Livingston that we're accommodating all of the anticipated traffic. So there may need to be additional turn lanes. They may need to be lengthened, the existing turn lanes. And that this developer as well as the school will be paying their proportionate share for those improvements. CHAIRMAN McDANIEL: Did you say when those improvements are coming? MS. SCOTT: They would be anticipated by June -- or before August of '23 for the school to be open. And -- CHAIRMAN McDANIEL: That's for the intersection improvements, not just the road? MS. SCOTT: That's the intersection improvements and down to the high school. As I said, onto Old 41 may lag a little bit just because that permitting process is going to take us a little bit longer. CHAIRMAN McDANIEL: I understand. I understand. COMMISSIONER SOLIS: And how does that relate to the completion of a new development on that stretch of the road? I mean, concurrency and all that. I mean -- MS. SCOTT: From a concurrency standpoint, if this development were approved for the PUD today and they came in tomorrow for their Site Development Plan, there's sufficient capacity on Livingston Road to be able to accommodate the traffic based on our rules and regulations in place. COMMISSIONER SOLIS: Okay. MS. SCOTT: There is in excess of a thousand p.m. peak hour, September 24, 2019 Page 130 peak direction trips left on Livingston Road. COMMISSIONER SOLIS: So just to make sure I understand, so the improvements to Veterans are anticipated to be finished by August of 2023? MS. SCOTT: Correct, for the intersection down to the high school. COMMISSIONER SOLIS: What -- if you have any idea -- I'm looking at the applicant's length of construction. How long is this going to take, or how long would it take? MR. YOVANOVICH: If we -- for the record, Rich Yovanovich. The anticipated construction start will be summer of 2020, correct? Okay. Beginning -- I'm sorry. Beginning of 2020 we would start construction. It will take 18 months to build the project, okay, and then another 18 months to lease it up. So by time -- it should come together pretty nicely that when we're full, the intersection would be up and operating according to Trinity's schedule to meet the school -- the high school's anticipated need date. CHAIRMAN McDANIEL: You okay? COMMISSIONER SOLIS: I still want to hear from the management company, and I keep getting in the way. CHAIRMAN McDANIEL: Yeah. Well, Commissioner Taylor, do you have a comment that you want to make? COMMISSIONER TAYLOR: Yeah. I want to rewind to the idea that we're somehow focusing this conversation on whether or not it is compatible and this density is appropriate. It's inexorably tied to what the petitioner brought forward, which is affordable housing. So we had to have this conversation, because it would be justified with affordable housing if it was real. But the other issue is, you may say that Veterans Parkway is going to be improved, but there's another problem with that, which September 24, 2019 Page 131 my colleague to my left alluded to, which is traveling on Livingston to the Bonita Beach Road. And the Bonita Beach Road, according to the FDOT who tried to work with the City of Bonita over about a two-year period, needs to be improved especially where it opens up to 41. And they at this point have not -- have not come together to do that. And so there will always be this traffic problem on Livingston. Always. Whatever happens going this way, Livingston to the north, the impede is -- the road that impedes it is the Bonita Beach Road. MR. YOVANOVICH: And I understand what you're saying, but you're going -- you deal with Collier County roads, and that's the only thing you have control over. And your expert has -- your own Transportation Planning Department has said there is sufficient capacity on Livingston Road to meet the Collier County requirements. You have a new road opening up on Logan that's going to take some of the trips off of Livingston Road that are currently there as bypass roads. But the reality is we are consistent with your Comprehensive Plan and measurements for transportation. I don't know -- we do know that Veterans Memorial is going to extend all the way to Old 41. That will help bypass some of the -- it will give other people an opportunity to go north through another mechanism to go north and avoid Livingston Road. We're consistent with the rules, and we are providing affordable housing. Eighty percent or less is a need that Cormac Giblin just got up here and said you need, and we said we're willing to meet that need. Eight-and-a-half units an acre near a residential community is not incompatible. You have it throughout Collier County. And I've said it before, and I've said it again, in the Pine Ridge community, which is RSF-1 zoning, immediately adjacent to the September 24, 2019 Page 132 RSF-1 zoning is RMF-16 zoning; 75-foot tall building right next to a 35-foot-tall building zoning. That is compatible. Eighteen units an acre next to one unit an acre is compatible. Your staff has testified that our 125-foot setback for a three-story building is compatible. Our density request is not incompatible with having single-family homes around us. You have a density bonus program that allows developers to come to you up to 16 units per acre for affordable housing. You have to decide. Do you really want the private sector to come in here and meet your rental housing needs and, in particular, rental housing for people making 80 percent or less of the median income -- you're going to have to decide if you really mean it and you want to encourage developers to do that. And if you want to do that, you're going to have to give additional density to make it happen. You have a developer who's willing to do that and meet your 80-percent-or-less threshold and be consistent with all your transportation requirements in the code. It's awfully hard for us to go back and try to find other developers who are going to want to come in and do this if the first one out of the chute is going to always get it's too dense, too much traffic, because I don't know where you're going to put it in Collier County where you're not going to have a neighborhood or a community that comes by and says, there's too much traffic on the road, please don't approve this. It's incompatible with our neighborhood when you've had several -- Briarwood's a perfect example; 16 units an acre was approved adjacent to the single-family and coach homes in Briarwood. That was compatible. We're compatible. You have Bob Mulhere's professional testimony to that. You have your planning staff testimony to that effect. And a couple of things I want to do housekeeping, and then Bob's going to get up here. I want to make sure Bob's been qualified September 24, 2019 Page 133 as an expert in planning, and I would like the Board to accept him as an expert in planning. I need the Board to do that. Somehow we did that for Mr. DePew. I want to make sure we do that for Bob. CHAIRMAN McDANIEL: Do we have to make a motion to do that? MR. YOVANOVICH: We haven't historically done that, but I just wanted to make sure I'm not somehow messing up by not qualifying him as an expert. CHAIRMAN McDANIEL: So moved. So done. MR. YOVANOVICH: And, likewise, Mr. Treesh's report and all of my expert reports, I request that those individuals who prepared those reports be qualified as experts so we have the expert testimony. COMMISSIONER SOLIS: We don't even do that in the courtroom anymore. So I don't know what we're -- MR. YOVANOVICH: I don't know why we did it here. Just in an abundance of caution, I just wanted to make sure I wasn't somehow missing -- CHAIRMAN McDANIEL: Before we go on -- COMMISSIONER TAYLOR: I haven't been able to respond to Mr. Yovanovich who's dominated the last five minutes of speaking. What I'd like to say to you, sir, is what you aren't compatible with is our Comprehensive Plan. What you do not comply with -- that's why you're here. That's why you've asked for amendments to what we have, or you wouldn't even be here. That's why you're asking for changes to our zoning, or you wouldn't be here. It you need four votes to do this, and that speaks volumes of past commissions who put that in place, because they realized the seriousness of this issue. And they said it's going not just be a majority to do this; it's going to be a supermajority. And I hope by the end of this day that we have another vote with me that will come and say, this is too much in this place. It's just too September 24, 2019 Page 134 much. It's a fine development, but this is the wrong place. CHAIRMAN McDANIEL: Thank you. Now, did you still want to hear from the rental management company? COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Catherine, now I'm calling on you, so we won't put you off. MS. CARDOZA: Hello. My name's Catherine Cardoza. Thank you all for having me here today. I do believe that we will be very successful renting to these essential service personnel only because the current data that I have not only at Inspira, actual current data in place, as well as for Addison Place right there on Collier and Immokalee. They're just slightly behind Inspira in the lease-up process, but we're both three-quarters of the way through it. CHAIRMAN McDANIEL: Are you doing Addison Place as well? MS. CARDOZA: My management company does, so same -- CHAIRMAN McDANIEL: The company. MS. CARDOZA: -- group, yep. I'm very familiar with the property and the project, and we work back and forth, have the same supervisors type of thing. Currently, Inspira has 22 percent of our demographic currently in -- leaseholders in place are qualifying Collier County essential services personnel. CHAIRMAN McDANIEL: Twenty-two percent of how many? MS. CARDOZA: Of the total that we have in place right now, 352. CHAIRMAN McDANIEL: Thank you. MS. CARDOZA: Uh-huh. So I have 352 that -- in our occupant demographics, and approximately 76 of those are ESPs. So that is at Inspira out in East Naples. September 24, 2019 Page 135 Addison Place actually has a little bit higher percentage. They're at 23 currently. CHAIRMAN McDANIEL: Total units? MS. CARDOZA: Twenty-three percent of their demographic at the Addison Place project is ESPs. CHAIRMAN McDANIEL: Do you recall how many units are at Addison? MS. CARDOZA: Addison Place has slightly less. They have a total unit count of 294. CHAIRMAN McDANIEL: 300. So that's another 60 to 70, thank you. When you say "percentage," it's just, when we say a number, it allows for us to quantify it. MS. CARDOZA: Certainly. So out of Addison Place technically right now they have a total of 381, and out of that 23.16. I got my calculation. CHAIRMAN McDANIEL: And Addison is 951 and Immokalee Road, the northwest corner? MS. CARDOZA: Yes, Commissioner. It's a very similar project; high end, quality. I know there was a lot of back and forth regarding pricing and luxury. We, you know, keep very good close track of all of our demographics statistics at all of our projects with Greystar. It's kind of part of the process. We enter it all in as we go from the time of application. We have to verify their income sources. So I have, you know, average household income, average individual income. But a lot of these people that we're serving -- and these are a lot people that I market to. Not only are they going to be on any market-rate property. Luxury property, 100 percent. I'm still catering to these essential service personnel. I want the teachers. I want the police officers. I want the doctors, the nurses, the teachers. These are the people I want in my September 24, 2019 Page 136 community. These are the people that are out working, that are contributing, that are, you know, part of the community at large, not just our little tiny bubble that might be Inspira or Addison Place at that time. Our rates are supply and demand. So our ones right now -- I mean, our one-bedrooms at Inspire are a little bit higher. In fact, they're higher than the twos. But my market-rate units right now, my one-bedrooms are between 1,600 and 1,825. My two-bedrooms are 1,584 is my best price on a two-bedroom to 2,264. Now, please keep in mind, as I hear your gasps from the audience, that these are for the shorter term premiums as well. So we do have a range. We do charge a little bit higher of a rate for shorter term lease. So your best price is going to be for your longer term; whereas, you're going to have a little bit higher premium because, you know, we have to turn the unit a little bit more often, so that's why we add that. And then we have our threes at 1,896 to 2,699. It's not about the square footage. It's about the lifestyle. Today's renter doesn't care so much about the little -- the interior space. Yes, they want it to be nice. They want to be high end. But they're searching for more than that in an apartment community, and we provide that -- that service, the lifestyle that Stock caters to. These essential service personnel people, don't they deserve, too, to live in luxury? I mean, they're serving us. So who's coming to Naples from across the country? Certainly retirees, but who else? We heard from a number of community leaders throughout this process from NCH, the Naples Chamber, Arthrex. We know this area's growing fast. Staff's saying that, you know, 20 new people a day come to Collier County. That's awesome. But nothing changes if nothing changes, and we have to cater to these people who are going to be, you know, taking care of the children and the young professionals who are being approved to this -- or who September 24, 2019 Page 137 are moving to this area. They're to need childcare; who's going to work it. The schools, health care, the first responders. I mean, with the -- CHAIRMAN McDANIEL: Candace (sic)? MS. CARDOZA: With the schooling that we have so close to us -- CHAIRMAN McDANIEL: Catherine, forgive me. If you would, please, just stay on track with the question in regards to managing the -- MS. CARDOZA: Sure. CHAIRMAN McDANIEL: -- the ESP rentals, the rentals to essential services and how you're doing that in other -- in your other projects. MS. CARDOZA: So preferred employer right now is what we're doing. I don't have any affordable housing projects that I'm working with right now in Collier County, personally. I'm only one person. But we give discounts from the app and admin process all through the fees. So let's say a teacher walks into Inspira today, and she wants to rent an apartment, and she's moving in by the end of the month. Well, she's going to get the greatest deal that I have for anybody walking through the door, and she's also going to get half off of all of fees, including pet fees, because she's -- you know, she's been vetted, you know, through the essential service provider. That's their employer, so... CHAIRMAN McDANIEL: Now, when apartment -- I had a question with regard to the availability of a total number of units that are designated for these folks. How do you manage that when your turnover, in fact, comes along? MS. CARDOZA: So it's still going -- it's first come, first served. I'm going to abide by federal Fair Housing Guidelines, and September 24, 2019 Page 138 I'm not going to discriminate based on any of that, but I would definitely, you know, abide by the guidelines set forth here if, you know, it's voted into place to market that to those people. Again, those are the ones that -- I already know they have easy-to-process paystubs and backup income. They have a criminal background check. You know, they're out there working. They're going to be, you know, keeping house. They're going to be great members of our communities. CHAIRMAN McDANIEL: Now, when you say you market to them, what do you do specifically to market to those professionals that meet that definition of the essential service personnel? MS. CARDOZA: For instance, we go outreach marketing on a regular basis, a couple times a week. So my office team and I will put together little baskets or different things. Like, for the nurses, a lot of times they're running and they're doing, you know, crazy shifts, and so we'll put together little baskets for them, you know, toiletries and mints and hair ties and little, you know, locker kind of mirror things, and we'll put in, you know, some Inspira swag and goodies that they might like. So we'll order promotional materials that are geared towards them, so we have a bit of a strategy going towards it. For officers, for instance, right now I have courtesy officers in place. So, basically, a courtesy officer for me is somebody who lives on site. So, of course, they already are, you know, vested in their local community, but they're living at one of our communities. They're getting half off their rent, and they're doing things like light inspections, running a -- you know, a vehicle tag for me, on hand just -- it's just another way to build that network and build that community, and certainly we do have, you know, parties and events that gear towards all different types of -- you know, we will do a pet event, and then Shadowlawn Elementary, for instance, is one of the oldest, from what I understand, poverty level elementary schools in September 24, 2019 Page 139 Collier County. We raised almost an entire classroom full of supplies for them this year. We donate to St. Jude, Camp Hope, the Pace Center for Girls, and that's just things that we do on site that are completely separate from our clients and developers and ownership groups. So it's just something we're really vested in. The more you build that network and community with people like the essential services, just -- it's all to the greater good. And I know that I will be able to make a believer out of Barrington Cove. I even have a higher level of vested interest because I'm there. I live there. My kids live there. CHAIRMAN McDANIEL: I was thinking you live there. MS. CARDOZA: I do. And so I'm going to be there all the time. You know, my kids are going to be going to school with the same kids that are my residents' kids. CHAIRMAN McDANIEL: I remember from the original transmittal hearing. Well, thank you very much. Does anybody else have any questions of Catherine? I keep calling you Candace. Forgive me. MS. CARDOZA: That's okay. CHAIRMAN McDANIEL: With that, very good. Thank you. MS. CARDOZA: Thank you so much. CHAIRMAN McDANIEL: Yes, ma'am. Now, Mr. Mulhere. MR. MULHERE: While Rich is talking over there, thank you. For the record, again, Bob Mulhere. I did want to speak to just a couple of issues that various members of the Commission raised. And I'll just get to this. Give me just one second. So a couple of things. The terms "compatibility" and September 24, 2019 Page 140 "complementary" have been raised. As a professional planner with over 30 years of experience working in Southwest Florida, predominantly in Collier County but also in Lee County as well, I can empirically make a statement to you based on my professional opinion that multifamily and single-family are not incompatible with each other. They are both residential uses. Now, certain types of multifamily product might be less compatible adjacent to a single-family product, such as a 20-story building or maybe a 10-story building. The building heights that we have here have been ameliorated or mitigated by increasing setbacks and increasing landscape buffers. That's how you address the relationship between single-family and multifamily as well as height. Mr. Depew stated, if you were inclined to approve this, the height should be 35 feet zoned and 45 feet actual. Well, our zone -- our request is for 40 feet and 50 feet. That's a differential of five feet between those two. With a setback -- in your single-family zoning districts you require -- the most setback you require is 30 feet. We have a minimum of 80 from Livingston and a minimum of, as it has been said here, 125-foot setback from the adjacent residential. That's how you enhance landscape buffers as well. That is how you create a favorable relationship between a multifamily product and a single-family product. They are not incompatible at all under any circumstance simply from a use perspective. Again, the density is an issue, and you need to look at that and you need to ameliorate it and mitigate for it, and that's what we've done here. Now, there are many examples in Collier County. Again, if you look at this PowerPoint presentation, I didn't do this in my presentation in chief, but I feel the need to address it at this point very September 24, 2019 Page 141 briefly. Your code requires a Type B buffer between multifamily and single-family. That's a 15-foot-wide buffer. It also requires a varying setback, but for the most part, between single-family and multifamily, the setback increases with building height. So it's a minimum of 15 feet or it's half of the building height, whichever is greater. So in our case, if we followed your code, our setback from single-family on a 50-foot building would be a 25-foot setback, but we're providing a minimum of 125, five times the required setback, and that's compatible. That's what your code allows. There are many examples of multifamily immediately adjacent to single-family throughout Collier County, and I'm unaware of any of those circumstances where property values decreased. This one is on the southwest corner of Livingston and Immokalee. You have -- I'll be very quick because I know it's been a long day already, and you have more to do. But you have single-family immediately adjacent to multifamily. This one is in Victoria Park south of Immokalee on Airport, same thing; single-family immediately adjacent to multifamily. Those are two- and three-story buildings. You have numerous examples in Pelican Bay of low-rise multifamily next to high-rise and even single-family next to high-rise, and I know property values haven't gone down in Pelican Bay. You have the same example in the City of Naples. You have the same example in the City of Marco Island, many of which occurred prior to incorporation of the City of Marco. More examples: This one is a Talis Park. It's got multifamily very close to single-family, which is right around the corner. So, really, it is not a question of use being -- of one residential use being incompatible with another residential use. It's how do you design that and what do you do to minimize those impacts, and that's September 24, 2019 Page 142 what we've done here. Now, I also have been asked to put a few things on the visualizer which, with any luck -- I've got to erase that. MR. OCHS: Clear. MR. MULHERE: In your executive summary, the staff referenced five conditions that were part of the Planning Commission motion which did not prevail. It went down on a 2-3. Those five conditions we have agreed to. And I have -- I have added those to the PUD, but I think they need a little bit of clarification, at least certainly the essential housing one does in working with Heidi Ashton or Jeff Klatzkow to finalize that language. But I did just want to just show you a few other locations. It's been requested that I do this. So -- CHAIRMAN McDANIEL: For information purposes, while we're going here -- we're at time for a court reporter's break, but I want to finish up this, get the questions answered of the Board, then I'll close the public hearing, and then we'll take a break. So go ahead, Bob. MR. MULHERE: So -- hello. Testing. Just on the landscape buffer, we've inserted the requirement to have a Type B buffer, which I mentioned to you, within that Type D buffer along Livingston. I did change the development standard to require 80 feet. And, as I said, we do have to work on the exact language a little bit of the essential service requirement because we're going to limit it now to 80 -- 80 percent. So we've got to, obviously, reflect that. There was a question raised about access from Livingston, and I do believe in one of the PowerPoint -- and perhaps it's one of the master plans in your packet shows an exit only onto Livingston. That did not meet -- we asked for a deviation. That did not meet the September 24, 2019 Page 143 separation requirements from the intersection, so we removed that access. So I just want to make it clear on the record we are not providing an access to Livingston, regardless of what, you know, may have shown in some of the older master plan exhibits. We will not be doing that. So I just wanted to give you some additional testimony with respect to compatibility. "Complementary," it's a very subjective term. You want to have a mixture of types of residential. It's one of your objectives in your Comprehensive Plan is to have a mixture of types of residential uses. Can you make a multifamily product that's relatively low in height complementary to single-family on a 35-acre parcel? Absolutely. Thank you. CHAIRMAN McDANIEL: Very good. Do we have any other questions of the applicant at this stage? (No response.) CHAIRMAN McDANIEL: No. Okay. Then we're -- we'll close the public hearing now, and we'll be back at 2:45. I'll give you an extra minute, Terri. I'll give Terri an extra minute. It's for her. (A recess was had from 2:34 p.m. to 2:45 p.m.) CHAIRMAN McDANIEL: We're past the appointed hour. We are shy a couple of commissioners, but I wanted to get everybody leveled off. We don't know where Commissioner Fiala went. MR. YOVANOVICH: She's right there. CHAIRMAN McDANIEL: Oh, here she comes. Okay. Now, we have basically gotten all of our questions answered. I would like to open it up for discussion amongst the Board now. MR. YOVANOVICH: Actually, I had an opportunity to talk to Mr. Giblin about the current -- CHAIRMAN McDANIEL: You did? COMMISSIONER FIALA: Mr. who? September 24, 2019 Page 144 MR. YOVANOVICH: -- Cormac Giblin about how your current affordable housing density bonus program works, and I'm sure he'll correct me if I get anything wrong. We have a 304-unit apartment complex that's rental. Under your affordable housing density bonus program, to get to that 304 units we would have to have 10 percent of those 304 units, which would be 30.4. You round up to 31 of those units would have to be income-restricted for income categories of 80 percent or less on the income threshold. You would also have to not have the ability, if you don't find a qualified renter, to rent it to anybody else. It has to stay available until you find somebody, and it has to be a commitment for 30 years. That's your existing program that would get us to 304 units under your Comprehensive Plan. We -- And did I say that right? I got the thumbs up. We're willing to live with your existing program to get to 304 units, which is eight-and-a-half units per acre when you just recently adopted a standard to incentivize affordable housing to allow people to ask for up to 16 units per acre. We're at roughly half the density incentive that you've created in your code, and we're meeting the 10 percent requirement. So that would be 31 units meeting the income thresholds of 80 percent or less, that would always be available to those income thresholds for 30 years. CHAIRMAN McDANIEL: You'll hold it for 30 years? MR. YOVANOVICH: Thirty years, which is your current program, and we request that with those modifications, the Commission approve our request. And, with that, we're still available to answer any further questions. I know we've been working -- Heidi and I have been trying to craft that exact language, but that's -- that is the commitment we would be making, and it's consistent with what your code currently allows for. And I don't know a basis for which you would September 24, 2019 Page 145 say to an affordable housing density bonus program, a developer who's willing to meet your new code, why would you tell that developer no? CHAIRMAN McDANIEL: I got it. I just want to be clear. I appreciate your clarifying the aspects of our affordable housing and those programs. But before we went to break I closed the public hearing process portion of this, so it's now up to the Board to deliberate and make our decision. So, thank you, though, for that clarification. Commissioner Fiala. COMMISSIONER FIALA: Yes. During the break I was talking with the Clerk of Courts, Crystal Kinzel. CHAIRMAN McDANIEL: Stay on the microphone. COMMISSIONER FIALA: Okay. They can't hear it. CHAIRMAN McDANIEL: No. COMMISSIONER FIALA: Or you can't hear it. CHAIRMAN McDANIEL: I can hear you fine, but my mother can't hear you. She's getting after me. COMMISSIONER FIALA: She listens. So, Rich, we took Bob Mulhere aside, because Crystal brought up an interesting question about the affordable portion of it. And she said, if -- you know, right now it's -- they have a certain percentage of the median income, but like Crystal pointed out, if it's essential services, so say, for instance, you have a teacher and a policeman or whatever you want to call it -- I'll say cop -- they make more than that together. How can you rent to essential service personnel? MR. YOVANOVICH: They would qualify for the regular units. They would still -- we're still going to welcome those people to come -- COMMISSIONER FIALA: But if they can't -- well, if they feel they can't afford it, you know. September 24, 2019 Page 146 MR. YOVANOVICH: And I understand that, and that's why we had originally proposed being allowed to go up to the 100 percent category. So by taking away the ability to go to the 100 percent category, you've taken out some people who would otherwise qualify, but you're adding other people who wouldn't have previous qualified because you brought the income threshold down. COMMISSIONER FIALA: Crystal, what did you think of that? How would that -- did that answer -- THE CLERK: Well, that's your policy question, you know, for you guys to decide. I was just pointing out the math in attempting to reach the essential services people knowing the incomes that we verified for some salary comparisons, they wouldn't probably qualify for those rates. But it's a policy decision for the Board. CHAIRMAN McDANIEL: Okay. COMMISSIONER FIALA: Okay. So that's something for us to -- CHAIRMAN McDANIEL: Correct. MR. OCHS: Commissioner, on that, if I might -- and I've got Cormac here to verify, but I think he testified earlier that in that income level there were over 500 market-rate units already in the current market that that income bracket would qualify for to rent when there are only about 20 in that 80 and below. So I think that's what the applicant is now trying to attack. CHAIRMAN McDANIEL: Or address. COMMISSIONER SOLIS: Can I ask -- CHAIRMAN McDANIEL: Sure, please. COMMISSIONER SOLIS: Twenty in that 80 or below? And then -- MR. GIBLIN: Again, Cormac Giblin, for the record. The latest survey said there were 25 units available countywide that were in the 80 and below level available and open, ready for rent. There were September 24, 2019 Page 147 558 available, open and ready for rent in that next category, the 100 to -- I'm sorry -- the 80 to 120. COMMISSIONER SOLIS: So what was just proposed would double that number? MR. GIBLIN: They would. COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Basically triple it. COMMISSIONER SOLIS: Triple, right. CHAIRMAN McDANIEL: There's 20-some odd available, and this would add another 50 (sic). MR. YOVANOVICH: Thirty-one. Thirty-one for a total. CHAIRMAN McDANIEL: Oh, that's right. COMMISSIONER FIALA: I'd like to -- MR. YOVANOVICH: You've got to watch those numbers. CHAIRMAN McDANIEL: We're just talking. COMMISSIONER FIALA: Just talking right now? And a few people have said something about the height of the building and so forth. And how many of us have, you know, that in our communities? Well, I just happen to live in a community that has four-story condos at the entrance that are rented as well as owned, some of them each category. Then we have townhouses. Then we have single-family houses. We've got a whole plethora of them, 1,974 units in that -- in the building. And I live in Lakewood. And we have all price ranges, and we all get along. I've been there for 45 years, and we seem to get along just fine. So I just wanted to mention that. Also -- let's see. Oh, again with Lakewood; it's a major cut-through. Everybody cuts through to divide -- or to go from Davis Boulevard up to U.S. 41 and back. Yes, it's a major cut-through, but we seem to get along just fine. It's only a two-lane road, and we don't even have sidewalks along one side there. There's some problems September 24, 2019 Page 148 there. But we don't ever have a problem. Okay. CHAIRMAN McDANIEL: Any other comments? COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: This is one of these decisions that we're asked to answer, and I think I said a lot of this at the first time that this came before us on the transmittal hearing, but I'm going to say it again, and that is, number one, the Della Rosa PUD exists today. It is zoned and could be built today. In my opinion, that is the worst-case scenario. And I know that folks think that there's no way it can be done. They won't do it. The developer's already closed on the property, so there's plan -- they would have to, or sell it to somebody else that would. Obviously, because if it's denied, then they would be coming -- trying to come back here for a change of something that's already been denied once. You know, the difference in the setbacks from 20 feet to 125 feet with 27 feet of setback on the Barrington Cove side -- so it goes from 47 feet to 152 feet. A four-story building 20 feet from a property line that is a single-family neighborhood is, in my opinion, a disaster. I mean, that is the worst-case scenario for a single-family neighborhood. This has been a long process. I think we've -- moving it as far way as it possibly can. I think the developer has done what he can do, and I appreciate that they've worked with the community on that. Put the water retention, so there's a lake. Increased buffers. You know, if this -- if this amendment isn't approved, then we're going to have a PUD that's already set with four-story buildings 20 feet from the property line. Then we're going to have another piece of property that's zoned ag that will be rezoned at some other September 24, 2019 Page 149 time. So instead of having one development that you know -- because we do know. I think no one here is going to say that this particular developer does bad work -- COMMISSIONER TAYLOR: Right. COMMISSIONER SOLIS: -- and doesn't do a quality project and doesn't manage them very, very well -- I don't think that's ever been the issue. We will know with some certainty that this will be a quality project as opposed to having another developer come in that we don't know who they would be doing something completely different than what is already zoned for the Della Rosa piece. We start getting chopped-up development, smaller developments, and it is my sincere feeling that that alternative for Collier County is worse than working with a developer that we know that does good projects. Commissioner Fiala was mentioning her experience at Inspira. The other thing I would say is that there is commercial on the corner that's planned. And we have been up here for the three years now that I've been on the Commission talking about the need to provide for essential personnel. We've adopted a plan that says that. We talk about it, we talk about it, and we talk about it. And this particular developer has agreed to solve that -- I mean, well, at least double or more than double the number of available units for that income bracket for 30 years; that's not take those off if they don't rent them in 45 days. And they're complying with the program that we have set up. It's not a hybrid. So they have agreed to do what we've asked developers to do. You know, I think nobody -- I lived in Pine Ridge for almost 20 years, and, yeah, we would all like to live, you know, with lots of undeveloped land around us. It's just not possible. I understand that growth is painful, and we'd like to keep things all as a preserve. That's not an option, I think, at this point, for this particular piece of September 24, 2019 Page 150 property. The options are a lot worse. And I sincerely feel that. The traffic issues will have to be dealt with. You heard that the improvements to Veterans are in the works. We all serve on the MPO. They've all been moved up. Logan is coming online and will relieve some of the pressure off of what comes off of I-75. I am personally trying to work with our friends in Bonita Springs in Lee County, now that there's a commissioner for the adjoining area from Lee County, to see what we can do about addressing the traffic issues that really come from Bonita Beach Road. I mean, that is not something that we can control. We can work with our neighbors, and I'm actively trying to do that. Having said that -- and I understand our folks at Barrington Cove won't like it, but I think the alternative is much worse, and I don't want to be sitting here a year, two years from now when people are saying, you know, why did you do that? Why did you let that happen? Because it will happen. There's an existing PUD that shouldn't be there the way it is. So having said that, you know, I'm going to make a motion based upon the commitments that have been made -- and there's agreed-upon language? MR. KLATZKOW: I don't know. MR. YOVANOVICH: Yes. COMMISSIONER SOLIS: As long as the language has been agreed upon. MR. YOVANOVICH: The answer is -- you know how to work this? Ms. Ashton drafted language that we believe is consistent with the commitments we've made. We're fine with the language. As you can see, we've got the 30-year commitment for the 80 percent or less. We kept the commitment for the 55 units being marketed ESP. It's just those 24 units above the 31 that if we don't find a qualified renter September 24, 2019 Page 151 that we could go to someone outside, but the 31 units are always available for people making that income category. COMMISSIONER SOLIS: And the 24 are also going to be available for that time. MR. YOVANOVICH: That 60- and 45-day period. COMMISSIONER SOLIS: Okay. Let me just finish. You know, in terms of the compatibility issue, I live in a multifamily development next to a very, very nice development on Orange Blossom Road, and, you know, I think with commercial on the corner, multifamily surrounding that, and then the -- you know, the single-family behind it, which, again, I think we cannot disregard the fact that Barrington Cove -- the PUD for Barrington Cove provides for multifamily as well. I mean, I don't know how we can say that it's not compatible when it's in the Barrington Cove PUD. I think that's just, you know, ignoring what's there. Obviously, the Della Rosa is also already multifamily. I mean, there are some standards that we have to meet. We have to look at these things in terms of what's already permitted; not necessarily what's there, but what's already permitted. And what's already permitted, in my opinion, is completely consistent with what is being asked for. I'm done. COMMISSIONER FIALA: I'll second it. CHAIRMAN McDANIEL: It's been moved and seconded with the appropriate language and the County Attorney's blessing that we move this project forward as proposed. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I have a question for our -- I'm not sure if it's for Mr. Yovanovich or it's for our staff, and then I have a comment after I get an answer to this. I don't know if we have any kind of a breakdown on these units. September 24, 2019 Page 152 We have 30 units set aside for 30 years. Will there be a mix of one-, two-, and three-bedrooms or -- MR. YOVANOVICH: The answer is your code requires that we do a mixture of ones, twos, and threes. COMMISSIONER SAUNDERS: Okay. So there's some standard. MR. YOVANOVICH: Yeah. And I just wanted to put one other thing on the record, if I can. We originally had in the Growth Management Plan that we'd have 304 market-rate units. Obviously, we need to strike of "market rate housing" in your GMP to be consistent with the commitments we've just made in the PUD. So I think Heidi asked us to make that clarification. COMMISSIONER SAUNDERS: In terms of a comment, I want to tag along with Commissioner Solis that said I'm convinced that you've got 15 acres where you'd have potential for seven units per acre, then you've got 20 units (sic) that's zone agricultural, and that would be changed. So you would have the potential for two different types of developments with buildings a whole lot closer to the neighborhood. I do want to thank Mr. Mulhere, because one of the issues that I was concerned about was compatibility, and I think you addressed that very effectively, so I appreciate that. I'm going to go ahead and support the motion, because I think that it does help us address the workforce and essential services housing issue, but that's not the big -- that's not the reason. I think the main reason is I think that this development is going to be a lot better than what would potentially be there if we didn't approve this. I agree with Commissioner Solis this is -- the neighborhood may not like it, but you have buildings that are 125-foot setbacks plus the setbacks in the community there. So 152 feet, I think, was the number. September 24, 2019 Page 153 In that 152 feet you're going to have two different landscaped buffers. So I think you're going to have a product that's going to be compatible with the neighborhood, so I'm going to go ahead and support the motion. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: I just wanted to say one of the other things that brought me to this conclusion was when Arthrex got up there, and then Naples Daily News has been pushing for this all along in their paper. They keep saying that we're not serving the public by providing more affordable housing. I would call this not affordable housing. I would call this professional housing, really, because it's in a professional neighborhood and in a professional building. So I would call it professional. But anyway -- but it falls under the other category. And then also then you've got the Chamber getting up there, but the NCH, you know, like you said, they really need it, and they need it at this end of town. All of them have been calling for affordable housing for a while, and then they build it in East Naples. As they said before, it's mostly all built there. The thing is, they need it, but they need it down here at the north end because this is where their facilities are located and so forth. And they don't want to drive from that end, so then they locate in Fort Myers. So this will bring our housing people right here in our own community and paying taxes right here in our own community and living close to the schools for their kids and so forth. CHAIRMAN McDANIEL: Yes, ma'am. Commissioner Taylor. COMMISSIONER TAYLOR: Just a point of clarification, County Attorney. I believe we heard testimony from Cormac Giblin regarding how we in our plan consider 80 percent. Eighty percent is considered 80 to 100 percent. If it was 79, it would be under it. But I September 24, 2019 Page 154 needed clarification to make sure that we're talking about -- which I think is the intention of the developer, but I just want to make sure that it's accurate in the way -- MR. KLATZKOW: Rich, would you put the language back on, please. MR. OCHS: Go ahead, Cormac. MR. GIBLIN: For the record, Cormac Giblin. Eighty percent is the maximum. So maybe it should say 80 and below. MR. YOVANOVICH: It says at or below. MR. GIBLIN: At or below. COMMISSIONER TAYLOR: So you're comfortable with that, that is the intention? MR. KLATZKOW: Yes. It's at or below. MR. GIBLIN: That's correct. And that is the way we do it consistently. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: You good? COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: Okay. Well -- and I also, just as a moment, I've said this regularly to the folks that have come and visited with me. I believe that this is a lesser of two evils. This is not a bad evil by any stretch of the imagination. We know the developer. We know the project they build. We know there's, in fact, a need for the community in a lot of different areas, and that given the choice of kicking the can down the road, especially when our traffic department shared with me the timeline of the intersection improvements, the road improvements for Veterans Highway and the like, I think that this is the best viable choice for us to go forward with. So it's been regularly moved and seconded with the appropriate September 24, 2019 Page 155 language shifts we approve this as has been presented. COMMISSIONER SAUNDERS: This will be both items? MR. OCHS: Yes. CHAIRMAN McDANIEL: Can I do both at the same time, both 9A and B? MR. KLATZKOW: Yes. CHAIRMAN McDANIEL: Or you want two separate votes? MR. KLATZKOW: No, no. CHAIRMAN McDANIEL: I'm going to call for additional discussion. COMMISSIONER TAYLOR: Just if I may speak. I am going to support this. This is the first time that I know in the history of Collier County that we have a developer of this quality agreeing to inclusionary zoning. It's the beginning of the future where Arthrex, hopefully, and the Naples Hospital and the Naples Daily News and all the big employers understand we're serious about making sure we have affordable housing in Collier County, and thank you for this, and I am going to support it. CHAIRMAN McDANIEL: Any other comments? (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. Unanimously approved. He was wanting me to table the item after the vote just to make sure the language was okay, but -- okay. That's what I was -- September 24, 2019 Page 156 COMMISSIONER FIALA: I think he did that during the -- CHAIRMAN McDANIEL: Yes, we did. Sorry, Terri. I'm up here having conversations and forget you write down all my misspoken words. All right. County Manager, let's -- as folks are -- as folks are filing out, let's go ahead and move. We have a lot more to do today. Item #10C HEARING EXAMINER’S ANNUAL ACTIVITIES REPORT TO THE BOARD OF COUNTY COMMISSIONERS – MOTION TO ACCEPT REPORT – APPROVED MR. OCHS: Yes, sir. We're moving on to Item 10C that was previously Item 16H1. It was moved forward to the regular agenda at Commissioner Solis' request. This is a presentation of the Hearing Examiner's annual activities report to the Board. Mr. Strain is here. COMMISSIONER FIALA: I can't get into the chair. MR. STRAIN: Good afternoon, Commissioners, except for the new guy on the right. If you let it grow, you can't eat soup anymore. COMMISSIONER FIALA: They're admiring each other's beard. COMMISSIONER SAUNDERS: You're my hero when it comes to beards. MR. STRAIN: It gets a little ragged at times, but soup is a hard thing to eat. Anyway, I'm here to answer any questions you may have. I submitted the paperwork I believe you asked for. If there's anything else, I'll be glad to try to answer your questions. September 24, 2019 Page 157 CHAIRMAN McDANIEL: I'm going to point to my colleague who's the one who proposed bringing it up. COMMISSIONER SOLIS: Yeah. A couple things -- and I appreciate the executive summary. But I had raised this issue back when the Hearing Examiner's contract was up for renewal that I think it's worth a discussion from a policy standpoint as to how the Hearing Examiner -- what that position is for, what -- the duties, because they're not clear to me, and what exactly is the relationship between the Hearing Examiner as the Hearing Examiner, which is -- there's an ordinance that says exactly what the Hearing Examiner is to hear and other duties like the Planning Commission and whether or not -- because based upon looking at the executive summary, which stated that in the last year the Hearing Examiner heard 51 petitions, 51 petitions -- I'm not sure how many of those were actually -- you didn't hear but went to the County Commission. Were all the 51 ones that you actually processed? MR. STRAIN: Absolutely, yes. COMMISSIONER SOLIS: Okay. So none of them were forwarded to the Commission that were controversial? MR. STRAIN: If they went to the Planning Commission, there might have been two. There are not very many. I think I even asked you at one time about one, whether you wanted if forwarded or not, and you left it in my office, and I think Commissioner McDaniel is another one. So I can't remember offhand; I didn't know that was going to be your question. It wasn't many, though. COMMISSIONER SOLIS: Okay. So we have -- we have 51 petitions, but also included in the executive summary was the amount of time the Hearing Examiner spends working on things through the Planning Commission. And, you know, I think it -- I would like to have a discussion as to whether or not, I mean, that is something that we are compensating September 24, 2019 Page 158 the Hearing Examiner to do, because it's not clear from the ordinance or the agreement if that is part of his duties for which we compensate him. And, number two, I brought this up last time in that the Hearing Examiner's contract has no review provisions. And I had had a discussion with Mr. Strain a few months ago about including the same kinds of review provisions that our County Manager and our County Attorney have in their contract, because having been an attorney in a law firm that has been subject to annual reviews, healthy for me, I think that a position as important as the Hearing Examiner's, that we need to have an opportunity in a structured way of having a discussion about the Hearing Examiner's role and performance. And, you know, and I don't know that we've ever had anything other than what a great job our County Attorney and our County Manager are doing conversation. But I think it's healthy. It's my understanding that every single officer in the U.S. Armed Forces is subject to an annual review, and I think it's healthy. I don't know, Mr. Locastro can verify that, but I believe it's true, no matter what your rank is. It's a healthy thing. Our Hearing Examiner is the only employee that is not subject to any kind of review. And there are some things that I think we should talk about in terms of the role of the Hearing Examiner as the Hearing Examiner, which is a position of being a judge, right, the Chairman of the Planning Commission for many, many years, and all of the things he does, for example, speeches, public engagements, which I've talked to Mr. Strain about as well; somewhere between 60 and 80 engagements last year; is that about right? MR. STRAIN: Sixty. COMMISSIONER SOLIS: Sixty, okay. Sixty engagements last year where he does presentations about the future of Collier September 24, 2019 Page 159 County growth and talks about projects that haven't been applied for that are pending applications and other ones, and I'm concerned that if we need a public information person, that we should have that person, and it shouldn't be our Hearing Examiner, because the Hearing Examiner sits like a judge, and a circuit judge -- if a circuit judge went out and commented in any way on anything that might somehow end up before that judge, they would be removed from the bench. That's just the way it works. I think that if the Hearing Examiner is also being compensated for being the chairman of the Planning Commission, then that's even, I think, a bigger issue because -- and I was looking at the Hearing Examiner ordinance. I actually have copies. I'll just pass them down. And, again, without any opportunity to talk about these things -- and I wanted to talk about these things in a more structured way, and this is why I suggested to Mr. Strain that we include this in his contract, and he refused to do that. Number 5, actually the first tab. The first tab of the Hearing Examiner's ordinance under additional duties -- because this sets out his duties to hear conditional uses, boatlift canopies, and dock facility extensions, and then No. 5 says additional duties. It says, to the extent his schedule permits, the Hearing Examiner will make his special knowledge and expertise available upon reasonable request of the Board of County Commissioners. And nobody, including myself, is questioning that Mr. Strain has special knowledge and expertise in our Land Development Code. I'll continue. It says, any individual commissioner, the County Manager, the County Attorney provided that such requests do not in any way involve any matter that is pending or likely to come before the Hearing Examiner. So, you know, I think we need to re-think what the duties of the Hearing Examiner are, because there's nothing in here about the September 24, 2019 Page 160 Hearing Examiner going out in the community and representing what our policies are in terms of where growth is going in Collier County in the future. MR. STRAIN: Commissioner, that's not what I do. COMMISSIONER SOLIS: Well, I disagree. I mean, I've been there. MR. STRAIN: Well, I just wanted to make sure, before we got too far, that this was supposed to be a review of the annual report that you asked me to submit. My contract was actually discussed and signed in July. I'm not sure this issue -- your concerns were brought up then, and the contract still got signed. COMMISSIONER SOLIS: This is the issue that we were going to discuss from when Commissioner Saunders suggested that we -- that this issue come back when the County Manager's contract and the County Attorney's reviews were going to be had. MR. STRAIN: As an annual report, which I provided. COMMISSIONER SOLIS: Well -- and so -- I wanted to do this in a structured way, the way we do it with the County Attorney and the County Manager, and so here we are. MR. STRAIN: The structure will be -- COMMISSIONER SOLIS: And let me just finish, because then you're welcome to respond. You know, in my opinion, also, there are other things that I would like to express my displeasure over, and I think without -- without a way or a time to do this, we end up where we are now. For example, I think that on many occasion there are certain issues that continue to come up at the Planning Commission which are not in our Land Development Code that I think should not continue to come up as conditions to approvals. For example, you and I have talked several times about this issue of somehow allowing AA and NA to meet in a neighborhood church would somehow violate the September 24, 2019 Page 161 Land Development Code because those constitute rehab services. Do you remember that conversation? MR. STRAIN: Yes, and we talked about it one time, and I went back and checked the record, and it was not me that introduced that comment. It was somebody else so -- CHAIRMAN McDANIEL: I'm going to intercede here if I may. MR. STRAIN: This is far beyond what was supposed to be done today. CHAIRMAN McDANIEL: One second, sir. I want to have this discussion, but I want it to be done under the proper parameters. COMMISSIONER SOLIS: I agree. CHAIRMAN McDANIEL: And I want to acquiesce to our County Attorney for a minute, if I may, because the Hearing Examiner is an employee of the Board of County Commissioners. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: And I want to have this discussion. I don't think this agenda item is the proper time and place for that to actually transpire, and if you don't feel that this -- that you have been heard with your express concerns, then I think it appropriate for us to set an agenda item, time and place, and bring it back for that physical discussion. Today's discussion, per the agenda item, is to hear his annual report and accept it. COMMISSIONER SOLIS: Well, this is in terms of not accepting. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: Well, that's your prerogative. CHAIRMAN McDANIEL: And it's certainly your prerogative to not accept that for right now. My question to the County Attorney from a procedural standpoint, I think -- I haven't reviewed the Hearing Examiner's September 24, 2019 Page 162 contract in a minute, but I think the Board can review any of our employees' contracts at any particular time we choose. MR. KLATZKOW: Yes. CHAIRMAN McDANIEL: Yes. So with that said, I would like for -- if my colleague would be so inclined, to go bring forward an executive summary, bring up the Hearing Examiner's contract. I would like to hear -- I do concur that a review process should be part of the Hearing Examiner's contractual arrangement, and then we can have a formal discussion about his duties to and fro. COMMISSIONER SOLIS: That was my intention to begin with. CHAIRMAN McDANIEL: I understand. COMMISSIONER SOLIS: And I'll just point out that one of the things we also need to review that's not on here now is also the Productivity Committee's recommendation that the contract contain a review process as well. CHAIRMAN McDANIEL: Right. And I think -- and there again, it was at my -- I think it was at my instigation, I'm not sure, we sent the Hearing Examiner over to meet with the Productivity Committee -- or the Productivity Committee, and the Hearing Examiner to give us -- give them suggestions as to how to enhance his duties or not, and then we actually got an opinion from the County Attorney. So with that -- COMMISSIONER SOLIS: No. I'm in total agreement that – but, it just reiterates my point that because there's no review process that's established in the contract, there's no process for doing this. So I'm all in favor of bringing this back, and I'll prepare an executive summary and -- I would have done it that way anyway. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I just would like to put on the record -- because that's the last paragraph of the Productivity September 24, 2019 Page 163 Committee members summarized by Mr. Willig in our County Manager's Office. That final paragraph where they finish with, "yeah, it would be great to have a review." They also said, sir, according to your concerns that -- "and we are the ones who said send the duties. Let's have the Productivity Committee evaluate what" the county -- "what our" -- CHAIRMAN McDANIEL: Hearing Examiner. COMMISSIONER TAYLOR: -- "Hearing Examiner does." And we did, and what they said in -- and this is definitely reflected in their comments but also goes to what you started out by saying is they believe that all these presentations, public presentations by the Hearing Examiner, are reflective of county transparency and public education. They also said, "These presentations by the Hearing Examiner serve the county well and should be encouraged." And I would just like to say that I would encourage them, because the county changes by the minute. And I believe that the county -- that the Hearing Examiner understands clearly what is in the future by what is coming in for zoning and what is being talked about and maybe it's -- he understands that, and to bring it to the public is an invaluable service. COMMISSIONER SOLIS: Well -- and, again, I'm not saying that the presentations are not valuable. I'm not saying that they're not very informative and very entertaining, because I've been to them. My issue is whether or not that is something that the Hearing Examiner should be doing, you know. And there's lots of different permutations. We should be providing that information to the public, I agree. It's the mixing of all these roles that concerns me because it's -- I haven't found one other county that the Hearing Examiner has this role. CHAIRMAN McDANIEL: And so let's go forward with the – and, Commissioner Fiala, your light came up. September 24, 2019 Page 164 COMMISSIONER FIALA: Yes. I don't -- it's not his fault he started this. It's my fault. Let me just take front and center on this. I was going -- I do a lot of speeches around the town, and I go in and I tell them about this road that's going to start here and then this development, and I'm doing all these motions in the sky, and one day he said to me, you know, I could put together a PowerPoint for you. I said great. I said, but I don't know how to work the machine, so you have to teach me how to use the machine. And he said, I'll just come over and do it for you. That's how it all started. And I didn't care if he was Hearing Examiner or a dogcatcher; you know, it was nice to have somebody show me where these things were. And the audiences were so impressed. COMMISSIONER McDANIEL: I mean -- COMMISSIONER FIALA: Yes, I've taken a backseat to him sometimes because he knows all this stuff that's anything going on. But, you know, each one of us -- this is county government. One department doesn't talk to another. We don't even know what's going on. One commissioner -- we can't talk to one another. You know, I can't even -- I can't even say to him in private something about his district because now we're violating Sunshine. So it's great to have somebody come up and tell you what's happening around the county in a generic type of way. So this is how I have looked at. It never bothered me. COMMISSIONER SOLIS: I think it's worth a discussion. And, again, I'm not -- the presentations are very entertaining and very informative and, I mean, I think -- CHAIRMAN McDANIEL: And we're not here today to talk about the presentations. COMMISSIONER SOLIS: Yeah. CHAIRMAN McDANIEL: We're here today to accept the September 24, 2019 Page 165 recommendation of the county -- or the Hearing Examiner's annual report, and you're going to bring forward another exec summary that will reiterate his contract and performance and what he does and doesn't do. MR. STRAIN: Do I get any comment on this? CHAIRMAN McDANIEL: Sir? MR. STRAIN: Can I comment on this at all? CHAIRMAN McDANIEL: You already have. MR. STRAIN: No, I have not, not since you said you were going to propose something to change my contract that you-all signed in July, and I, in good faith signed it, too. I'm not in a position where I think I need to change the contract. CHAIRMAN McDANIEL: I understand that. MR. STRAIN: So I'd like -- I don't know why we do -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: You do understand that you are an employee of this board. MR. STRAIN: I do, but that's -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: You do understand, per the County Attorney, that we have a right to review your agreement necessarily at will. If you choose to not accept those adjustments while we have those discussions, then that -- then so be it. I mean, Commissioner Solis has the right -- he is one of five of your employers. MR. STRAIN: What is broken, though, Commissioner? COMMISSIONER TAYLOR: With all due respect, this is the second time we've discussed the same thing by Commissioner Solis. Now we're going to discuss it for a third time. If that's the case, let it be done at the third time and let it be finished. But at this point, I'd like to see if there is any interest in changing the Hearing Examiner's contract. I'd like to see that. If there -- if there is, then I think that it September 24, 2019 Page 166 would be worth Commissioner Solis' time to spend the time to create an executive summary. If there are -- if there's a majority of this board that says the contract is fine the way it's written and maybe -- CHAIRMAN McDANIEL: We're not here today to be voting on that. COMMISSIONER TAYLOR: But I'd like to see whether or not we need to talk about this a third time. I mean, I don't know what -- it's almost like beating us down so we agree. It's just ridiculous. COMMISSIONER SOLIS: We haven't talked about it yet. That's the whole point. COMMISSIONER TAYLOR: This is the same issues you brought up the last time we talked about this. COMMISSIONER SOLIS: Right. And what we ended up doing is saying we would bring it back up today. COMMISSIONER TAYLOR: No. We said, let's see what the Productivity Committee says, and they said add a review process. You're going back -- you're disagreeing with some of the things the Productivity -- COMMISSIONER SOLIS: No, no. COMMISSIONER TAYLOR: I don't understand the issue. COMMISSIONER SOLIS: Listen, all of my comments really go back to there not being a review process. COMMISSIONER TAYLOR: And the contract is for how long? One year? MR. STRAIN: It comes up for review again in 18 months. Why don't we wait until it comes back for review -- (Simultaneous crosstalk.) MR. STRAIN: -- and then deal with it on a new review, because that's when it's got to come up for -- to be reassigned or replenished anyway. To do it now right after you just signed it a few September 24, 2019 Page 167 months ago, I mean, that is problematic for me. COMMISSIONER TAYLOR: I don't like it. I think it's -- I think it's really -- it makes the position of the Hearing Examiner -- it diminishes it by -- COMMISSIONER SOLIS: Having a review process? COMMISSIONER TAYLOR: No, sir. By discussing the same thing on two meetings and edging this forward. I think it's disrespectful. COMMISSIONER SOLIS: Well, then let's discuss the review process. I mean, let's discuss it. We haven't discussed it yet. CHAIRMAN McDANIEL: And, as I said, we are not here today to discuss the Hearing Examiner's contract. The agenda item that was brought forward -- and, Commissioner Saunders, your light's been on, and I'm trying to get us to an end here. We're here today to accept the annual report of the Hearing Examiner, and if Commissioner Solis chooses to bring forward an executive summary that will review the contract, then so be it, and we can vote for or against it. He can do his time then. COMMISSIONER SAUNDERS: No, I agree. First of all, I support what Mark has done. I think he's done a great job. He does have a contract. We -- I respect the right of a commissioner to bring an issue forward to discuss whether that contract should be extended in terms of duties. I think I'd like to see that. So I don't see this as an attack on Mark Strain at all. This is just a commissioner wanting to have a review of a very important function, and so be it. CHAIRMAN McDANIEL: I don't see it as an attack at all. I see it well within his rights; well within his rights. COMMISSIONER TAYLOR: Yes, yes. Of course it is. It's the timing that is suspect here, not the review -- not the review process. CHAIRMAN McDANIEL: Not today, and that's where I'm trying to get us because -- September 24, 2019 Page 168 COMMISSIONER TAYLOR: So maybe in 18 months from now -- oh, no. Maybe in a year from now, we look at it in anticipation of the contract being -- he just signed the contract, for Pete's sake. CHAIRMAN McDANIEL: And? COMMISSIONER SAUNDERS: If a commissioner wants to bring an item forward for discussion, the commissioner has a right to do that. CHAIRMAN McDANIEL: Period; end. COMMISSIONER SAUNDERS: Just as a matter of fact here, the contract has a 30-day termination provision in it. CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: So this may be an 18-month contract -- and I'm not suggesting that we would ever exercise that. But I'm just saying that you have a contract, a commissioner wants to have some input into maybe making some changes in terms of duties or having some sort of a review, he's got that right. I don't even know why we're having the conversation. Just put it on the agenda. CHAIRMAN McDANIEL: Put it on the agenda, and then I'll take a motion for the agenda in front of us with regard to the annual report. COMMISSIONER SAUNDERS: I'll move approval of that item. COMMISSIONER TAYLOR: If I may ask that the commissioner that writes the executive summary makes it very clear in black and white what the changes are so we don't have a large discussion and rehash the same thing for the fourth time. CHAIRMAN McDANIEL: Certainly. Well -- and it won't be, hopefully, for the fourth time. I tried to cut it a little short today. I don't want to have those discussions. They were about to get into a discussion about their opinions of individuals and the maneuvers September 24, 2019 Page 169 there, so we're not going to do that. It's been moved and -- COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: -- seconded that we accept the Hearing Examiner's report. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: 4-1. Thank you, Mr. Strain. MR. STRAIN: Thank you. Item #12B RESOLUTION 2019-182: REQUEST BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR APPROVAL OF A RESOLUTION AUTHORIZING THE AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE EDUCATIONAL FACILITIES FOR THE COMMUNITY SCHOOL OF NAPLES, INC. – ADOPTED MR. OCHS: Mr. Chair, we move on to Item -- excuse me, 12B. This item was previously Item 16K3, and this is a request by the Collier County Industrial Development Authority for approval of a resolution authorizing the authority to issue revenue bonds to be used to finance educational facilities for the Community School of Naples. Commissioner Solis brought this item forward to the regular agenda. COMMISSIONER SOLIS: Yeah. And thanks for being here. September 24, 2019 Page 170 And, again, as I said before and I said to Mr. Pickworth, really, this was just informational for me in terms of what we're approving. The statute with these industrial revenue bonds provides for us to approve them, and I just want to -- you know, I think if we're approving a bond issue, we should probably have a little bit discussion about it, and I'm just hoping that in the future we can have a little more understanding of what we're doing. That's all. Thank you. CHAIRMAN McDANIEL: Is there any comment from staff with regard to the clarification, or are we -- are you clear now? COMMISSIONER SAUNDERS: Should we continue this for two weeks? COMMISSIONER TAYLOR: Yeah. Let's do it, and then we'll discuss it a third time. We'll bring you back a third time. CHAIRMAN McDANIEL: Quit; quit. COMMISSIONER SAUNDERS: Just kidding. I'm just kidding. CHAIRMAN McDANIEL: Make a motion. MR. MILLER: Mr. Chairman, I do have registered speaker, Chad Ott, and he's been ceded time from Dr. David Watson. I don't know if that's necessary or not. CHAIRMAN McDANIEL: Chad, are you -- have you -- Commissioner Solis, this is -- and this is me. Is this -- have your questions been answered satisfactorily? COMMISSIONER SOLIS: One of the problems is I haven't had a chance to actually speak to anybody other than at a break. I mean, as I understand it, it's a -- it's to finance an expansion at the Community School. MR. OTT: Yes, that in addition to refinancing existing debt in a new offering that we're going to put forward at this point based on where the markets are. September 24, 2019 Page 171 COMMISSIONER SOLIS: And because we've done this in the past. MR. OTT: We have. COMMISSIONER SOLIS: Right. How many -- I mean, we've done this four or five times -- four times in the past. So this is helping to refinance one of the prior ones? MR. OTT: And add additional development. COMMISSIONER SOLIS: Okay, okay. MR. OCHS: My name is Chad Ott. I'm here today representing the Community School of Naples as its treasurer and vice president of the board of trustees. COMMISSIONER SOLIS: Okay. And that's -- again, I just thought it would be helpful to understand what we're doing. These industrial revenue bonds, as I understand it, are kind of a conduit to help with making taxes and financing available for communities and community improvements and projects that would -- otherwise maybe wouldn't get done. So I just wanted to understand what we were doing and have a little discussion about it, and that's all. MR. OTT: Yes, sir. In particular, as it relates to us, educational facilities are eligible uses for this type of funding. COMMISSIONER SOLIS: Okay. Yes, all my questions have been answered. CHAIRMAN McDANIEL: Outstanding. Commissioner Taylor. COMMISSIONER TAYLOR: Just a point. I don't know if it's from staff or from our County Attorney. Can you please give us the role of the county in this process. MR. KLATZKOW: Sort of just as a -- somebody just checks to make sure that it's fine. I mean, somebody has to do that; otherwise they would just be applying for the revenue bonds without any oversight. So at the end of the day this is really one of the few September 24, 2019 Page 172 abilities for somebody to sniff test something like that. COMMISSIONER TAYLOR: And to make sure it's -- that, number one, it is an educational facility or it is a hospital or whatever the application, wherever it comes from, that kind of thing? MR. KLATZKOW: Yeah. Over the course of time, we've seen a number of these things, and they do tend to be, you know, hospitals and schools. COMMISSIONER TAYLOR: So make sure the hospital is a hospital and the educational facility is an educational facility? MR. KLATZKOW: Yeah. And I do that, and I make sure that it meets the legality. But it's your job to basically say, yes, we think this is something that at the end of the day is deserving of a subsidy, because that's really what we're talking about here. These are, in essence, at the end of the day, subsidized bonds, and you're saying, yes, this is a public purpose, that's fine. Now, it doesn't -- it doesn't cost us anything. COMMISSIONER SOLIS: Right. MR. KLATZKOW: And we're not backing the bonds, but it's sort of the ability for a governing board to say, yes, this is a good thing. COMMISSIONER TAYLOR: And the public purpose, Mr. Ott, clearly, how much -- what's your scholarship on an annual basis for those -- MR. OTT: We allocate roughly $3 million a year to financial aid on an ongoing basis, and I think currently that supports 147 students out of our 800. I would like to add, though, that the Industrial Development Authority does due diligence on both our application and our presentation. We did that several months ago now. And that board found us unanimously worthy of proceeding through the issue. So there are other levels of due diligence that take place before it September 24, 2019 Page 173 comes to you for approval. COMMISSIONER TAYLOR: I think that's Mr. Pickworth's theory. MR. OTT: Yes, ma'am. COMMISSIONER SOLIS: So, I mean, I'll make a motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER SAUNDERS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the agenda item as presented and recommended by staff. 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 SOLIS: And I'll apologize that you had to stay here through all the other stuff that you've sat here through. MR. KLATZKOW: No. On a going-forward basis, do you want these on regular agenda or consent? COMMISSIONER SOLIS: I mean, that's actually, ultimately the question I wanted to pose to my colleagues is do we want to -- do we want to regularly hear these things just to know what they are that we're approving since we don't get the presentations? COMMISSIONER TAYLOR: That's what staff is there for is the questions you asked. September 24, 2019 Page 174 COMMISSIONER SAUNDERS: Let's keep them on the consent agenda, and if you want to pull it, then pull it, but -- COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: When I met with senior staff yesterday in my one-on-ones, I asked the question, was this a regular event? Who else were we able to and had we done these things for and supported, and got my questions answered in private. So, I mean, again, we're certainly welcome to bring them up whenever you wish -- COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: -- so that's how I managed my questions. MR. OTT: Mr. Pickworth, do you have something you'd like to be recognized? CHAIRMAN McDANIEL: I don't know we're going to let him talk; we've already voted. No, come on. MR. PICKWORTH: What we probably could resurrect that we used to do -- and I don't know how we stopped doing this, but it used to be at the same time I turned in the agenda item, I'd meet with -- I forget, like, your finance guy, Mark. I'd meet with him and a couple of the other senior people, and we'd talk about it. And, you know, if they saw any wrinkles, then it would, you know, not be on consent, but if it was pretty straightforward, then it would stay on consent. So it was sort of -- it wasn't really a formalistic thing, but we'd go over it. And we can resurrect that, and that will probably -- MR. KLATZKOW: That's probably a good procedure. COMMISSIONER SOLIS: Yeah, okay. That sounds good to me. Thank you. MR. OTT: Thank you for your authorization. CHAIRMAN McDANIEL: Appreciate you being here today. COMMISSIONER TAYLOR: It was a fascinating afternoon, September 24, 2019 Page 175 right? COMMISSIONER FIALA: It's called entertainment. Item #9C ORDINANCE 2019-23: GOLDEN GATE AREA MASTER PLAN; ORDINANCE 2019-24: GOLDEN GATE CITY SUB-ELEMENT; ORDINANCE 2019-25: URBAN G.G. ESTATES SUB-ELEMENT; ORDINANCE 2019-26: RURAL G.G. ESTATES SUB-ELEMENT; ORDINANCE 2019-27: FUTURE LAND USE ELEMENT); ORDINANCE 2019-28: CONSERVATION/COASTAL MGMT; ORDINANCE 2019-29: SOLID WASTE SUB-ELEMENT; ORDINANCE 2019-30: STORMWATER MGMT SUB-ELEMENT; ORDINANCE 2019-31: TRANSPORTATION ELEMENT: AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY CREATING THE GOLDEN GATE CITY SUB- ELEMENT, THE URBAN GOLDEN GATE ESTATES SUB- ELEMENT, AND THE RURAL GOLDEN GATE ESTATES SUB- ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND CORRESPONDING AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, THE SOLID WASTE SUB-ELEMENT AND STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, THE TRANSPORTATION ELEMENT, AND THE FUTURE LAND USE ELEMENT AND TO TRANSMIT THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND OTHER APPLICABLE AGENCIES – ADOPTED September 24, 2019 Page 176 MR. OCHS: Commissioners, that takes us to Item 9C. This is a recommendation to review and adopt proposed amendments to the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan. Ms. Anita Jenkins, who wanted to be last on today's agenda but I forced her to move it up to this particular time -- go ahead. MR. MILLER: And I do have one registered speaker. CHAIRMAN McDANIEL: Yes, we know. He's sitting right there. MR. MILLER: Yes, he is. MS. JENKINS: Good afternoon, Commissioners. Anita Jenkins with your Community Planning Section. Today we are at adoption of the Golden Gate Area Master Plan. It was transmitted by this board earlier this year. DEO did review it, Department of Economic Opportunity. They came back with no comments, recommendations, or objections to it. The Planning Commission did vote unanimously to transmit it to you. There was one slight change, though, that I'd like to bring to your attention. You remember when the Golden Gate Rural Estates Civic Association presented some language changes to you at your transmittal hearing, and it was related to neighborhood churches, and the idea was to put in "neighborhood" in front of churches in the Estates and also in the city of Golden Gate. Staff presented a recommendation to the Planning Commission to leave neighborhood churches in the Estates but remove "neighborhood" as a qualifier for churches within Golden Gate City. So that was a change that was specifically made along with trifurcating this plan, all the goals, objectives, and policies and the map sets that go along with that. So those were the major changes, but that was -- from your transmittal and coming back to you today, it was just the September 24, 2019 Page 177 neighborhood church in Golden Gate City that was recommended to change. The Planning Commission agreed with that. CHAIRMAN McDANIEL: Outstanding. I want to see this -- I'm going to make a motion for approval of this. COMMISSIONER TAYLOR: I'll second. CHAIRMAN McDANIEL: And I want to compliment staff in their efforts. I watched for years from when Commissioner Nance sat in this seat and appropriated the funds to do these far-overdue reviews of our land-use plans. I've watched you come to enumerable public hearings working with our community to effectuate far-overdue adjustments to -- how long's it been since this master plan's been touched? MS. JENKINS: Since 2004. CHAIRMAN McDANIEL: Yeah. So having said that, it's been moved and seconded that we -- now, we do have a public speaker, and I want to hear -- I'm sure Mr. Ramsey will want to -- COMMISSIONER TAYLOR: He's going to talk us out of it. COMMISSIONER FIALA: He's been here all day. COMMISSIONER TAYLOR: Are you going to talk us out of it, sir? CHAIRMAN McDANIEL: He's very patient, very patient. MR. RAMSEY: Good afternoon. Mike Ramsey, President of the Golden Gate Estates Area Civic Association. I just kind of want to echo some of the stuff that Commissioner McDaniel said. With staff, Anita and the rest, we have spent many years going to meetings, and we have -- what I think have come to an understanding of what the residents don't like, really don't like, and really, really, really don't like, and really don't like anymore. But we went through the meetings, and we think we've come to a point right now where we've kind of got to an understanding of the condition of the community, the attitudes of the residents, and kind of September 24, 2019 Page 178 where we're at right now. And I think we're in a good place to adopt this and move on. And I think the trifurcation might help with some of that, too. So I want to thank the Commission for helping us with these last-minute ideas, and thank you, staff. It's been fun. I can't wait for the next time. CHAIRMAN McDANIEL: And, you know, it's been mentioned a couple times, the trifurcation. We actually had to check to make sure that was a word when I used it a while ago, and it is the delineation of the geographic bounds of Golden Gate. The urban Golden Gate Estates, which we use 951 as the dividing line; the Golden Gate Estates, the four square miles; and then rural Golden Gate Estates, which is 951 east. And that allow -- that will allow for those folks in those different neighborhoods to reach out and touch their land-use plans individually and not negatively or impact folks that are in an entirely separately -- different geographic area. So it's going to enhance Commissioner Saunders' efforts in what he's got going on in Golden Gate City and as well as the Rural Estates, and in the Urban Estates as well, so I'm really pleased. And I really want to thank you and compliment you on your work. COMMISSIONER FIALA: Before you let her go -- CHAIRMAN McDANIEL: I've got Andy lit up. Do you want to say something? COMMISSIONER FIALA: Just at the end, after this is all discussed, but I don't want to lose -- CHAIRMAN McDANIEL: Don't go away. COMMISSIONER SOLIS: I was just going to say the same things. I mean, this is how the process is supposed to work. I mean, hopefully, Mr. Ramsey, not only did we learn what the residents don't like and really, really -- and really, really, really, really don't like, but also what they like, and I hope that's included in there as well, September 24, 2019 Page 179 because that's the process, and I'm glad we have gotten to this to -- to where we are. I mean, this is the way the process is supposed to work. The residents are happy with it, and it's going to move the county forward. So thanks for all the work, and thank you for all the time you've spent going to meetings as well. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yeah. Well, being that we're talking about master plans, we have been looking for the corridor master plan for quite some time. And now you're finished with Golden Gate, and I know that's busy. And but -- and Mike Bosi is gone now. We need a master plan. We need a corridor master plan. We just need some guidance, and it's not going anywhere. So I'm just laying that on your shoulders and seeing what we can do about moving it forward. CHAIRMAN McDANIEL: Talk to the boss man about that. COMMISSIONER FIALA: Oh, I know. I'm talking to him right now. CHAIRMAN McDANIEL: All right. It's been moved and seconded that we accept for adoption the Golden Gate Master Plan as presented. Any other discussion? What? MS. JENKINS: There are several other elements, so we might need to have that as part of your motion, the other elements that are included in the Golden Gate Area Master Plan, Transportation Element, Solid Waste, so... MR. OCHS: Inclusive of all the elements outlined in the executive summary. MS. JENKINS: Yeah, staff recommendations. CHAIRMAN McDANIEL: That was the intent of my motion when I -- when I did it. But if you want it to be specific, I'll be -- I'll reiterate it just to include those elements as such. COMMISSIONER TAYLOR: And I'll agree to the amendment. September 24, 2019 Page 180 CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: As the seconder. CHAIRMAN McDANIEL: As the seconder. It's been moved and seconded-er that's we pass the adoption -- for adoption the Golden Gate Master Plan as presented along with those elements. 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 FIALA: They're been working a long time at that. They've worked hard at it. CHAIRMAN McDANIEL: Thank you. Thank you. COMMISSIONER FIALA: He's never given up on us. CHAIRMAN McDANIEL: No, no, no. I used to sit out there with him. Item #10B APPOINTING A MEMBER TO REPRESENT M-CORES (MULTI- USE CORRIDORS OF REGIONAL ECONOMIC SIGNIFICANCE) TASK FORCE - MOTION TO APPOINT COMMISSIONER TAYLOR – APPROVED MR. OCHS: Commissioners, we move to Item 10B. This is a September 24, 2019 Page 181 recommendation to appoint a member to represent the Multi Use Corridors of Regional Economic Significance Task Force from the Florida Department of Transportation. Mr. Casalanguida can give you a brief explanation if you need it. CHAIRMAN McDANIEL: I mean, we know what it's for, but go ahead. MR. CASALANGUIDA: Okay. Well, Commissioner McDaniel's on the Regional Planning Council. The governor and legislator signed the bill to fast-track three projects. One of them is from Polk County to Collier County. So they've asked for two appointees, and they really would like to have board members or significant public officials. They'd be affirming Commissioner McDaniel's position through the RPC, and then having one more from this group participate. COMMISSIONER SOLIS: Is there any reason that our esteemed chair wouldn't be the one? CHAIRMAN McDANIEL: You know, that kind of sort of was my thought, but one of the -- if you look at the governor's order with regard to this committee and the makeup of it, more is merrier. We're not dictating or we're not -- at this level we're not picking a corridor. What we're doing is going through the public-input process, and as -- and there again, I had a nice meeting with Meredith Budd, now, and she reminded me of that. I kind of thought it was a waste to have two of us going there to represent us, because I'm already there for the Planning Commission. But, you know, somebody else might have been an additional idea. So if -- I'd be happy to do it, but the rationale is, is more is merrier, if I'm not mistaken. Is that basically your thoughts? MR. CASALANGUIDA: Well, I mean, if you look at the list from local government, I think the way the makeup is -- or they September 24, 2019 Page 182 talked about MPOs, regional planning councils and specific government individuals, the corridor alignment starts -- it's really in an area of State Road 29, I-75. So obviously District 5 is predominantly impacted. The district secretary suggested two individuals. That was his recommendation. And he'd really like to get the board members engaged because of this high-profile project, so... CHAIRMAN McDANIEL: And Reg Buxton, as you recall, he, on our MPO -- he's the chair of the MPO. He is the MPO's representative, so -- and it's really -- COMMISSIONER FIALA: Didn't he volunteer, too, to do this? CHAIRMAN McDANIEL: I did. COMMISSIONER FIALA: No, I said Reg. Didn't Reg -- CHAIRMAN McDANIEL: Reg did volunteer. At the time I actually thought it was an additional duplication as well, because I'm already on the MPO and I'm at the RPC, and I'm here as well. But I think the impetus behind this request is to have another viewpoint. COMMISSIONER FIALA: And I -- at the time that Reg volunteered -- and I think it was at our MPO meeting, wasn't it? CHAIRMAN McDANIEL: It was, yes, ma'am. COMMISSIONER FIALA: And I said, oh, I'll even volunteer to second it or be a second one in place. But I think it's a great idea that Reg wanted to do that, and I'll go and hold his hand or -- CHAIRMAN McDANIEL: You're going to be the alternate. COMMISSIONER FIALA: Yeah, I'll be the alternate. CHAIRMAN McDANIEL: I think they're wanting someone from this board, and not staff, to volunteer. COMMISSIONER TAYLOR: I'll volunteer. COMMISSIONER FIALA: Well, you have to go right after me. I already volunteered, but Reg is going. COMMISSIONER TAYLOR: You're the alternate. September 24, 2019 Page 183 CHAIRMAN McDANIEL: You're the alternate -- COMMISSIONER FIALA: Right after Reg. COMMISSIONER TAYLOR: No. I'll volunteer from this board. I'll be the representative of this board. COMMISSIONER FIALA: Oh, okay. CHAIRMAN McDANIEL: You're the alternate for Reg on the MPO. If he can't go, you'll go. COMMISSIONER FIALA: Okay. Oh, I see. Okay. CHAIRMAN McDANIEL: And then Commissioner Taylor will go, once I make the motion to nominate her as the representative from this board, which I just did. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: And it's been secondeded. I started adding the extra ed, ed, ed. So with that, it's been moved and seconded that Commissioner Taylor from this board serve as the representative for the M-CORES process. 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. Thank you for volunteering. I thought – Item #11A September 24, 2019 Page 184 AWARD INVITATION TO BID NO. 19-7654 CLAM PASS, NORTH PARK SHORE AND PARK SHORE BEACH RE- NOURISHMENT TO EARTH TECH ENTERPRISES, INC., IN THE AMOUNT OF $3,579,500, AUTHORIZE NECESSARY BUDGET AMENDMENTS, AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 90067 AND 90069) – APPROVED MR. OCHS: Commissioners, that takes us to Item 11A. This a recommendation to award a construction contract for the Clam Pass, North Park Shore, and Parkshore beach renourishment project to Earth Tech Enterprises, Incorporated, in the amount of $3,379,500; authorize necessary budget amendments; authorize the chairman to execute the agreement; make a finding that this item promotes tourism. Mr. McAlpin can -- COMMISSIONER FIALA: I'd like to -- COMMISSIONER TAYLOR: Are you going to make a motion to approve? COMMISSIONER FIALA: Yeah, he was giving such an outstanding performance here, I thought -- COMMISSIONER TAYLOR: I'll second it, but I do have a question. MR. McALPIN: Yes. COMMISSIONER TAYLOR: When are we doing a hopper dredge? What's the plan? MR. McALPIN: There's no plan in the foreseeable future for a hopper dredge. It would probably come with the implementation of the U.S. Army Corp of Engineers' project, and that will probably be something in the range of 2024. COMMISSIONER TAYLOR: Okay. So we're talking five September 24, 2019 Page 185 years, six years? MR. McALPIN: That's correct. COMMISSIONER TAYLOR: Okay, good. CHAIRMAN McDANIEL: Have you looked at the cost differential between a hopper dredge and the upland sand use? COMMISSIONER TAYLOR: Have you -- I'll tell you what, when you have 80 trucks a day sunrise to sunset for seven days a week, you look at a hopper dredge. When you have the City of Estero concerned about where the sand is going down and wanting to block it with a truck because they don't like the wear and tear on the roads, you look at a hopper. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Okay. Have you looked at the cost differential between the utilization of a hopper dredge and upland sands? COMMISSIONER TAYLOR: I think there's more to it than just the actual cost in terms of smaller ones. But if you're going -- CHAIRMAN McDANIEL: You brought up subjects I didn't ask the question of. I know about all those other things. I just wanted to know if you'd actually looked at that. COMMISSIONER TAYLOR: You're an old pit man. CHAIRMAN McDANIEL: I am. COMMISSIONER TAYLOR: You like that kind of stuff. CHAIRMAN McDANIEL: I see there are issues, but we'll have that discussion some day when we have it. Be still, Commissioner Saunders. It's been moved and seconded that we accept the -- we accept the report with regard -- or the -- MR. OCHS: Contract. CHAIRMAN McDANIEL: -- the agreement and the contract September 24, 2019 Page 186 for the beach renourishment as presented so well by Mr. McAlpin. 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. MR. McALPIN: Thank you, Commissioners. CHAIRMAN McDANIEL: Outstanding presentation. Item #11B A REAL ESTATE SALES AGREEMENT FOR THE SALE OF THE RANDALL CURVE 47 +/- ACRE PARCEL, LESS AND EXCEPT THE ONE (1) ACRE PARCEL TO BE RETAINED BY THE COUNTY, TO CROWN MANAGEMENT SERVICES, LLC FOR $3,750,000 AND ACCEPT THE 10 +/- ACRE PARCEL AT THE ESTATES SHOPPING CENTER – APPROVED MR. OCHS: Item 11B is a recommendation to approve and execute the real estate sales agreement for the sale of the Randall Curve 47-acre parcel, less and except the one-acre parcel to be retained by the county, to Crown Management Services, LLC, $3,750,000, and accept the 10-plus-or-minus-acre parcel at the Estates shopping center. Mr. Michael Dowling from your Real Estate Services Division September 24, 2019 Page 187 can make the presentation or is available for questions. Commissioners, this is something I put on the regular agenda just because I wanted to put a bow around it. I think it's a good-news item; otherwise, it would have been a routine sales and purchase agreement -- COMMISSIONER SOLIS: Absolutely. MR. OCHS: -- but I know the chair -- COMMISSIONER TAYLOR: I'd like to move approval. COMMISSIONER SOLIS: Second it. You should second it. CHAIRMAN McDANIEL: It doesn't matter. COMMISSIONER TAYLOR: I think it's such a wonderful ending to such a contentious issue for so long. CHAIRMAN McDANIEL: My goodness. COMMISSIONER TAYLOR: And it's very exciting. I look forward to seeing the changes. CHAIRMAN McDANIEL: It's by no means an ending. It's the beginning of a different end. How about that? COMMISSIONER TAYLOR: There you go. COMMISSIONER SOLIS: And I'd like to commend our chairman for his persistence and -- MR. OCHS: He still owes me a bus barn and a road and bridge operations center. He knows about that. CHAIRMAN McDANIEL: We're working on it. MR. OCHS: We're working on it. COMMISSIONER SOLIS: But, no, honestly, that's -- congratulations, because your persistence ended with us ending here, and it's the right thing and a good thing. CHAIRMAN McDANIEL: It was with the support of the community, again. And as we go I -- thank you. It's been moved and seconded that we accept the real estate transaction as printed. Any September 24, 2019 Page 188 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. MR. OCHS: Thank you, Commissioners. Item #11C SELECTION OF THE OPTIONS PRESENTED FOR CREATION OF A COMPLETE COUNT COMMITTEE IN CONJUNCTION WITH THE UPCOMING 2020 UNITED STATES CENSUS - MOTION TO SELECT THE PRIVATE SECTOR OPTION WITH STAFF’S SUPPORT – APPROVED MR. OCHS: Item 11C is a recommendation to select among the options presented for creation of a Complete Count Committee in conjunction with the upcoming 2020 United States Census, and Mr. Mullins will make a brief presentation. MR. MULLINS: Thank you. For the record, John Mullins, Government Affairs Manager. And at the last board meeting staff was directed to survey and analyze Complete Count Committees in Florida, and to do this staff scoured the websites for the other 66 Florida counties, and staff requested simultaneously that a survey be dispatched by the Florida September 24, 2019 Page 189 Association of Counties, which received about one-third response from the counties in the time allotted that we had between that meeting and this one. We also reached out to the Census Bureau's posted contacts for the CCCs established at the City of Naples and City of Marco Island to gauge interest in coordinating with county should the BCC create a CCC. And I'll have more on that in a moment. Hopefully we won't get lost in the acronyms. I know it's an acronym-free zone, but... Staff received an invitation also that was forwarded last week from Collier County Public Schools to provide a county representative to their 2020 census work group for their first meeting on Thursday, October 10th. Now, as I mentioned, the staff reached out to the City of Naples and Marco Island to see if their bureau listed CCCs would be interested in coordinating with the county. So imagine our surprise to find out that neither municipality has actually created a committee. And I've been in contact with the Census Bureau's regional representative for Collier County and Lee Counties, Michelle Malsbury, who informed me that the bureau's in the process of merging databases, and the website map and contact listing likely cannot be trusted. So the original list of 60 counties derived from this database of having created CCCs is potentially inaccurate. Now, however, I can confirm from our research and survey that at least 25 counties have taken some sort of action to assist in the census, and five have opted to do nothing. She also informed me that currently there are no CCCs established in Collier County, and the City of Naples is going to hear a presentation on CCCs next month, but the public schools are the only group about to formally get underway. She also stated that Lee and Charlotte Counties were no further September 24, 2019 Page 190 along in the CCC establishment and that most Florida CCCs are in the formation and educational process with the target of beginning the bulk of the census awareness mission at the first of next year. Now, regardless of how you approach achieving a complete county -- and I notice the screens are not up. I'm sorry. Troy, can you put that up there. There we go. Regardless of how you approach achieving a complete count, a Census Bureau recommendation is to focus particular attention on census tracks that are expected to have lower response rates. And as you can see on the Bureau's response outreach area mapper, Collier County's unincorporated areas of predicted lowest response are Immokalee and the northeast quadrant of Golden Gate City. It's expected that between 30 and 50 percent of persons in those tracks will not respond to the census. I can also give you an overall historic perspective for Collier County. After the 2000 census, the response rate in Collier was 64 percent; after the 2010 census, it had increased to 71 percent; and the Census Bureau's goal for the 2020 census is to get it over 80 percent. Now, in analyzing the different approaches of Florida county governments to complete count committees, there are examples all over the board. They can be condensed into three distinct options. The first I have labeled the private-sector option. Though, with the public school's invitation, you could amend that label to include other public entities. But the result is the same. The BCC didn't create one. Instead, they allowed more administratively flexible private sector or other various organizations to create and operate CCCs that, of course, they could always opt to individually participate. The second approach was also not to create a committee but to instruct the county's administrator to use applicable staff, functions, resources, and programs to increase awareness and participation in the 2020 census. In particular, Monroe County, by resolution, September 24, 2019 Page 191 anointed (sic) a complete-count coordinator from existing staff that advances the county's goals of census awareness and participation. And I'll also say that Monroe County has one of the highest census response rates at over 93 percent. And they have Key West. Imagine that. I don't understand how that happened. Finally, there was the BCC-created option. As labeled, this was the most direct governmental approach with varied levels of BCC involvement and Sunshine Law application. But most of these CCCs had commissioners on or even chairing the committee. In some cases, the CCCs were required to present an action plan to the County Commission for consideration and approval. Now, in regard to Sunshine Law, some of these counties are applying it to the main CC Steering Committee that features elected official participation but not the subcommittees that are mainly populated by the volunteers. Some limited the CCC role to information gathering, educational, or fact finding to try and sidestep Sunshine Law entirely. Still others, recognizing that the CCC may consider various options, narrow choices, and present recommendations to the County Commission, opted to specify compliance with Sunshine Law. Now, at this point, I'd like to pause for discussion because the first two of these three options I have just briefly outlined, if selected, obviously negate the need to go further, and I want to be respectful of your time. Now, should you opt for one of the first two, I'm prepared -- if you're not willing to opt for one of the first two, I'm prepared to address the BCC-created option in more detail. CHAIRMAN McDANIEL: Well, I have a whole bunch of lights up here. We're going to go to Commissioner Saunders first. COMMISSIONER SAUNDERS: Okay. Nice presentation. I September 24, 2019 Page 192 expect to see you at the comedy club in a few weeks. I prefer -- just my preference would be the private-sector option with staff support, staff providing technical support and guidance; however -- whatever kind of support they would need. That way we avoid two things. One, there's no Sunshine issue. It's a private committee, and we're just providing some technical support to it. And, secondly, it eliminates anybody alleging that we have all Republicans on the County Commission and, you know, we're not doing the count properly, we're not directing the committee properly. So that takes all the politics out of it as far as the County Commission is concerned. CHAIRMAN McDANIEL: And that was a private-sector option, Number 1, you want? COMMISSIONER SAUNDERS: Yeah, exactly. And I think we all agree that it's critically important that we get an accurate count, and we should set up the committee to help -- to make that happen. MR. MULLIN: And one thing to keep in mind, regardless of whatever option you choose to exercise, this only supplements what the Census Bureau is already doing. The Census Bureau has a regional representative here. They hire temporary employees for the census. They will go out. They will advertise. They will try to increase awareness. But the count will go on. Anything that any of these options creates just supplements that effort. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Just briefly describe what a census volunteer does, or paid volunteer. What do they do? Do they knock on the door and ask them? What? MR. MULHERE: Well, most of the time they conduct the events in the local community and help out with the -- whether it's, September 24, 2019 Page 193 you know, putting out door hangers or passing out brochures at different events. They also help with the canvassing after the census takes place on April 1st. So they have varied responsibilities. COMMISSIONER TAYLOR: But the actual gathering of information that has to come from the person to the census, or how -- does anybody knock on the door and fill out the blanks while you're standing there in the doorway? MR. MULLIN: That's part -- well, not during the census itself. That's actually something that's done online, and that's a big enhancement this year is trying to promote more response by doing it online instead of doing it in a mail-in type form. COMMISSIONER TAYLOR: Okay. MR. MULLIN: Now, afterwards, though, they could be part of that canvass going door to door for, you know, households that didn't respond. COMMISSIONER TAYLOR: I would support the private-sector option. I think it's a great option. We have leadership in Immokalee that -- the Redlands Christian Migrant Association. CHAIRMAN McDANIEL: RCMA for us locals. COMMISSIONER TAYLOR: RCMA. Yeah, RCMA is just extraordinary. They have their -- they have their hand on the pulse of that community. They're trusted. I think that's very important. In Golden Gate City, I'm not sure, but I'm sure it could be identified there. I think that it's -- the private-sector option is the way to go, especially because the school board now is going to get involved; is that correct? MR. MULLIN: Yes, ma'am. And we will have a seat at that table. COMMISSIONER TAYLOR: And that's really important, because kids go to school so, you know, you're able to -- teachers talk September 24, 2019 Page 194 to parents. There's some trust involved in that. So good. Thank you. Private sector. CHAIRMAN McDANIEL: Commissioner Taylor -- or Solis. COMMISSIONER SOLIS: I, as well, would like the private-sector thing, but I am fascinated that there are other local governments that are creating these so they're not covered by the Sunshine Law. How one might do that, I don't know. I mean, that's fascinating to me. MR. KLATZKOW: Yeah. They argue that it's fact finding. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: Only fact finding. MR. KLATZKOW: Only fact finding. I'm not sure what facts you're finding. COMMISSIONER SOLIS: Yeah, but they're finding something. MR. KLATZKOW: Yeah. COMMISSIONER SOLIS: And if they have to agree on the findings of the facts -- MR. KLATZKOW: Exactly. COMMISSIONER SOLIS: -- there's a Sunshine. MR. KLATZKOW: I think it's a terrible idea. COMMISSIONER SOLIS: Okay. No, I just found that interesting. So I would support the private sector as well. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yeah, I do, too. I think a couple of the problems that you've specified, though, like, for instance, it would be easier just for them to fill it out online, except maybe if they don't have a computer or if they have one and they don't understand what they're doing and they don't -- they have nobody to ask. So it would be handy-dandy if you could have a central point. Now, then, some harbor a concern about getting into -- September 24, 2019 Page 195 CHAIRMAN McDANIEL: I'm sorry. I was talking to Terri. Forgive me. I was checking on our court reporter and interrupted you. I didn't mean to. COMMISSIONER FIALA: Anyway, I think we just have to make sure that we try and get into all the nooks and crannies, because those are the ones -- the people like us, we're going to readily fill it out. We need to get the people that are hard to reach but are so important to be in the count. MR. MULLIN: And one of the things I could also point out to that fact is some of the counties that did not opt to create a complete-count committee still participated by opening up their libraries and allowing those public computers to be accessed by the citizenry to fill out census forms or offered their WiFi in the library as well for people to bring in laptops if they didn't have a WiFi connection available. So there are others ways to promote it. COMMISSIONER FIALA: And maybe we have to even get into communities that kind of hide off to themselves, you know, or that maybe don't speak English or don't understand what they're doing or are frightened to do it. We want -- they don't realize that nobody's going to capture them. We need to know where they are and who they are, not so much how to reach them or anything else, but just so that we have a full count. And somehow we've got to get, like, the ministers or something to preach it in church. That would be a nice way, because that's probably the easiest way to reach a lot of those people that are unreachable otherwise. CHAIRMAN McDANIEL: Yeah. I had a Haitian minister that served as an interpreter at my town hall over in Immokalee. And whatever he said, those people just did. We had a really good turnout, by the way, because he told them all -- he told his whole congregation to come to the town hall, and it was really good. We September 24, 2019 Page 196 had some really nice questions. And from my point is I concur as well. It's imperative that we have accurate information with regard to this for us as a community and all of our grant applications, how we manage what we do all day every day all the way down to FEMA and such. It's imperative that we have accurate -- and I think that's -- the private-sector option is the best option for us to, in fact, travel. So, Commissioner Saunders, since you started it off, you want to make a motion? COMMISSIONER SAUNDERS: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we select the Bullet Point 1 private-sector option. Any other discussion? COMMISSIONER SAUNDERS: Staff support. MR. MULLIN: Yes, sir. CHAIRMAN McDANIEL: Of course. 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. MR. OCHS: Very good. Item #11D ACCEPTANCE OF THE COMPLETED ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER – September 24, 2019 Page 197 APPROVED MR. OCHS: Item 11D is a recommendation to accept the Annual Performance Appraisal for the County Manager. COMMISSIONER SOLIS: Motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER SOLIS: Or accept and approve. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the annual performance analysis and appraisal for the County Manager. 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. MR. OCHS: Thank you, Commissioners. CHAIRMAN McDANIEL: That was 5-0, by the way. MR. OCHS: I counted that. CHAIRMAN McDANIEL: Now we're going to the County Attorney, and we'll see if he gets it. MR. OCHS: I do have one more item under 11 that was moved -- CHAIRMAN McDANIEL: Oh, yeah. Sorry. Item #11E September 24, 2019 Page 198 RESOLUTION 2019-183: THE ANNUAL RATE RESOLUTION TO ESTABLISH THE FEES, RATES, AND CHARGES FOR THE USE OF COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, RECYCLING DROP- OFF CENTER FEES, AND RESIDENTIAL MULTI-FAMILY AND COMMERCIAL WASTE COLLECTION FEES FOR FISCAL YEAR 2020 (FY20). THIS RESOLUTION ADOPTS THE RATES THAT FUND THE FY20 BUDGET FOR SOLID WASTE COLLECTION AND DISPOSAL AND INCREASES THE RATE TO 2.9 PERCENT ON LANDFILL TIPPING FEE AND 2.0 PERCENT FOR RESIDENTIAL SOLID WASTE COLLECTION ASSESSMENTS – ADOPTED MR. OCHS: -- this morning from the consent agenda. This is Item 11E. It was previously Item 16C2. It's a recommendation to approve the annual rate resolution establishing the fees and charges for the use of the Collier County Solid Waste Facilities. Commissioner Taylor moved this one, so we'll go to you, ma'am, and get your questions. COMMISSIONER TAYLOR: And I had some questions from the public because of news stories. MS. HODGSON: Sure. COMMISSIONER TAYLOR: And newspaper stories that – because of the more -- the more difficulty waste management companies have to dispose or to recycling. What they're doing is they're putting it in the landfill, and then what happens is they charge for recycling but it's really landfill. And then the question's pretty direct: Why in the world are we paying for recycling? So I thought, because this was on the agenda, it was probably an opportune time to put on the record what really is going on probably September 24, 2019 Page 199 in a short period of time and to get some clarity on the situation. MS. HODGSON: Sure. I'll leave it up to you, Commissioner Taylor, if you'd like me to give a couple slide presentations, or if you want me to just answer your question directly about commercial recycling. COMMISSIONER TAYLOR: How do you know that all the recycling is being recycled? MS. HODGSON: So Collier County maintains -- MR. OCHS: Your name. MS. HODGSON: I'm sorry. I'm Keri Hodgson, your Director of Solid and Hazardous Waste Management. Collier County maintains the franchise agreement that guarantees the disposal of the curbside recyclable goods. COMMISSIONER TAYLOR: Where? MS. HODGSON: So the curbside recyclable goods, some of them go to Pembroke Pines. Some of them go to Sarasota based on the market. The franchise agreement allows the curbside to go not in the county landfill. If there's anything that's contaminated, it does not go in Collier County's landfill, and that's part of the franchisee agreement. Your question was specifically to the commercial industry. Commercial industry is a free market for recycling in Collier County. So if the -- whoever they have a contract with for their recycling goods, they can choose if they want to impose a penalty or a fee or a fine for any contaminated goods of the recycling on the commercial side. So when it comes to the residential, it's a guaranteed disposal. The commercial is a free market. I'm sure you're aware that the recycling industry is having a lot of challenges right now making a market. So that's some of the September 24, 2019 Page 200 reason that the franchisees or whoever they're using for their collection might be imposing some of those fees or having some problems with those. COMMISSIONER TAYLOR: It's more expensive to recycle; is that it? MS. HODGSON: Yes. In some areas, yes. In Collier County right here, it's not an issue. COMMISSIONER TAYLOR: Okay. I think the story came from Lee County, but basically it was why should we pay for more when it's just dumped in the landfill anyway? So you're saying that here there's a -- there's a -- not a guarantee, but you have a lot of confidence that what is -- what we put as recycling, assuming it can be recycled, it's not dumped in our landfill? MS. HODGSON: I'm guaranteeing you it's not dumped in our landfill. COMMISSIONER TAYLOR: And it would be cost prohibitive for someone like Waste Management to take it to another landfill somewhere else? They wouldn't do it; it would just be cost prohibitive to do it? MS. HODGSON: It's in their contract that they -- they have to segregate it because they have to make it clean. China imposed a ban in 2017; it has to be clean. If they sent anything anywhere and it was contaminated, they would pay so much more for that cargo to come back. So you have to have some type of offset. So they have initiatives on the side to have people have the clean recycling. They can only regulate the commercial. They cannot do anything with the curbside. So it is not going in Collier County's landfill, for what that's worth. COMMISSIONER TAYLOR: Thank you. MS. HODGSON: Yep. September 24, 2019 Page 201 COMMISSIONER TAYLOR: That's it. CHAIRMAN McDANIEL: Commissioner Fiala? MS. HODGSON: Any other questions? COMMISSIONER FIALA: I took -- a couple times I took a small tour -- well, actually a busload of people over to Pembroke Pines. I wanted to see for myself, just as you're asking. And we all went over there and got to see the whole operation of the stuff that we're shipping over there. It was very, very interesting. Stunk, too. But, anyway, it was very interesting. COMMISSIONER TAYLOR: Thank you very much. I'd like to move approval of 11E. COMMISSIONER FIALA: Second. COMMISSIONER SAUNDERS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that 11E be approved as submitted. 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. MS. HODGSON: Thank you, Commissioners. CHAIRMAN McDANIEL: Nice job, Ms. Keri. Item #12A ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY September 24, 2019 Page 202 ATTORNEY – APPROVED MR. OCHS: Commissioners, that moves us now to 12A. This is the Annual Performance Appraisal for -- CHAIRMAN McDANIEL: And before we go on to that, I just -- we're at the hour-and-a-half mark for our court reporter. COMMISSIONER TAYLOR: We're almost done. CHAIRMAN McDANIEL: I understand where we are. I want to ask the court reporter if it's okay if we continue on, because we're almost done. She's been -- she's expressing being tired, and we do have a little -- we have a little more time with commissioners' comments and such. So you going to be able to hang? COURT REPORTER: (Nods head.) CHAIRMAN McDANIEL: So please proceed, County Manager. MR. OCHS: That was it, sir. I'll turn it to Mr. Klatzkow. It's his annual performance appraisal. CHAIRMAN McDANIEL: Oh, yes. COMMISSIONER SOLIS: I'll make a motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept and approve the County Attorney's appraisal for his annual review. Any other discussion? (No response.) COMMISSIONER SOLIS: Only an observation; that he is not using his grumpy coffee mug today. CHAIRMAN McDANIEL: There you go. COMMISSIONER SOLIS: Is that the grumpy coffee mug? Oh, it is the grumpy coffee mug. That's a new grumpy coffee mug, isn't it? You've got an upgraded. September 24, 2019 Page 203 COMMISSIONER FIALA: Maybe somebody felt he needed more than one. MR. KLATZKOW: That was a birthday gift. MR. MILLER: I'm waiting on the shirt that says "I'm with Grumpy" and has the arrow. CHAIRMAN McDANIEL: All right. It's been moved and seconded that we approve and accept the County Attorney's annual appraisal. 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. MR. KLATZKOW: Thank you, Commissioners. CHAIRMAN McDANIEL: Absolutely. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to Item 15A, BCC future workshop schedule and staff and commission general communications. Again, just a reminder, Commissioners, October 29th in this chambers will be your Mental Health and Addiction Ad Hoc Committee workshop where you'll hear the proposed strategic plan September 24, 2019 Page 204 by the ad hoc committee. We're looking forward to that. CHAIRMAN McDANIEL: Yes, we are. MR. OCHS: That's all I have, Mr. Chairman. CHAIRMAN McDANIEL: Okay. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN McDANIEL: Madam Clerk? THE CLERK: Nothing. Thank you. CHAIRMAN McDANIEL: Commissioner Solis? COMMISSIONER SOLIS: I would just like to express my amazement at what a cruel world we live in, because not only does Commissioner Saunders have more black in his beard, but he has twice as much hair as I have, and he's way older than I am. So I'm just -- I just want to make that -- and put that on the record that I feel personally slighted by the universe. COMMISSIONER SAUNDERS: I like to think that I'm just a little bit more mature than you. COMMISSIONER SOLIS: That's all I have. COMMISSIONER FIALA: Well, I love being in this comedy show. It was wonderful. I was a good audience, too, I'm sure. CHAIRMAN McDANIEL: Commissioner Fiala, since we're to you, let's go. Do you have comments? COMMISSIONER FIALA: Yes. I would like to remind everything to mark your calendars way ahead of time for the Farm-City Barbecue the day before Thanksgiving, because we're all going to be serving food there. I guess not you; you're going to not be here. CHAIRMAN McDANIEL: Not me. COMMISSIONER FIALA: But the rest of us are all going to be doing that. And for those out there who are glued to their television sets, I'm selling tickets for Farm-City Barbecue, and they're 20 bucks apiece. And I'd love to have you-all buy them because $15 of the 20 September 24, 2019 Page 205 bucks goes to the kids in the community, and -- which I think is just wonderful, and the other goes to pay the bands, and we're going to have Ben Allen Band there, so, you know, you have to be there. COMMISSIONER SOLIS: Where is it this year? COMMISSIONER FIALA: It's downtown. COMMISSIONER SOLIS: At Cambier. That's what I thought. COMMISSIONER FIALA: Cambier Park. Thanks for asking that. COMMISSIONER SOLIS: That's what I thought. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. We got a request from the Park and Recreation Advisory Board to proceed to the naming of the adaptive sailing center in East Naples at the Sugden Park after Murdo Smith. And I know we have a process to go through for naming things, but I'd like to go ahead and put that on the agenda. The -- I think all of us were at the memorial service for Murdo Smith, and there was a just an incredible outpouring of community support for his family and a recognition of what he did to really establish that sailing center. COMMISSIONER FIALA: That's so great. I would like to second the motion if that's a motion. COMMISSIONER SAUNDERS: Yes. COMMISSIONER FIALA: I want to tell you, Burt hung around a lot at Sugden Park and worked with the kids on their water skiing programs and everything for a long time there, and so he knows that park well. So what are we going to name after Murdo? COMMISSIONER SAUNDERS: The adaptive sailing center. CHAIRMAN McDANIEL: You want to bring that forward? I see all kinds of head nods here for that, so... COMMISSIONER SAUNDERS: And then, secondly, I think the County Attorney's going to bring forward some amendments to September 24, 2019 Page 206 our smoking ordinance to include the -- make sure that vaping is prohibited in county facilities. And the one question I had in reference to that is I assume that the vaping prohibition can apply to all vaping, not just tobacco, flavored vaping, or products that have nicotine in them, but any flavored vaping, all of that, so... MR. KLATZKOW: Yes. And it will be at your next meeting. COMMISSIONER SAUNDERS: Yeah, great. Thank you. CHAIRMAN McDANIEL: We'll see how that goes. Commissioner Taylor. COMMISSIONER TAYLOR: He didn't say chewing tobacco. He said vaping. CHAIRMAN McDANIEL: I heard what he said. I quit chewing tobacco a long time ago. COMMISSIONER TAYLOR: I just would like some information, County Manager, where we are with Station 41 or 14 -- or 41, I think it is. I mean, we have -- did we ever do a first right of refusal? Where are we with that? MR. OCHS: The commissioner's referring to North Collier Fire Station 40 there on Pine Ridge Road -- COMMISSIONER TAYLOR: Forty. MR. OCHS: -- which we made an offer -- we, the Board, made an offer to purchase a few months ago. They've had a new chief since then, and I'm advised by our Chief Butcher that their board has suspended any decision on that to allow the chief to evaluate some other options about where they might want to locate within the district. So we're monitoring that, Commissioner. Once the fire board makes some decisions about that particular issue, we'll certainly advise the board and take whatever follow-up action you-all direct. COMMISSIONER TAYLOR: So in a sense they've withdrawn their -- September 24, 2019 Page 207 MR. OCHS: Yes. It's not on the market right now. COMMISSIONER TAYLOR: Okay. Okay. Do we have -- I don't know the process, the legal process. But if it's been withdrawn, we really can't put in a first right of refusal, right? MR. OCHS: Yeah. It's not active right now. We're watching it closely. And they know that the Board is interested, so I would suspect they would give us an opportunity even if they had another offer. COMMISSIONER TAYLOR: You would suspect. MR. OCHS: I would suspect. COMMISSIONER TAYLOR: I'll hold you to that, sir. MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: Thank you. That's it. CHAIRMAN McDANIEL: And I have -- I have no additional comments whatsoever. What are you making a face about now? COMMISSIONER TAYLOR: I can't believe it. CHAIRMAN McDANIEL: First time? COMMISSIONER TAYLOR: It's because you're chewing some -- what are you chewing? CHAIRMAN McDANIEL: A piece of candy. Having said that, I'll see you all in October. **** Commissioner Taylor moved, seconded by Commissioner Fiala and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $56,620 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK September 24, 2019 Page 208 AUTHORIZATION (EWA) (PL20170004022) FOR WORK ASSOCIATED WITH VANDERBILT RESERVE Item #16A2 SUPPLEMENTAL AGREEMENT #2 TO LAP AGREEMENT #436971-1-98-01, GIVING COLLIER COUNTY'S TRAFFIC MANAGEMENT CENTER APPROVAL TO PROCURE ALL REQUIRED TRAFFIC COUNT STATION EQUIPMENT AND ACCESSORIES NEEDED; TO AUTHORIZE EXPENDITURES EXCEEDING $50,000 TO PURCHASE THE REQUIRED EQUIPMENT INCLUDING REPAIRS AND UPGRADES THROUGH A SINGLE/SOLE SOURCE PROCUREMENT; AND TO AUTHORIZE EXPENDITURES OF APPROXIMATELY $50,000 PER FISCAL YEAR, THROUGH FY-2023, FOR LICENSING, SOFTWARE, MAINTENANCE, REPLACEMENT AND REPAIRS Item #16A3 AGREEMENTS NO. 20CO1; 20CO2; 20CO3 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR FUNDING REIMBURSEMENT AND SUPPORT FOR COLLIER COUNTY BEACH RENOURISHMENT AND INLET MANAGEMENT PROJECTS Item #16A4 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN September 24, 2019 Page 209 ACCRUED VALUE OF $144,830.13 FOR PAYMENT OF $1,000 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOHN V. MELICK JR TR, RELATING TO PROPERTY LOCATED AT 5130 ALPHA CT., COLLIER COUNTY, FLORIDA - DUE TO VIOLATIONS CONSISTING OF TORN SCREENS OF AN ACCESSORY STRUCTURE, A REAR PATIO AND A ROOF IN A STATE OF DISREPAIR AND BROUGHT INTO COMPLIANCE ON OCTOBER 19, 2018 Item #16A5 RESOLUTION 2019-167: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF AVE MARIA UNIT 13, MIDDLEBROOKE TOWNHOMES, APPLICATION NUMBER AR-10581, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A6 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR GREYHAWK AT GOLF CLUB OF THE EVERGLADES PHASE 2B, PL20170003252 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED EAST OF COLLIER BLVD. ON VANDERBILT BEACH ROAD EXT. September 24, 2019 Page 210 Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR HEARTLAND DENTAL, PL20180000503, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,458.50 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FOLIO #49660084469 Item #16A8 RECORDING THE MINOR FINAL PLAT OF VYNE HOUSE AT TALIS PARK TRACT “B” REPLAT, APPLICATION NUMBER PL20190000891 – LOCATED OFF OF LIVINGSTON ROAD AT THE LEE/COLLIER COUNTY LINE Item #16A9 ENTERING INTO A REVOCABLE LICENSE AGREEMENT WITH THE GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION, INC. (GGEACA) FOR THE PURPOSE OF THE INSTALLATION OF TWO GROUND SIGNS WITHIN COUNTY RIGHT-OF-WAY – IDENTIFYING A REGION OF THE COUNTY ALONG IMMOKALEE ROAD Item #16A10 RESOLUTION 2019-168: THE SUBMITTAL OF A September 24, 2019 Page 211 BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO $103,616.88, FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON STATE ROAD US 41 NORTH (PINE RIDGE ROAD TO GULF PARK DRIVE) Item #16A11 RESOLUTION 2019-169: THE SUBMITTAL OF A BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO $101,655, FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON STATE ROAD 951 (MAINSAIL DRIVE TO FIDDLER’S CREEK PARKWAY) Item #16A12 RESOLUTION 2019-170: THE SUBMITTAL OF A BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO $104,302.25, FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON STATE ROAD 951 (JOLLEY BRIDGE TO MCILVANE BAY BRIDGE) Item #16A13 BUDGET AMENDMENTS RECOGNIZING REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN THE September 24, 2019 Page 212 TRANSPORTATION SUPPORTED GAS TAX FUND (313), TRANSPORTATION & CDES CAPITAL FUND (310) AND STORMWATER CAPITAL IMPROVEMENT FUND (325) IN THE AMOUNT OF $486,206.02 (PROJECTS #60066, #60085, #60088, #69331, #69333, #69338 AND #60102) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 RESOLUTION 2019-171: THE SUBMITTAL OF A BEAUTIFICATION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROJECT IN WHICH COLLIER COUNTY WILL BE REIMBURSED, UP TO $103,522.75, FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON STATE ROAD US 41 NORTH (GULF PARK DRIVE TO VANDERBILT BEACH ROAD) Item #16A15 A MEMORANDUM OF AGREEMENT BETWEEN COLLIER COUNTY AND THE BIG CYPRESS NATIONAL PRESERVE DETAILING THE TERMS OF A COMBINED EFFORT TO IMPROVE HYDROLOGIC CONDITIONS WITHIN THE WETLANDS AND WATERSHEDS OF A PORTION OF THE BIG CYPRESS NATIONAL PRESERVE, NEAR AND ALONG WAGON WHEEL ROAD – PART OF THE OCHOPEE SHEET FLOW RESTORATION PLAN Item #16A16 BUDGET AMENDMENTS TO RECOGNIZE REVENUE, IN THE September 24, 2019 Page 213 AMOUNT OF $141,220.20, WITHIN STORMWATER CAPITAL FUND (325) - TO INSTALL STORMWATER EQUIPMENT AND PROVIDE ACCESS TO AND MAINTENANCE OF THE WEIR ON HENDERSON CREEK CANAL Item #16A17 SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER OF PARKLANDS PLANNED UNIT DEVELOPMENT, PARKLANDS ASSOCIATES I, LLLP (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO EXTEND THE DATE OF THE INTERSECTION IMPROVEMENTS AT LOGAN BOULEVARD AND IMMOKALEE ROAD AND TO EXTEND THE COMPLETION DATE OF THE LOGAN NORTH PHASE TWO CONSTRUCTION – EXTENDING THE BRIDGE IMPROVEMENTS TO NO LATER THAN MAY 31, 2020 AND JANUARY 31, 2020 FOR LOGAN BLVD. PHASE TWO Item #16A18 A COOPERATIVE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND COLLIER COUNTY TO FACILITATE MARINE DEBRIS REMOVAL ON LAND UNITS OF TEN THOUSAND ISLAND NATIONAL WILDLIFE REFUGE, COLLIER COUNTY AND STATE OF FLORIDA – FOR DAMAGE AND DEBRIS CAUSED BY HURRICANE IRMA Item #16A19 September 24, 2019 Page 214 AN AMENDMENT TO THE DEVELOPER AGREEMENT BETWEEN CITYGATE DEVELOPMENT, LLC, 850 NWN LLC, AND CG II, LLC (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO DEFINE ACCESS POINTS ALONG CITY GATE BOULEVARD NORTH FOR THE INDIVIDUAL LOTS AND TO THE COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER Item #16B1 THE ATTENDANCE OF TWO IMMOKALEE AND TWO BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD MEMBERS AT THE FLORIDA REDEVELOPMENT ASSOCIATION 2019 ANNUAL CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES’ REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE CRA TRUST FUND (FUND 186/187); AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE – TO BE HELD OCTOBER 16-18, 2019 IN TAMPA Item #16B2 AWARD SOLICITATION NO. 19-7569, WATER MAIN IMPROVEMENTS ON BECCA AVE & PINE ST (FIRE SUPPRESSION PHASE-2), TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $677,111, AUTHORIZE NECESSARY BUDGET AMENDMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT – TO UPGRADE THE EXISTING POTABLE WATER MAINS AND INSTALL NEW, AND/OR UPGRADED FIRE HYDRANTS September 24, 2019 Page 215 Item #16C1 AWARD INVITATION TO BID #19-7572, “LEAK DETECTION SERVICES,” TO UTILITY SERVICES ASSOCIATES, LLC FOR LEAK DETECTION SERVICES FOR THE COLLIER COUNTY WATER-SEWER DISTRICT Item #16C2 – Moved to Item #11E (Per Agenda Change Sheet) Item #16C3 THE SELECTION COMMITTEE’S RANKINGS AND AUTHORIZING STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, CDM SMITH, INC., FOR REQUEST FOR PROFESSIONAL SERVICES NO. 19-7583, “NESA WELLFIELD” (PROJECT #70194) - FOR THE DESIGN, PERMITTING AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR WELLS TO BE CONSTRUCTED DURING VARIOUS PHASES OF THE NESA INFRASTRUCTURE IMPROVEMENTS Item #16C4 AGREEMENT FOR SALE AND PURCHASE FOR THE SOLID AND HAZARDOUS WASTE MANAGEMENT DIVISION TO ACQUIRE 2.5 ACRES OF VACANT LAND IN THE RESOURCE RECOVERY BUSINESS PARK FOR A TOTAL COST NOT TO EXCEED $21,000 (PROJECT #59012) – FOLIO #00291120003 Item #16C5 September 24, 2019 Page 216 THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO. 2005-54, AS AMENDED, WHICH ESTABLISHED MANDATORY SOLID WASTE COLLECTION, BY ADDING PROVISIONS RELATED TO THE BEARWISE PROGRAM Item #16C6 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 19-7540, “DESIGN BUILD COLLIER COUNTY I-75 AND 951 UTILITY RELOCATION PROJECT,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP- RANKED FIRM OF QUALITY ENTERPRISES USA, INC., SO THAT STAFF CAN BRING A CONTRACT BACK TO THE BOARD AT A LATER MEETING Item #16C7 AWARD REQUEST FOR QUOTATION UNDER CONTRACT #19-7525, “TEMPORARY KITCHEN FACILITY FOR COLLIER COUNTY JAIL” TO CAPITAL CONTRACTOR, IN THE AMOUNT OF $379,944.60 – THE MAIN JAIL KITCHEN IS CLOSED FOR RENOVATIONS Item #16C8 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO TERMINATE THE TECHNICAL ASSISTANCE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY, THE COLLIER COUNTY WATER-SEWER September 24, 2019 Page 217 DISTRICT, AND THE CITY OF EVERGLADES CITY, CONSISTENT WITH THE CITY'S REQUEST Item #16C9 A BUDGET AMENDMENT FROM RESERVES APPROPRIATED IN THE DEDICATED COLLIER COUNTY COURTHOUSE CAPITAL IMPROVEMENTS FUND 181, IN THE AMOUNT OF $2,154,376.65, FOR SPECIFIED EXTERIOR AND INTERIOR CAPITAL IMPROVEMENTS TO THE FACILITY Item #16D1 AN AGREEMENT RELATED TO THE AWARD OF INVITATION TO BID (ITB) #19-7627 TO ENHANCE FOUR BUS STOPS ON FLEISCHMANN BOULEVARD, TO INCLUDE TWO PULL OUTS AND TWO SHELTER IMPROVEMENTS, TO COASTAL CONCRETE PRODUCTS, LLC D/B/A COASTAL SITE DEVELOPMENT IN THE AMOUNT OF $261,050.00 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT Item #16D2 AN AGREEMENT FOR SALE AND PURCHASE WITH MARY BETH KOCH, AS TRUSTEE OF THE RANDALL K. KOCH DECLARATION OF TRUST DATED FEBRUARY 2, 1994, FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $17,150 – PROPERTY LOCATED WITHIN THE WINCHESTER HEAD MULTI-PARCEL PROJECT IN GOLDEN GATE ESTATES September 24, 2019 Page 218 Item #16D3 A SETTLEMENT AGREEMENT WITH ATKINS NORTH AMERICA, INC. AND QUALITY ENTERPRISES USA, INC., TO CURE A WORK DEFECT PERFORMED AT BUS STOP SITE #137 – LOCATED ON US 41 AND LAKEWOOD BLVD. Item #16D4 RESOLUTION 2019-172: REMOVAL OF UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $3,939.03 FROM THE FINANCIAL RECORDS OF THE PARKS AND RECREATION DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006- 252 AND AUTHORIZE THE CHAIR TO EXECUTE RESOLUTION Item #16D5 THREE (3) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $10,500 AND AN ASSOCIATED BUDGET AMENDMENT FOR $3,000 – PROPERTY LOCATED AT 5350 BROWARD ST., 10322 KINGDOM CT. AND 5433 CATTA STREET Item #16D6 THE FY2019-2020 STATE AID TO LIBRARIES GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE GRANT AGREEMENT #20-ST-08 REQUIRED FOR THE SUBMISSION September 24, 2019 Page 219 OF THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF $221,697 AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN ALL CERTIFICATIONS – SUBMISSION DEADLINE IS OCTOBER 1, 2019 Item #16D7 THE FY19-20 COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL CAPITAL EQUIPMENT SUPPORT GRANT, IN THE AMOUNT OF $71,206 AND A LOCAL MATCH IN THE AMOUNT OF $7,912 FOR THE PROCUREMENT OF ONE (1) CUTAWAY TRANSIT VEHICLE AND AUTHORIZE NECESSARY BUDGET AMENDMENTS (TOTAL FISCAL IMPACT $79,118) Item #16D8 THE EXECUTION OF THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCE SMALL MATCHING GRANT AWARD CONTRACT 20.H.SM.100.020, IN THE AMOUNT OF $50,000, ASSOCIATED BUDGET AMENDMENT, AND AN “AFTER-THE-FACT” ENCUMBRANCE REQUIREMENT EXTENSION REQUEST FOR A SITE DEVELOPMENT AND LANDSCAPE PLAN FOR MARGOOD HARBOR PARK HISTORIC COTTAGE SITE – EXTENDING THE DATE UNTIL OCTOBER 30, 2019 IF STATE APPROVED September 24, 2019 Page 220 Item #16D9 AN AGREEMENT IN THE AMOUNT OF $699,366 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION, APPROVE AN AGREEMENT WITH COLLIER HEALTH SERVICES, INC., AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $800,685 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY Item #16D10 A BUDGET AMENDMENT IN THE AMOUNT OF $311,454.68 FROM VARIOUS PROJECTS IN THE PARKS' CAPITAL FUND (306) TO PROVIDE ADDITIONAL PARKING ALONG HAMILTON AVENUE FOR BAYVIEW PARK PATRONS – FOR PERMANENT OVERFLOW PARKING WITHIN THE HAMILTON AVENUE (ROW) AND THE REQUIRED SIDEWALK CONNECTION ON DANFORD STREET FROM HAMILTON AVE TO BAYVIEW PARK Item #16D11 AN AGREEMENT FOR REQUEST FOR QUALIFICATIONS NO. 19-7646, “GENERAL CONTRACTORS FOR PUBLIC TRANSIT CONSTRUCTION PROJECTS,” TO CHRIS-TEL COMPANY OF SOUTHWEST, FL, INC., D/B/A CHRIS-TEL CONSTRUCTION, CAPITAL CONTRACTORS, LLC, WAYPOINT CONTRACTING, INC., AND NR CONTRACTORS, INC. – FOR BUS STOP SHELTERS WITH AMENITIES AND/OR IMPROVE EXISTING September 24, 2019 Page 221 STOPS TO BECOME AMERICANS WITH DISABILITIES ACT (“ADA”) COMPLIANT Item #16E1 EIGHTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (CONTRACT NO. 11-5776 MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2020 – AGREEMENT W/DR. MARTA U. COBURN Item #16E2 RECOGNIZING ACCRUED INTEREST FROM THE PERIOD APRIL 1, 2019 THROUGH JUNE 30, 2019 EARNED BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $1,025.06 Item #16E3 A DISTRIBUTION FROM THE RAYMOND CARL HOWARD CREDIT SHELTER TRUST OF 2003, IN THE AMOUNT OF $19,438.92 TO SPECIFICALLY BE USED FOR COLLIER COUNTY EMERGENCY MEDICAL SERVICES RESCUE WORK AND AUTHORIZE THE CHAIRMAN TO APPROVE THE REQUIRED RECEIPT OF BENEFICIARY, WAIVER OF JUDICIAL ACCOUNTING, RELEASE OF LIABILITY AND NECESSARY BUDGET AMENDMENT Item #16E4 September 24, 2019 Page 222 RESOLUTION 2019-173: ADOPTING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S AGENCY AND COUNTY ATTORNEY’S OFFICE EFFECTIVE OCTOBER 1, 2019; TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS, AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2019 FORWARD, USING THE EXISTING POINT-FACTOR JOB EVALUATION SYSTEM, AND AUTHORIZE DEFERRED COMPENSATION MATCHING FOR ALL REGULAR FULL-AND PART-TIME EMPLOYEES BELOW THE DIVISION DIRECTOR LEVEL EFFECTIVE JANUARY 1, 2020 Item #16E5 THE PURCHASE OF FLOOD INSURANCE FOR FY2020 TO PROTECT THE COUNTY’S REAL AND PERSONAL PROPERTY ASSETS IN THE ESTIMATED ANNUAL AMOUNT OF $464,578 Item #16E6 THE PURCHASE OF EXCESS WORKERS’ COMPENSATION INSURANCE FROM ARCH INSURANCE COMPANY FOR FY2020 IN THE ESTIMATED ANNUAL AMOUNT OF $157,219 Item #16E7 THE PURCHASE OF AIRCRAFT AND AIRPORT INSURANCE FROM THE MEMBER COMPANIES OF GLOBAL AEROSPACE September 24, 2019 Page 223 IN THE ESTIMATED ANNUAL AMOUNT OF $66,848 AND TO AUTHORIZE STAFF TO BIND COVERAGE ON THE NEW MED FLIGHT HELICOPTER AT THE TIME OF DELIVERY Item #16E8 THE PURCHASE OF LIABILITY, AUTOMOBILE AND OTHER INSURANCE COVERAGE FOR FY 2020 IN THE ESTIMATED ANNUAL AMOUNT OF $856,464 Item #16E9 AN ASSUMPTION AGREEMENT WITH BOUND TREE MEDICAL, LLC ASSIGNING ALL RIGHTS, DUTIES AND BENEFITS, AND OBLIGATIONS UNDER INVITATION TO BID (ITB) #16-6593 – DUE TO THE PURCHASE OF ASSETS OF MIDWEST MEDICAL SUPPLY COMPANY ON JUNE 20, 2019 Item #16E10 RESOLUTION 2019-174: A FLORIDA EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION, REQUEST FOR GRANT FUND DISTRIBUTION FORM AND RESOLUTION TO FUND TRAINING AND MEDICAL/RESCUE EQUIPMENT FOR COLLIER COUNTY EMS IN THE AMOUNT OF $63,560 Item #16E11 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-SC, “PROFESSIONAL SERVICES LIBRARY - SCADA September 24, 2019 Page 224 ENGINEERING AND INTEGRATION CATEGORY,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP FIVE RANKED FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING – TO FIVE RANKED FIRMS: TETRA TECH, INC., CAROLLO ENGINEERS, INC., MCKIM & CREED, INC., AECOM TECHNICAL SERVICES, INC., AND JACOBS ENGINEERING GROUP, INC. Item #16E12 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-UC, “PROFESSIONAL SERVICES LIBRARY - UTILITY COLLECTION & DISTRIBUTION,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP EIGHT RANKED FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING – TOP EIGHT RANKED FIRMS: JOHNSON ENGINEERING, INC., Q. GRADY MINOR & ASSOCIATES, P.A., TETRA TECH, INC., AECOM TECHNICAL SERVICES, INC., STANTEC CONSULTING SERVICES, INC., CARDNO, INC., CAROLLO ENGINEERS, INC., AND CDM SMITH, INC. Item #16E13 SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-CZ, “PROFESSIONAL SERVICES LIBRARY - COASTAL ENGINEERING,” AND AUTHORIZE STAFF TO BEGIN September 24, 2019 Page 225 CONTRACT NEGOTIATIONS WITH THE TOP THREE RANKED FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING – TOP THREE RANKED FIRMS: APTIM ENVIRONMENTAL INFRASTRUCUTRE LLC, HUMISTON & MOORE ENGINEERS, P.A., AND TAYLOR ENGINEERING, INC. Item #16E14 EXTENDING THE EXISTING CONTRACT TO WALLACE INTERNATIONAL TRUCK, INC., UNDER AGREEMENT #15- 6497, “INTERNATIONAL TRUCK PARTS” FOR A PERIOD OF SIX MONTHS TO ALLOW STAFF TO COMPLETE SOLICITING, AND TO PREVENT A LAPSE IN THIS SERVICE Item #16E15 EXTENDING THE EXISTING CONTRACT TO GILLIG LLC UNDER AGREEMENT #15-6479, “GILLIG BUS PARTS” FOR A PERIOD OF SIX MONTHS TO ALLOW STAFF TO COMPLETE SOLICITING, AND TO PREVENT A LAPSE IN THIS SERVICE Item #16E16 TRANSFERRING DUPLICATE TITLES TO THE PURCHASER OF COUNTY VEHICLES PREVIOUSLY SOLD AT AUCTION ON APRIL 29, 2017, AND TO APPROVE A HOLD HARMLESS AND INDEMNITY AGREEMENT WHEREBY THE PURCHASER AGREES TO HOLD HARMLESS AND INDEMNIFY THE COUNTY FOR ANY POTENTIAL CLAIMS September 24, 2019 Page 226 RELATING TO THOSE PURCHASED VEHICLES SINCE THE DATE OF SALE – FOR 9 LOST TITLES Item #16E17 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E18 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON NOVEMBER 1 & 2, 2019; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES Item #16E19 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – ONE CHANGE ORDER MODIFYING CONTRACTS BY $0.00, ONE AFTER-THE-FACT MEMO WITH A FISCAL IMPACT OF $771.68 AND NO AMENDMENTS Item #16F1 September 24, 2019 Page 227 RESOLUTION 2019-175: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #16F2 AGREEMENT WITH THE PARTNERSHIP FOR COLLIER’S FUTURE ECONOMY, INC., AN AFFILIATE OF THE GREATER NAPLES CHAMBER OF COMMERCE, IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY’S ECONOMIC DEVELOPMENT EFFORTS - ADDING NEW RESPONSIBILITIES FOR THE PARTNERSHIP, INCLUDING PRODUCING KEY DATA POINTS ON A MONTHLY, QUARTERLY AND ANNUAL BASIS, THROUGH RESEARCH AND REPORTING ON BUSINESS RETENTION AND EXPANSION VISITS TO PROVIDE AGGREGATE DATA FROM THESE VISITS Item #16F3 AGREEMENT WITH THE FLORIDA GULF COAST UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER, IN THE AMOUNT OF $25,000, IN CONTINUED SUPPORT OF COLLIER COUNTY’S SMALL BUSINESS COMMUNITY AND ONGOING ENTREPRENEURIAL EFFORTS - PROVIDING MENTORING/COACHING ASSISTANCE TO BUSINESSES, EDUCATION AND WORKSHOPS FOR LOCAL BUSINESSES, AND INFORMATION AND RECOMMENDATIONS ON RISK September 24, 2019 Page 228 MANAGEMENT ASSOCIATION (RMA) REVIEWS WHEN REQUESTED BY COUNTY STAFF Item #16F4 A ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA INC., TO PROVIDE LOCAL MATCH FUNDING IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2020 – PROVIDING RESOURCES AND REFERRAL SERVICES, ELIGIBILITY AND ENROLLMENT, REIMBURSEMENT TO CHILDCARE PROVIDERS, CHILD DEVELOPMENTAL SCREENINGS, PROVIDER MONITORING, INCLUSION, AND TRAINING Item #16F5 THE STRATEGIC ALLIANCE MEMORANDUM WITH THE U.S. SMALL BUSINESS ADMINISTRATION TO ENHANCE EFFORTS TO SUPPORT THE COLLIER COUNTY SMALL BUSINESS COMMUNITY – HELPING SMALL BUSINESSES THROUGH WORKSHOPS AND PARTNER EDUCATION REGARDING EXPORTING OPPORTUNITIES, DISASTER ASSISTANCE, LENDING AND PROCUREMENT Item #16F6 A PILOT PROGRAM AND PARTNERSHIP WITH THE NAPLES BOTANICAL GARDEN FOR THE LANDSCAPING DESIGN AND CONSTRUCTION AT THE COLLIER COUNTY SPORTS September 24, 2019 Page 229 AND SPECIAL EVENT COMPLEX Item #16F7 THE FY2020 ACTION PLAN FOR THE COUNTY MANAGER Item #16F8 TOURIST DEVELOPMENT TAX GRANT AGREEMENTS FOR FY20 MARKETING & EVENT GRANTS ($70,550) AND NON- COUNTY OWNED/OPERATED MUSEUM GRANTS ($946,521), AUTHORIZE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – AGREEMENTS WITH ARTIS-NAPLES, GULFSHORE OPERA, NAPLES - MARCO ISLAND REGION AACA, HOLOCAUST MUSEUM, NAPLES BOTANICAL GARDEN, GOLISANO’S CHILDREN’S MUSEUM AND THE NAPLES ZOO Item #16F9 FIRST AMENDMENT TO AGREEMENT #19-068-NS FOR A SIXTY-DAY EXTENSION TO THE TEMPORARY MAINTENANCE AGREEMENT WITH THE GULF COAST JUNIOR GOLF TOUR, INC., D/B/A THE FIRST TEE OF NAPLES/COLLIER (“THE FIRST TEE”) FOR MAINTENANCE ACTIVITIES AT THE GOLDEN GATE GOLF COURSE TO ALLOW FOR ADDITIONAL TIME TO PROVIDE GOLF COURSE MAINTENANCE AND OPERATIONS SERVICES AND TO COMPLETE ITS REPORT ON THE CONDITIONS AND NEEDS OF THE GOLDEN GATE GOLF COURSE September 24, 2019 Page 230 Item #16G1 RESOLUTION 2019-176: THE REMOVAL OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE IN THE AMOUNT OF $2,506.18 FROM THE FINANCIAL RECORDS OF THE AIRPORT AUTHORITY FUND (495) IN ACCORDANCE WITH RESOLUTION 2006-252 AND AUTHORIZE THE CHAIR TO EXECUTE THE RESOLUTION Item #16H1 – Moved to Item #10C (Per Agenda Change Sheet) Item #16J1 TAX COLLECTOR REQUEST FOR ADVANCED COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY2020 Item #16J2 EXTENDING THE 2019 TAX ROLL AT THE REQUEST OF TAX COLLECTOR LARRY RAY - DUE TO THE VOLUME OF VALUE ADJUSTMENT BOARD HEARINGS Item #16J3 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 29, 2019 AND September 24, 2019 Page 231 SEPTEMBER 11, 2019 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J4 BOARD APPROVED AND DETERMINED VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 18, 2019 Item #16K1 A STIPULATED FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR THE TAKING OF PARCEL 438RDUE, IN THE AMOUNT OF $18,834.50, INCLUDING STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. KINH THI PHAM, ET AL, CASE NO. 17-CA-1473, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $15,434.50) Item #16K2 A STIPULATED FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR THE TAKING OF PARCEL 432RDUE, IN THE AMOUNT OF $12,000, INCLUDING STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. ANGEL CRESPO, ET AL, CASE NO. 17-CA-1386, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $10,200) September 24, 2019 Page 232 Item #16K3 – Moved to Item #12B (Per Agenda Change Sheet) Item #16K4 RESOLUTION 2019-177: APPOINTING THOMAS J. IANDIMARINO TO CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Item #16K5 RESOLUTION 2019-178: RE-APPOINTING THOMAS EASTMAN TO THE CCPC, REPRESENTING THE DISTRICT SCHOOL BOARD Item #16K6 THE HIRING OF LAWRENCE A. FARESE, ESQ., FOR MEDIATION SERVICES IN THE CONTRACT DISPUTE CASE STYLED JOHNSON CONTROLS, INC. V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 2019-CA- 3326, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE COUNTY ATTORNEY TO RETAIN MR. FARESE UNDER THE TERMS SPECIFIED IN THE MEDIATION RATES AND PROCEDURE SHEET Item #16K7 FY 2019-2020 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY September 24, 2019 Page 233 Item 17A ORDINANCE 2019-20: AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 5.85± ACRES OF LAND ZONED PLANNED UNIT DEVELOPMENT TO THE SIENA LAKES CCRC CPUD; BY AMENDING ORDINANCE NUMBER 09-65, AS AMENDED, THE SIENA LAKES CCRC CPUD, TO ADD 5.85± ACRES FROM THE ORANGE BLOSSOM GARDENS PUD TO THE SIENA LAKES CCRC CPUD; BY INCREASING THE MAXIMUM SQUARE FOOTAGE FROM 764,478 TO 878,889 SQUARE FEET; BY INCREASING THE MAXIMUM NUMBER OF INDEPENDENT LIVING UNITS FROM 355 TO 431 UNITS AND INCREASING THE MAXIMUM NUMBER OF ASSISTED LIVING BEDS FROM 35 TO 47 BEDS; BY ADDING SALES AND MARKETING AS A PERMITTED INDOOR ACCESSORY USE; BY REDUCING SETBACKS FROM THE SOUTH AND WEST PROPERTY LINES, BY REDUCING THE MINIMUM SQUARE FOOTAGE OF ASSISTED LIVING UNITS, BY INCREASING THE LANDSCAPE BUFFER ON THE SOUTH PROPERTY LINE, AND REVISING THE MASTER PLAN TO REFLECT THE ADDITIONAL ACREAGE AND MODIFIED SITE LAYOUT; BY ADDING ONE DEVIATION AND REMOVING ONE DEVIATION RELATING TO LANDSCAPE BUFFERS, AND MODIFYING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF ORANGE BLOSSOM DRIVE, JUST EAST OF AIRPORT- PULLING ROAD, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, September 24, 2019 Page 234 CONSISTING OF 35.1± ACRES; PROVIDING FOR REPEAL OF THE ORANGE BLOSSOM GARDENS PUD, ORDINANCE NUMBER 92-75, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE [PL20180001174] Item #17B RESOLUTION 2019-179: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #17C RESOLUTION 2019-180: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET ***** September 24, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:25 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Ce) � �• WILL A M L. McDANI L, JR., CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK .•A . ' /v\ A -st as to Chairman's signature only. These minutes approved by the Board on bek, 22 2O1 q, as presented ;/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 235