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Agenda 11/12/2019 Item # 2B (Minutes 10/08/19 Regular)11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: October 8, 2019 BCC Meeting Minutes Meeting Date: 11/12/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 10/24/2019 11:53 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 10/24/2019 11:53 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 10/24/2019 11:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 2.B Packet Pg. 17 October 8, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 8, 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 Derek Johnssen, Director of Finance & Accounting Troy Miller, Communications & Customer Relations October 8, 2019 Page 2 MR. OCHS: Ladies and gentlemen, if you'd please come to order. Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Good morning, everybody. MR. OCHS: Good morning, good morning. CHAIRMAN McDANIEL: We're going to start off this morning with prayer and the pledge. And our prayer's going to be offered by Reverend Beverly Duncan. She's a member of the Naples United Church of Christ. Good morning. Item #1A INVOCATION BY REVEREND BEVERLY DUNCAN FROM THE NAPLES UNITED CHURCH OF CHRIST – INVOCATION GIVEN REVEREND DUNCAN: Good morning. Thank you. Let us pray. Spirit of life and love, to you we lift the deliberations of this day as matters of governance and stewardship come before this body. Surround all of us as we together move through this democratic process. Urge both commissioners and participants to listen, to learn, and to be bearers of the good even when we'd rather not. And, peaceful spirit, be present among these women and men who are the leaders and caretakers of Collier County. It is an awesome calling and responsibility for which we are grateful. Guide all that they and we together say and do. Shape our words and values today and always. Keep us all strong and wise in unsettled times, and inspire us to take our parts, that none may be overburdened. October 8, 2019 Page 3 And when the meeting is ended, carry each commissioner to his or her destination safely as they rest toward service on yet another day. Fill them with strength and hope and vision. And bless us all that we might lean on you, godly spirit, and on one another toward things that heal broken places and bend toward justice. Amen, Shalom, Salaam. CHAIRMAN McDANIEL: Commissioner Saunders, will you lead us this morning. (The Pledge of Allegiance was recited in unison.) COMMISSIONER TAYLOR: And, Reverend Duncan, thank you. Those are beautiful words. Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN McDANIEL: Okay. Okay. We want to go through the approval of the agenda, consent, and our ex parte, I believe. MR. OCHS: Yes, sir. Thank you, Mr. Chairman. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of October 8th, 2019. The first proposed change it is to move Item 16D4 from your consent agenda to become Item 11H on your regular agenda. This is the recommended award of an agreement for affordable housing, October 8, 2019 Page 4 marketing, and outreach, and that was moved at Commissioner McDaniel's question. The next proposed change is to move Item 16F3 from the consent agenda to become Item 11I. This is a recommendation to approve the Fiscal Year 2020 Strategic Marketing Plan for your tourism division, and that's moved at Commissioner Taylor's request. The next proposed change is to move Item 16H1 from the consent agenda to become Item 10B under Board of County Commissioners. This is a recommendation to direct the County Attorney to advertise and bring back an ordinance establishing a ban against cast-net fishing at the Ann Olesky Park on Lake Trafford. That's moved at Commissioner Taylor's request. I have one agenda note, Commissioners. Item 16E1, the reference in the executive summary title was to Agreement No. 16-1613. That's been corrected to reflect 16-6613. And then we have two time-certain requests this morning, Commissioners. The first has to do with Item 12A. This is concerning the potential ban on the sale of cats and dogs in pet shops in Collier County. That item is to be heard no sooner than 9:30 a.m. but as close to 9:30 as we can. And the second is Item 11E. This is a recommendation to enter into an agreement with a consultant for some master planning and outreach related to the Golden Gate Golf Course. Commissioner Fiala has requested that item be heard no sooner than 1:30 p.m. Those are all the changes that I have. CHAIRMAN McDANIEL: You're ensuring that we're here through lunch. COMMISSIONER FIALA: I'm making sure of it. CHAIRMAN McDANIEL: Okay. Very good. COMMISSIONER FIALA: Could I just say one fast thing? Mike, would you bring in my glasses? Thank you. October 8, 2019 Page 5 CHAIRMAN McDANIEL: You're assuming Michael's listening. COMMISSIONER FIALA: Yeah. CHAIRMAN McDANIEL: All right. Commissioner Solis, do you have any additions or changes or ex parte? COMMISSIONER SOLIS: Mr. Chairman, no changes, no additions, and no disclosures on the consent agenda. CHAIRMAN McDANIEL: On the consent agenda. Very good. How about Commissioner Fiala? COMMISSIONER FIALA: No changes, no corrections, no disclosures. I did want to ask a couple questions, though. They're simple questions. They're not any big deal. Oh, I hope I have my thing -- I left it right on the couch. CHAIRMAN McDANIEL: I forgot it. It was sitting on my table. COMMISSIONER FIALA: We're all going to wear -- CHAIRMAN McDANIEL: She's got purple on, though. COMMISSIONER FIALA: Yes, I do, and I -- thank you, Mike. See, I told you he'd hear. Anyway, I wanted to note item -- these are simple things. 16K2 they're talking about the Industrial Development Authority for a four-year term. Barbara Rosenberg, they've put her in District 1, but actually she is in a completely different district at the other end of town. I just didn't know if you wanted to correct that or not, and I didn't have a chance to ask you yesterday. And also -- no, I'm not going to talk to you about that right now. Thank you. I just have one more. Okay. We'll leave it at that for now. Thank you. CHAIRMAN McDANIEL: You all set? COMMISSIONER FIALA: Uh-huh. CHAIRMAN McDANIEL: Commissioner Saunders? October 8, 2019 Page 6 COMMISSIONER SAUNDERS: I have no ex parte and no changes. I do have one comment in reference to Item 16H2, which is the renaming of the sailing arena at Sugden Park to the Murdo Smith Adaptive Sailing Center. And my understanding is we have to get a concurrence of the County Commission to waive the 1,000-signature requirement as part of that agenda item. I see the County Attorney's indicating that that's not the case. MR. KLATZKOW: No. We have two customary ways to name something. One is from the public. And if the public wants to come forward, we require the thousand signatures. If the Board of County Commissioners on their own wishes to name something -- COMMISSIONER SAUNDERS: So we don't need to do anything? MR. KLATZKOW: No, you're fine. COMMISSIONER SAUNDERS: And I would like to say that Debra Frankel is here, executive director of Freedom Waters Foundation, just to show her support for this naming. So I have no other comments, Mr. Chairman. CHAIRMAN McDANIEL: It's on the consent agenda, and I have two votes so far, and I'm thinking if you're No. 3, we'll be good. COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: I'd like to -- there's absolutely nothing -- ex parte on the consent agenda, and I have no changes to the agenda as read. CHAIRMAN McDANIEL: Outstanding. So that's four for the renaming. You never know how these renaming things go, remember? COMMISSIONER SAUNDERS: Yeah. Some of them have been controversial. CHAIRMAN McDANIEL: And having said that, I have no ex October 8, 2019 Page 7 parte on the consent nor any other additional changes. With that our agenda is set. County Manager? Item #2B and #2C BCC MEETING MINUTES FROM SEPTEMBER 10, 2019 AND BCC BUDGET MEETING MINUTES FROM SEPTEMBER 19, 2019 – APPROVED AS PRESENTED MR. OCHS: I'd like to take a motion and second to approve the agenda as amended along with the BCC meeting minutes of September 10th and the BCC budget hearing meeting minutes of September 19. COMMISSIONER SAUNDERS: Mr. Chairman, I'll move for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: On all those. We're going to vote on those in aggregate. 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. October 8, 2019 Page 8 Item #4A PROCLAMATION DESIGNATING OCTOBER 2019 AS DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, SHELTER FOR ABUSED WOMEN & CHILDREN AND COLLIER COUNTY SHERIFF KEVIN RAMBOSK – ADOPTED MR. OCHS: Commissioners, that takes us to today's proclamation. It's Item 4A. It's a proclamation designating October 2019 as Domestic Violence Awareness Month in Collier County. To be accepted by Linda Oberhaus, chief executive officer for the Shelter for Abused Women and Children, and Collier County Sheriff, Kevin Rambosk. Please step forward. (Applause.) COMMISSIONER FIALA: I get to see you all the time anymore. CHAIRMAN McDANIEL: Are you going to speak a moment? MR. OCHS: Yes. MS. OBERHAUS: Okay. Good morning, Commissioners. I just want to thank you so much for honoring Domestic Violence Awareness Month again this year in 2019. It's a big year for the shelter as we expand our services in Immokalee. Just a little bit about domestic violence and how it impacts our community. Last year alone there were over 1,600 calls to 911 as a result of domestic violence, and so you can imagine that about half of all victims never call police. So the fact that we had over 1,600 calls to 911 really, you know, speaks to the volume and the magnitude of the issue. And then if you think about the number of children living in October 8, 2019 Page 9 those 1,600 homes and the impact that it has on them when they're trying to go to school and they're trying to learn, it can be very difficult for them as well. The shelter not only provides protection for victims of both domestic violence and human trafficking, but we provide prevention programs in the schools as well. So the elementary, the middle, the high schools, and we also have a course that we're offering at FGCU just to raise awareness about this issue. Domestic violence nationally is affecting about one in three women and one in five teens in our country. So I just want to thank, again, the Commission for their support on this issue, also our law enforcement partners, the Collier County Sheriff's Office and Sheriff Rambosk who serves on our board of directors as well as the Naples Police Department, and the Marco Island Police Department. (Applause.) CHAIRMAN McDANIEL: Ms. Linda, don't go away. Don't go away. COMMISSIONER FIALA: Just a second, Linda. Last week's People Magazine of all things had a huge article on Tyler Perry and the awful domestic violence he went through. And how he lived through it, I'll never know. And if anybody wants to read a very, very moving story, stand in the store and read it. You don't have to buy the magazine, but it's a moving story. MS. OBERHAUS: Thank you. Thank you. And we've met some very enlightening -- you know, enlightened young men and men at the university level who just as a result of their awareness have understood they've come from a background where there's domestic violence and that -- and that they can make that change and break that generational cycle of abuse. COMMISSIONER FIALA: And he's now a billionaire. October 8, 2019 Page 10 MS. OBERHAUS: Yeah, yeah. Thank you for that. CHAIRMAN McDANIEL: Thank you, Ms. Linda. ARTIST OF THE MONTH – D. MARIAH PRICE CHAIRMAN McDANIEL: Before we go on to presentations, I was remiss this morning -- before we go on, County Manager, I want to introduce the featured Artist of the Month. It's Collier County resident NiMara Price. NiMara? I'm butchering that. Forgive me. As a permanent resident of Naples since 2011, Ms. Price has had her work included in displays on -- at multiple art centers, the Cacao Gallery at the Coconut Point in Estero, and the Centers of Art at Bonita Springs. She also had a month-long one-person exhibit at the Norris Center of Naples. Ms. Price won two awards: The Von Liebig Center, one of technical achievement, and one for the best show in 2017. Ms. Price obtains her inspiration from still-life compositions and a natural light illuminating settings. She has recently moved into a more contemporary form of abstract art allowing her to be spontaneous and free-flowing. Ms. Price received education at the Art Institute of Chicago, the Vitruvian School of -- you need to help me with this maybe. No, I'm joking. COMMISSIONER TAYLOR: Palette. CHAIRMAN McDANIEL: Palette and Chisel Academy of Art in Chicago. And her art is displayed in the back of our room. I know a lot of you are here for particular items, but when you have a moment, please enjoy that display that is across the back of our room. (Applause.) CHAIRMAN McDANIEL: Did you want to speak on anything October 8, 2019 Page 11 else? COMMISSIONER FIALA: No, I was -- we, on our consent agenda, have a beautiful story about Murdo Smith, whom we named the Sugden Park sailing center after, and I thought it would be nice to hear it, but I'm probably just -- anyway, it's a very nice story. CHAIRMAN McDANIEL: Maybe we can address that actual agenda item. I recall reading it but, I can't remember, County Manager, which of those agenda items it was. But we could identify that and allow folks to reach out and read that story. MR. OCHS: That item is Item 16H2 on today's agenda. CHAIRMAN McDANIEL: Oh, that's correct. 16H2. COMMISSIONER FIALA: You're good, Leo. CHAIRMAN McDANIEL: Now we'll go. MR. OCHS: Thank you. May I have a motion to approve today's proclamation? COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: So move. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept today's -- or approve today's proclamation. 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. October 8, 2019 Page 12 MR. OCHS: Thank you, Commissioners. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR OCTOBER 2019 TO JP BRETT & SONS AIR CONDITIONING. ACCEPTED BY DAN BRETT, KRYSTAL CASEY AND CASEY MERRIAM. ALSO ATTENDING IS BETHANY SAWYER REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for October 2019 to JP Brett & Sons Air Conditioning. To be accepted by Dan Brett, Krystal Casey, and Casey Merriam. Also attending is Bethany Sawyer representing the Greater Naples Chamber of Commerce. (Applause.) CHAIRMAN McDANIEL: Remember who's in the middle. Outstanding. Thank you. MS. CASEY: Good morning, County Commissioners. On behalf of the family of Brett Air Conditioning, we'd like to thank you for this honor and this recognition as well as -- CHAIRMAN McDANIEL: One second, please. Somebody ask that fellow over there to keep it down. THE COURT REPORTER: Could you state your name, please. MS. CASEY: I'm Krystal Casey. We would just like to say thank you for this honor and this recognition to the County Commissioners and the Naples Chamber of Commerce. Thank you. (Applause.) COMMISSIONER TAYLOR: Ms. Casey, you didn't answer a October 8, 2019 Page 13 very important question. MS. CASEY: Yes, ma'am. CHAIRMAN McDANIEL: How many years? MS. CASEY: We started in '72, so over 45 years. CHAIRMAN McDANIEL: She wasn't on the microphone, but this company started in 1972, so... (Applause.) CHAIRMAN McDANIEL: Thank you all. Thank you all very much, and on that note we have a very full house this morning, and it's going to be imperative -- because we have other business that needs to transpire -- that we be respectful of those who are here and what they are, in fact, saying on the agenda item that we're working on, so -- I don't know where my security is at right now, but I want to get them around so we can manage things a little bit better. COMMISSIONER FIALA: They're trying to get people in the front door. CHAIRMAN McDANIEL: That could be. Okay. So that end, let's roll. Item #5B PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 2019 FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTED TO THE OFFICE OF MANAGEMENT AND BUDGET. ACCEPTED BY MARK ISACKSON, CORPORATE FINANCIAL PLANNING AND MANAGEMENT SERVICES DIRECTOR – PRESENTED MR. OCHS: 5B is a presentation of the distinguished Budget Presentation Award for Fiscal Year 2019 from the Government October 8, 2019 Page 14 Finance Officers Association presented to the Office of Management and Budget. To be accepted this morning by Mark Isackson, Corporate Financial Planning and Management Services Director, and the budget staff. (Applause.) MR. CASALANGUIDA: Smile. MR. OCHS: He is smiling. MR. ISACKSON: Good, thank you. (Applause.) COMMISSIONER FIALA: That's a nice plaque, too. CHAIRMAN McDANIEL: Yes. Yes, it is. MR. ISACKSON: Couple words if I can, Commissioners. CHAIRMAN McDANIEL: Please. I'd love to hear from you. MR. ISACKSON: Commissioners, you know, we get this award every year, and it seems like it comes and goes, but it wouldn't be without the leadership and support of this board in regards to our budget philosophy and our financial operations. That's critical to how we progress with our budget and finance. And I'd also be remiss if I didn't recognize all the fine financial professionals in our operation, including those in my office that grind every day on the numbers. And that lays a framework for the financial decisions that are made in this organization every day. So thanks again. Appreciate it. (Applause.) Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Move to Item 7 this morning, public comments on October 8, 2019 Page 15 general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, I have two registered speakers for this item. Your first speaker is Garrett Beyrent, and he will be followed by Robert Lamb. CHAIRMAN McDANIEL: Each of those speakers has how long? MR. MILLER: Three minutes, sir. I know Mr. Beyrent was here. Wait. COMMISSIONER SOLIS: Here he is. CHAIRMAN McDANIEL: Here he comes. MR. MILLER: Here he comes. CHAIRMAN McDANIEL: And the second speaker is? MR. MILLER: Robert Lamb. CHAIRMAN McDANIEL: Okay. MR. MILLER: Mr. Lamb, if you're here, can you please come up to the other podium. They're both here, sir. Mr. Beyrent? MR. BEYRENT: Good morning. As scheduled, I have awarded all of the commissioners their trophies over the past two years for jobs that they're going to do for the benefit of the community, and the last guy to get his award is the guy in the middle right there who's known me half a century, and -- CHAIRMAN McDANIEL: Forever. MR. BEYRENT: -- basically this is a -- I always bring a Panera bag because I'm a Panera guy from New Jersey. Boy, I don't know. Anyhow, long and short, is he has his trophy downstairs. Mary has it, because you're not allowed to bring objects into this room that could be used for detrimental purposes. However, I forgot something, which is the instructions for his award. And your award is -- you have to review these two videos. They're videos done by -- the star is Leonardo DiCaprio, nice Italy guy from -- not from Sicily but, however, he's a good guy. October 8, 2019 Page 16 CHAIRMAN McDANIEL: Does anybody have a DVR that I can borrow? MR. BEYRENT: The lady next to you. She's going to be reviewing her Mickey Mouse video. Remember that one? Okay. Because you'll learn from there more than anything, really. Video is very important. And this is the Aviator, because what you're going to be doing is you're going to bring in those 747s that are all retired out of Atlanta, bring them to the Immokalee airport, take all the seats out of them, and load them up with stuff to take all over the world to the benefit of the world. CHAIRMAN McDANIEL: Outstanding. MR. BEYRENT: I'm talking about the agricultural and the cuisine benefits that you're going to derive for the general population by making the Immokalee airport what it is, a regional airport. So that's your job, so... And these are really good, because I was in the military for a time, which is -- that's another story; however, because after you read -- after you watch this -- this is a video of the guy -- use -- the Hughes guy. A long story short, he made populations fly around the world in airplanes, which is your job. And now -- and this one here is the instructions, another video, Leonardo DiCaprio. So just in case you don't how to fly a 747 -- actually, I've flown -- every plane I've ever flown I did it illegally, but it was okay because the government said I could. So, anyhow, that's your job. Everybody else has got their job, all the other commissioners. And as of two years ago I had a meeting at -- with Nick Casalanguida -- 4 o'clock today, October the 8th, two years ago, I had a meeting with him to discuss where we were going to build a sports complex. We were going to build it next to the Golden Gate High School, or we were going to build it where we built it, and it's where he wanted it to be built, which is a great place. October 8, 2019 Page 17 And I wish you all the best of luck. Thank you very much. COMMISSIONER SAUNDERS: It was actually where we wanted to build it. MR. CASALANGUIDA: Yeah, I was just going to say that. MR. BEYRENT: Oh, you had a say in this. I didn't -- anyhow, I'll just leave it right here for you. It's in a Panera bag. CHAIRMAN McDANIEL: I was feeling a little slighted because you've gone up and down the row, and I hadn't gotten one, so now -- MR. BEYRENT: Well, see, it's because you can't give heavy objects out. Like with Donna Fiala, she's the queen of pickleball, right? There's no question, right? COMMISSIONER FIALA: Thank you. MR. BEYRENT: Andy Solis is going to be -- you're going to be handling all the situation we've got with DLC and the Sheriff's Department. Awesome job. COMMISSIONER SOLIS: I got the giant trophy, too. MR. BEYRENT: I know. You got the biggest one with the little statute on the top which I had to take back, which it is illegal because I got it from another country, I can't tell you about that, because I flew in a 747, and -- CHAIRMAN McDANIEL: We've got to go. MR. BEYRENT: I know. Well, it was your presentation. Long and short, thank you very much. Everybody's doing a great job, thank you. CHAIRMAN McDANIEL: Thank you. (Applause.) MR. MILLER: Your final speaker under public comment is Robert Lamb. MR. LAMB: Good morning. October 8, 2019 Page 18 CHAIRMAN McDANIEL: Good morning, sir. MR. LAMB: I just -- I'm here to represent some dissatisfaction with your golf cart restrictions that you imposed upon Everglades City and Plantation Island and Chokoloskee. You've put several people in severe stress and a lot of burden on the rest of the community. Some of those people depend on their golf carts to get to church, to get to the post office, to get to work, and that kind of thing, and now they're locked out. They can't -- they can't use their golf carts on -- especially on Plantation Parkway, which is the only road to Plantation Island from Everglades City. And so these people are under a severe hardship. They can't -- they can't even -- they can't work. They can't do anything. They depend on that golf cart. Several of them have been using golf carts for years out there; don't have any other means of transportation. And, you know, they didn't get any advance notice. Nobody gave notice that they were going to do this. So the rest of us in the community try to help them out, but still, there should be -- there should be some relief from the county to let -- raise those restrictions. I don't know that there's ever been a problem with golf carts out in that area, so -- CHAIRMAN McDANIEL: Well -- and, Mr. Lamb, I'm not going to cut you off. But what I would like to do -- we can't take any votes on anything that you bring up today -- MR. LAMB: Right. CHAIRMAN McDANIEL: -- but I will give this consideration. We will bring it back at some particular point in time. I believe that there's an interpretation issue with the ordinance that we just passed allowing the utilization of golf carts on Chokoloskee, and it's a discretionary thing, law with regard to health, safety, and welfare and so on. October 8, 2019 Page 19 But we'll look into it, and then I will directly communicate with you. And if it's requisite of a vote of our board, we'll bring it back and fix it. MR. LAMB: Okay. Well, I have a petition signed by about 150 people from that area out there in regards to this. So do I just need to keep this, or can I present it to the Commission at some time? CHAIRMAN McDANIEL: I would suggest you hold onto it, and then I'll actually bring this back as an agenda item should staff require us to take a vote on it and make a decision, or you can give it to staff now, either way. Whichever's easiest for you. Commissioner Saunders? COMMISSIONER SAUNDERS: Yeah. Just real quickly, I would like to -- I'm glad you're going to bring that back as quickly as possible. I think when we voted on this the intent was to give those folks the ability to use their golf carts, so I'm surprised to hear that there's a problem. CHAIRMAN McDANIEL: Well -- and I'm aware of the problem. And it's a discretionary thing. I was in Everglades City on Tuesday night at the council meeting, and we had a discussion with the S -- Sheriff's Office. I can't call them the SO. And so we're working through that aspect of it. So I'm not sure anything other than an adjustment in how we're interpreting the ordinance that there is an issue, but we'll work through it. COMMISSIONER TAYLOR: I don't think it was the intention of this commission -- CHAIRMAN McDANIEL: No. COMMISSIONER TAYLOR: -- to take away the major transportation in this area, so -- CHAIRMAN McDANIEL: By any stretch of the imagination. MR. LAMB: No, I don't think so either. It was just an October 8, 2019 Page 20 oversight. CHAIRMAN McDANIEL: Right. MR. LAMB: You know, and people don't know how that community thrives out there. CHAIRMAN McDANIEL: Correct. COMMISSIONER FIALA: You know, we didn't know. Thanks for bringing it to our attention. He'll take care of it. We will help him. MR. LAMB: Thank you. CHAIRMAN McDANIEL: Thank you, sir. (Applause.) MR. OCHS: Ready, sir? CHAIRMAN McDANIEL: Yes, sir. Item #12A THE BOARD CONSIDER TWO PROPOSED ORDINANCES, ONE WHICH WOULD BAN THE SALE OF CATS AND DOGS IN PET SHOPS, AND THE OTHER WHICH WOULD REGULATE THE SALE OF DOGS IN PET SHOPS - MOTION TO UPHOLD THE BAN OF RETAIL SALES OF DOGS AND CATS – FAILED; STAFF, RETAILERS, AND ADVISORY BOARDS TO BRING BACK A RESOLUTION /ORDINANCE WITH REGULATIONS ON HOW TO APPLY TO THESE BUSINESSES AND HOW TO ENFORCE AGAINST (BAD ACTORS) THEM IN REGULATING RETAIL SALES AND THE TREATMENT OF ANIMALS – APPROVED MR. OCHS: Commissioners, that takes us to our 9:30 item this morning. It's Item 12A on the agenda under County Attorney's report. It's a recommendation that the Board consider two proposed October 8, 2019 Page 21 ordinances, one which would ban the sale of cats and dogs in pet shops, and the other which would regulate the sale of dogs in pet shops. Mr. Klatzkow? MR. KLATZKOW: Yeah, it's your policy decision of the Board. You can take action, take no action, let pet sales, not let pet sales. Complete discretion of the Board. MR. MILLER: And, Mr. Chairman, sorry, just an approximation, but approximately 100 registered speakers for this item. I kind of lost count around 85. MR. KLATZKOW: Which may be a record. MR. MILLER: It is a record. CHAIRMAN McDANIEL: No, it's not. MR. MILLER: Well, for a non-budget meeting, yes. COMMISSIONER TAYLOR: No. You have to say your stormwater was -- CHAIRMAN McDANIEL: Yeah, it was. MR. MILLER: That was the winner. CHAIRMAN McDANIEL: Well, not that we're all hunting records, but it's a -- well, I have an idea. And I'd like to ask my colleagues how they feel about the idea, and that is if we -- because everybody that is here registered to speak took their time to be here. I'm really not interested in sitting here for three minutes for everybody to get up and tell me why we should ban or not ban. I had an idea of actually asking people to stand up in -- for those that are in favor of the ban and then -- and be recognized, and then those that are in opposition of the ban and be recognized. Then the Board deliberate along those -- along those lines. COMMISSIONER TAYLOR: And using the ban as the -- as the issue, not the ordinance, but the ban. Do we ban it or do we -- October 8, 2019 Page 22 CHAIRMAN McDANIEL: Well, the choice is -- with regard to the item is to -- is to accept the ban or regulate the circumstances. MR. MILLER: Mr. Chairman, I need to point out we have a lot of registered speakers both -- in the hallway, and I guess we have some on the fifth floor now as well. MR. KLATZKOW: If the speakers get to be repetitive after a while, your approach is valid, but simply to not allow the speakers to speak and just raise their hands yes or no, I don't think that's appropriate. CHAIRMAN McDANIEL: Okay. Well, then let's roll. I am going to say this: If you are a registered speaker -- because this is government of and by and for the people. If you are a registered speaker and someone has already said what you are about to say, you may raise your hand and waive and say you concur in that regard to help things go along, okay. MR. MILLER: All right. Mr. Chairman, I want to advise, we will be using both podiums. I would like the second speaker to be standing by at the alternate podium and, please, let's hold applause after the speakers. Your first speakers is John Morton. He will be followed by Dr. Matt Facarazzo. I hope I'm saying that close to correct. Mr. Morton. CHAIRMAN McDANIEL: Pick a side. They're open. MR. MORTON: Good morning, thank you. I'm John Morton. I'm the medical director at Humane Society of Naples here. Closer? COMMISSIONER TAYLOR: Yeah. Speak into it. MR. MORTON: Thank you. Sorry. I know you've got a lot of people ready to talk. We just heard that. I'm going to be pretty quick here. I just want to talk a little bit about the human health implications of this type of organization that might be moving into the county. October 8, 2019 Page 23 Some may be familiar with the Campylobacter outbreak that occurred from October 2016 to 2018. THE COURT REPORTER: Can you slow down just a little? MR. MORTON: Yeah. I'm sorry. I speak a little fast. This was an outbreak that occurred in people, animals, and these pet shop workers. It covered 18 states, and 140 -- or excuse me -- 118 people that were confirmed. The reason that this is particularly a bigger issue among these animals was 95 percent of these animals had been treated with antibiotics before or at arrival to these pet stores. That resulted in that bacteria being really multidrug resistant, meaning that the common antibiotics that were used to treat it will not be effective. Not only does this have implications for Campylobacter itself, but every other bacteria that's inside these animals, e-coli, salmonella. These all have human health implications. Can result in lots of issues with people. You know, we had 20 of these dogs in Florida out of the 149 or so that were linked. We were second only to Ohio that had 34. So, clearly, a lot of these dogs are coming down to us. I know these animals are commingled together before and at arrival. So even if there was one potentially bad breeder, if that's what you want to call it, they're mixing these animals inappropriately, spreading this even further. Children are particularly prone to this. Elderly, immunosuppressed. You know, we know that normal dogs can carry this. That is absolutely accurate, but the multidrug resistant pattern of this was bad, and not only is that going to delay treatment for humans, it's going to delay treatment for animals and potentially spread this even further. You know, the concern is, are these animals being sent sick? Are they being covered up? I don't know the answer to that. I can't October 8, 2019 Page 24 speak to that, but it's definitely a concern. You know, these 142 animals received 2,600 days of antibiotics. That's a lot. Up to 60 days per animal in some cases, which is well beyond the recommended course of treatment of five to eight for this particular bacteria. Again, ago I know 118 people, 150 animals is not that many, but when you're talking about this number of states, none of them have spread, this is something that could happen in Collier County very easily. These dogs are kept in pens in these pet stores where kids can come in and play with them. I guess that's me. You know, again, we know kids don't wash their hands. Clearly, the pet store people are not washing their hands either if they're the ones that are getting it here, too. So, you know, there have been outbreaks with other dogs before, but those dogs -- those outbreaks were not multidrug resistant, and to me that is kind of the scary part here on the human health side. So I've got eight seconds. I'm happy to answer any questions and let the 99 people behind me talk. CHAIRMAN McDANIEL: Thank you, sir. Appreciate it. Just for your record, the bell goes off when your time starts -- unless anybody has any questions. I'm sorry. Do you have questions? Forgive me. COMMISSIONER TAYLOR: No. Thank you. CHAIRMAN McDANIEL: You're good. When the light goes green, you're ready to go, you have three minutes to speak, and then when it goes yellow, you've got 30 seconds to wrap it up. So thank you very much. MR. MILLER: Your next speaker is Dr. Matt Facarazzo. He's been ceded three additional minutes from Linet Canela. If you're present, Linet, can you -- October 8, 2019 Page 25 (Raises hand.) MR. MILLER: She's here in the front row. He will have a total of six minutes, and he will be followed by Jimmy Taylor. DR. FACARAZZO: Good morning, Commissioners. My name is Dr. Matt Facarazzo. I am a small-animal private-practice veterinarian in Largo, Florida. I have been a vet in Florida since 2004 and have been the veterinarian for Petland Largo for four years. I understand that Luis Marquez is opening a pet store in Collier County, and I wanted to take a moment to inform you about my personal experience with Mr. Marquez and Petland. When I started working with Petland Largo, it was under different ownership. It was my first experience working with a pet store in any capacity. The reason why my situation is unique is because I was able to experience firsthand working for a pet store before and after Mr. Marquez was involved. Before ownership changed, I considered my experience for Petland a good one. The owners were a nice family and seemed to care about their store. The animals were cared for, but a few things were missing. For example, cleanliness and the absence of an ISO unit were two things that could be improved but never seemed to be valued as much I value them. Although they cared for the store, the previous owner seemed a bit burnt out. Then there was the experience of working for Petland after it was sold to Mr. Marquez. First and foremost, he brought in top-of-the-line breeders, ensuring only the highest quality puppies possible. He raised the bar for the standard of cleanliness and increased my frequency from one vet visit to two, sometimes three per week. Campylobacter, topic of conversation, obviously, has never been diagnosed in our store in the time that I've been there. Not one case. It's a testament to the cleanliness standards that Mr. Marquez October 8, 2019 Page 26 imposed. Mr. Marquez has already been -- before the ink was even dry on this contract, he had put his stamp on the place. It was within minutes of hearing that the store had new owners that my phone rang, and it was Luis introducing himself and asking me what he can do and how we can improve. After completing the sale, Luis' first call was to me, the store vet, because his concern wasn't anything business related but rather the health and conditions of the pets he was excited to provide to families in the Tampa area. This was music to my ears, because there were a few things that I wanted to change, and now I had someone with the same mindset as I did regarding making the health and conditions of animals the first priority. He asked me what I needed from him. The lack of an ISO unit being my main concern, I told him if possible I would like one. Construction of the ISO unit started the next morning. But it didn't stop there. He could have just made the ISO unit and moved on, but instead what Luis did was close the store completely so his people could get to work. In addition to the ISO unit being built, he replaced all the old cages with new cages. He built me my own vet area -- exam area. He also increased the size of the kennel, which he knew would be needed because the increase of animal staff he intended on hiring. The improvements were above and beyond anything I could have hoped for. The point of telling you this is because although he did improve the areas that the customers were exposed to, his primary focus, attention, and his resources were put towards the area that clients did not see, the animal area. His goal was to improve the conditions of his pets and the working conditions of his staff. Not only does he love what he does, he truly loves and takes care of the people he relies on to make it all happen. As you can see October 8, 2019 Page 27 the turnout here today. I wish I can go over all the improvements and changes for the better that have been -- that have happened since Luis took over, but only having a few minutes, I'll just touch on a few. He made the vet exam area, he increased the size of the kennels. He made an ISO area. He replaced all appliances to aid in keeping everything as clean as possible. He increased the frequency of puppy exams. He changed the food to higher quality. Increased staffing. Increased staff training. Breeders as good as they get. Supplies 24-hour on-call veterinarian to ensure puppies get treatment immediately when needed. He added puppy stimulation. He added a groomer. He added a new feline area so dogs and cats wouldn't be mixed and stressed. He added puppy play areas for puppies to be more socialized and to decrease stress and boredom in the puppies that were housed there. I can go on. These are just some of the highlights just in the first week. After all of the improvements were made, Luis made a point to touch base with me at least weekly, and every conversation to this day starts the same way. And anyone who talks to Luis knows this is the way he talks. Doc, how are you? How's your family? How are the puppies, and what can I do to make things better for the puppies? Every single conversation starts this way. As crazy as it sounds, I literally cannot think of a thing he could do to improve animal conditions or the conditions for his staff. He works tirelessly to ensure his puppies are as healthy and happy as possible, and it's been my absolute privilege to work with him. In addition to providing beautiful, healthy, loving pets to thankful families all across Florida, and now Texas, Luis has proven to be an asset in every community he joins that has been recognized for community service and charity countless times. October 8, 2019 Page 28 For Luis Marquez, this is not a profession but rather a vocation. Like the Tampa Bay community, you guys would be very lucky to have him as the newest member of yours. I believe in Luis and what he stands for so much that in the first year he has owned the Largo store, I have personally added two Petland puppies to my family, and my family loves them and couldn't be happier. Thank you for your time. I appreciate it. Do you have any specific questions? MR. MILLER: Your next speaker is Jimmy Taylor. He will be followed by Melanie (sic) Mann. CHAIRMAN McDANIEL: And then we're going to hold our applause, please, if you will. MR. TAYLOR: I don't get any applause. CHAIRMAN McDANIEL: Until we're done voting. MR. MILLER: Mr. Taylor, go ahead. MR. TAYLOR: Okay. I'm Jimmy Taylor. I've literally been with Petland since I was a child. I started in 1980. I was 12. That's a joke. So I really just want to talk to the fact of the people of Collier County and what they're -- you know, those are the people you represent. Those are the people -- the ones that are actually seeking canine companionship. There's different options that they have, of course, right? Many of them want to adopt, right? So then they can go to a Humane Society or they can go to a rescue, a shelter. But then you've got other people, right, that want to get an eight-week-old puppy and make it their own. They want to raise it up. They want to train it. They've -- and so those people need options. And then you have people that want a unique breed. They brew up with a Cocker Spaniel or a Golden Retriever or a Basset Hound, October 8, 2019 Page 29 right, and then they need an opportunity to find a puppy for the ones that they want. So mainly it's about the choices of the people and the puppies that are available to them. I feel like -- one thing I know about Luis Marquez is that he goes and visits all the breeders, not some of them, right. All the breeders that he gets puppies from, he goes and he visits them. I think that part of it is very important. So what he provides for the public is puppies that are regulated, regulated by the federal government, regulated by the state governments, and then that's not enough for him. He goes and checks on them on his own. So he does everything humanly possible to make sure that these breeders are not puppy mills and they are not coming from substandard facilities. The other thing is he does everything he can for health of the animal. You just heard from the veterinarian there. But, you know, all these dogs, they get vaccinated. All these puppies get vaccinated. They're treated for parasites. All that's taken care of. But, of course, sometimes bad things happen, right? And that's why we have to have warranties on these, and his warranties are above and beyond. So, you know, bad things do happen sometimes, but what I want to say to that is why is -- why is everybody -- why does there have to be somebody to blame for that? If your child gets ill or your child, god forbid, gets a serious illness and a fatal illness, then does that make you a bad parent? I mean, no, obviously not. So, again, I think from my standpoint, it's just a matter of the choices of the people. If he puts a store in this community, if he does a good job and the community embraces it, well, then those are the choices you're looking for. If he -- if that -- if not, if the community doesn't embrace that and they choose not to do that, well, then he just -- he won't be in business any longer, right? October 8, 2019 Page 30 So I feel like the choice should be of the people. That's how -- that's how the United States was founded, right? Choices. CHAIRMAN McDANIEL: Your red light's going off. MR. TAYLOR: Yeah, I saw it. Thank you. MR. MILLER: Your next speaker is Melody Mann. She will be followed by Jason Collins. MS. MANN: Good afternoon. My name is Mel. I am the manager at the Petland Largo store. I have been working for Petland for going on three years. I also have got to watch the change of ownership. I worked for previous owners. Luis came in, bought the business, immediately replaced all of our kennels, went first thing and hired more kennel staff. So we actually have an entire staff that's dedicated just to the health and well-being of our puppies. They monitor everything like eating habits, temperatures, everything possible, basically. We weigh them every single day. We keep track of how often they get played with so that we can we sure that every single puppy is getting playtime. All of our socialization rooms have hand sanitizer. We have every single customer sanitize their hands between every single puppy. We sanitize the floor, the whole room between every single puppy. Sorry. I'm nervous. CHAIRMAN McDANIEL: You're doing really well, Mel. MS. MANN: But it's just been a huge difference just watching the difference from working there before. I actually just recently got to go visit all of the breeders. Well, not all of them. Throughout all of us, we visited all of them. But it was a really cool personal like experience to get to see all the parent dogs, see that they get played with every day of their life, see that they are in good conditions so that we can believe it just like he believes it. We're animal lovers. We're not people trying to do something October 8, 2019 Page 31 that doesn't make sense. Like, we're against puppy mills also just like most people should be. But my personal experience with it has been a good one. I think that the community will like it. I have a dog from Petland. We go to disability centers. We do all sorts of stuff with our dogs, but we do spread joy to the community as well, and that's all I have today. CHAIRMAN McDANIEL: Outstanding. Thank you. MR. MILLER: Your next speaker is Jason Collins. He will be followed by Dr. Albert Lopez. MR. COLLINS: Hello. My name is Jason Collins. I'm with the Davie location in Petland Florida. I've worked with them since January of last year. I have done a couple of different sides of the business. I've been the photographer. I've visited the breeders. I've done it all. I did not grow up in South Florida. I actually grew up outside of St. Louis in a small town just outside of St. Louis, a farm town. I was blown away when I moved down to South Florida by, like, how beautiful it was, and when I started working at Petland Florida -- and I can promise you when I visited these breeders I was actually blown away, too, because I've met thousands of smiling faces, and I've asked thousands of smiling faces to wash their hands and apply hand sanitizer as well, too, to keep our puppies safe. But to meet the families that are actually raising our dogs that we do get to send home and actually meeting 80 percent of the families that are raising our puppies before we (sic) go home and know how much care and how much time they provide and put in, it really makes me appreciate it to see everybody that I work alongside, everybody here in a red shirt and even the ones that aren't in red shirts, it really makes me appreciate working alongside them, because we're all -- we're not necessarily just finding puppies homes. We're taking care of these puppies, and we're taking the throne from October 8, 2019 Page 32 someone else, and we're handing it off to another family to raise these dogs. I was raised in an environment to where you can drive down the street, and I can promise you, you can find human beings that are living in far worse conditions than I have ever seen any of our dogs come from. They come from fabulous places where the families take pride in what they do. They've been doing it for years. I take pride in what I do and for what the company has done for me. I was not necessarily a supporter of pet stores before I started working for Petland Florida. It took me a little while to get into the initiative, into the business. Within a couple of months, I was actually invited to go on one of the breeder trips. I visited probably 20 of the breeders of that trip and met 20 of the families. I met hundreds and hundreds of dogs that I've just been blown away with. I found personalities that I'll never be able to find or that I hope to continue finding in people, but I've been blessed enough to be able to find them in dogs. And I hope to send anybody in Collier County home with a Petland Florida dog. I would love for them to be able to continue that for the average of what it is, about 14 years that a dog lives. So anybody in Collier County I would suggest that they take home a dog from Petland Florida and get to enjoy it, because it's been nothing but great times. And I could sit up here and bore you all day long with the great times that I've had with the company, but I won't do that to you. CHAIRMAN McDANIEL: We're not bored. Thank you very much, sir. MR. MILLER: Your next speaker is Dr. Albert Lopez. He will be followed by Paul Camilo. DR. LOPEZ: Good morning, Commissioners. I am here to speak about the community, the pets, and more so to bring personal October 8, 2019 Page 33 experience with Florida Puppies Online. I was invited by the Florida Puppies Online's owner and the staff to this meeting. I wasn't aware that our community is trying to ban the sale of dogs and cats and, you know, it really surprised me. I do believe that regulation is a wonderful thing, and we all, you know, probably concur on that. I am aware, personally, that regulation, it goes a very long way with the for-profit business, and it doesn't go very well with a non-for-profit business. You know, from my own experience, regulation on the businesses that they're actually making money and selling pets, they're hardly regulated. On the ones that they're not, they are not. I refer to the Humane Society and many other rescue groups that they do handle pets every day, and they have problems also with parasites, et cetera, and they don't seem to actually understand the consequences of it. My experience with Florida Puppies Online has been wonderful. I'm a veterinarian. I practice in the Caribbean, in Europe, and in America, and I've been in America for over 20 years, and I've been in Naples for over 10 years. We do have a practice in Naples that opens seven days a week that has a great reputation, and it's one of the eight practices in the county that is part of the American Animal Hospital Association, and we have that high distinction. So, meaning, we follow regulations, we follow the procedures and the protocols that are set by the American Animal Hospital Association. Three years ago Florida Puppies Online came to us, and they asked us for help and assistance because they wanted to actually open their pet store in town. I wasn't aware of any other pet store in town, and first I was really hesitant with, but then I talked to them, and I really wanted to help more so to protect the pet community in town. So we went through a very tedious process of getting the sources, the methods, putting systems in place, and the result is, like, October 8, 2019 Page 34 three years ago, there's hundreds of clients that come to us every week with great stories. We're the only veterinarian hospital in town that perhaps service the nursing homes. And that's one other thing, that I deal with childrens, with adults, with elderly people that love these pets every day and, more importantly, those pets are in great health. And I'm really here to testify that -- and to create awareness that the county should focus on regulating and really regulating the for-business and the not-for-business, you know, pet-related entities instead of banning them, because all of these people that we see here in red, they can be future veterinarians. And if they don't start by cleaning cages and understanding all this process, then, you know, we'll miss out in a lot of that. CHAIRMAN McDANIEL: Your red light went off. DR. LOPEZ: I get it. I wish I could have more time because this is a very important matter. CHAIRMAN McDANIEL: We understand that it is, and there are 100 people that are going to say what you're going to say. DR. LOPEZ: Absolutely. That's fine. MR. MILLER: Your next speaker is Paul Camilo. He's been ceded three additional minutes from Yessica Tello. Is she present? (Raises hand.) MR. MILLER: Yes. And he will be followed by Mary Lundberg. Mr. Camilo. MR. CAMILO: Thank you. Good morning, Commissioners. My name is Paul Camilo. I've been in the veterinary profession for 18 years. I'm a CVPM, a certified veterinary practice manager. There's about 100 -- about 300 of us worldwide. I'd like to share with you some of my credentials and what I do. I'm a member of Vet Partners, which is one of the consulting October 8, 2019 Page 35 associations in the profession. I speak in behalf of Zoetis, which is one of the larger firm companies, on best medicine practice in small animal hospitals. I am a national fear-free pet speaker which mission is to reduce anxiety/stress in pets, and I'm also on the advisory board for vet SOAPS, which is the Veterinary Specialty Outreach Awareness Project, and their mission is to enhance the standard of care in the veterinary profession. I share with you those because I've dedicated my life to better the lives of pets. Simple as that. I ran an animal hospital in South Florida in the Weston area for a very long time. One of my role was to manage the relationships in the community with referral sources. A lot of our referral sources were local breeders, local rescue groups, and pet stores. I have a relationship with Petland for over 10 years, well before Luis Marquez ever came along, and I understand that relationship really well. One thing I would share with you is when dealing with a breeder, typically they bring in a litter of puppies, and they have little tags around them with 1 through however many pets they have. And if we're lucky, we get graded on a piece of paper what was done for them as far as medical history, dewormers, vaccines, things of that nature. When dealing with rescue groups, it's sometimes a little bit less information. They typically don't come with a medical history. They might come with the initial what happened to them, how they ended up in that situation, but they don't come with a medical history. When dealing with pet stores, the nice thing about them is that they are regulated. All the puppies come with a health certificate that's signed off by a veterinarian somewhere that details the dewormers, vaccines, all of those things. And it was just a pleasure to work with pet stores because of that. My specific history with Petland as regards to the before and after when Mr. Marquez took over was a night-and-day difference. October 8, 2019 Page 36 There was a lot more communication back and forth from the pet store level. And something that kind of caught my eye that was a major change that I saw just from an outsider looking in is they started to advertise and educate and tell people that if you get a dog from us, we'll show you the parents, the pictures of the parents. And the way I understood that their industry worked, I just -- it was hard for me to understand how that was possible. And I was fortunate that I was invited on one of these breeder trips, and I certainly accepted, because I wanted to see what was going on. And I remember speaking to my wife before going thinking to myself, boy, I'm a little nervous about going because I'm not sure what I'm going to see. I'm sure when you think of breeding facilities, you have an engraved image in your head, and I can assure you I did too, and it's nothing like that. On the trip, on visiting about 12 locations, breeders, I did not see one cage, which I was surprised. All the facilities look like boarding facilities that people would leave their pets and pay top dollar for. So I was really happily surprised that that's what I encountered and was really happy and -- to see how the adult dogs were being treated. They -- and the conversations around their care. There were conversations about how much enrichment time they get in the yard, what type of toys are put in the yard, how they're -- there were conversations around taking the puppies and leash walking them at a very early age and potentially even starting with simple commands like sit, stay, all that enrich the lives of these pets which, again, I was very happy to see that. This fight really started in South Florida in Broward County, and I've been tracking it along the way and typically show up to these things. And something I would explain to you, and it was touched on briefly by others, is that deregulation and banning is not the way to go. October 8, 2019 Page 37 If anything, we need better regulations and better policing on the -- on everyone, not only at the store level, but really at the rescue level and at the shelter level. It's the way to go. My fear is if you ban the sales of pet stores, what's going to happen is an under -- a black market of pet trafficking, which actually has uptick in California, where people are just bringing in pets and selling them without regulations. Thank you. MR. MILLER: Your next speaker is Mary Lundberg. She's been ceded three additional minutes from Nancy Moore. Ms. Moore, are you here? (Raises hand.) MR. MILLER: Yes, I see the hand. And she will be followed by Yaylin Martinez. Ms. Lundberg. MS. LUNDBERG: Thank you. I am a resident, and I just want to make it very clear I'm not making any money from my stance here today. I have no connection with that. It's not a job. Anything. But I would like to talk about regulation. Millersburg, Ohio, name withheld by the USDA. CHAIRMAN McDANIEL: Ma'am, would you state your name again for the record. MS. LUNDBERG: Oh, sure. My name is Mary Lundberg. Good. All right. Millersburg, Ohio, name withheld by the USDA. Twenty-four dogs found with feet injured. Many of them trembling, limping, or with blood clots on the feet. THE COURT REPORTER: Can you slow down, please. MS. LUNDBERG: Sure. Many had been bleeding for hours without treatment. In July 2017 a USDA inspector found a distressing sight at a breeding operation in Millersburg where a USDA licensed breeder had severely cut back the nails of two dozen dogs, including cutting some of the nails completely off at the base, leaving many dogs October 8, 2019 Page 38 actively bleeding and showing other signs of trauma. The inspector wrote, approximately 25 percent of the adult dogs in the kennel had their nails cut excessively short by the licensee. The dogs that were examined appeared sore as they tried to pull their feet back, drooled, attempted to bite the inspector, and they licked and chewed their feet and trembled as well as defecated and urinated during the exam. The inspector went on to describe that some of the dogs appeared lame, which was exhibited by hesitance to bear weight on a limb, licking the feet, and limping. Multiple dogs had feet that were bloody and had blood clots stuck to the feet. The inspector noted that the sensitive pulp of the nail was exposed in 24 dogs and listed a detailed description of the affected dogs, many of whom were actively bleeding at 4:45 p.m. even though their nails had been cut off in the morning. Despite what appears to be deliberate cruelty or, at the very least, gross negligence by the licensee, the violations were not listed as direct or critical in the USDA's online records. Instead, the 24 dogs were listed only under a single indirect violation, and this is quoted from the HSUS, Horrible Hundred 2018. Now, some say that the USDA's a sign of quality. You can look at that and see that it's not. This is just one example. What a USDA license is not going to tell you is where a dealer obtains their animals, if the parents of the baby cat or dog are ill, mentally unstable, or aggressive. In fact, a breeder was just busted -- had animals confiscated out of Massachusetts this last week, and they were still allowed to keep 20 dogs, keep going with their business. I don't remember how many were taken, about 20. Some of those dogs were so aggressive that they had to be euthanized on site. This is from a breeder. So you don't know what you're getting. A USDA license does not tell you how many animals will die in October 8, 2019 Page 39 the care of the kennel or what happens to the unproductive breeders. It never guarantees a healthy animal or lets you know if the kennel has ongoing issues for years. Try it. Try -- look up a dog online for sale. Try to find out the history, the full history. You're not going to get it from the USDA. It doesn't guarantee about any illness that can be spread to other pets and to people. The USDA kennels are in no way, shape, or form as open with their statistics as their own county shelter is. Our shelter tells us how many animals are coming in, how many may have passed away in their care, and how many were sent out. You don't get that with a USDA kennel. Even the AKC, whether you agree with them or not, breeding or not, the AKC says that you must go to the breeder. You meet the breeder. You meet the parents. You see what kind of life they're living in. Removing retail sales is not taking away that option. In fact, it's helping consumers. It's a consumer protection. As of 9 p.m. last night, there were 127,000 dogs and 148,000 cats listed on Pet Finder alone. Doesn't include all of the rescues and shelters that don't use it, the animals listed on Craig's List or Facebook, the ones out on the street, and I have a whole list of the breeds. I could go over it, but it's -- it's just absolutely ridiculous. You could find anything. I used to volunteer to transport animals. I had some of the most beautiful purebred dogs in my car. I worked a lot with Florida Poodle Rescue. Absolutely stunning dogs. They're available. Removing retail sales is absolutely not removing choice. It's taking away that pipeline where the people who are up in the Midwest -- and that's where I grew up, so I've seen it firsthand -- are producing large-scale breeding facilities, and it's removing that pipeline of being able to sell them here. Florida's one of the biggest importers of puppy mills. And I'm from the Midwest, which is one of October 8, 2019 Page 40 the biggest producers of them. And I'm just here to ask, please make the best decision for our county, for the people who live within this county, and please stop the retail sales. It's not about any one business or another, and it's not about grandfathering anyone in or picking on anyone. They are free to continue their businesses, just not selling these puppies from these huge breeding facilities. Thank you so much for your time. MR. MILLER: Your next speaker is Yaylin Martinez. She will be followed by Suzy Felix. MS. MARTINEZ: I support in regulation of pet stores. Thank you. MR. MILLER: Your next speaker is Suzy Felix. She will be followed by Luis Hernandez. Ms. Felix. Oh, sorry. MS. FELIX: I have stuff to give to you guys. Hi. My name is -- good morning. My name is Suzanne Felix. I'm from the Carl Shechter Southwest Focal Point Community Center in Pembroke Pines. And why I'm here is mostly to tell you how Mr. Marquez Petland could benefit the community, because what they've done to our community center is unbelievable. Our members don't need to go to Petland. Petland actually brings the puppies to the center. And if you guys could take the moment to actually see what it's like for us to have seniors that can't take care of pets at home, but they can actually hold a puppy. He brings puppies, kittens and his employees are outstanding. Thank you for doing a great job. I mean, absolutely wonderful. They care for those puppies like you would not believe. But just to see how a senior holds a puppy -- and it's unbelievable that their anxiety's not there. They're calm. We have special needs. Now we have the veterans that want to October 8, 2019 Page 41 come on the day that the puppies come because they want to spend some puppy love. We also have daycare and Alzheimer's. And Alzheimer's is a big deal, especially that my mother is full Alzheimer's. She doesn't speak to me, but she speaks to a puppy. It's unbelievable how you see a reaction done, and he has helped our community so much that even in the evening we open up our community for a holiday open house. We have thousands of people come, and he welcomes -- he brings the puppies even for that evening, and it's wonderful. The community all comes together, and it really makes a difference on the look on their faces, even for a veteran that doesn't say two words but will talk to a puppy or hold a kitten. He does make a big difference in our community, and I just wanted to let you know that he would be a great asset to yours. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Luis Hernandez. He will be followed by JC Planas. MR. HERNANDEZ: Good morning. My name is Luis, and I support the regulation of the pet stores. CHAIRMAN McDANIEL: Thank you, Luis. MR. HERNANDEZ: Thank you. COMMISSIONER TAYLOR: I have a question. Mr. Hernandez, do you work for Petland? MR. HERNANDEZ: Yes. COMMISSIONER TAYLOR: Okay. MR. HERNANDEZ: Been working in Petland, like, a year and six months. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN McDANIEL: Thank you. MR. HERNANDEZ: Welcome. MR. MILLER: Your next speaker is JC Planas. He will be followed by Beverly Smith. October 8, 2019 Page 42 MR. PLANAS: Good morning, Commissioners. Sitting here in the audience, it's kind of interesting. We're going through basically an approval process for a business that's already been zoned in the area. It's like we're having a hearing before he has even opened. And I think you have to give yourself pause. This is a lawful business throughout the country. Now, I personally started working with Petland as their general counsel last year, and they flew -- the first thing they did was fly me out to go visit the breeders. I was stunned. They looked like expensive puppy hotels. They have eliminated puppy mills. I'd like to say something. You're going to hear a lot from opponents of sales of animals. And even the little that we've heard today doesn't really refer to any of the institutions that are owned by Mr. Marquez, any of the Petlands. Any of the reports you've seen of harm at Petlands were not his stores. Anything we're seeing with breeders are not his breeders. He has eliminated puppy mills to the point that we are now in litigation to prove in a court of law that we do not sell puppy mill dogs. That is how we stand behind the product. And I say "we" because everyone who is involved with Petland has this sense of participating in something that's changing the industry. I've spoken to veterinarians who have said that they've seen just in the past four years changes in the industry not just brought about by Mr. Marquez but by the breeders that he buys his dogs from. These guys are going above and beyond what has always been done. We're the way to eliminate puppy mills. Before you today you also have a bill to regulate. When do you ever see an industry come before you and say please regulate us? And that's what we're asking for, because what we care about more than anything is the care of animals and the prevention of their abuse. By actually passing good-sense regulation, we can all work together October 8, 2019 Page 43 to eliminate puppy mills, and that's what the goal should be. So rather than kicking any can down the road, rather than saying, well, we're just not going to ban, or rather than saying we're going to ban, let's do something right. Let's do something that can be a model for other counties in Florida. Brevard has done it, Manatee has done it. Collier County can be at the forefront of true animal regulation, true care of animals, protecting animals in a way that we all want to, and that's why I think that's the option that you should most consider today. Thank you very much. Wonderful to see you guys. MR. MILLER: Your next speaker -- and I'm having a hard time reading this last name. Jonathan Furist (sic), Humane Society in Naples. CHAIRMAN McDANIEL: Foerster. MR. MILLER: Foerster. It's your handwriting, sir. I'm sorry. MR. FOERSTER: No problem. MR. MILLER: He will be followed by Sarah Baeckler Davis. MR. FOERSTER: I'm actually going to cede my time to her. MR. MILLER: Okay. MR. FOERSTER: I was trying to do that earlier. MR. MILLER: All right. Well, Sarah Baeckler Davis now has a total of 17 people ceding time to her, so that's going to be -- wow, that's going to be 51 minutes, I think. CHAIRMAN McDANIEL: By the way -- MR. MILLER: Mr. Chairman, I can read all these names, but I do understand we do have some of the people that have ceded time in the hallway and on the fifth floor. CHAIRMAN McDANIEL: Okay. MR. MILLER: Would you like me to assume that these people are here? COMMISSIONER FIALA: Talking for an hour. October 8, 2019 Page 44 CHAIRMAN McDANIEL: We're going to let you talk for about 17 minutes, and then we're going to break, whether you want to or not. MS. BAECKLER DAVIS: Don't worry. I don't need an hour. CHAIRMAN McDANIEL: Good. At 10:30 we're going to take a break, because Terri's down here -- she's already broken into a -- MR. MILLER: Just for the record, Ms. Backler Davis will be followed by Jim Rich. COMMISSIONER TAYLOR: Mr. Chair, I think it's important that -- and I hate to do this -- that we know that these people are here. CHAIRMAN McDANIEL: We're going to take their word for it. COMMISSIONER SAUNDERS: I'd like to hear the names. We don't need to -- just hear all of the names. MR. MILLER: I will be happy to call all of the names, sir. COMMISSIONER TAYLOR: And if you're here -- CHAIRMAN McDANIEL: And if you are in the room, raise your hand, and -- MR. MILLER: Okay. Jonathan Foerster. CHAIRMAN McDANIEL: Assume that she's not lying. MR. MILLER: Rita Knauer. CHAIRMAN McDANIEL: They kind of know our rules. MR. MILLER: Judi Graham. Connie Chalmers. Gary (sic) Goodman. MS. GOODMAN: Cary Goodman. MR. MILLER: Cary Goodman. I'm sorry. MS. GOODMAN: Residents of Collier County. CHAIRMAN McDANIEL: Please don't yell. MR. MILLER: Andrew Occhiopenti. I hope I'm saying that close to right. Amy Hillbert. Karen McCarthies. Eileen Goetz. Maria Shay. Dave Freeman (sic). Kathleen Krenitsky. Linda October 8, 2019 Page 45 Greenwald. Betsy Welch. MS. WELCH: Here. MR. MILLER: Melissa King. Dixie Bibb. And Donna Foote. And I will say, Mr. Chairman, I did receive most of these personally, so these people were at least here at one point. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: They were at one stage. Thank you. UNIDENTIFIED SPEAKER: I've been in the overflow, so I could give you mine, too. Thank you very much. I didn't know if I would. MR. MILLER: Are you ceding time, or you just want to speak? UNIDENTIFIED SPEAKER: Just a minute is all I need. MR. MILLER: You'll be called later. I have, like I said, 51 minutes worth of time. Do you need 51 minutes, Ms. -- MS. BAECKLER DAVIS: I do not. MR. MILLER: I will set this for 18 minutes, and we'll go from there. Does that sound good? MS. BAECKLER DAVIS: That's plenty. CHAIRMAN McDANIEL: Fifteen minutes. MR. MILLER: Fifteen minutes it is, sir. CHAIRMAN McDANIEL: You burned three minutes reading the names. We're going to take a break at 10:30, and then we'll come back, and you're welcome to continue to speak. I'm stopping at 10:30. MS. BAECKLER DAVIS: Everybody get comfy. No, I'm kidding. I do not need all that time, although I think it speaks volumes about the support we have here in Collier County. My name is Sara Beckler Davis, executive director of Humane Society of Naples. I am a resident of North Naples. I live in Commissioner Solis' district. I run a business in Commissioner October 8, 2019 Page 46 Taylor's district. I am a proud Leadership Collier Class of 2019 graduate. I live and love and work and serve in Collier County. I also want to disclose that although I'm not speaking in my role or in the capacity of my role, I do serve on the DAS Advisory Board as well, and I serve as secretary. I apologize also. I am battling the plague here. Collier County loves its animals. We are proud of loving our animals and we are not unique in loving our animals. There is strong public policy to support this dating back to the 1800s, both on the national and state levels for protecting our animals. And because we love our animals so much, Humane Society of Naples enjoys broad support in this county. We have placed over 100,000 animals in homes since our inception in 1960, and between us and the Domestic Animal Services shelter, which we partner with, we serve over 10,000 animals per year. We are honored to independently raise and spend around $6 million in this community each year to do this good work. Humane Society of Naples supports a ban on the retail sales of dogs and cats because it is exactly counter to our mission to allow that type of sale. A big part of our mission is to find homes for unwanted animals. Allowing retail sales will make it harder for us to accomplish our mission because there will be more unwanted animals in Collier County. It's that simple. The effect of more unwanted animals is more euthanasia in Collier County. We have worked hard as a county. DAS and Humane Society of Naples are proud to have partnered on these efforts to reduce the rates of euthanasia of dogs and cats in Collier County, and we are very lucky that we are very close to not having to euthanize any unwanted animals here in Collier County. That's something that we should all be very proud of, and that makes us unique in the nation. This progress is at risk if you allow retail sales October 8, 2019 Page 47 of dogs and cats, and this county doesn't want that. Many people who speak today will talk about the health risks, and they are significant to both humans and animals with this institutionalized breeding of dogs and cats. Out of respect for your time, I will leave that to other speakers. I also know that you've already heard and you will continue to hear about protecting business interests, but I am here to say that I run a $6 million animal business in this county without selling dogs or cats. We also have adorable puppies. There was some mention of puppies earlier. We have lots of them. I just got text messages earlier of some that we have available. It's not true that shelters only have old or sick or large animals. We have lots of puppies. If anyone needs one, you know where to find us. Retail giants like PetSmart and PetCo follow this national trend which is not to sell dogs or cats in a retail environment. They work only with rescue partners like Humane Society of Naples, and they have saved millions of animal lives collectively, far more than pet stores are serving. If these business leaders can find profit without putting the community at risk, I don't see why any other business can't do the same. This is not personal to any particular business or business owner. This is strong public policy. Finally, it's obvious and palpable in terms of the number of minutes that were ceded to me and in terms of the turnout, and we're proud to be breaking records here today. I will, if it's okay, ask our supporters to stand so that the commissioners may see our local county residents who have showed up here today to support a ban, and then I won't take up any more of your time. If our supporters can stand. There are many upstairs who weren't able to get here super early, like our colleagues in the red October 8, 2019 Page 48 shirts. We are volunteers, and we are residents of Collier County, and we very respectively ask you to impose a retail ban. In terms of regulation we believe that the DAS, and I know this in my service, is already overburdened, and unless you're planning on giving them a significant budget boost which, of course, I would support, I don't think that they're able to properly regulate this kind of industry. Thank you. If you -- if there's any questions, I'd be happy to answer them. COMMISSIONER SOLIS: I have a question, and I should have probably asked this before of the veterinarian director. MS. BAECKLER DAVIS: Yes. Dr. Martin. COMMISSIONER SOLIS: One of the things that he said was that the puppies and puppy stores are treated from -- anywhere from 60 to 120 days with antibiotics. How do we know that? MS. BAECKLER DAVIS: He reviewed extensive medical records of cases. Because it's been investigated by the CDC, those cases are available via public record. So he was going through medical cases of some of the breeders at issue here. So the records of their treatment are showing that they're arriving on antibiotics, that they're treated with antibiotics before they get shipped, and that they continue to be treated with antibiotics, and that can result in, as he mentioned, antibiotic resistance, which is a problem for our veterinarian community because it's hard to treat, but more so, I think, for this body is that it's a problem for our humans. And if we have antibiotic-resistant drugs in the human population, we have a real problem. COMMISSIONER SOLIS: So -- but this is something that's being disclosed, and the records are being kept, and you can find this out? MS. BAECKLER DAVIS: We were able to via the CDC investigation, yes. October 8, 2019 Page 49 COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: And, specifically, it's -- we're talking about the issue of that disease, right? MS. BAECKLER DAVIS: Of Campylobacter and other -- other worms, diseases, issues that can transfer to humans. I would say that even if you accept all of what you're hearing from the folks in the red shirts and people who are working for Petland, obviously, who are paid to be here today, even if you accept all of that as true, I would bring you back -- CHAIRMAN McDANIEL: Easy. MS. BAECKLER DAVIS: Accept it as true. That's fine. I would concede, even if it's true, it's still strong public policy to ban this retail sales. We have plenty of puppies, and we don't want this unwanted euthanasia in our county. CHAIRMAN McDANIEL: Thank you, Ms. Sara. MR. MILLER: Your next speaker is Jim Rich, and he will be followed by Luis Marquez. MR. RICH: Good morning, Commissioners, and thank you for allowing me to speak this morning. My name is Jim Rich. I am one of the founders of For the Love of Cats. That's the cat rescue on Marco Island. I am also on the advisory board of Domestic Animal Services in the position of animal advocate. It is in this position that I have come to speak not only on behalf of my committee but for all the independents, rescue, and adoption organizations through the county that have tirelessly spent years rescuing and adopting dogs and cats with no other motive than their passion for animals and commitments to give them a better life. During all this time -- for my organization it has been 18 years -- we have struggled to improve animal rights by patiently working with our commissioners for positive change such as our chain ordinance for dogs, our TNR ordinance for cats, and the breeder ordinance. October 8, 2019 Page 50 One of the purposes of the current breeder ordinance is to prevent puppy and kitten mills from operating in Collier County. We all know that puppy and kitten mills are a cruel business that sell mostly unhealthy animals to the uninformed public. Allowing an out-of-the-county online business or a national retail chain that has a reputation for the retail sale of puppy and kitten mill animals is in direct conflict with our current ordinance. This also undermines the positive results for animal welfare we have worked so hard for through the years. I just pulled this. These are only two examples of documented animal abuse. February 2, 2018, this is from a Fort Myers newspaper, Lee County Animal Services seized 24 puppies from a Petland store in College Parkway right as they were being dropped off last week. Many were disgusted by the filthy conditions these puppies endured on their way to Fort Myers. Lee County seized the dogs after they arrived by a Missouri company, Puppy Travelers LLC. Investigators say the puppies were kept in crowded cages full of feces and urine without any water. At one point Animal Services say they were up to 127 puppies inside the truck. October 2019, this is from a former employee. Horrible standard of care for the animals. Saw disgusting things. Animals dying every day. No care for them and dogs coming in with fleas and diseases every day. This was the most nightmarish experience I've ever had at any job. These dogs come from horrible places. Don't work here if you actually love animals. It was too much for me. Commissioners, we would respectfully request that you approve the amended ordinance as presented by Darcy Andrade, director of Domestic Animal Services, that would prevent the import of puppy and kitten mill animals online and retail sale in Collier County. This is unanimously supported by the DAS Advisory Board. October 8, 2019 Page 51 Collier County needs to show that it is not business as usual, and we will not tolerate nor be influenced by those trying to conduct business in our community with documented abuses to domestic animals and the public. Thank you for your time. CHAIRMAN McDANIEL: Don't go away. Commissioner Saunders has a question. COMMISSIONER SAUNDERS: In reference to the news article that you cited in 2018 in reference to -- I believe you said that was in reference to the Petland store in Fort Myers. MR. RICH: That's correct. COMMISSIONER SAUNDERS: Can you kind of go over that again just real quickly what the substance of that was. I heard most of it, but -- MR. RICH: Yes. They basically came from a puppy mill up north, and I have the article. And there were over 140 dogs and puppies in this trailer. And they said that they had to remove several of them. COMMISSIONER SAUNDERS: Do you have a copy of the article with you? MR. RICH: I do. COMMISSIONER SAUNDERS: Could you hand that to the manager. I'd like to take a look at it. I'll give it back to you. I'll make a copy of it. MR. RICH: Absolutely. MR. MILLER: Your next speaker is Luis Marquez. He's been ceded additional time from Terry Miller and Miranda Schimenek. CHAIRMAN McDANIEL: And I'm going to do this, if you don't mind, sir. We're going to go ahead and take a break for our court reporter, and you've got 10 -- nine, 10 minutes. MR. MILLER: Nine minutes. October 8, 2019 Page 52 CHAIRMAN McDANIEL: Nine minutes. So we're going to come back at 10:46. MR. MARQUEZ: Okay. Yes, sir. (A brief recess was had from 10:25 a.m. to 10:42 a.m.) MR. OCHS: Ladies and gentlemen, please come to order. CHAIRMAN McDANIEL: I want you all to -- I'm taking full responsibility for the error. My math is requisite for me to add up to 10 minutes. I gave 20. We are shying a little bit on the 20-minute court reporter break. And no one will be excluded because of my error with us starting a few minutes early. So if there is someone who has stepped out, took me verbatim, we'll make sure that they have an opportunity to speak, so... MR. MILLER: All right. Mr. Chairman, your next speaker is Luis Marquez. He's been ceded additional time from Terry Miller and from Miranda Schimenek for a total of nine minutes, and he will be followed by Addy and Sydney Rodman. MR. MARQUEZ: Good morning, Commissioners. How you guys doing today? I wanted to go ahead and put something on the record if possible, and pass out to you guys. The first thing I'm going to pass out, this is a -- someone we call our Petland breeder, Petland Florida breeder contract pledge. These are 15 different items that my -- all of our 58 breeders that we currently work with and have been working with that go above and beyond. They've all signed this contract. I can provide that to all of you signed. I want to pass this out. I need you guys to take a look. It's 15 different items. I go above and beyond USDA standards, okay. I also am going to give you one handout to pass around. These are our locations, and then these on our community events. All right. These are -- it's over 100 events that we've done in the last year in our October 8, 2019 Page 53 community and every community we've been in. CHAIRMAN McDANIEL: You want to just make sure that gets to the court reporter, or do you have individuals copies for each one of the board members? If there is not, Luis, just make sure that Terri gets it. MR. MARQUEZ: Okay. Thank you. All right. Again, good morning. I am the owner of the Petland store that's coming to, you know, open here hopefully December 1st of this year. It's going to be on -- on 41, on the corner of 41 and Immokalee Road. This will be my sixth store, my sixth location here in the state of Florida. I also have one in the state of Texas and opening up a few in Houston, Texas, as well. I'm a little bit nervous. This is not my arena. If there is only one thing, Commission, please, that you take away from what I'm going to tell you here today, is that I hate puppy mills. I hate them. I hate them more than anybody in this audience. I don't -- I get compared to them consistently, this industry does, and I've dedicated my last three years in this business to try and get away and shut down puppy mills. If some of these activists that are here, some of the people that want to be out here that are going to be talking, that have been talking, I wish that they would, you know, accept our olive branch and try and shut them down together. I have worked hard to ensure the breeders I purchase from are held to the highest standard, well beyond the USDA requirements. You're going to see that in the handout I just gave you. I have personally selected 58 breeders, all of which have agreed to our requirements ensuring the breeding dames and sires and their puppies are well cared for and extremely healthy. Not only do I require my breeders to sign a contract agreeing to our standards, I also personally make unscheduled inspections three to four times a year to make sure that they're doing everything that's October 8, 2019 Page 54 required and expected of them. I also take my staff to check it out. We just got back about four weeks ago, and I took 40 of our staff members out there. I want my managers, my kennel techs, my kennel managers to know where their puppies come from and the fact that everything that I tell them and that I show them is real. Sorry, guys. I have copies of that. I'm going to -- I want to roll through a quick video. I didn't take up too much time. It's about two minutes long. I want to roll it real quick so you guys can take a look at it. (Video being played.) MR. MARQUEZ: On the screen, this is actually us getting into some of these facilities. These are facilities. What I want you to focus on, I want you to focus on the socialization yards, I want you to focus on breed-specific grooms. Anything that you have been shown is going to tell you that dogs are held in tiny wire cages, that they're matted, and that they're -- you know, that it's all animal cruelty. These are just three representations, because I don't want to take up, you know, an hour and a half. But if you guys want every single one of these videos, we have them. We show them to our customers, and we also have pictures of every adult sire and dame that we purchase from. You're going to notice, again, socialization yards. You're going to notice that they have in and out access at all times. You're going to notice happy, healthy animals, pets, adult dogs. You're going to notice toys for enrichment and socialization. You're going to notice different types of flooring for the puppies as they get used to, you know, when they go to the homes that we're going to go ahead and send them to. Please took at this. I mean, this is a little bit different than I think you guys have been shown before. And, again, this is a October 8, 2019 Page 55 portrayal of the breeders that we work with. This is nothing of, like, puppy mills which is everything you've been hearing and are going to continue to hear here today. My family, my kids, my wife, my parents, everybody that works for us is involved. They've been to these facilities. There's full transparency here, guys. Any questions on these breeders, and I am willing and able, you know, to do anything that you ask of me. So these are just -- these are three. You're going to notice that, you know, Cocker Spaniels, Pomeranians, Cockapoos, Golden Retrievers, Mini Golden Doodles, a lot of hypoallergenic breeds in these facilities. That's us leaving. I also want to remind you guys that all the sickness and all that stuff you guys have talked about, Campylobacter, this and that, none of those came from my stores. You know, they're not from my stores. I mean, there could be something that happens every once in a while, but anything that you've heard today is not from my stores. We don't own the Petland in Fort Myers. I own the Petland in Kendall, I own the Petland in Pembroke Pines, Davie, I operate the one in Plantation, I own the Largo location, and I own the Petland that's going to be in Naples. And I also own the Petland in Tyler, okay. I'm going to jump back to this here real quick. I've got three minutes, so... As you see from these videos, these are not puppy mills. These locations are indicative of all of our breeders, the constant access to outside runs, the size of their enclosures, the large play areas, the cleanliness. These are all requirements we have of our breeders. Our breeders are to have -- all of our adult dogs that they raise are to have -- they're to go out in the socialization yards twice a day for a October 8, 2019 Page 56 minimum of 30 minutes every single day. If we spot-check them and that's not the case, they are out. We don't -- there's no warning. There's no none of that stuff. We also only buy from USDA breeders that everybody, you know, is harping on here, but we do not buy from any USDA breeders in the -- that have a violation, a direct violation in the last two years or any indirect violation for the last three years. So that's another prerequisite that we put on them. Also, every puppy that -- you know, that is coming into our stores is checked by a veterinarian three times before they go home with any potential consumer. They're checked at four weeks where they're dewormed and vaccinated and done whatever they need, then they're checked again at eight weeks before they're transported to our locations, and then they're checked by our veterinarian when the transport gets to our stores: Three times by a licensed veterinarian. That's on the record, and that's on every documentation. You also saw the habitats the puppies live in after they come to our stores. Once in our stores, we have a veterinarian visit each of our stores at least three times a week to examine the health and well-being of each of our puppies, not only to ensure they are healthy but to ensure that they are safe for our staff and to be sold to the public. As you saw, we do not keep puppies in wire cages. That's a no-no. It's on the contract. And we require them to have two 30-minutes session of socialization and human interaction every day. I go above and beyond what most pet stores do because I care. I care about animals and I care about the customers we serve. I also care about my community. My goal is to be more than just a pet store in your community, Commissioners. My goal is to be everything you guys see in what I just passed out. October 8, 2019 Page 57 My family and I, my kids, we donate puppies to veterans. We donate puppies to children that have handicaps. It's important. We hope to one day have a foundation of our own. Autism is a very dear thing to us, and, you know, we've donated, I want to tell you, over 30 puppies in the last 12 months to different causes. It's our way of giving back. I am investing a lot to open a business in this community. Including construction and supplies, we will have over $600,000 invested. That doesn't include the $14,000 a month for the next 10 years at almost $2 million in your community on top of being a great part of this community. I encourage you to institute regulations and ensure only responsible and ethical businesses are allowed to operate in this community and that the pets they sell are healthy and safe rather than a blanket ban on all sales. Again, I thank you for your time, and I look forward to being a part of this community, guys. Thank you very much. CHAIRMAN McDANIEL: Thank you, Luis. MR. MILLER: Mr. Chairman, your next speakers are young sisters who want to speak together, Addy and Sydney Rodman, and they will be followed by Edmond Sayers. CHAIRMAN McDANIEL: One second, before you go, ladies, Luis, there is a question here by Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Hello. Thank you very much. Did you bus your people in from the East Coast? MR. MARQUEZ: My people came in because they wanted to show support, yes. COMMISSIONER TAYLOR: Would you ask your people to stand up, please. MR. MARQUEZ: Yeah. What does that tell you about my October 8, 2019 Page 58 people and what we do for our community and our staff? COMMISSIONER TAYLOR: Thank you. MR. MARQUEZ: By the way, we employee 310 people in this state, and we're bringing 50 or 60 jobs to this community. COMMISSIONER TAYLOR: I think you probably do understand this is the banning -- what's before us is not to ban pet stores. MR. MARQUEZ: No, no. I understand what you're doing. COMMISSIONER TAYLOR: It's to ban the sale of animals within the pet store, and you are more than welcome to establish a pet store here. The issue is whether you're allowed -- you know, whether there's a ban against the actual retail of small -- MR. MARQUEZ: The facts, Ms. Taylor, Commissioner Taylor, is that my business model is not to be asked -- to be changed by anyone. This is a land of free consumers, all right. And my business model is 80 percent pet sales. So what you do is you put me out of business. So that's why there needs to be the sale. And just so you know, I've reached out to Animal Services, and I've offered them a space in our location to help adopt animals. Since there is -- they say there's a problem with that, I want to help in any regard possible. Darcy has that on the table, and I hope she takes advantage of that. CHAIRMAN McDANIEL: Thank you, sir. MR. MARQUEZ: Thank you, guys. Appreciate it. MR. MILLER: Addy and Sydney Rodman will be followed by Edmond Sayers. Ladies. ADDY RODMAN: I am Addy Rodman, and I'm 10 years old, and I have one dog and four cats. I really love animals, and I think that having Petland having breeder -- having puppy mills is a bad idea, because what I've heard at the meetings with the Cape Coral Animal Shelter that they are put October 8, 2019 Page 59 in multiple groups and cages without any air conditioning, and a lot of them die. CHAIRMAN McDANIEL: Thank you, Addy. SYDNEY RODMAN: Hi. My name is Sydney Rodman. I am a homeschooled student, and we live in Cape Coral, Florida. We are trying to get the Cape Coral Animal Shelter open as soon as possible because I believe that there's many animals throughout the entire United States of America. There is adult dogs, adult cats that they are in the animal shelters and they are looking at all of the people who pass through them, and they are wanting to get adopted. They say, oh, is that one going to be my owner? Is that person going to love me forever? And then when that person walks away because they want a puppy, they are -- they're sad and they -- their happiness just drips away, and it's really sad. So we just wanted to let people know that there's plenty of adult dogs that want adopted. There's not just puppies. And you can mix your breeds and get the mixture of every -- there's every combination imaginable and just ones that just want to be loved, so... CHAIRMAN McDANIEL: What's your name, young lady? SYDNEY RODMAN: Sydney. CHAIRMAN McDANIEL: Sydney, how do you do? I would like for you to send me an email. I'm personal friends with two of the council members in Cape Coral, and we're going to help you get that shelter opened up up there. SYDNEY RODMAN: Thank you. CHAIRMAN McDANIEL: Please do. (Applause.) MR. MILLER: Your next speaker is Edwin Sayers. He will be followed by Nathan Bazler. Mr. Sayers has been ceded three additional minutes from Dayron Portela. MS. PORTELA: I'm here. October 8, 2019 Page 60 MR. MILLER: Thank you very much. For a total of six minutes. Mr. Sayers. MR. SAYERS: Thank you very much. My name is Ed Sayers. I've dedicated the last 45 years of my life on the welfare of companion animals. From 2003 to 2013, I was the president of the ASPCA in New York City. They are to lead the no-kill New York initiative, and I'm probably better known for the Sarah McLachlan commercials that we created at the ASPCA. I'm currently the director of animal welfare education for Petland. I began my career in the field of animal welfare managing a regional animal shelter in New York City -- in New Jersey in 1974, and many things have changed during that time. And for homeless dogs, the changes have been dramatically positive thanks to the work of thousands of animal welfare organizations and millions of animal welfare donors. In the 1970s, there were approximately 50 million owned dogs, and we acquired about five million dogs on an annual basis. We had about 4,000 animal shelters in the United States, and we would euthanize 12 million dogs a year. Conservatively, 12 million. It could have been as high as 15. We were euthanizing more than two times the number of dogs being acquired each year. At my shelter we had to euthanize 80 to 90 percent of our homeless dogs and cats for lack of space. As the person responsible for managing the euthanasia technicians for over 20 years there, the tragedy of dog and cat overpopulation remains visceral for me to this day. Today we have a different situation. Today, according to the most recent American Veterinarian Medical Association survey, Americans own 77 million dogs, and 7.7 million will be acquired this year. According to the ASPCA, animal shelters throughout the United October 8, 2019 Page 61 States will take in 3.3 million dogs this year, and 2.6 million will be either adopted or returned to their owners. Demand for dogs now far exceeds the number of dogs in animal shelters. And how did this happen? Well, it didn't happen quickly. It took decades. The first reason is we have the majority of veterinarians now recommending that dog owners have their dogs spayed or neutered before the age of six amongst and, in addition, we had many local and national animal welfare organizations and humane societies create low-cost spay/neuter clinics in disadvantaged communities. Today, according to the AVMA source book, American Veterinarian source book, 69 percent of owned dogs are spayed or neutered. In the 1970s, that number was less than 30 percent. The second reason is the growth and increased professionalism of animal shelters, humane societies, and rescue groups. We now have more than 15,000 organizations of all sizes dedicating themselves to sheltering, rehabilitating, and adopting homeless dogs. Thanks to spaying and neutering, we have fewer dogs entering shelters, and thanks to the generosity of animal welfare donors and volunteers, we have more than three times as many organizations to help our homeless dog population. According to AVMA, adoption is now the number one source for new dog with 28 percent of new pet owners reporting that they adopted their dog from a shelter or rescue group. So I wholeheartedly believe that pet adoption should be your first option. I just don't believe it should be your only option. I have been advocating for the adoption of sheltered dogs -- sheltered dogs and cats for 45 years, and I'll continue to do so. But with the demand for dogs being so much greater than the number of homeless dogs in shelters, consumers now face a more complex marketplace that not everyone will be able to adopt. October 8, 2019 Page 62 The retail pet store is now the only regulated source for the acquisition of a new dog. High demand for dogs has created a growing black market both on Internet, Craig's List, flea markets, public fairs. There's a business here created for the unlicensed substandard puppy mills that we're all referring now. There's no verification where these animals are coming from. The retail pet store, on the other hand, can identify when and where the dog was bred and raised and how it was transported to the store. The retail pet store must comply with all federal, state, and local regulations as well as provide customer protection policies. The retail pet store can only sell puppies bred by USDA licensed and inspected breeders, and in Petland's case, the sources of their puppies are the top 10 percent of USDA licensed breeders because their standards are so high. A responsibly managed pet store can be the best choice for a perspective dog owner, and consumers should have the right to make that choice. For some they want to raise a puppy and be assured that they know the breeder was in compliance with state and federal regulations. Many want the assurance that they have consumer protection policies administered by the store if there are any problems with their puppy, and for others, the choice is no choice at all. There's specific circumstances in their lives that necessitate a purebred dog of a certain size with specific characteristics. There continues to be the misguided view that there is a direct cause-and-effect relationship between retail pet stores and puppy mills. The truth is that puppy mills or illegal substandard facilities thrive in the growing unregulated marketplace. They avoid the most regulated source of puppies: The retail pet stores. If the ultimate societal goal is to eliminate puppy mills, we must understand that it is a shared goal between best practors (sic), October 8, 2019 Page 63 breeders, and pet store retailers, and animal welfare organizations. In recent years, state legislators have passed legislation and commercial breeder standards that have closed thousands of puppy mills. Pet store sale bands have closed none. We can best protect consumers of Collier County through recent regulations as proposed here and freedom of choice to pick the pet they want. We can eliminate puppy mills in this country by working together to improve breeder standards on the federal and state level and create pet store buying and selling standards at the city and county level. If we want to make -- if we want to end puppy mills, it doesn't make sense to ban the licensed and inspected responsible breeders who are not puppy mill. I think these proposed regulations will achieve that. CHAIRMAN McDANIEL: Is your question one -- COMMISSIONER SAUNDERS: Yes. CHAIRMAN McDANIEL: One second, sir. Don't go away. COMMISSIONER SAUNDERS: I think I can safely say that everyone in this room has objections to puppy mills. So my question to you is, how do you define a puppy mill? MR. SAYERS: Well, puppy mill is a commercial breeder who puts profit over the welfare of the puppies. And so in normal situations a USDA breeder, licensed breeder who has direct-care violations, to me, is the beginning of the line for a puppy mill. If they don't have the competency to take care of their puppies and dogs correctly, then I put them into the puppy mill side. If they were licensed, inspected, with no violations of any kind, then I think we have -- you know, we're dealing with people that are truly putting the best interest of the animals ahead of profit. In the case of Petland, the bar is higher. Ninety percent of them don't qualify and 10 percent of them do. October 8, 2019 Page 64 COMMISSIONER SAUNDERS: All right. When you say the bar is higher at Petland, can you define what that bar is. MR. SAYERS: I think the biggest thing we're finding out now and what we always advocated for at ASPCA when we were meeting with the industry is the socialization factor. It really isn't as much -- I mean, cage size is important, flooring is important, nutrition is important, but what we felt the neglect with puppy mills was socialization; personal time handling puppies and handling the breeding sire and dame. And so what you see from, to me, the more elite commercial breeders is a good amount of staff, competent staff that are spending the time socializing with their dogs and with their puppies. COMMISSIONER SAUNDERS: These competent higher standard breeders that you're talking about, is there an association that represents them, or are they members of some national organization that has standards? MR. SAYERS: There are -- state associations is the most familiar. State associations have state breeder associations, and they hold conferences and educational events to, again, upgrade the standards on the practices of breeders. COMMISSIONER SAUNDERS: Would your puppy mills -- would those breeders be eligible for membership in those organizations, or do they have standards that require certain -- again, certain standards for the treatment and socialization of the puppies so that a true puppy mill would not be able to meet those standards and join those organizations? The reason I'm asking this is I'm going to ask the County Attorney a question about can we create an ordinance that -- obviously, we can have certain standards, but can we limit where these puppies can come from in terms of having some definition of what a quality breeder is? October 8, 2019 Page 65 MR. SAYERS: I think you have that outlined in the regulations that are being proposed. But in terms of the state breeder associations and those that attend conferences, puppy mills are criminals. I mean, these are substandard, unlicensed breeding facilities. It's a criminal operation. Unfortunately, because the demand and supply is such a big -- is a big issue now, they have more avenues to do business. Some of the puppy mills that I work with -- I work with HSUS on a puppy mill initiative in Missouri. Some of those breeders that we put out of business are now coming back into business through auctions, through flea markets, through, you know, Internet sales that are not, you know, best practice. COMMISSIONER SAUNDERS: Okay. MR. SAYERS: So they have no interest -- you know, they have a market. They have no interest in educating themselves because they're putting profit ahead of welfare. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Do you want to ask the County Attorney now or later? COMMISSIONER SAUNDERS: I think after we've heard a little bit more conversation. CHAIRMAN McDANIEL: Okay. Commissioners, don't go away, sir. Sir, stay there. COMMISSIONER SOLIS: Yes. Can you repeat for me, I'm sorry, your background. You were the president of the ASPCA for New York? MR. SAYERS: Yes, the national organization. The ASPCA is the first animal welfare organization in North America founded in 1865. COMMISSIONER SOLIS: And you've been working with Petland now? October 8, 2019 Page 66 MR. SAYERS: Yeah. So I began my career, as I said, running a New Jersey regional shelter, and I started at the kennel level and became the president of that organization and then in the mid '90s went out and led the American Humane Association followed by PetSmart Charities, followed by the San Francisco ASPCA, the kind of no-kill model for the country, and then was recruited to come to ASPCA in New York to lead the no-kill initiative there based on the San Francisco model. COMMISSIONER SOLIS: And you're familiar with Mr. Marquez' operation and the breeders that he works with? MR. SAYERS: Yes, absolutely. I've gone on breeder tours. The initial interest for me with the industry is animal welfare organizations saw this coming. When you have 70 percent of the owned-dog population spayed or neutered, we know they're not going to be reproducing the surplus. So with HSUS and myself at ASPCA, we began meeting with the industry. We began meeting with trade associations, and one of the folks there was Petland, Joe Watson, the CEO of Petland. And we had this discussion, and we created -- over two years we created what we felt were humane breeding standards, a collaboration between industry representatives and Petland included, Humane Society United States, and the ASPCA. We use that model -- after I left the ASPCA, I became more interested in commercial breeding because I didn't know as much about it. And ASPCA and HSUS filed a petition with the USDA to take the standards that we had created and make that the new higher standard for USDA breeding standards. COMMISSIONER SOLIS: Has that happened? MR. SAYERS: That has not been adopted because the federal government is not in a pro-regulatory place right now. COMMISSIONER SOLIS: Okay. October 8, 2019 Page 67 MR. SAYERS: But those standards initiated the conversation that this is where we need to be. These are the kind of standards that -- you know, Petland was the first one to support the petition, and Petland has the breeder pledge. I mean, they're in a completely different space than other retailers. COMMISSIONER SOLIS: So in regards to those higher standards, is -- the breeder pledge that we've been handed here, is that consistent with the higher standard that's been developed by these organizations? MR. SAYERS: Yeah. The breeder pledge is really based on the collaboration that we had in these meetings with HSUS, ASPCA, and industry. That's kind of the root of that document. And, again, it comes back to -- I mean, obviously, space and nutrition and flooring are important but, again, it comes back to that socialization and care for the sire and dame. COMMISSIONER SOLIS: Okay. All right. That's all I have. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Thank you very much. Just a point of clarification. Who do you work for? MR. SAYERS: I'm the director of animal welfare education for Petland since 2016. COMMISSIONER TAYLOR: So you work for Petland? MR. SAYERS: Yes. COMMISSIONER TAYLOR: Okay. And then were you in the room when we heard testimony, I think it was our second or third speaker, regarding the USDA report that was kind of -- was glossed over what I consider and what most people consider severe animal abuse about the cutting of the nails of these dogs? MR. SAYERS: Yes, I did. COMMISSIONER TAYLOR: And you, obviously, are familiar October 8, 2019 Page 68 with USDA; is that correct? MR. SAYERS: I am. COMMISSIONER TAYLOR: And so what happened? MR. SAYERS: Well, for me, coming from the animal welfare side of the equation, I don't -- I don't have great value in the USDA's resources and competency and inspections in general. So I -- you know, USDA is the minimum standard. And I think the minimum standard needs to be raised, and we did that in collaboration with HSUS and the industry. I don't think the -- you know, yes, licensed is better than unlicensed, but what you really need to do is look at these folks -- and, again, using sometimes the bleeder pledge, only deal with the ones with the kinds that you see in the videos that Luis has shown. Because there are -- you know, like any profession, there is a bottom 10 percent. And USDA does not have the resources to meet -- you know, deal with that segment effectively. And so I never felt USDA was a big friend to the commercial breeding industry. You know, we pushed a lot of them out in our Missouri initiative. But Step 1 is to be licensed, and Step 2 is, you know, start to be the best-practice commercial breeder. And, personally, I didn't believe -- you know, I knew nothing about commercial breeding, and I had a lot to say about it. And somebody said -- COMMISSIONER TAYLOR: In your role as -- MR. SAYERS: At ASPCA and even in San Francisco. You know, people would say, you know, would you get a puppy from a pet store? No, absolutely. And commercial breeding is, you know, bad and all that. And then somebody finally asked me in these meetings, you ever been to a commercial breeder? And I said, no. And they said, well, you certainly have a lot to say about something you've never seen. October 8, 2019 Page 69 So I went out, and I started visiting kennels, and I saw a level, you know, A level, B level, C level. There's commercial breeders that are good, but I wouldn't get a puppy from them. And then there's commercial breeders who are great and just -- you know, the logic is, why would somebody dedicate their life to breeding dogs who doesn't like dogs? You know, so you ask them what their day is like. You're up at 5:30, we finish around 7:30 at night and that's -- that's if no one's having puppies. If someone's having puppies, like babies, they're all born at 2:00 in the morning. So these are incredibly hard-working people, and they're smeared by the -- you know, the bottom of their industry. The bottom 10 percent somehow has become the stereotype of who they are. And I was guilty of it, and I learned, and, you know, now I'm proud to be part of Petland. COMMISSIONER TAYLOR: Okay. Just -- you know, when you asked a rhetorical question, and I would say the reason someone gets involved in this business if they don't like animals is for profit. CHAIRMAN McDANIEL: Right. MR. SAYERS: Well, when you look at the opportunities for profit, banking and law and technology, I don't know dog breeding really comes as an easy way to make money. CHAIRMAN McDANIEL: For the record, sir, what's your name again? MR. SAYERS: My name is Ed Sayers. CHAIRMAN McDANIEL: How do you do, Mr. Sayers? Thank you for coming and speaking today and answering our questions, and I would like to make sure that you leave your contact information so, when there are further questions, we can get to you. MR. SAYERS: Okay, yes. Thank you very much. October 8, 2019 Page 70 MR. MILLER: Your next speaker is Nathan Bazler. He's been ceded additional time from Teresa Ferretti. (Raises hand.) MR. MILLER: From Jamie Chang. (Raises hand.) MR. MILLER: From Adria (sic) Rodriguez -- Andrea (sic) Rodriguez, I'm sorry. (Raises hand.) MR. MILLER: Ashley Wilson. CHAIRMAN McDANIEL: I don't see Ashley. MR. MILLER: Teddy Collins? (Raises hand.) MR. MILLER: He's in the front row. Evenston Pierre. (Raises hand.) MR. MILLER: Right there. So that takes us down to a total of 21 minutes, and he will be followed by Heather Barrington. MR. COLLINS: I don't want to cede my time. MR. MILLER: Oh, you don't want to cede yours. What was your name, sir? MR. COLLINS: Teddy Collins. MR. MILLER: Okay. Are you ready for your video, sir? MR. BAZLER: Sure, go ahead and start it. (A video was played as follows:) Florida Puppies Online is a family-owned and operated company located in Naples, Florida. With more than 10 years of professional experience and a lifetime of passion for animals, our team is dedicated to around-the-clock customer care, detailed veterinary checks, and a healthy and safe environment for all of our puppies. All of our puppies come from licensed breeders that are October 8, 2019 Page 71 meticulously picked by our staff to ensure regulations and best practices within the industry. Your puppy has multiple veterinary checks, is licensed and inspected by four different organizations before you even meet them providing you with the piece of mind you desire and deserve. Our local vet makes weekly visits with our puppies and has a state-of-the-art facility to provide the best care for our dogs. Your experience, which starts with looking at and meeting our puppies, is done alongside our passionate caretakers and team. After you've brought your new best friend home, we continue to provide the input, knowledge, and resources you'll need to keep your dog healthy and safe throughout its lifetime. At Florida Puppies Online, we are excited to help you grow your family. (The video concluded.) MR. BAZLER: First thing I want to give you, Commissioners, is a petition that we sent around for two-and-a-half days, and we received 559 signatures and hundreds of comments about -- CHAIRMAN McDANIEL: If you would, please, for the record, state your name again. MR. BAZLER: My name is Nathan Bazler. I am the owner of Florida Puppies Online. This petition was sent around to keep our doors open. Ninety percent of our income comes from the sale of puppies. We cannot compete with the big-box stores, PetSmart, Amazon, Chewy and keep our doors open with just supplies. We opened our doors on Davis Boulevard on January 1st, 2016. One of the things that is not widely known about our business in Collier County is that we are already regulated by DAS and the United States Department of Agriculture. Florida Puppies Online has never received a single violation. October 8, 2019 Page 72 We understand the pet business needs to be regulated, and we are fine with more regulation. My concern is that Humane Society is pushing for a ban or stiffer regulations while they themselves are not regulated at all. As we all know, when the cat's away, the mice will play. We all need to be regulated, including the Humane Society and rescues. Why in the world would any organization that handles live animals be exempt from these regulations? It makes no sense. DAS needs more staff so that they can do monthly inspections on each location that houses pets. These next four or five slides are the rules and regulations that are posted on DAS's website. Before our pups can be offered to our customers, they must be seen by a Florida licensed vet. They must have an official health certificate that is up to date. They must be up to date on vaccinations, and they must be tested to be free from parasites. These next few -- you can read these things in detail on DAS's website. They're very extensive. I have other pet stores in other states, and there's literally no regulations anywhere close to how stiff DAS already has them. Any and all tests they ran must be on the pet's heath certified. This health certificate must be given to the customer, and we must declare if there's any problems at all that the vets have seen with their new pet. Our vet, Dr. Lopez, who spoke earlier, visits our facility at least once a week to help us ensure that our puppies are healthy. While in our care, we have standards that must be met and upheld by the USDA and DAS. This includes but is not limited to overall health, kennel size, exercising, cleanliness, and routine vet care. We have to keep records of where our puppies come from and to whom they are sold to. October 8, 2019 Page 73 And the last line -- or last slide here shows -- it's the last page of DAS's regulations. I want to show you Point F that we have highlighted here. DAS -- or, I mean, animal services, humane societies, and nonprofits are explicitly exempt from all these regulations. Why is this? It makes no sense that the people that push for these regulations the most are the ones who do not want to be held to their own standards. On the next slide here we highlighted -- the Humane Society of Naples sent out a newsletter on October 1st. In this newsletter, they said currently there is no company offering cats and dogs for sale in retail space. It's obvious they had no idea we were even here. How can we be causing a problem or filling their shelters if they have no idea we're even here? We agree that our local Humane Society tries to do well for cats and dogs. This slide here is to simply point out that they aren't the saints that some of us may think they are. The latest report we could find was from 2016. They spent $2.4 million in salaries alone, and the executive director made a salary of $140,000 in 2016. We have no problem with people making money. It's how it makes our world go round. But we will be darned if they are going to tell us that we can't make money doing the exact same thing they are. All of this money goes to the Humane Society. They took in $2 million in grants, and they lost $152,000 in their fundraising efforts. How do you lose $152,000 when what you're supposed to be doing is raising money for the pets? When private enterprises lose money, they go out of business, but when it's your money, your donations, they're still able to operate. The craziest thing about the Humane Society is that they unknowingly send tons of customers to us. Their adoption criteria is so strict that people will come to us for a puppy after being denied by the Humane Society. Some of the reasons reported to us from October 8, 2019 Page 74 customers was due to their age or not having a fenced-in yard. And I also want to note, as Hurricane Irma was approaching, we stopped our lives, and we made sure that we evacuated our puppies before the storm came. With a forecasted storm surge of 12 feet, all the puppies of the Humane Society could have died because they did not evacuate their puppies. Since we evacuated our puppies, we were able to donate all of our food, our time, supplies, travel kennels so that DAS could move their dogs to an air-conditioned facility because they lost power. How can we be so bad when at times we do more than the Humane Society does for their own dogs? As you see here, this is just a few of the good reviews that we have online. And the Humane Society has good reviews, too. But we have an A rating with the Better Business Bureau. We have four out of five stars on every other platform. Can you find bad reviews? Of course, you can. We're not all perfect, and we try to do our best. There's not one single business that doesn't have a bad review out there. I've been in this business for a long time. Activists come at me hard sometimes. We aren't perfect. Sometimes live animals do get sick. And as a gentleman said earlier, you know, if your kids get sick, it doesn't mean you're a bad parent. That would be absurd to even say. This petition that we circulated, like I said, for only two-and-a-half days got over 500 signatures. One of the comments that one of our customers made I'll read to you. Florida Puppies Online brought us our newest family member when local rescues would not give us the time of day because we are working individuals. We applied to multiple rescues to be rejected because we worked. Florida Puppies allowed us to bring a new happy and healthy puppy into our home and a first sibling to our other rescue. October 8, 2019 Page 75 This next slide shows a photo that was used to push this agenda. We did some fact-checking, and we found out that this picture came from a raid on an unlicensed breeder in North Carolina. We would never buy from a place like this, and because of current regulations that are already in place, we're not even allowed to. Another photo that they used to push this agenda was from a rescue. They pulled a photo from a rescue. They can't even tell the difference sometimes between a rescue and a puppy mill. This is the exact reason why a rescue should be regulated as well as pet stores. This next slide shows how we could flip this agenda and show that shelters and rescues are terrible. It's not true. They're not all terrible. We know that from our local Humane Society. But if we wanted to show some bad pictures from some rescues, we definitely could. We don't think all breeders should be lumped into that same picture as well, that they're all bad, or all pet stores are all bad. We're not. CHAIRMAN McDANIEL: One second, Nathan. MR. BAZLER: Sure. CHAIRMAN McDANIEL: I'm going to ask whoever is not in control of their cellular device to get it under control, or you'll not be here. There's a lot of noise coming from this area over here, and that's a big distraction. Shut off your phone, please. Continue, Nathan. MR. BAZLER: Thank you. CHAIRMAN McDANIEL: Unless that was your computer. COMMISSIONER TAYLOR: It was not. CHAIRMAN McDANIEL: Okay. Just making sure. I'd get in trouble if I removed her. MR. BAZLER: While we don't support a ban on free enterprise, at the very least Florida Puppies Online is asking to be grandfathered October 8, 2019 Page 76 in as we have not been a problem in the years that we've been here. What we have here is a ban proposed by about 100 activists and Humane Society. If you indeed choose to pass this ban, what is to stop PETA from coming in here next week and deciding they want to bring a bunch of activists and bring -- in front of your board that we want to ban meat in Collier County? Do not give these activists power. If you do, where will it end? Thank you. MR. MILLER: Your next speaker is Heather Barrington (sic). She'll be followed by Teddy Collins. CHAIRMAN McDANIEL: And do not be nervous. MS. CARRINGTON: I am. Good morning. I'm Heather Carrington. I guess I am an activist. I have strong feelings about breeders. I believe that we're animal caretakers. I don't think that we're animal owners. I definitely don't think we should sell animals. And I am nervous, but I wanted to mention two things that happened to me in Collier County. An elderly widow that lived next door to me, he lost his dog. It was a pedigree dog, and he went to a breeder in Golden Gate and got a dog. I found out afterwards that the breeder was licensed and had all the regulations and was following all the procedures. He asked me if I would drive him to return the animal. The animal had some type of neurological -- it wasn't -- it wasn't right. So he had it about a week. I took him in the car to return it. I cannot get what I saw out of my mind. I reported it, but then I found out they were licensed, and they were approved. But I saw little puppies in very small cages with feces and urine, and they were all over. The cages were piled on top of each other all over. And then just the thought that you do here that the mama dogs never get out and they're constantly impregnated, impregnated, October 8, 2019 Page 77 impregnated. It seems very evil to me. One of my neighbors, younger one with children, they went, and I'm sorry, they purchased an animal at Petland in Fort Myers. I know you said you don't own that one. They asked me to do a terrible thing. I didn't do it. They wanted to return an animal that they bought from there because it also had, like, neurological problems. I saw it. It was running around, and it would bump into things, and it didn't -- it just wasn't right. They wanted me to tell their children the dog died, which I didn't. But they returned the dog back. We have a neighbor across the street that has -- he has financial means, and he recently replaced his dog that died from a breeder. They went, did trips. The breeder looked great. Everything looked good. And he spent a lot of money. He lives in Naples seasonal. It was delivered here. The dog was a mat of feces. It was just cowering -- he's still not right. He kept the dog. The dog's now three months old. But I guess one of my questions is, everybody talks about regulations, but I don't hear about how they transport the animals because -- okay. If they get them there and they're -- oh, and then the other thing is, if the new owner is better, what about the old owner? Weren't they regulated also? So how does that -- CHAIRMAN McDANIEL: Thank you. Ms. Heather, thank you. MS. CARRINGTON: Thank you. MR. MILLER: Your next speaker is Teddy Collins. He'll be followed by Michele Lazaro. MR. COLLINS: Hi. My name is Teddy Collins. I manage Florida Puppies Online with my wife, Kim. CHAIRMAN McDANIEL: One second, Teddy. Didn't you raise your hand for Nathan and cede your time to him? October 8, 2019 Page 78 MR. MILLER: I withdrew the minutes from him, sir. MR. COLLINS: I asked him -- MR. MILLER: He asked me to withdraw the minutes from Nathan's time, and I did. CHAIRMAN McDANIEL: Okay. Just wanting to make sure we're to Hoyle. MR. COLLINS: Absolutely. First, I just want to hit quickly on the Campylobacter. This is from, actually, the World Health Organization web page. Campylobacter is one of four key global causes of diarrheal diseases. It is considered to be the most common bacterial cause of human gastrointestinal incidence in the world. The main root of transmission is generally believed to be foodborne via undercooked meat and meat products, as well as raw or contaminated milk. Contaminated water or ice is also a source of infection. A proportion of cases occurred following contact with contaminated water during reactional activities. Campylobacter is a zoonosis, a disease transmitted to humans from animals or animal products, most often carcasses or meat contaminated by Campylobacter. Campylobacter feces during slaughter and animals. Campylobacter seldom causes disease. I really just -- I read that little excerpt right there because if we were actually going to follow the argument down its logical path, Campylobacter is usually transmitted through food, not through dogs. And I guess, logically, we should start worrying about all places that sell meat, because that would be where it would most commonly occur. And the other thing is what excludes rescues from transmitting this disease as well? Should all these outlets be considered today in your ban from plaguing us from this disease? I think not. I have never even heard of the disease prior to the last meeting. October 8, 2019 Page 79 We at Florida Puppies are not a problem with it. Again, we've never heard of it or know anybody from any of our customers that have ever had it, and we don't want to be lumped into this. I think it is kind of a scare tactic targeting some, maybe you up there, pulled into these arguments outside of the puppy situation. Next point of my argument is that if we want to question the sources of the industry's good and assume the worst, then what stops the next mob of accusing every clothes manufacturer of sourcing their products from a sweat shop? Why not lump all grocery stories in the same box and close them down because they might be accused of sourcing their meat inhumanely? Are we to shut down whatever legal operating business that we want to group in that activist opposes? Since we were not brought up before the commissioners at the previous meeting shows that we must not be a problem in the community. I also urge you to hold all rescues to the same standards that we hold, and I believe America's based on equal applications of the law and freedom to express themselves in their work. I think targeting the only current operating business in a town would be -- that we would be affected by this law is highly biased. I hope you stand by free-market principles. Thanks. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Your next speaker is Michele Lazaro. She's been ceded additional time from 12 individuals. MS. LAZARO: I don't need that much. MR. MILLER: Charles Carrington? (Raises hand.) MR. MILLER: Susan Gregory? (Raises hand.) MR. MILLER: Nancy Woodbury? (Raises hand.) October 8, 2019 Page 80 MR. MILLER: Chuck Danielian? (Raises hand.) MR. MILLER: Joyce Etchison? (Raises hand.) MR. MILLER: Jan Rich? (Raises hand.) MR. MILLER: Did I miss a hand? CHAIRMAN McDANIEL: I got it. MR. MILLER: Oh. Marty Moore? MS. LAZARO: That's all right. CHAIRMAN McDANIEL: There she is. (Raises hand.) MR. MILLER: Deena Munn? (Raises hand.) MR. MILLER: And Charles McDonald? (Raises hand.) MR. MILLER: Stacy Rodman? CHAIRMAN McDANIEL: I don't see Stacy. MR. MILLER: Yeah. I think she left. Suzanne Sinabaldi? (Raises hand.) MR. MILLER: Dale Encinosa? (Raises hand.) MR. MILLER: So that will be a total of 36 minutes for Ms. Lazaro. She will be followed by Heidi Liebwein. I think I'm saying that right. You want to start with your video? MS. LAZARO: So everybody can breathe. I'm not taking 36 minutes. Thank you very much, Commissioners, for hearing this item. I am Michele Lazaro. I am a city commissioner here in Hallandale Beach, Florida. I am not here today in my official capacity. I am here today as the president of the Animal Defense Coalition, which is October 8, 2019 Page 81 a 501(c)(4). We lobby on behalf of animal welfare at the state legislature. And I am also the president of Alliance for Animal Welfare, which is a 501(c)(3). I am your subject-matter expert in Florida. That is exactly what I am. And the reason that I say that is because I have spent the last eight years of my life doing this work. I was here before Mr. Marquez was here, and I intend to be here after Mr. Marquez is here. And the only reason I say that is this is not specific to Petland. This is not specific to any one store. I have been doing this work a long time, because I have seen the consumer fraud that goes on, the betrayal that goes on, and the heartbreak that goes on. So I'm going to jump right in. I just wanted to preface by saying that. I'm going to start a video that came from the Brevard County meeting when a woman named Christine Wilson, who is a nurse, got up and spoke at the Brevard meeting. (A video was played as follows:) MS. WILSON: I live in Vero Beach, Florida, at 1742 Point West Way. My story is a little bit unique because I am living proof of what a nightmare it has been because I contracted Campylobacter jejuni after taking care of the puppy you just saw in the film. My mother is 77 years old, I'm 52, and I have a son who is 11. The only good thing that has come out of this nightmare is that they did not become ill like I did. My mother purchased this puppy on August 20th. The puppy soiled in the car, soiled everything in our home for two weeks. She took the puppy back. She was told by Dr. Debbie Butler that the dog has parasites and worms. The puppy was treated with two different antibiotics. Nothing worked. October 8, 2019 Page 82 I presented the first time to Indian River Medical Center in Vero Beach, Florida, on August 28th with severe diarrhea and pain. I was not able to provide a stool sample at that time. I went back to the hospital within 24 hours. I was tested, and my stool was positive for Campylobacter jejuni. I had no idea what this was. I had no idea what lied ahead of me. On 9/7 I received a call from Chantelle at the Indian River County Health Department who notified me of how communicable this disease is, how highly contagious it is, and how she thinks I contracted it. After reviewing all of the information that was available, the epidemiologist at the Health Department concluded that I had become infected from taking care of the dog and cleaning up the stool. Due to inadequate hand-washing, I contracted the Campylobacter. In all, I have been in the hospital six times. This has deeply impacted my life. I'm a mom, I am a daughter, I am a nurse, I am many things, but now everywhere I go, my life is defined as where is the closest bathroom? I am now on a lot of medications which manage abdominal pain, nausea, diarrhea, abdominal cramping. I have over $10,000 of unpaid medical bills that Greg Dougherty is responsible for. That dog that my mother bought should have been quarantined until he was diarrhea free. They knowingly sold my mother a sick puppy, and I am living proof of the negative consequences that have come from that. I thank you for your time. (Video ended.) MS. LAZARO: Thank you. Unfortunately, Christine couldn't be here today. This is not about a store being clean. We have said this before October 8, 2019 Page 83 Campylobacter. This has nothing to do with the conditions in the store. This has everything to do with the sourcing of the animal. It has to do with the fact that we have not seen a pet store in 70 pet stores in the state of Florida that does not source the majority of their dogs from the five largest puppy mill states in the country: Kansas, Iowa, Arkansas, Missouri, and whichever -- doesn't matter -- Indiana, which you're going to see today. So it's not about the condition of the store. You cannot vaccinate for Campylobacter. You can't. There is no way to vaccinate it, and there is no way to stop it. You could spend all the taxpayer dollars that you would like trying to get enough resources to regulate these sales. I'm going to bet if you called your animal services director up here and you asked her if you could have an unlimited budget, take as much money as you want, are you going to be able to regulate this, and she's going to tell you no. I can almost bet. I wouldn't put Darcy on the spot. But the reason that I say that is if you look at the numbers that Petland has shipped in for the last -- July and August, the total between the five stores that are in South Florida for July and August, August shipped -- July shipped in 296 dogs. In August they shipped in 370 dogs. Who is regulating this? Who is standing at the door and checking every single document that comes through? You can't do it. It's absolutely impossible. So if you think you're going to get even less dogs in Collier, you're not. Let me start now with the pet stores and Center for Disease Control, because they like to say it wasn't in a lot of cases. It's not coming back. It comes from food. So let's look at -- and, remember, I'm going to show you documents. This is not pretty pictures. This is not emotion. This is not, you know, employees. This is state documents. This is Florida Department of Agriculture documents. This is CDC documents. I didn't write these. These came from the October 8, 2019 Page 84 organization -- the agencies. So in August 2017, the Florida Department of Health notified CDC of six Campylobacter infections linked to Company A, a national pet store chain based in Ohio. We're going to assume that Company A would be Petland Corporate, as they are the only one I know there that has chain based in Ohio. CDC examined and identified six isolates from Company A in Florida that were highly related to an isolate company from Company A customer. We have read that it was tracked back originally to the Orlando stores is where it started, Orange County. By February 28th, a total of 118 persons meeting the definition, including 29 pet store employees, which you're to hear from today. You're going to hear a testimony that one of the employees did, in fact, get Campylobacter from a Florida Petland store and was in the hospital. So that's not factually accurate -- were reported in 18 states. Here's the case-count map. If you'll notice that Florida has the second highest number of cases out of 113. Behind home state of Ohio, we also have the second highest number of Petland stores in the United States. So the numbers correlate, right. Largest number of Petland, 32; second largest number, 21. If you look, all the other cities -- states, two, three, eight. So to minimize what's going on in Florida, not factually accurate. Florida Department of Health from Indian River County. This is Christine's letter that said -- to the pet store. This actually came to the pet store saying we have diagnosed a dog from your store. This is going to be what I'm going to talk about now, which is the final report from the CDC. This is dated September 2018. Epidemiologic, laboratory, and trace-back evidence indicates that puppies sold through the commercial dog industry, an uncommon source. We agree. It is not a common source, which is all the more October 8, 2019 Page 85 concerning, of Campylobacter outbreaks were the source of a multistate outbreak of multidrug resistant. It did not respond to the first line of antibiotics. It's multidrug resistant, Campylobacter infections. However, potential for Campylobacter transmission among puppies exists because puppies from different breeders were commingled at distributors during transport and in stores. It doesn't have anything to do with when the dogs get here. It has to do with the fact that they are being commingled during transport and the distributors and in the stores. The evidence combined with the prolonged nature of the outbreak and the potential for puppy commingling indicates a potential for continued transmission of multidrug resistant Campylobacter industry-wide, including breeders, distributors, transporters, stores and, ultimately, in customers' homes. Although the investigation is completed, the risk for multidrug Campylobacter transmission in employees continues. It's not over. There's no stamp that says you don't have to worry anymore. It says, the possibility to continue. Pet industries and action to -- contributed to ongoing threat. Of significant concern, Petland also did not appear to fully cooperate with the CDC during the investigation. Emails obtained via public records request, Petland did not allow the CDC to share trace-back information with the state health department partners and that Petland failed to provide requested information to the CDC that would have assisted. I mean, it's unfathomable that you could have something like this, and the company would stand in the way of making sure that people were protected. This is a health, safety, and welfare matter for Collier County. And here's where it gets interesting. So the CDC internal email October 8, 2019 Page 86 says, during the course of the investigation, excuse me, information was collected for 22 positive puppies. They were traced back through eight distributors to 30 breeders across the eight states. Nine breeders are located in Indiana as well as one distributor. The names and addresses of the dog-breeding facilities are in the attached document. So there's 13, right? That's what the CDC is saying. In that 13 list, nine breeders are located in Indiana as well as one distributor. The names and addresses of the dog-breeding facilities are attached. Let me know if I lose you, because it took me years to understand this industry. It's complicated. Dogs are changing hands multiple times. COMMISSIONER TAYLOR: This is -- this is these -- this is from a CDC report? MS. LAZARO: Correct. COMMISSIONER TAYLOR: Okay. MS. LAZARO: No, you can stop me if you're -- okay. This is a CDC report, and it's saying that there are 13 breeders and distributors or transporters that actually were the source -- this is where they traced it back, to the source of the Campylobacter across the United States. According to the CDC internal email, Levi Graber of Blue Ribbon Puppies was one of the distributors where Campylobacter could be -- Levi Graber. See Blue Ribbon Puppies up there at the top? That is currently the primary distributor for Petland Florida. Right now. Today. Today. Right now. CHAIRMAN McDANIEL: There is no response from the audience with regard to the speakers. This lady has the right to speak as all of you do, factual or not. Whether you agree or not, you will withhold your comments with regard to what she's saying. Understood? This is a highly emotional, very political subject matter, and I will demand respect from everyone here. October 8, 2019 Page 87 MS. LAZARO: Thank you, Chairman. So let's just back up for one second to understand this industry. Pet stores only get their dogs two ways. One is from a breeder and the other is through a broker, which is a middleman, right? But good breeders don't sell to stores. You're going to hear it a million times today. They don't sell to stores. It doesn't matter who they are. They just don't. They certainly don't hand them off to a transporter or distributor or broker to sell to a store, to not know where they're going. That definitely doesn't happen. So let me pull up the next -- now, let's keep our eyes on Levi Graber, please. Can we pull up the next PowerPoint, Mr. Miller? MR. MILLER: Yes, ma'am. Give me just a second. MS. LAZARO: Thank you, sir. Okay. Where do Florida puppies come from? Let's go to the next one. Okay. This is where it gets difficult. So Indiana certificate of veterinary inspections. So let me explain how this works. When I buy a dog out of state, the veterinarian on that side, wherever the dog is coming from has to have a certificate of veterinarian inspection. And what it says is -- see all these shots down here on the right-hand side? He's confirming that all those shots were done. And this is state statute. This is Florida Statute 828.29. Florida pet law says that you have to have those shots. I'm going to assume that they do. Petland Kendall who's his -- who's his broker? Who's his distributor? Oh, Levi Graber. August 16th, 2019. That's the date. Twenty-two dogs came. And this is in one week; 22 dogs in this shipment. They don't load their puppies on vans and ship them across the country. They don't. Good breeders don't do that. They certainly don't send 22 different breeds. So that's Petland Kendall, right? These are the breeds in this order. I don't even know what they are. Poo something, Labrador. October 8, 2019 Page 88 There's all different kinds. Cane Corso, German Shepherd. I might have the wrong PowerPoint. I'm not sure. I don't know, it might be. That's okay. But I do need the other one because it has the most important stuff. So the Pembroke Pines. Maybe not, I don't know. Okay, Pembroke Pines same thing, sorry. Blue Ribbon, 8/16, 25 puppies, one week. Petland Largo, same thing; Levi. There's nobody else, right? No other broker, no other transporter, no other distributor. Hey, Levi might be a breeder, I don't know, but the state says that he can put his name on this document, and no other breeder has to say where these dogs came from. Now, if you look at any other certificates in Florida, the majority of the stores, where it says consignor, will have the actual name of the commercial breeder, not the broker. It will be the breeder's name so at least I can track where the dogs are actually coming from, right? There's a breeder name. I can't track them now. Right now I've got Levi Graber. I don't know where they're from. I would ask Petland, where are they from? I don't know. I don't know till somebody buys a dog and they show me their actual paperwork. And at that point, when I see their paperwork, it's too late. If they've come to me, there's a problem. Again, 17 puppies, Petland Plantation. Okay. This is definitely not the right PowerPoint. I'm sorry. I have to get the other one. I can't do this. Okay. I'm going to have to come back. I'm sorry. I'll do this, but I am going to have to step back. Did you get -- you didn't get the other one? MR. MILLER: That is the most recent one you sent me, yes. MS. LAZARO: Okay. Let me just make sure. No. It's not the right one. But I am going to have to step back, because I have the most important stuff on the other one. October 8, 2019 Page 89 COMMISSIONER SAUNDERS: How much time is left? Maybe -- MR. MILLER: Nineteen minutes, sir; 18 minutes, 30 seconds. MS. LAZARO: Okay. I'm going to -- I just want to finish these two slides, and then I'll step out and then, if you don't mind, come back so I can show the rest. So I don't know if you're aware, because nobody's said it, how much Petland puppies are. This is not the cute little puppy in the window for a couple of hundred. This young woman, unfortunately -- and we can't legislate people from themselves, unfortunately. I wish we could. I wish we could, right? I wish we could set policy that protected people, but we just can't. Unfortunately, this young woman walked into a store and didn't even want a dog and left with two. CHAIRMAN McDANIEL: Wow. MS. LAZARO: Left with two, right? Left with two with a $12,400 credit card bill at the rate of 29 percent interest. COMMISSIONER TAYLOR: Wow. Profit. MS. LAZARO: Wait, but she got a discount. She got a discount, because originally the French Bulldog was over 10,000, and the Teddy Bear -- again, don't know that breed -- 7,000, right? So she got a discount down to 11,000. I mean, there's other charges here. I'm not sure what they are. I guess if you ask Naples Humane Society what they charge for a microchip, I'm assuming it's part of their $200 adoption fee or $250. Here you're paying $80. And I'm not sure what a processing fee is. I guess you'd have to ask Mr. Marquez that or Petland that, what they actually charge for that. But that -- that's the cost that we're talking about. And so according to Ashley -- she's not here, so she can't speak, and I'm not going to say. According to Ashley, she didn't want a dog, October 8, 2019 Page 90 but when she went in and said, I can't afford it, she was told, but you can leave with one today, we have on-site financing. And if you don't have enough on your credit, we take out a loan. We can put -- we can put the rest of it on Monterey Financial or some other credit card LendingUSA. Approval -- this is off their website, actually. You can just go online and get approval for a dog for thousands of dollars if you want. So this is not a car. This is not $12,000 in financing a car. Pet Lemon Law only covers three things. Statute 828.29, same thing. Lemon Law covers three things in Florida: Cars, appliances, and dogs. And if I didn't know better, if I was looking at this model, I would say, this looks like a car -- used car lot. I mean, it's how I look at this. So now she got dogs for $12,000. I can't go into the illnesses for different reasons. But I am going to step out. I'm going to let whoever goes next, and then I'll just -- I only have three more slides. And I can answer any questions. But the last three slides are very important. I'm sorry to do that. CHAIRMAN McDANIEL: Thank you, Michelle. MR. MILLER: Sixteen-and-a-half minutes left, sir, on that. Your next speaker is Heidi Liebwein. She will be followed by Kelly Hyland. MS. LIEBWEIN: I'm Heidi Liebwein, and I'm a Naples resident. And I am asking you to say no on the retail sales of pets because I see more disadvantages than advantages to our community. Pet stores get their animals from puppy mills. Puppy mills exist because people prefer purebred dogs over mutts, but there is a solution. You can go to a pure-breed rescue. It's a disservice to the animals because of the cruelty aspects such as -- puppy mills are run entirely for profit. The owners have no October 8, 2019 Page 91 incentive to create clean housing or to seek veterinary care or to provide nutritious food. Many of these animals live in deplorable conditions from birth and die young because of exhaustion, disease, or neglect. When dogs are killed in puppy mills, they aren't sent out of this world by a licensed veterinarian who delivers a shot to the -- to calm the animal and then another to stop his heart. Instead, they will die the cheapest way possible, bashed in the scull, shot, or drowned. It's a disservice to the community because the problems found in puppy mills carry the same conditions and diseases into the pet stores and into people's homes. This is easy to understand because of the deplorable conditions they come from. It's a disservice to the consumer because their money is not going to some of the consumers' intention, meaning that puppy mills may be posing as legitimate rescue organizations, and breeders are capitalizing on the growing interest in animal rescue and adoption by using phrases like "for adoption" to hide the true nature of the operation. Buyer beware. I looked online at the Florida Puppies' website. You know, when you do a Google, it says it's a humane shelter, and you can also see this on their Yelp reviews. It's also a disservice to our public shelters, as this could become a burden for DAS, a burden that is not necessary for the workers. Pet store puppies come with behavior issues because they are taken from their mothers before the natural weaning process, resulting in desperation, depression, and poor socialization, and then where do they end up? It's a disservice to the Florida lawmakers. Pet store sales is a dying breed. Let us not try to save it. A Florida lawmaker is working to put an end to puppy mills after dozens of puppies heading to a local pet store were found in filthy conditions, and the Florida October 8, 2019 Page 92 Constitution Revision Commission's local government committee unanimously rejected Proposition 95 which is a proposal that would have gutted Florida cities and towns of their home-rule authority to ban the sale of cruelly bred puppies in retail pet stores. Naples already has one Internet puppy mill. Let us not add another one -- another source of puppy mills. Let us practice a slogan of "adopt, don't shop." Also, you can also bring a rescue puppy to visit the elderly. They were saying that they're doing that. You can buy a retail puppy. You can also buy a -- get a rescue puppy and bring it to the elderly to pet into the nursing homes as well as a retail sale puppy. CHAIRMAN McDANIEL: Thank you. MS. LIEBWEIN: I thank you for your time. MR. MILLER: Your next speaker is -- MS. LIEBWEIN: I also have a petition of over 500 signatures. MR. MILLER: Your next speaker is Kelly Hyland. She's been ceded three additional minutes from Rose Cavallone. (Raises hand.) MR. MILLER: Yes, I see her hand. She will be followed by Belen Brisco. Ms. Hyland will have a total of six minutes. CHAIRMAN McDANIEL: And after her we're going to take lunch. MS. HYLAND: My name is Kelly Hyland, and I am a resident here of Collier County. I speak on behalf of many residents, taxpayers, and voters here in Collier County. Let me start off by saying our community welcomes any pet store here in Collier, but we do not support or welcome a store that engages in the retail sale of puppies and kittens. We also do not support online sales in any pet store. PetCo's revenue, 3.82 billion, and PetSmart, 5.32 billion. They do not sell puppies or kittens to be successful. October 8, 2019 Page 93 At this point, with all the information and facts that you have been presented, I ask you, why would you not support a ban that would -- a ban that would -- I'm sorry -- that would ban the retail sale of puppies and kittens? With research, facts and documents from the CDC show the very concerning health risks for our community. Commissioners, you are now well aware of the risks such as Campylobacter. The CDC tells us Campylobacter is antibiotic resistant and contagious to people. Knowing this, why would you not want to protect us as a community? Why would you not want to protect our people, our children, the elderly, and our pets from this potential risk? We need to take steps forward to support the efforts of DAS, Humane Society of Naples, Snip Collier, and all of our local rescue groups and volunteers that work tirelessly on a daily basis to help find homes for the countless number of animals -- countless -- of homeless dogs and animals in our community. Why would you not support their efforts? Research shows pet store puppies are not sold spayed or neutered. Why would you want to add to our already-existing pet overpopulation problem in our community? Research also shows reputable breeders -- reputable responsible breeders would never sell to pet stores. Research also shows large-scale mass breeding facilities, also known as puppy mills, seem to be a source -- a pet store's main source of supply. So picture this scenario: Hundreds of puppies loaded into vans leaving the mass breeding facility where they have been living and then transported to Florida and then down here to Collier County from states such as Ohio, Indiana, or Arkansas, just to name a few. The condition the puppies are in when they leave these places that they came from is how they arrive and enter the pet store. This process cannot be regulated or inspected from afar. DAS October 8, 2019 Page 94 already has their hands full trying to regulate our existing problems in our community. So why would you want to add more to the mix? Why waste taxpayer dollars on something we do not need and something we do not want? Commissioners, please think about this: How would not having an ordinance benefit us as a community? How do you plan to keep us safe without an ordinance? Knowing ahead of time that there is a risk, what would your plan of action be if a child gets sick from a puppy? From a sick puppy? How do you think a child will feel if you had to tell them their new puppy died because it was sick? Beyond heartbreaking, I'm sure, for the child and the parents having to tell them this, and this has happened. Don't think it has not. We need to be proactive instead of reactive. We need to lead by example to keep our community safe to support all animal-welfare efforts in our community. In closing, as residents, taxpayers, and voters of this community, we ask that you do not take the risk. We ask that you do not take the risk. There is absolutely no reason to. Please do not put industry over the health and safety of our community. You are now well equipped with facts, documents, knowledge and, most importantly, you have the ability. You have it. You have the ability to protect us and to keep us safe, and we ask that you please do. Thank you. CHAIRMAN McDANIEL: Thank you. We will be back at 1:02. (A luncheon recess was had from 12:02 p.m. to 1:02 p.m.) MR. OCHS: You have a live mic. CHAIRMAN McDANIEL: There you go. He has to announce that I have a live mic just so I know. And I believe we were in the middle of something before we left for lunch. October 8, 2019 Page 95 MR. MILLER: Yes, we were. And, in fact, Mr. Chairman, I'd like to start with Ms. Lazaro. I found her additional slides, and she had, I do believe it was 16 minutes remaining, and I've set the clock accordingly. MS. LAZARO: Thank you. CHAIRMAN McDANIEL: Sixteen-and-a-half minutes, I think you said. MR. MILLER: You are correct, sir. I will add that. MS. LAZARO: Sorry to do it like that. I like consistency, but I was working on that PowerPoint till 1:00 in the morning, so... All right. So going back. Let me just -- okay. So this is Bear, and Bear was bought at the Plantation Petland. I'll give you the date in a minute because it's on the next page. But she was bought by a young college student named Gabriella Fernandez -- he. He's a Golden Doodle according to the document. And Bear died 13 days after he was purchased. This young lady bought this dog for $5,159 at a rate of 27 percent. Finance charge would be $4,000. She's a college student, so she's not shrewed. And after all payments would be made, she would pay $8,800. Now, remember, these are -- a lot of times impulse purchases. I just want to go in and look at a puppy. I just want to go in and play with a puppy. I don't really want to buy one. But what happens is you fall in love with a puppy very quickly, right? And sometimes the puppies don't look well, so you think, well, I want to rescue it. I want to get it out of here. I want to take it home. So that's what people do, and they take this on-site financing because they say -- so I'm told -- you can take this puppy home today, right now. Well, who's not going to want to do that? So this poor girl did that, and that's where we're at. Now, the dog died, and the veterinarian, their veterinarian, as far as I understand -- this is -- remember, the business self-refers their October 8, 2019 Page 96 own vet, right? So they make a recommendation. Lemon Law says, by the way, you can go to any vet you want for the 48 hours that you buy that dog. That is not what a lot of people end up leaving believing because of certain ways that documents are written. So they often go to their vet. So the puppy identified was diagnosed and received treatment for anorexia, lethargy on 7/23, and despite hospitalization, the puppy failed to thrive and passed away on 7/24. Please contact our office. Now, there's a third-party insurance company. So I buy a dog. They're very helpful in the store. Everybody wants to help you. Everybody wants to sell you. Everybody wants to do anything for you. As soon as the dog gets sick, you've got to go to Pet Solutions. That's not our job anymore. Now we're going to hand you off to another carrier to take care of those bills for us. Pet Solutions, upon hearing about the death of her dog, wrote back, good morning, the reason for the denial is because Solutions was advised that your puppy ate poison. We were also advised that the puppy was not seen for this matter until about a week later and, unfortunately, the puppy passed. With a situation like this, the puppy should have been seen right away to receive care. You're more than welcome to reach out via phone if you have any additional questions. Thank you. $5,000 dog dead 13 days later. She's told that the reason her puppy died is something she did that was negligible. And you didn't take the dog to the vet right away, and it was about a week later and, unfortunately, it passed. And with a situation "like this," because this is a regular -- you know, it's just like this -- we can't help it -- should have been seen right away. You did wrong. This puppy should have been seen. So this is not our fault. I'm sorry. You're on the hook for the 5,000. You have no dog. You have vet bills. You have no dog, and October 8, 2019 Page 97 you have a $5,000 contract that you have to pay. So this is Gabrielle (sic) with her dead puppy begging the vet to give her some help so that she can possibly get her money back. And she said, when do I get the letter? But this is the thing: They're claiming it's insufficient evidence, and I would need an official letter elaborating this cause of death, which she got from their vet, and they still said no. So the vet didn't say that the dog ate poison. The vet said the dog had lethargy and anorexia. COMMISSIONER SOLIS: Can I ask you a question? MS. LAZARO: Sure. COMMISSIONER SOLIS: They, they, they. This was a letter of denial from an insurance company? MS. LAZARO: From their insurance company. COMMISSIONER SOLIS: Petland's insurance company? MS. LAZARO: Correct. COMMISSIONER SOLIS: But it's insurance company? MS. LAZARO: Right. COMMISSIONER SOLIS: So she's being denied coverage by the insurance -- I just want to make sure I understand -- MS. LAZARO: Right. COMMISSIONER SOLIS: -- the narrative here because -- so the animal died, there was a claim filed, the insurance company denied the coverage, and now she's going back and forth with the insurance company? MS. LAZARO: She's going back and forth with the vet trying to get her to help her get her money back from the insurance company. COMMISSIONER SOLIS: Okay. But it's the insurance company that we're -- MS. LAZARO: That works for Petland. It's their insurance October 8, 2019 Page 98 company. COMMISSIONER SOLIS: Okay. MR. MARQUEZ: That's a lie. CHAIRMAN McDANIEL: No. COMMISSIONER SOLIS: Okay. MS. LAZARO: It's a third-party insurance company. It's not part of their -- if I bought something that was defective, I should be able to go back to the store where I bought it and get my money back. That's what I would hope. No, go ahead. I'm sorry, Commissioner. COMMISSIONER SOLIS: Well, I'm just trying to -- because if it's an insurance company that's denied coverage, then there's an issue with the insurance company. MS. LAZARO: Right. But it's not her insurance company. COMMISSIONER SOLIS: No, it isn't her insurance company because she bought insurance, right? MS. LAZARO: No. She didn't buy the insurance. It comes with this purchase of your dog, and they're in -- COMMISSIONER SOLIS: It comes with the purchase? MS. LAZARO: They're in with Petland. They are denied multiple times. Most people are denied. It's part of the business model. It's part of the model. That's my point. I didn't say it. I'm being scrutinized for everything I'm saying. You saw a nine-page public records request. There's a reason I'm getting that. I'm sure there's going to be people coming up and trying to discredit me. I have to be careful. I have to be measured with my words. The bottom line is the insurance company is contracted by Petland, and more often than not, as of last week, a man who bought a dog that died, once he heard that he was coming to speak at Collier, all of sudden he got his money back. I can't make proof of that. I can't prove it. But the only reason I know about these people is because they come to me and say, please help me; I can't get my October 8, 2019 Page 99 money back. So that's why I have this information. Time and time again -- I understand it sounds like it's an insurance company. It's not. They're working with Petland, for Petland, however you want to say it. So I'm just going to go back to, again, the original claim that they don't buy from large-scale commercial breeders. Levi Graber is running around buying these dogs somewhere. I don't know where. And I'm going to assume that Levi Graber is shipping 200 dogs that are not coming from mom-and-pop breeders. They're just not. It's disingenuous for anyone to stand up here and say they know every single breeder and where they're getting their dogs from. Good breeders don't sell to stores. They just don't. So I have more time, and if you have any questions, I'm more than happy to speak. If not, thank you very much for your attention. CHAIRMAN McDANIEL: Thank you, Michelle -- MR. MILLER: Your next speaker is Colleen McAlister. She'll be followed by Tom Kepp. MS. McALISTER: I thought Belen Brisco was supposed to be next. MR. MILLER: I'm sorry. You're correct. Belen Brisco will be followed by Colleen McAlister. My apologies, Belen. CHAIRMAN McDANIEL: And we're going to make Mr. Kepp wait till the end. COMMISSIONER TAYLOR: Colleen? She's a great attorney. CHAIRMAN McDANIEL: Who is first? Come on. MR. MILLER: Ms. Brisco. CHAIRMAN McDANIEL: Somebody. MS. BRISCO: I was going to say good morning, but it's now good afternoon, Commissioners. My name is Belen Brisco, and I'm an animal welfare consultant and a certified animal cruelty investigator in Southwest Florida. I'm a resident of Lee County, and October 8, 2019 Page 100 I've had the privilege of working with you, Commissioners, in 2010 when we adopted the no unattended tethering. I have had the privilege of working across the state of Florida assisting with animal welfare education and legislation, most specifically writing policy and ordinances for the protection of animals and the communities. I am here in support of a ban on the retail sale of dogs and cats in Collier County. Commissioners, I understand all too well that this subject has brought about much discussion and much controversy. So I will stay away from the controversy. What I will refer to is our Florida Statute 823.15 regarding our state legislators' recognition of and a plea for remedy for regarding the uncontrolled breeding and the importation of dogs and cats in our states. It is no secret that our state has an overpopulation of pets due to the uncontrolled breeding, and as of 2013, our Florida legislators went a step further to revise the language in that statute to include the importation of dogs and cats into Florida as part of the problem. As stated, uncontrolled breeding and the importation of dogs and cats pose a risk to the well-being of dogs and cats, the health in humans and animals, and the agricultural interest of this state. The importation always results in the transmission of diseases not only to animals but to humans living in this state. The cost of this uncontrolled breeding and importation of dogs and cats to include the importation for the purposes of retail sale comes at a cost to the taxpayers, your constituents. Commissioners, as our policymakers, I ask that you say no to adding to this overpopulation of pets through the uncontrolled breeding and the transportation of these pets into our communities and, most specifically, for the sale of same. As an animal cruelty investigator, I have seen the unfortunate situations that animals are found in due to the overbreeding for the October 8, 2019 Page 101 purposes of retail sale, and it is horrific and it is cruel. My question today is to ask why we would not be adhering and working with our own state legislators who are asking us, you, the policymakers to do anything and everything feasibly possible to prohibit a furtherance of unwanted and unneeded cats and dogs in Collier County. Commissioners, this is a problem with a clear solution: Prohibit the retail sale of dogs and cats in your county. I appreciate your service to this community. As someone who has worked with policy, I can tell you policy is my expertise, working with the State of Florida and other states now when they call upon me. The one thing I do know, if you don't create an enforceable ordinance, if you don't say "we prohibit," you will not have an enforceable ordinance. Thank you. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Colleen McAlister. She will be followed by Tom Kepp. MS. McALISTER: Two things that came up earlier -- and I'm going to skip around a bit and try not to repeat things -- responsible and reputable breeders don't sell through retail outlets for two simple reasons. Number one, they usually don't have to and, number two, most of the breed associations prohibit their breeders from selling through retail outlets. The other thing that came up earlier was a question about the def -- I think from Commissioner Saunders about the definition of a puppy mill. And the definition you got was an operation that puts profits over puppies. I would suggest that nobody breeds puppies unless it's profitable. The question is: What goes by the wayside to make the profit, and how much profit is the breeder trying to make? So that's a much more fuzzy, difficult-to-determine question than putting profit over October 8, 2019 Page 102 puppies. The primary outlet for profitable mill puppies is retail stores, and the pet stores are necessary to sustain the mill industry. But this isn't just about the mill industry. Since 2009, 59 jurisdictions in Florida have passed ordinances similar to the one you're considering today, with the most recent one passed just last month. It's also about the breeding stock. There are an estimated 167,388 breeding dogs currently living in USDA licensed facilities -- commercial facilities. Breeders for the retail industry breed over 2 million puppies a year while we pay to euthanize an estimated 1.2 million dogs in our shelters. I am the mother of three breeding female rescue dogs, and not all at the same time. And I can tell you all of them came to me profoundly damaged and lived with some of that damage for the remainder of their lives. The third one, fortunately, is still with me. The proposed regulations that you are considering called the "please regulate us," I guess, regulation is what I heard earlier today, emphasizes USDA licensing and the Animal Welfare Act and documentation of recent USDA violations. The Animal Welfare Act basically sets the standards governing the care of dogs and cats in breeding facilities, and the USDA enforces that regulation and the industry. In 2010, which was the latest year I could find an accurate statistic, the USDA had 110 inspectors to inspect 8,872 facilities under its jurisdiction. And I can't imagine that the federal government has funded the USDA in that area to any larger extent now than in 2010. Under the USDA and the Animal Welfare Act, there is no limit to the number of dogs that can be on a breeding facility's premise. There's no requirement regarding the staff. CHAIRMAN McDANIEL: You're done. MS. McALISTER: Oh, dear. October 8, 2019 Page 103 CHAIRMAN McDANIEL: That was your red light. MS. McALISTER: Oh, dear. COMMISSIONER TAYLOR: I'd like -- CHAIRMAN McDANIEL: And there is a question here. Commissioner Saunders has a question for you. MS. McALISTER: Okay. COMMISSIONER SAUNDERS: You mentioned 59 jurisdictions. MS. McALISTER: Yes. COMMISSIONER SAUNDERS: How many of those are -- or what counties are included in that? Do you have a list? MS. McALISTER: I don't. I can get it for you. It's not only -- it's municipal and county jurisdictions both. So there's -- like Cape Coral is one of the recent additions, for example, which would have been a city -- you know, a municipal jurisdiction. COMMISSIONER SAUNDERS: Now, I understand in Lee County they were considering this same type of ordinance but elected not to ban retail sales. MS. McALISTER: That could be. You know, I was involved a little bit at the beginning of the Cape Coral one but not the Lee County one. COMMISSIONER SAUNDERS: The online sale, is that considered a retail sale when you -- I mean, how does that work in terms of -- I don't know if there's a storefront. I assume there's a storefront, and the puppies are shipped to that. But if you purchase a puppy online and it's shipped to a storefront, do they typically pick up the puppy right away, or does the puppy stay at that store for some period of time, or how does that generally work? MS. McALISTER: Boy, you would have to ask them that. But I think that the focus is really on banning the retail sales of dogs and cats, whether it's done in a hard storefront or a local online retail. October 8, 2019 Page 104 From the video I saw of the internet puppies, it seemed like the puppies were here. And I guess the whole purpose of this is really to talk about we have plenty of dogs in Collier County, and -- COMMISSIONER SAUNDERS: If we ban the retail sales of cats and dogs -- I went online. I was looking at different breeds of animals and just plugged in a couple, and you could find breeders all over the state, all over the country. MS. McALISTER: You do. COMMISSIONER SAUNDERS: That would -- and if you wanted to purchase a purebred through that type of a breeder, nothing we're doing here would prohibit that, I would presume. MS. McALISTER: No. And, actually, that would be the alternative to going to DAS, the Humane Society, or one of the local rescues is you can go online. You can go online. And we have very reputable breeders right here in Southwest Florida that breed, but they don't sell retail. They sell direct to the consumer or the purchaser of the dog because, A, they want to know who's buying their puppies and, B, they want to see who's buying their puppies, and they can't sell retail if they want to maintain their status among their breed association. So, yeah, that is the alternative. And I have no -- I have no bone to grind with the professional breeders. They are, in my view, for the most part, a very caring and responsible group of people. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Hi, Ms. McAlister. You were finishing up something in what you were reading. I don't know how much longer it is, but I was interested in your statistics. MS. McALISTER: You were interested in what the USDA allows? October 8, 2019 Page 105 COMMISSIONER TAYLOR: Uh-huh. MS. McALISTER: The USDA allows dogs to be kept in stacked cages with wire and mesh floors forced to relieve themselves in those stacked cages. A dog can be confined in a cage that is no larger than six inches. The length of the dog is -- it can be six inches longer than the length of the dog, not including the tail, and they can be kept in that cage for 24 hours a day. There's no exercise requirement, no human contact requirement, and females can be bred, under USDA regulations, every time they go in heat, including the first time. CHAIRMAN McDANIEL: Ms. McAlister, the question was, how much more do you have? MS. McALISTER: Oh, about a minute. CHAIRMAN McDANIEL: Less. Please. MS. McALISTER: All right. Let me say this: I looked at your -- I looked at the proposed regulation. The proposed -- our regulation that we have proposed is very straightforward, very enforceable. Any animal control officer in Collier County can go in and see it. I looked at the proposed regulation. It has -- these are what the -- some of the phrases are: If available, if known, if indicated, if possible, accurate to the best of our knowledge. If they are so certain of the quality of their breeding -- their puppies, why is it so vague? And who pays -- and that begs the question, who pays to have the kind of an animal control officer that can go into a facility and actually do that kind of an inspection? So that was the bottom line on that. CHAIRMAN McDANIEL: Thank you very much. COMMISSIONER TAYLOR: Thank you very much. MS. McALISTER: You're welcome. MR. MILLER: Your next speaker is Tom Kepp. He'll be October 8, 2019 Page 106 followed by Quinby Broitzman. MR. KEPP: Tom Kepp. I've been a -- I was on the board of directors at the Humane Society for 10 years years ago. I was on your original advisory board at the DAS, and then I left that and started my own organization. It's called SNIP Collier, spay/neuter initiative program. We've done almost 2,000 dogs in Collier County in the last six years. We go out into the most rural areas and we find them, we take them to Gulf Coast Humane Society, we have them spayed and neutered, we return them to their owners. So I know a lot about what goes on in the county. I'm out in Immokalee in the east part of the community probably at least three days a week from 6 o'clock in the morning until whenever. So I know. This is a -- this is an email that Steve Carnell and I went back and forth with in 2012. And it basically says exactly the same thing to what I'm doing -- saying now is, that ordinances are non-enforceable here. And this is actually from the County Manager with his opinion, and this is 2012 also that was written to the Board back then. I think Commissioner Fiala's the only one on the Board that is still here when I was in front of it a lot. This is -- the whole argument is regulation. Since April I have been sending you guys -- you, the County Attorney, and the County Manager reports. This one's like 60-some pages. In April I sent -- I've sent one a month since then. I don't think I've sent one this month yet, but I've got plenty. And these are all repeat offenders going back to '07. And I've been involved with them since then. And this one just -- just recently went to magistrate, and they did take her dogs, but to my knowledge, and I've called the Clerk of Courts and I've called DAS; she has yet to pay anything, so -- CHAIRMAN McDANIEL: What's the citation for, Tom? October 8, 2019 Page 107 MR. KEPP: Oh, there's 30. I don't have time to read them all. CHAIRMAN McDANIEL: No, no, no. Predominantly what -- (Simultaneous crosstalk.) MR. KEPP: Negligence, no license, breeding. I mean, I just, a -- CHAIRMAN McDANIEL: Illegal inhumane treatment of the animal. MR. KEPP: Everything, everything. I've got one in Immokalee. This was actually in a gated community here. I got one in Immokalee, 308 Delaware that I've been going to. We found parvo puppies years ago. The Humane Society took them and tried to help us then. And Kelly has pictures of them, but I can't -- but I've got pictures going back to 2015, just multiple dogs and the same problems. Here's my point. I've sent all these. I've asked all of you to call me if you wanted to talk about it. No one has, except -- that's not true. I apologize. Bill McDaniels (sic) and I have been -- now, let me say -- CHAIRMAN McDANIEL: Hours, hours. MR. KEPP: Before I run out of time -- yes, I apologize for that. Let me say one more thing: I had a discussion with the County Attorney about two months ago. MR. KLATZKOW: Multiple. MR. KEPP: And I'm sure he remembers. Multiple. And I said -- he said, what is your issue? And I said, my name's Tom Kepp. I don't care who knows where I live, 6491 Sable Ridge Lane. I said, I have four dogs. None of them are licensed. I want you to send an officer over here and cite me for all of those, and you know what I'm going to do with it? I'm going to throw it in the trash, and you can't do anything about it. And you know what? I'm still waiting for them to come over. And the point being is, because you can't. You send it October 8, 2019 Page 108 to a collection agency, and nobody pays them. CHAIRMAN McDANIEL: Thank you, Thomas. MR. KEPP: Thank you so much for listening to me. And my point is, until you get your ordinances right, you need to ban this because -- CHAIRMAN McDANIEL: It's the enforcement. MR. KEPP: -- no one can regulate it. Thank you. MR. MILLER: Your next speaker is Quinby Broitzman, and he'll be followed by Kathy Rheaume. MS. BROITZMAN: Good afternoon. Thank you for allowing all of us to speak. I am a Collier County property owner. I am in Commissioner Fiala's district. I am a taxpayer, a registered voter, as well as a small business owner in Collier County. I am also a foster mom for Naples Cat Alliance, and my master bathroom is currently a nursery to a momma cat and her six adorable kittens that I was there when they were born. They are thriving, and they're doing great. They will have current shots. They'll be spayed and neutered and microchipped by Naples Cat Alliance, which is 100 percent volunteer donation-only free-roaming no-kill shelter. And my point is, I'm a business owner. I understand about profits. I understand that businesses need to make money to thrive; however, our shelters and rescues are full. If you do want a certain breed, you can find a certain breed. Like that's, you know, a specifically -- my parents actually adopted a full-breed Pomeranian from Humane Society, so -- and it was -- we're not sure why he was there, but he was amazing, so... And I looked up the statistic, and there have been 95 euthanasias by DAS so far up till midyear. So those are 95 cats and dogs that could have found homes somewhere. We actually -- well, my dad. But we lost one of our kitties. She October 8, 2019 Page 109 got out when we were out of town, and I was -- we looked for her. We couldn't find her. DAS called and said, we think we have your kitty, and it was, like, seven weeks later. And we went back in and we're like, I don't know. And they said she's not adoptable, so she's going to be put down if you don't take her. And then we said, okay, she's ours. They're, like, she's not really yours. We're, like, she's ours. Let me sign. Let me pay the $80 that says I'm a bad owner, which I was, because one got out, and, yeah, she was with us for four years, and she was amazing. So there are so many cats and dogs around that are here that are in shelters that are being taken care of by fosters. My big thing is, why would we bring and ship in from other states, other -- you know, other counties other -- when we have so many that are here that are desperate for homes? So thank you for your time. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Cathy Rheaume. She'll be followed by Ashley Graham. MS. RHEAUME: Hello. My name is Kathy Rheaume. Thank you for hearing me. I don't have the credentials that many of the speakers have here today. I am a resident of Collier County, and I've been a volunteer at Domestic Animal Services for over six years. I'm involved in a variety of duties at the shelter, and I see the daily influx of dogs and cats. Sadly, these are often mixed-breed dogs. The last thing that Collier County needs is another pet retailer selling dogs and cats. The retail stores are selling mixed breeds, and they're being sold under the guise of being designer dogs. They're being sold for thousands of dollars to the naïve public. Historically, Petland has been notorious for selling sick animals October 8, 2019 Page 110 with genetic defects. And where do these animals wind up once they have fallen out of favor or the vet bills become a financial burden? They wind up at Domestic Animal Services or the Humane Society. I am asking Collier County to take a progressive stance seen in a number of counties and municipalities throughout the country, including the State of Florida, and asking for the sale only of American shelter dogs and cats. Thank you. And then I would like to clarify something. And I apologize. I have to read this from my phone. Earlier Mr. Bazler made a comment about Hurricane Irma. In his comment he stated DAS did not evacuate their animals. Instead they had -- I'm sorry. He made a statement -- I'm nervous -- about Hurricane Irma. He's correct, DAS did not evacuate their animals. Instead, they had numerous staff members that stayed day and night for up to 139 hours straight. This was just one staff member, and it doesn't include the other five that stayed. Volunteers assisted in staffing other pet-friendly shelters. Florida Online Puppies did not donate or assist in any way. I also want to make it clear that Domestic Animal Service does regulate rescues, sanctuaries, and organizations including humane societies, the same as breeders and pet stores. Thank you so very much. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Ashley Graham. She will be followed by Isabella Rodriguez. MS. GRAHAM: Good afternoon, Ashley Graham. I was raised in Collier County. I'm a resident, a taxpayer, and a voter. Commissioner Solis, you're my commissioner. I'm here today to ask you to support this ban. I want to tell you, I purchased a dog from a pet store, and she was very, very sick. She was sick when I picked her up, and she was coughing and sneezing October 8, 2019 Page 111 and wheezing. I took her to the pet store (sic) that is affiliated with the pet store, and he wanted to spay her at eight weeks old and did not want to give her antibiotics for her current condition. Twenty-four hours after I had purchased her from the pet store, I took her to my current vet, and she was diagnosed with advanced pneumonia. She was then given around-the-clock care for her illness. And she survived, luckily, but it was a traumatic experience for myself and for my dog. I'm sorry. When I contacted the pet store, I never wanted to seek, you know, the medical bills or anything. I wanted them to know what happened to my dog, and they told me I could return her and exchange her. They did not care about her. She was a good that could be passed through the door like a broken toy. We all know that song, how much is that dog in the window? I can tell you from personal experience, after the lifesaving medical treatment that you're going to have to pay for the dog -- I'm sorry -- once you pick her up, it's going to cost you thousands and thousands of dollars, and the one that really suffers is the dog. And the one who benefits from it is store owners like this man right here. The people here in red shirts, these people, people like them in the pet store told me my dog was fine when she had advanced pneumonia. They don't care about the dog. They don't treat the dog well. And I don't think people like this man and these people here should be able to profit from animal cruelty and treatment of these animals. I don't want dogs in my county -- I'm proud to be from Naples. I am proud to be from Collier County. Collier County is better than this. I do not want dogs in my county being treated like this, and I do not want people like him benefiting and profiting off of animal October 8, 2019 Page 112 cruelty. I ask you, please, please pass this ban. Dogs deserve better than this, and cats do, and animals. Thank you so much. COMMISSIONER SOLIS: Can I ask, did you purchase your dog in Collier County? MS. GRAHAM: I did. I actually purchased her 13 years ago from the pet store in Collier County in the Coastland Center Mall. I didn't know better. I actually walked in, and I saw her face, and I could not turn away. I know very well that if I had not purchased her -- her name was Ali. She actually died four months ago today, which makes it even harder. I know if I had not purchased her, she would have died there. She was not receiving care. Like I said, the vet -- I had to request antibiotics, and he asked me what vet school I attended. It's just -- they can say what they want, but I can tell you my dog had a terrible experience, and no dog should have that experience. And dogs -- if you do not pass this ban, dogs will suffer in Collier County. CHAIRMAN McDANIEL: Thank you. MS. GRAHAM: Thank you so much. MR. MILLER: Your next speaker is Isabella Rodriguez. She'll be followed by Kimberly Collins. CHAIRMAN McDANIEL: Call two. I don't see anybody moving. MR. MILLER: Kimberly Collins. She will be followed by Sara -- I'm having trouble reading this -- Backler, Bater. MS. BAZLER: Bazler. MR. MILLER: Bazler, I'm sorry. CHAIRMAN McDANIEL: Make sure Sara's here. Okay. All right, Ms. Sara. MR. MILLER: Kimberly Collins, please, first. MS. COLLINS: Okay. Hi. I am Kimberly Collins. I am one of the managers of the Florida Puppies Online with my husband. One October 8, 2019 Page 113 thing -- I just want to address a few things that were brought up before I start. One thing that was brought up was the transport of the dogs. We actually transport all the puppies. We pick them up in person. Nathan and his wife take care of them before they come to us. We don't use any transport companies. We don't use any middlemen with our puppies. We handle them from the moment we pick them up until the moment they go home with somebody to ensure they are cared for. And one of our employees drives them down and checks on them for food, water. They get stopped at the border of Florida, get checked by the Department of Agriculture to make sure that they are happy, health. They check inside of the van and make sure the puppies are good before they can even continue on into Florida. One point that was made by Tom was that the breeders -- there's a big issue in Collier with the breeders and the regulations. That would be Collier County's residents' alternative. We are regulated. DAS comes in and inspects us. USDA comes in and inspects us. We are the only ones in the county currently licensed that DAS comes in and inspects. They're super thorough. When we first opened, they gave us pages and pages of qualifications and requirements that we had to follow in order to open, and we far exceeded them. And we have never had a writeup with DAS. And they are -- they scrutinize us because they want to make sure that we're doing everything right. And then the issue with DAS that we didn't show up after Irma, we did. My husband and I loaded up our van with every ounce of supplies that we could. We showed up at DAS, offered all of it to them. You know, we left for the hurricane because we made sure all of our puppies left. We came back, loaded up our van with everything we had, offered it to them. They did take it. They said October 8, 2019 Page 114 they needed all of our travel crates for their cats because they didn't have a way to transport them. Humane Society did show up with a giant van to take their dogs, and the news showed up, and they pushed us aside and acted like we had never been there. I could dig up the tax receipt for all of the stuff that we've donated probably. So we were there, but when the Humane Society showed up, they acted as if we'd never been there. And we don't operate off of impulse buys, which is one point that was made. We are by appointment only, and we ask many questions to the people calling to make an appointment to come see our puppies before they come to ensure that they aren't impulse buying. And if something happens and it doesn't work out, we do work with our customers to take them back and help them find a new home. Elderly people buy from us often, and we don't want them to be burdened with a puppy that ends up being more than they could handle. So we do try to provide that extra service for them. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Sara Bazler. She'll be followed by Alicia Yancik. MS. BAZLER: My name is Sara Bazler. My husband and I are the owners of Florida Puppies Online. I want to talk to you about a few misconceptions about our business. Last night at the community Humane Society informational meeting, a lady stated, the main difference between a shelter or a rescue and a pet store is that a shelter or a rescue gives preventative medication, blood work, vet checks, dewormings, and spay and neuter their dogs before allowing them to be adopted. She also stated that a pet store would never do any of those things because they lose profits. A pet store would rather just let the dogs die in a backroom. October 8, 2019 Page 115 We, Florida Puppies Online, follow our vet's protocol by also giving preventative medications, we have to keep the puppies up to date on vaccinations, our vet has weekly visits with our puppies. They are dewormed. They all have a current health certificate from our licensed vet. We also encourage our customers to spay and neuter their puppies at an appropriate age. We spend thousands of dollars weekly on routine vet care, and we would be more than happy to provide you guys with those bills from our vet. People also have a misunderstanding and have been misinformed about our puppies and -- our business and our love for puppies. We, too, are concerned for animal health, wellness, and well-being, just like the shelters or rescues and the activists are. We are an appointment-based pet store to attract only the serious buyers and to give families time to select their new and perfect family member. Ninety percent of our customers come into our store to purchase our puppies. Per DAS and USDA regulations, there is already a paper trail from what breeders the puppies come from, how long they are in our care, and what customers purchase our puppies. You can trace the puppy back from where they came from to their current owners. We would be more than happy to have a roundtable discussion with the Collier County Commissioners, DAS, and the Naples Humane Society to get a better understanding of all of our businesses and how we can all operate in a free market of Collier County. MR. MILLER: Your next speaker is Alicia Yancik. She'll be followed by Rose Ahne. CHAIRMAN McDANIEL: Hand on, Alicia. Make sure Rose Ahne's here. (No response.) MR. MILLER: Rose Ahne? October 8, 2019 Page 116 (No response.) CHAIRMAN McDANIEL: Next one. Troy? MR. MILLER: Pardon me. CHAIRMAN McDANIEL: Next one. MR. MILLER: Jennifer Hobgood. Jennifer Hobgood. CHAIRMAN McDANIEL: Jennifer is here. And if your name is called and you're outside or you're on the fifth floor or something, we're not going to -- we're not going to disqualify you. And there was one lady somewhere that came to see me at the break who ceded her time but wasn't here to raise her hand, and she would like to three minutes. So did she get to you? MR. MILLER: Yes. CHAIRMAN McDANIEL: Were you here? One of the ladies? Okay. MR. MILLER: I had called her name and counted those three minutes in the previous speakers. CHAIRMAN McDANIEL: We did? We did let her have the -- MR. MILLER: Those three minutes were allocated. We waived the fifth-floor rule. CHAIRMAN McDANIEL: So you can't have your three minutes back. Please proceed, Alicia. MS. YANCIK: Thank you. My name is Alicia Yancik. I'm a resident and business owner in South Naples in Commissioner -- excuse me -- Commissioner Fiala's district. I know you're all my commissioners, but I'm in Commissioner Fiala's district. CHAIRMAN McDANIEL: Thanks for that. MS. YANCIK: When this was originally presented on September 24th, the issue was preceded on the agenda by a humanitarian issue, the Wounded Warriors, another issue regarding October 8, 2019 Page 117 humane treatment to which you all pledged your support and said, essentially, Collier County must do better. Yes. Yes, same with this. Being the elected officials you are, you are here not just because of your intelligence and capabilities, but also because of your heart, compassion but, most importantly, your abilities with respect to discernment. Allowing Petland or any pet store that sells dogs or cats of any age here as a retail product is an absolute slap in the face to the multitude of rescues, shelters, and animal-welfare organizations in Collier County. I'm not talking about pet supply stores like PetSmart, PetCo, and Pet Supermarket who all welcome these groups to bring cats and dogs in for adoption to their patrons. I have direct personal experience with all of the animal-welfare organizations in Collier County. They are here for the animals. They have absolutely given their entire lives to animals in need. They serve of their own free will. They are here in this building today of their own independent, uninfluenced free will. Maybe before this issue of banning the retail sales of animals came in front of you, you didn't know about puppy mills. And my phone just ran down here. Sorry. I have to stay with the phone so I stay on track. Maybe you didn't know about puppy mills, pet stores who use puppy mills, the checkboxes that tell you what is and what is not a reputable breeder. Maybe you didn't know about all of the good -- all the work that animal-welfare groups in Collier do for the community and other groups and communities in this state. Picking up animals who have been injured or abandoned, spay/neuter, assistant with their pet's -- excuse me, assistance with their pet's medical care in part or in full. This is just scratching the surface with non-declawed paws, I might add. This is just scratching October 8, 2019 Page 118 the surface. If you didn't already know, now you do. When you know better, you must do better. Please do better. Petland's business practices are no secret. Simple web searches don't always tell the whole story, but they provide demonstrated on-the-record proof that allow you to investigate further. Violations in just Fort Myers made the news last year when a truckful of puppies in deplorable conditions was intercepted by county animal services, one mere example. Again, you, no doubt, have done your research, Commissioners, and know about this and the crazy long list of horrors. So let me say this: Every single Petland store is a reflection of every other Petland store. The appearance of impropriety is damning. It's not just a Petland problem. Please support the ban now. And I had a phone conversation with Florida Puppies Online last month. It was a pleasant conversation. CHAIRMAN McDANIEL: Your bell has rung. MS. YANCIK: Okay. I'm sorry. I just want to say -- CHAIRMAN McDANIEL: You're done. You are done. MS. YANCIK: The burden is avoidable. CHAIRMAN McDANIEL: You've made your point. MS. YANCIK: Thank you so much. MR. MILLER: Your next speaker is Jennifer Hobgood. I have a slip ceding time to Jennifer from -- I'm having a real problem here. Charlie? MS. HOBGOOD: Charlie Macbeth. MR. MILLER: Macbeth. Is he present? MS. HOBGOOD: No, she had to leave earlier before -- MR. MILLER: All right. You will have three minutes. You will be followed by Patricia Holley. MS. HOBGOOD: Sure. No problem. Hi. My name is Jen Hobgood. I am senior director of state October 8, 2019 Page 119 legislation for the ASPCA, and I'm here representing the ASPCA and our members and supporters in Collier County. In case there was any confusion earlier from a former ASPCA employee, I speak for the ASPCA; he does not. And I just wanted to make that clear, because there were a lot of names thrown out during his testimony earlier, Mr. Sayers. So what I wanted to first do is thank you for considering this important humane measure before you today. A retail sales ban is the best thing that Collier County can do to prevent puppy mill cruelty from being a part of your community and from bringing disease into your community with the CDC outbreak of Campylobacter that others have spoken about. Puppy mill cruelty is not something that Collier can nor should regulate, put simply. Retail puppy selling stores and the out-of-state puppy mills that supply them, it's a bad business, and bad business is bad for business in Collier County. The retail puppy selling business uses -- and this is one example -- predatory financing practices like lease contracts that make dogs into collateral. Unsuspecting consumers, as you've seen from other testimonies, find themselves saddled with debt for a dog in these lease contracts that they don't even own until the end of the lease term. Years of paying -- when they sign a lease contract, they're signing -- at a tablet with this cute little puppy and their children in the store, and they sign on the tablet, and they've signed a lease sometimes from these retail puppy selling stores, and they won't own the dog until the end of that lease term. Even if the dog gets sick, runs away, dies, they're on the hook for that dog under these lease -- contracts, and that's why earlier this year Florida lawmakers filed four bills to ban the practice, and already Senator Taddeo has filed Senate Bill 186 that would ban the practice of pet leasing that's tied to this industry. It's just one more October 8, 2019 Page 120 example of how this is a business you cannot regulate. They're going to find ways to make money and profit off of these animals. When you hear Naples Humane Society, when you hear all these people that live in your county wearing blue T-shirts and not, you know, paid by a corporation to be here, they're saying, keep this out of our community. I'd like to draw your attention to one example from a nearby county: Hillsborough County code states that retail pet shops cannot sell dogs and cats if they have sourced them from breeders with direct violations, certain types of violations. ASPCA has uncovered through records and we've communicated this to Hillsborough just in -- from March 2019 through June 2019th, a retail -- 2019 a retail puppy selling store in Tampa selling those puppies apparently in complete defiance of that law. It cannot be enforced. You can't regulate animal cruelty. It's just wrong. And I hope you will choose to do what Lake County, Indian River County, Seminole County have done and ban the practice. MR. MILLER: Your next speaker is Patricia Holley. She'll be followed by Nancy Dolan. CHAIRMAN McDANIEL: Ma'am? Ma'am? Ma'am? MS. HOBGOOD: Sorry. CHAIRMAN McDANIEL: Please come back. COMMISSIONER FIALA: Troy, how many speakers do we have left? MR. MILLER: Twenty. MS. HOBGOOD: Yes, sir. COMMISSIONER TAYLOR: If you could just quickly speak to the number of counties that have banned this. MS. HOBGOOD: So there are lists online. There are almost 70 local governments in Florida that have passed a ban on the retail sale October 8, 2019 Page 121 of dogs and cats. The counties include Indian River, Seminole, Lake -- I think there's at least five others. Jenna with the Humane Society may have a more complete list by the time she's called up, but 70 local governments have, and there's been legislation filed. We've had to fend off attempts by the retail pet-sales industry for three years in Florida and across the country to try and preempt your home-rule authority to pass bans just like the one before you today. So I hope you'll take action to protect the citizens and the pets. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Thank you. MS. HOBGOOD: Thank you. MR. MILLER: Your next speaker is Patricia Holley. She'll be followed by Nancy Dolan. CHAIRMAN McDANIEL: I don't see that Nancy's moving. MR. MILLER: Nancy Dolan? (No response.) MR. MILLER: Bette Ellenberger (sic). CHAIRMAN McDANIEL: Who's that? MR. MILLER: Bette Ellenberger. Ms. Holley, if you will. MS. HOLLEY: Yes, good afternoon. I'm going to read you a letter. My name is Patricia Holley. I'm going to read you a letter that we received from an ex-Petland employee. She wrote, I was an employee at two of the South Florida Petland locations for five years. I am writing because I feel I need to come forward. As a previous employee, it definitely scares me to share my truth, because I have seen others sued for doing just that. I would be more than happy to speak to any of you on the phone to confirm my testimony. I know that anonymous or not speaking for myself may not have the same impact as my being there personally, but I am a young student with no money, and for a defense attorney, October 8, 2019 Page 122 even though truth is a defense, I cannot afford the high cost of litigations against a powerful company like Petland. I hope you will take my warnings into consideration. Though I cannot speak for others, it is my belief they are not only my experiences but all too common working in Petland. When I was 23 years old, I worked at the Davie and Pembroke Pine Petland locations, which Luis Marquez already stated are his stores. Even though I saw sick puppies, I hoped that I could help in some way by caring or being the voice of the dogs and finding them a home. In November of 2017, working at Petland Davie, I contracted Campylobacter and was notified by the Center for Disease Control about a week after being taken to the emergency room, which Luis had said, none of his stores ever had it. Having Campylobacter was the worst 10 days of my life. Stomach pain so much I could not drink water, could not work or leave my house. I had to use the bathroom nonstop and couldn't eat anything. I found out a dog in the store tested positive for Campylobacter. I was the manager at the time and asked for reimbursement of my hospital bill and was told it would be offered. Luckily, my own insurance covered most of it, but I had to cover the copay and medicines out of my own pocket. Adding insult to injury, I was working for a little more than $26,000 a year while I was selling puppies who sold for up to $12,000. After five years I can honestly say the two reasons I quit were that I could no longer sell sick puppies to unsuspecting customers and having Campylobacter. If I believe it's serious enough, I took it upon myself to call October 8, 2019 Page 123 veterinarians we worked with on days that were closed to see the dogs. I have some people -- I know some people may judge me for working there, but I still do believe I did good. I was able to help more puppies than I believed I would have. I am now a student studying special education, but I still often worry about the puppies and who is now helping them. Now, just in that letter there are two discrepancies of what Luis said. What else is he not saying that's -- you know, that he's saying that isn't true? And -- thank you. CHAIRMAN McDANIEL: Yes, ma'am. MR. MILLER: Your next speaker is Bette Ellenberger. She'll be followed by Michelle Messina. CHAIRMAN McDANIEL: Is Michelle here? MR. MILLER: Michelle. CHAIRMAN McDANIEL: I'll let you go when -- MS. ELENBERG: That's okay. MR. MILLER: I'm being told she's in the hallway, sir -- we'll give her -- CHAIRMAN McDANIEL: A second or two. Go ahead and call another name. MR. MILLER: Jenna Jensen. I know Ms. Jensen's here. CHAIRMAN McDANIEL: Okay. Jenna Jensen. MS. JENSEN: I'm here. CHAIRMAN McDANIEL: Okay. Come on up to this podium, please. MR. MILLER: Go ahead, Ms. Ellenberger. MS. ELLENBOGEN: Good afternoon. My name is Bette Ellenbogen. CHAIRMAN McDANIEL: How do you do, Bette? MS. ELLENBOGEN: It's probably my handwriting. October 8, 2019 Page 124 CHAIRMAN McDANIEL: Yeah, and Troy and I have issues with reading. MS. ELLENBOGEN: It's okay. I have issues with writing. I just want to say, I am a full-time resident of Collier County. I am a taxpayer. I'm a homeowner and a voter. I believe, Commissioner Solis, I'm in your district. And I just want to say very briefly, very strongly that I strongly support the ban on the sale of dogs and cats. These are living things. They are not commodities. I am not interested in buying a car. I am interested in rescuing, and it doesn't have to be a puppy. I don't have puppies. I am a senior citizen, so I adopt older animals and, unfortunately, I think what happens often is people go in on a whim. They'll go into a pet store, and they'll see this adorable puppy or adorable kitten, and somehow they end up home without realizing the cost involved, the time involved that it takes to make sure these animals, not these commodities, these living beings are going to be well taken care of. So I just want to make that point that -- and I want to refute something that was said before about the Humane Society. Again, I'm a senior citizen. I have no problem going to the Humane Society and adopting. I have adopted on different occasions, two dogs and a cat. And I think if somebody had a problem with an adoption from the Humane Society or DAS, I'm not sure, those organizations want to make sure those animals are going to a home where they will be loved and cared for the rest of their lives. It's not just let's get a dog or a puppy for a few months. It's for the rest of that animal's life. They're not commodities. They are living beings. So I thank you for your time. Obviously, you've got the gist of me saying I fully support the ban on the sale of dogs and cats. Thank you. MR. MILLER: Your next speaker is Jenna Jensen. She's been October 8, 2019 Page 125 ceded additional time from Maria Rotunda and from Heather Carr for a total of nine minutes, and she will be followed by Jeanne Jain. Jeanne Jain. CHAIRMAN McDANIEL: One second. MR. MILLER: She's here. Okay. If you'll come to the other podium. CHAIRMAN McDANIEL: Jeanne Jain -- well, halfway through. You've got nine minutes, so you don't have to come up and here and stand. So come on. Please. MS. JENSEN: Good afternoon, Commissioners. My name is Jenna Jensen. I'm here on behalf of the Humane Society of the United States and our members and supporters here in Collier County. It is well documented that pet store puppies get their dogs from inhumane commercial breeding facilities that treat dogs as breeding machines and puppies as products. Even if they wanted to get their dogs from responsible breeders, they would not be able to because responsible breeders do not sell to pet stores. They would never hand a puppy over to a truck driver to be shipped to a faraway pet store. We reviewed the codes of ethics for the national dog breeds clubs and found that of the 178 dog breed clubs, 96 percent of those clubs include statements that their breeders should not and/or do not sell to pet stores. I provided an example on the presentation. The Clumber Spaniel Club of America, in their code of ethics, states, a breeder shall never engage in wholesaling to pet shops or other commercial establishments or own, work for, endorse, or have any involvement with any persons associated with any commercial breeding enterprise. How do I change the slide? October 8, 2019 Page 126 MR. MILLER: Oh, just the space bar, keyboard. MS. JENSEN: Oh, which is? MR. MILLER: Slide drawer. MS. JENSEN: Thank you. So we've heard a lot today about the USDA, and pet stores claim how their dogs come from USDA licensed breeders; however, a USDA license does not guarantee a humane breeder. The USDA itself states that it does not certify establishments and that a license is not a seal of approval. We've kind of gone through the standards of care that are allowed under the Animal Welfare Act, but they are abysmal survival standards. A dog can live his or her entire life in a cramped, stacked wire cage with little to no exercise, veterinary care, or socialization. And what was mentioned earlier is females can be bred as early and as often as possible until they are spent, at which point they are just discarded like trash. Again, these are all legal under the Animal Welfare Act. And not only are the standards under the Animal Welfare Act abysmal and shockingly low, but the enforcement of this federal law is lacking. The USDA audited itself, and its own Office of Inspector General found that inspectors were regularly ignoring horrific suffering, and they were allowing facilities to continue to operate despite repeat violations of the Animal Welfare Act. Additionally, the Washington Post has covered the lack of enforcement by the USDA. Citations have plummeted by 65 percent. Enforcement cases have declined by 92 percent. In the month of August last year, the USDA did not issue a single warning, complaint, or penalty to the 10,000 or so facilities that it regulates. Not one. And this isn't because these breeders are being compliant. This is because the USDA is treating regulated entities more so as partners October 8, 2019 Page 127 than as potential offenders. They're working more closely with alleged violators than taking enforcement actions. And to top it all off, the USDA is now redacting information on inspection reports. So we -- when we come up here and talk about regulating the source of dogs in pet stores, this is what you're dealing with. You're dealing with problematic standards, problematic enforcement, and no transparency. So I don't know how you're going to regulate the source of dogs in pet stores. And here is an example of that. On the left you have a USDA inspection report prior to the redactions. You can see the USDA licensed facility, you can see the license number, and the violations. On the right is how we look at inspection reports now. If you do a records request, this is what you get, a bunch of black ink. I don't even know if that -- that breeder can be compliant, and I have no idea because I can't see the body of that inspection report. So no transparency. You and I are left in the dark. Law enforcement's in the dark. A consumer who wants to add a new family member to their family can't tell whether or not that dog was raised in humane or inhumane conditions. And it was already mentioned earlier, or excuse me, where Petland gets their dogs, so I'm going to focus a little bit about the other pet store in this county. And this is all information based on state documents and documents from the USDA. Little Puppies Online, they are an Internet broker. They sell a lot of puppies via their website. They ship them all over the country, puppies that is, but they mostly come from their breeding facility in Ohio. As you can see based on the business information to your right, Little Puppies Online is in Naples, and then their breeding facility's at the bottom in Ohio. And Little Puppies Online was listed in our Horrible Hundred puppy mill report in 2017. Here's an example of Little Puppies Online in Ohio selling to October 8, 2019 Page 128 Florida Puppies Online in Naples. Little Puppies Online, like I'd mentioned, was in our Horrible Hundred Report in 2017 for violations by the USDA. Some of these violations include -- well, in 2019, we had a dog that was in an enclosure without adequate space. We talked about how dogs only are required to have six inches larger than their bodies. So to not provide adequate space is mind blowing. And then you have another dog who doesn't even have six inches of required head room; six inches. Another dog who doesn't have the proper identification. And then it was mentioned earlier by Florida Puppies Online that they would never source their dogs from unlicensed breeders. I have two reports showing that they have purchased their dogs from unlicensed breeders. These are unregulated and uninspected breeders. Twenty certificates from unlicensed breeders in 2017; 18 breeders that were not licensed, in 2016, that they purchased their dogs from. And that is documentation. That is proof. And then in 2016 they received a direct violation, which is the worst kind of violation you can get, for keeping puppies in overfilled enclosures. And that does conclude my presentation. I do have three more minutes. We -- I'll cover, I guess, Petland for a little bit. We have done, I think, seven undercover investigations of Petland in six states. All of those seven locations were different locations, yet every Petland that we went undercover in was the same exact story. Sick and dying dogs. Dogs that were returned to the seller. Petland's quote, every dog finds a home. Some didn't even -- they were returned to the seller because they had holes in their throats, or they didn't want to pay for the veterinary care. There were pets in the freezer; dozens of pets in the freezer. And so, you know, we've done this numerous times. We investigated Petland back in 2008. The story is the same every single October 8, 2019 Page 129 time. And we've received 1,300 complaints from consumers who've purchased dogs from Petland; many of these are from the locations here in Florida. I'll just read a few of these to you. One of them we received from the Petland Plantation store in 2018, and this consumer purchased a dog that had kennel cough, had tapeworms, and was diagnosed with Campylobacter. The woman also had to take out a loan of $8,500, plus her dog went blind after, I think, about a year. And we have -- the list of complaints goes on and on. We have dogs diagnosed with pneumonia. Dogs diagnosed with gastrointestinal infections. Dogs with Giardia. Dogs with kennel cough. Dogs with lethargy. The list goes on and on. So I'll kind of leave it there, and if you guys have any questions for me, I'd love to address them. CHAIRMAN McDANIEL: Thank you. MR. MILLER: You next speaker is Jeanne Jain. She will be followed by Erika Ferrari. CHAIRMAN McDANIEL: Hang on, Jeanne. Is Erika here? MR. MILLER: Yes, she's here. MS. JAIN: Good afternoon, and thank you for the opportunity -- CHAIRMAN McDANIEL: That mic's adjustable. You don't have to stand on your tiptoes. Bring it down. There you go. MS. JAIN: Good afternoon, and thank you for the opportunity to speak. The states of Maryland and California have pet sale bans in place, and a similar law is on the governor's desk for her signature in Maine. Connecticut, Pennsylvania, and Wisconsin are also considering bans. In addition, at least 310 municipalities around the United States have passed similar bans, including many in Florida, as was October 8, 2019 Page 130 previously stated. This is not about one pet store. Puppy mills are all about profit. A shop owner may or may not be aware the out-of-state breeders he is buying from is a puppy mill. This happened recently when a Lee County pet store had unknowingly purchased puppies from a USDA licensed breeder that did, indeed, turn out to be a puppy mill in Missouri. If a pet store owner himself doesn't know he has purchased from a puppy mill, how would any layman know he's purchasing a puppy that came from a puppy mill? The shop owner may think that a breeder licensed by the USDA equates to a breeder not being a puppy mill and a breeder that ensures the humane care and treatment of the animals. That could not be further from the truth. The Animal Welfare Act standards for care are minimal and are not effectively endorsed by the USDA. One local Petland owner stated, quote, the best pups from USDA licensed and inspected kennels, unquote. Humane societies, animal welfare groups, and even Petland support improved standards of care for all pets. The very basic Animal Welfare Act regulations regarding the care and handling of dogs and cats are woefully inadequate and need to be strengthened. Until that happens, stating your pets are being purchased from a USDA licensed and inspected facility does not guarantee you are purchasing well-cared-for, healthy pets. The USDA and the puppy mill industry aren't doing enough to address and shut down the bad apples. Anyone has a choice to go personally to a reputable breeder for a specific breed of dog if that's what they want. No one should object to a ban on the sale of companion animals in stores when approximately 1.5 million dogs and cats are killed every year in the October 8, 2019 Page 131 United States because shelters are full. Only adoptable dogs and cats from rescues or shelters should be offered at pet stores, period. Thank you. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Erika Ferrari. She will be followed by -- forgive me here -- Harleigh. Last name starts with a K. Kehoe? She is here. Ms. Erika. MS. FERRARI: Good afternoon. My name is Erika Ferrari. I'm a full-time resident of Collier County. I'm a homeowner, I'm an attorney, and now I volunteer with the Naples Cat Alliance. Why? Because there are thousands and thousands of cats who are dying on our streets. They're starving. We feed them. We take them to the vet. They're spayed or neuter, vaccinated, and they're chipped. So we do all that because of the generosity of some people that donate money. I support this ban wholeheartedly, and I hope you do, too, to end cruelty, to prevent further cruelty in this community. Why go and compete with someone that gets paid handsomely, I can see? With us, we get donations only, but that's not the point. They can have their job. But you know what, we support lives. We support those cats. We support them over profits. We need to stop this profit-driven society when it comes to animals, at least that much. So give rescue a chance. We have already more than 300 cats that need adoption. We don't need this cute, special kind of cat they may want. Let them rescue us. They can find us. And you know what, regulate -- you can have regulations, but where are the enforcement mechanisms for it? Unfortunately, that is the difficulty. There is no way to really enforce it. There is no money. When they try to enforce it, they October 8, 2019 Page 132 don't do it. So please, I beg you, support these poor animals that already are out there ready to be adopted. Thank you for your time. MR. MILLER: Your next speaker is Harleigh -- is it Kahoe? MS. KEHOE: Kehoe. MR. MILLER: Kehoe. She will be followed by Connie Chalmers. MS. KEHOE: Connie Chalmers has already ceded her speaking. MR. MILLER: Okay. I don't have her ceding here. April Hooner (sic). MS. HOOVER: Hoover. MR. MILLER: Hoover. Okay. You'll be next. MS. KEHOE: Hello. I'm Harleigh Kehoe. I am a constituent of Commissioner Solis, and I live and vote in Collier County. I would like to draw your attention to the fact that when we came this morning we were unable to get into this room because it was packed with people who were not residents of Collier County whose decision -- your decision on this issue will not impact because they don't live here. We live here, we care, and we do not want the retail sale of cats and dogs in this county. We base our decision on the worry of public health and also animal welfare. We want Collier County to be a humane county, and that decision and result will be up to you. Please listen to your constituents, to those of us who live here, and grant us the ban against retail sales of cats and dogs in stores. Thank you. MR. MILLER: Your next speaker is April Hoover. She'll be followed by Carla Melendez. Carla. MS. HOOVER: Hi. October 8, 2019 Page 133 MR. MILLER: Hold on just a moment, ma'am. Carla Melendez? (No response.) MR. MILLER: Melanie Mercurio? Melanie Mercurio? (No response.) MR. MILLER: Wow. Bill Schuyler? (No response.) MR. MILLER: Melanie, if you'll wait at the other podium. CHAIRMAN McDANIEL: Or you can wait there. MR. MILLER: Or you can wait there. Thank you. Ms. Hoover, please. MS. HOOVER: Yes, hi. I was going to read off my phone, but it's died. It's been a long day. I'm just going to speak from the heart. I live in Lee County, right over the line off Bonita Beach Road, but I work in Naples, and I sell real estate, luxury real estate, and Naples is known for many things, like being number one for health, happiness, well-being, and wealth, of course. And I'd rather not be known as importing animal cruelty. My husband and I have adopted several rescue pets over the last 25, 30 years. Usually they're mostly abused and/or neglected. And I would like to point out that there were some comments made earlier about the Humane Society and other rescue groups. These people work for the love of animals. They give their time. I am tired of seeing constant begging and pleading via emails and social media, help, surrender, this one's going to be put down tomorrow. I mean, why would we encourage more breeding and sales of pets in an already overpopulated pet, you know -- you know, pets are overpopulated. We need to control the pet population. I just would like for you to support the ban. Thank you very much. MR. MILLER: Your next speaker is Melanie Mercurio. She'll October 8, 2019 Page 134 be followed by Bill Schuyler. CHAIRMAN McDANIEL: One second, Mel. MR. MILLER: Bill Schuyler? CHAIRMAN McDANIEL: Forgive me. I have a friend named Melanie, so I went Mel. MR. MILLER: I have a sheet with only a first name. Travis? (No response.) MR. MILLER: Okay. Caron McDonald? (No response.) MR. MILLER: Caron McDonald? (No response.) MR. MILLER: Well, Mr. Chairman, if Ms. McDonald -- are you Ms. McDonald? MS. McDONALD: Yes. MR. MILLER: Thank you. Melanie Mercurio. MS. MERCURIO: My name is Melanie Mercurio. I'm a native to Naples, Florida, member of Naples Board of Realtors. I work with our residents and voters every day. Many people who have purchased a Petland or Florida Puppies Online puppy are afraid to speak today because these stores have their buyers sign a disclosure threatening to sue them if they speak the truth. A 501(c)3 group called Golden Retriever Rescue of Southwest rescued one of Nathan's dogs after it needed $6,000 in surgery. The buyer couldn't afford it, and our residents were left to pay and donate the money to save its life. A lot of the topics have been brought up today, but one that hasn't is there are many animal advocates in this county. I'm proud to call them my friends and say we put a stop to greyhound racing. Ringling retired their elephants in the circus, and we will end the retail sale of dogs if we have to protest every single weekend. It's October 8, 2019 Page 135 nothing we haven't already done. Protests will create an eyesore to our beautiful county. Anyone can say that they're reputable and show a video running through a field with puppies, but the truth is in the complaints and the comments by their own consumers who now have a dead puppy and traumatized children. Nathan's store is open by appointment only, so how can DAS regulate it? By making an appointment that they can prepare for? Luis said he can't compete with large companies like PetCo, but they're not the only comparable businesses. I gave you all a list of privately-owned smaller pet stores that are in Collier County and making a lot of money last year. I would advise them to maybe have a meeting with them and evolve their business plan. If puppy stores (sic) are 90 percent of your business, it's time to evolve. It's obvious that the people were transported in from somewhere else, and I would like to apologize to Penny Taylor for the way that she has been addressed today. It's not the standard of Collier County. Thank you. MR. MILLER: Mr. Chairman, pending the names that we've called and aren't present, Karen McDonald is your final speaker. MS. DesORMEAU: My name was never called. I've been here since 9:00, and I gave you my paper. MR. MILLER: Will you come up, please, ma'am. Ms. McDonald. MS. McDONALD: Yes. I'm nervous. More or less, I'm saying what everyone else has said. We don't need any pet stores selling pets. I think about all of the rescues that we have here, fosters, we have so many dogs that are waiting to be adopted, and we don't need to add to the overpopulation. And that's it. CHAIRMAN McDANIEL: Thank you very much. Did you get it sorted out, Troy? October 8, 2019 Page 136 MR. MILLER: I haven't had time to run through these looking for this woman's name, but I have seen this woman here all day, so I would say she's probably submitted a slip. CHAIRMAN McDANIEL: Probably has. Just fill it out. Commissioner Solis, did you have a question for one of the speakers or just ready to speak? COMMISSIONER SOLIS: Staff. CHAIRMAN McDANIEL: We're going to close the public hearing here in a minute. MR. MILLER: Go ahead, miss. MS. DesORMEAU: Okay. No special status. I'm just a homeowner of almost 50 years here. And I do have rescue dogs myself. I do have one that came from a puppy mill that is -- CHAIRMAN McDANIEL: What is your name, again? MS. DesORMEAU: Tammy DesOrmeau. CHAIRMAN McDANIEL: Thank you, Tammy. MS. DesORMEAU: The dog's feet kind of go in like this because it was on chicken wire for so long. It was a worker dog. They also took his mandible so that he couldn't fight. It was a pretty bad situation. But, anyway, the reason why I'm here is because Petland says their pets make life better, and after all the research I've done, I see that, factually, it makes people sick. The financial strains, the medical bills, and then, of course, there's the heartache of, you know, your pet dying on you or getting sick. Now, when I hear an employed Petland veterinarian get in on a class-action lawsuit, that's a real big eyeopener. That's another reason I would certainly want Petland to not be here in Collier. Hearing of a 16-year-old employee getting the disease that we've heard about so much today as an employee, I certainly wouldn't want Petland here. And then, of course, there's the people that we've heard October 8, 2019 Page 137 have been sick and the drug-resistant antibiotics, things like that. But I definitely would say no to any business that has so many consumers, so many employee complaints, investigations, lawsuits, and also class-action lawsuits. That would certainly be a reason for Petland to not be here. They were here in the late '80s, Petland was. Why are -- can I -- I don't know why they weren't here anymore. I would like to know. No one's brought that up today. But they were in the Towne Centre in the late '80s. Anyway, I have dogs that run around in my neighborhood now. If I pick one up, I take it to DAS. I give it time, you know, five days for someone to come for it. Usually they don't, and then we have another dog in my house. I want that to have to stop. I work hard enough for these dogs to have a better life as it is. I don't know. I didn't have anything prepared, but -- CHAIRMAN McDANIEL: You did well. MS. DesORMEAU: -- they're not welcome. CHAIRMAN McDANIEL: Your point's made. MS. DesORMEAU: Okay. CHAIRMAN McDANIEL: Thank you. MS. DesORMEAU: Well, thank you. CHAIRMAN McDANIEL: Yes, ma'am. So with that, we're going to close the public hearing. I believe we've heard from all of the registered speakers in one form or format, so we're done. COMMISSIONER SOLIS: Was it a hearing? CHAIRMAN McDANIEL: No, but -- well, it wasn't a public hearing. We're done with the public speakers. How about that? Thank you for correcting me. COMMISSIONER SOLIS: No, I just want to make sure I knew October 8, 2019 Page 138 what I was dealing with. COMMISSIONER FIALA: He's an attorney. CHAIRMAN McDANIEL: Yes, he is. He has to make sure that I am technically correct. All right. Commissioner Fiala, your light's up first. COMMISSIONER FIALA: Yeah. My question is really simple. As I've listened to everybody -- and it's just one little simple question. And I've heard people saying as almost it's a bad thing because they sell the dogs or how much it costs the people or how much they've spent for an animal and so forth, but always at a pet store. Do they not have to pay for anything when they get it from DAS or from the Humane Society? Are those free to them as adoptions? CHAIRMAN McDANIEL: How about DAS, since we're not going to bring Humane Society up here. MR. OCHS: I'll ask our DAS director, Ms. Andrade, to come up. COMMISSIONER FIALA: Yeah. I don't know. They might be. I have no idea. COMMISSIONER SOLIS: Those are some of my questions. I mean, if an animal -- MS. ANDRADE: Hi. Darcy Andrade, director of Domestic Animal Services. To answer your question, we actually are very, very proactive in trying to find creative ways to -- people come and adopt from us. So we do have established fees for our adoptions. They're very minimal. Basically, we -- our senior dogs and cats are $20 to adopt, our kittens are $60 to adopt, and our dogs are $60 to adopt. CHAIRMAN McDANIEL: But there is a fee? MS. ANDRADE: There is a fee. But we waive fees quite often depending on population. October 8, 2019 Page 139 CHAIRMAN McDANIEL: I understand. COMMISSIONER FIALA: Thank you. That's what I wanted to know. CHAIRMAN McDANIEL: Thank you, Darcy. COMMISSIONER SOLIS: Hold on a second, Darcy, because -- and I have some similar questions. So, I mean, if a dog is adopted from DAS and it has health issues, what do we do about it? MS. ANDRADE: If an animal has health issues adopted from us, we do have a veterinarian on staff who will examine the animals and treat them appropriately. We also offer three days of free pet insurance from anybody who adopts from us as well. So there's a couple different options for potential pet adopters of animals with health issues. COMMISSIONER SOLIS: But, I mean -- but if somebody adopts a dog and takes it home and then it becomes ill, is there a return policy that we have? I mean, I'm just trying to -- I'm trying to understand both sides of the issue. MS. ANDRADE: Well, our goal, hopefully, is they don't want to return the animal and that we can actually treat the animal. So we'll work with the adopter to try to treat the animal for whatever illness it may have. COMMISSIONER SOLIS: And we absorb the cost for that? MS. ANDRADE: We have animal care -- we have the Animal Care Trust Fund that can help with that. But we also -- once again, we do offer free pet insurance for people who sign up for that as well. That's covered. COMMISSIONER SOLIS: But this -- and I guess another question is, does the lemon law apply to an adopted animal? MS. ANDRADE: Shelter animals are exempt from that. There are certain things -- somebody adopts an animal and wants to return it to us, they are welcome to do so. If they want to return it to us within October 8, 2019 Page 140 30 days, we will honor that -- we'll take the animal back. COMMISSIONER SOLIS: Okay. So we do take them back? MS. ANDRADE: Yeah. And if they want to adopt a like-type animal, we'll allow them to do that at no charge. COMMISSIONER SOLIS: Okay. That's all -- that's the only question I had for Darcy. I mean, I do have a question, if -- I'd like to hear from our public health expert, Ms. Stephanie Vick. I mean, if -- I'd like to understand how much of a public-health crisis this Campylobacter is. I mean, this is -- this is, for me, one of -- maybe the -- one of the biggest issues. I mean, is this something that we have to really be concerned with? I mean, how much of a threat is it? Have we never had it in Collier County? I'd like to get an idea -- an understanding of how serious this is, because -- and I say that because I know that there are other kind of animals that you can have as pets that also communicate diseases. I mean, birds, reptiles. There's lots of different animals that do this, and I'd like to understand from your perspective as our public-health official how much of a threat is this. MS. VICK: Good afternoon, Commissioners. I'm Stephanie Vick. I'm the health officer and administrator for the Florida Department of Health in Collier County. And I brought with me this afternoon also Muhammad Abbasi, who's our director of communicable diseases control and prevention. So some of the statistics he'll be able to go over with you in this. But Campylobacter is one of many diseases -- reportable diseases that we track in Collier County. Last year we had 79 cases, so... COMMISSIONER SOLIS: In Collier County? MS. VICK: In Collier County, 2018. COMMISSIONER SOLIS: Okay. And -- MS. VICK: However -- COMMISSIONER SOLIS: Okay. October 8, 2019 Page 141 MS. VICK: And I'm sure anybody that is here could go onto the CDC website and look up Campylobacter and find out that there are many different ways to get Campylobacter other than through pets and through animals. You can get it through food that you eat. And usually it comes from the intestinal tract of the animal. You could be eating chicken and mishandled the way you prepared the chicken or undercooked it, and you can get Campylobacter. So it's not just a pet issue, but you can get it from pets, too. And the people that are testifying today are correct that that is also a risk. But I'm going to let Muhammad talk to you a little bit about the different diseases, the incidence, and then if you have more questions we can answer. COMMISSIONER SOLIS: Okay. Thank you. CHAIRMAN McDANIEL: Before you go away, Steph, Commissioner Saunders, did you have a question for her? MS. VICK: Yes. COMMISSIONER SAUNDERS: Were any of those cases antibiotic resistant, or are they just your standard? MS. VICK: I'm going to let them talk, okay? CHAIRMAN McDANIEL: Standard. MR. ABBASI: Good afternoon. My name is Muhammad Abbasi. I'm with the Florida Department of Health in Collier County. So talk a little bit about the Campylobacter. It's one of the reportable conditions in Florida. We have close to 100 reportable conditions. And Campylobacter last year was one of the top 10 reportable diseases in Collier County. As Stephanie mentioned, there were 79 cases. And as she mentioned, there are multiple risk factors. It could be eating raw, undercooked poultry, contaminated water, unpasteurized milk, and also if you're exposed to feces of the October 8, 2019 Page 142 animals. So of the 79 cases last year, 47 percent of the cases reported some contact with animals, but we cannot link specifically any cause in any of the cases. And I'm not -- I don't think any of the cases were antibiotic resistant. CHAIRMAN McDANIEL: Very good. Thank you, sir. MR. ABBASI: Thank you. MS. VICK: Anything else? CHAIRMAN McDANIEL: Checking. COMMISSIONER SOLIS: If -- I don't know how to even ask the question. I mean, is this something that we need to plan for as a community, you know, in general? Is it something that if we were going to allow the retail sale of animals that we would have to do something different because of that? I'm trying to get an -- and maybe these are unfair questions, but -- CHAIRMAN McDANIEL: That's not an unfair question. COMMISSIONER SOLIS: I'm just trying to understand what -- MS. VICK: There's really -- COMMISSIONER SOLIS: -- how important this is in the overall public-health picture. MS. VICK: Yeah. There's no way for us to predict, if you open a store like Petland, what impact that would have on the community as far as Campylobacter is concerned. COMMISSIONER SOLIS: Okay. MS. VICK: I have no idea what their hygiene practices are in the store -- COMMISSIONER SOLIS: Sure. MS. VICK: -- what their incidence is. It would be something, though, that would become very apparent if it opened and our cases went up and we were tracking it and, you know, we could link the cases back to the store. October 8, 2019 Page 143 COMMISSIONER SOLIS: Right. MS. VICK: But ahead of time, there's no way to tell, just no way. COMMISSIONER SOLIS: Okay. And those are difficult questions, but I appreciate your candor. Again, I'm just trying to -- I really want to understand how -- how this is going to affect public health or how could it -- it could affect the public health in Collier County. MS. VICK: Yes. COMMISSIONER SOLIS: Thank you. MS. VICK: You're welcome. Thank you. CHAIRMAN McDANIEL: Now everybody leans up to the podium. COMMISSIONER TAYLOR: Chairman, I believe that your aide, your executive aide, has tabulated the emails, and I'd like to know what that tabulation is, please. CHAIRMAN McDANIEL: Plus-or-minus 520, plus-or-minus. You've got the numbers right here. And there were 441 for and -- for imposition of the ban and 98 in opposition of the ban. I'm saying those that are pro-Petland. COMMISSIONER TAYLOR: So 441 want the ban? CHAIRMAN McDANIEL: Correct. COMMISSIONER TAYLOR: Of the emails that we've all received? They were sent to all of us. CHAIRMAN McDANIEL: Well, I don't know whether they all were received. Those are what I received. COMMISSIONER TAYLOR: Okay. Okay. And then I counted today -- and I know you were tabulating. I think we all were. I counted 55 folks speaking on behalf of the ban and 15 -- 5, 10, 15, 20 against but then we had all these people that are employees of Petland, so we know where they stand. October 8, 2019 Page 144 I am very persuaded to ask for the ban. In conversation with staff before this meeting, it's my understanding that our Domestic Animal Services would support the ban. I don't think we can regulate this; I really don't. And I have very clear images in my mind of some breeding dogs that I have seen trying to be adopted at my vet. I think this doesn't prohibit people from buying purebred dogs, which is pretty much what a pet store retail business does. So we're not prohibiting that. What we're saying is we just don't want it as retail. So I would like to make a motion that we uphold a ban of the retail sale of animals in Collier County. CHAIRMAN McDANIEL: Okay. COMMISSIONER FIALA: Even the ones at the DAS and the Humane Society? COMMISSIONER TAYLOR: No, ma'am. COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: There's been a motion for -- and that was not me. My pen's broken. COMMISSIONER TAYLOR: It sounds like you were correcting her. CHAIRMAN McDANIEL: I'm sorry. COMMISSIONER FIALA: I did, too. CHAIRMAN McDANIEL: I've been a little dictatorial today, so forgive me. There's been a motion to uphold the ban for retail sale of pets. Is there a second? COMMISSIONER SAUNDERS: Before we get to that point, I'd like to make a quick comment. CHAIRMAN McDANIEL: Well, we can -- okay. We want to -- COMMISSIONER SAUNDERS: I just want to -- I'm not sure October 8, 2019 Page 145 how I'm going to vote on this. It's one of those things where I've flip-flopped in my head about 25 times. So I'm going to listen to what other commissioners have to say. But I do want to make it clear on the record whatever vote I do have, it has nothing to do with the number of petitions one way or the other. It has nothing to do with the number of speakers. It has nothing to do with the number of emails pro or con. So I just want that -- from my own personal statement, that that's not how I make decisions. CHAIRMAN McDANIEL: Nor do I, and I thank you for that. I mean, I -- well, I certainly listened to the constituency. COMMISSIONER SAUNDERS: You have to listen, but you don't count them. CHAIRMAN McDANIEL: I am here -- and I want to say this today, and I've already said this once. But this is an enormously emotional, highly politicized subject matter, and I don't think there is a person either watching on that TV or in this room that is happy with puppy mills or thinks they should be tolerated at all. I don't think there's a person in this room that would advocate for the ill or inhumane treatment of an animal ever. That's not why we're here today. So it's really, really important. I want to compliment everyone short of a -- short of a few people -- Mr. Kepp, he left already -- that were misbehaviors. But for the most part everybody was quite civil and respectful with regard to allowing for -- even when -- even when people were called out personally, you allowed for that to transpire. Right, wrong, or indifferent, it's important. Because as Commissioner Solis pointed out, this isn't a formal -- this is a hearing where we're going to make a decision today but I wanted to compliment folks for that. You keep hitting your button down there. COMMISSIONER SAUNDERS: Yeah, I'm still listening. October 8, 2019 Page 146 CHAIRMAN McDANIEL: Okay. I'm done. And it's Commissioner Fiala's turn. COMMISSIONER FIALA: I agree with you. I agree with Commissioner Saunders, too. It's kind of hard to decide what you want to do, but I have this thing in my head about government overreach. It just bothers me that we're stepping in and telling people what business they can and cannot have. I think if we're wanting to regulate something, we should clear up the bad problems. But we shouldn't be regulating who can come and who can't. So that's really weighing heavily on me. CHAIRMAN McDANIEL: Commissioner Solis, you lit up but -- COMMISSIONER SOLIS: Yeah. One of the things -- I'm sorry. CHAIRMAN McDANIEL: No, don't. It's okay. COMMISSIONER SOLIS: I mean, we -- we heard a lot today about the Campylobacter and puppies, and at the end I think we had a couple of speakers about cats. And so is the motion -- is the motion to ban the sale of dogs and cats? Is it just dogs? I mean -- COMMISSIONER TAYLOR: The retail sale of animals in the pet store. COMMISSIONER SOLIS: Of animals? Because that's a whole different thing. Because there are pet stores that sell reptiles, birds. COMMISSIONER TAYLOR: Dogs and cats. COMMISSIONER SOLIS: Dogs and cats? CHAIRMAN McDANIEL: Stay on the microphone. COMMISSIONER TAYLOR: I'm sorry. I'm sorry. I'm sorry. And the reason that I feel so clear on this, you know, I -- look, it's my experience as a human being and my experience in my life of living on a farm and my experience of understanding how different people treat animals depending on who they really are. And there's a October 8, 2019 Page 147 huge difference in an organization that sells puppies from a breeder retail versus an organization that takes in animals and makes decisions that it's a no-kill shelter or that they're going to change the way they do business in Collier County and try to save as many dogs and cats as they can without putting them down. There was a seat change in Collier County 10 years ago, eight years with DAS where they -- the people in Collier County said, enough of euthanasia. What are we doing? And they've made these systemic changes to keep these animals alive and adopted to the point where they work with other organizations like Humane Society. I feel that -- very strongly that it's really a -- it's really a level of awareness and what your goals are. And if your goals are understanding that they're -- this animal needs to be treated in a humane way, then you do that, and it's not -- it's not conflicted with a goal of making $5,000 a puppy. Now I understand why they're in that business, because we heard from someone said, well, if -- they wouldn't be in the pet business if they didn't make money. I mean, that is money. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: A question for the County Attorney. If we do impose a ban as proposed in the motion, we have one existing business that's an online sales, and we have a proposed business that has already, I believe, leased space or begun to work out the leasehold improvements. Does that put us into any kind of a taking situation or a liability situation? MR. KLATZKOW: I've given you a proposed ordinance that has already survived traditional challenge. That proposed ordinance would put both those businesses out of the business. I included a grandfathers clause because I do know we have an existing business in the county, and just in case there was any existing inventory, you want them to have the ability to wind it down. October 8, 2019 Page 148 COMMISSIONER SAUNDERS: So there would be a time to wind the business down? MR. KLATZKOW: Wind the business down, yeah. I gave it six months because after six months it's no longer a puppy, you know. But whether or not the Board wants to grandfather the existing business that's in town is up to the Board, not grandfather it. It's up to the Board. CHAIRMAN McDANIEL: Commissioner -- MR. KLATZKOW: I'd have to advertise it, so this is coming back. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER TAYLOR: Oh, it is coming back? MR. KLATZKOW: This -- COMMISSIONER SOLIS: This is just direction. MR. KLATZKOW: This is just direction. CHAIRMAN McDANIEL: Correct, in support of a ban or not. COMMISSIONER SOLIS: Well -- CHAIRMAN McDANIEL: And a motion -- COMMISSIONER SOLIS: This is a really difficult issue. I mean, I'm a dog lover. I've had labs all my life, and mine died probably 10 years ago, and I'm still in mourning for Opie, Opie. My sister's actually Aunt Bee, just so you know. But, anyway, if bad breeders are the problem, then we need to do something about bad breeders. We don't have anyone selling -- well, other than the one Puppies Online, I guess, that's selling online, but we had a list -- a big stack of complaints of existing breeders. I thought that's what Mr. Kepp was saying is that he's been following this for years, and there are -- I'm assuming he was referring to bad breeders already. So my point is that if we want to address bad breeders, we should address bad breeders. I don't know that banning -- banning a October 8, 2019 Page 149 business gets to the heart of the problem, because if there's a problem already and we don't have that business, it's already a problem. We need to address the problem, not something that may or may not indirectly affect it. You know, we've heard all sorts of testimony on both sides. Everything's great. Everything's bad. I was concerned about the public-health issue and the public-safety issue. I was surprised, you know, that there's been 79 cases in Collier County. I mean, that's was a surprise to me. I just think we're -- we're not going to get at the issue -- if there are bad breeders in Collier County now, and that's all we can deal with, then we ought to get after that. CHAIRMAN McDANIEL: As a point of clarification. I know lights are going up here, but I just want to make it clear. It's not just the breeders in Collier County. It's the importation -- COMMISSIONER SOLIS: I understand. CHAIRMAN McDANIEL: -- of the puppy mills and from all over the country, and with the rationale as to whether the ban would effectuate that or not. COMMISSIONER TAYLOR: And it's illegal. It's illegal to breed in your house without a license. I can even show (sic) you can do that. CHAIRMAN McDANIEL: That was what Mr. Kepp was speaking about. COMMISSIONER TAYLOR: So he's talking about knowing and being sort of grassroots on the ground for so long and understanding where these trouble spots are, and I know where a couple are. CHAIRMAN McDANIEL: That one particular case -- COMMISSIONER SOLIS: Right, that's what I'm saying. But that's a problem. October 8, 2019 Page 150 COMMISSIONER TAYLOR: But there's also a problem of a business that, in today, documented and was quite proud of the fact that they use a particular breeder only to find out of the problems with that breeder, which is that Blue Ribbon breeding facility, and then to have it backed up with documentation of the problems in that facility. So it's really -- it becomes Collier County's problem if we allow -- if we continue to allow the retail sale of pets. But if we stop that and if we say no, we are starting to close that business down on the supplier end, and so we start contributing to the welfare of animals by saying no. It's a small way, but it's -- we can do this, and it will make a difference. It's kind of like the -- what is it? And help me with this. It's sort of the wave that keeps building as it goes across the sea. CHAIRMAN McDANIEL: I understand. Commissioner Saunders? COMMISSIONER SAUNDERS: Not too long ago we were somewhat criticized in the Naples Daily News for taking a long time to make a decision. We were dealing with the PACE program, and we were dealing with short-term rentals, and that kept coming back and coming back. And I think in both of those we ultimately made the right decision. This is going to be the same thing. Whatever we do today, this is coming back. We're going to have a long slog through this issue. I'm going to second the motion, and the reason I'm going to second the motion is because I want this to come back. We're going to hear more discussion. If this motion passes, then both entities are on notice that we may very well ban the retail sale of puppies and cats in Collier County. If the motion fails then, of course, we're not going to be banning it. Either way this has to come back. It has to come back with an October 8, 2019 Page 151 ordinance to regulate or ordinance to ban. I don't think it's possible to regulate, quite frankly. I came to that same conclusion when we were dealing with the PACE program. I was a proponent of the PACE program but came to the conclusion that residential PACE couldn't be regulated. I'm getting to the same conclusion on this as well, so I'm going to second the motion. This will come back one way or the other. If the motion passes, it will come back with a proposed ban. That doesn't mean we ban, but it means that we will have an ordinance to consider that. So I'll second the motion. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Commissioner Fiala? COMMISSIONER FIALA: It makes me think that we're trying to kill a mosquito with a sledgehammer, though. I think there are other ways to come to a conclusion where somebody who has a couple little kids and really wants a tiny puppy or a furry little, you know, something, and they can't find it in a shelter, they can still go out and buy one. Yes, maybe it isn't the kind that everyone wants right now, but they have very good points. We regulate that, too, so that, you know, you can make sure that the shops that we have here are something that we can be proud of. I don't think you should just go to stopping everything. COMMISSIONER SAUNDERS: Well, just in reference to that, this does not stop anybody from going online and buying from a hobby breeder or from any other breeder anywhere in the country, basically. CHAIRMAN McDANIEL: Commissioner Saunders, I -- and I understand what you're doing, but, you know -- you know, we do get chastised -- we could make a decision here, and we could make a decision to not ban. We could direct staff to bring back an enforcement of a regulation. October 8, 2019 Page 152 One of the issues that Mr. Kepp didn't really have an opportunity to share with -- and I'll give a brief description of that stack of papers and the hours that I spent on the phone with him, was a woman who was breeding illegally at her home, had the dog -- the female chained to the front porch while it was nursing puppies, and she was cited. And then she didn't do anything about it and sold the puppies, rebred the female again, and when she came back and was drug in front of the magistrate to be prosecuted, she gave up the mother and another set of puppies because she had bred her again. And there was no -- there was no teeth in the enforcement aspect of what ordinances we, in fact, have right now. So -- and I concur with Commissioner Fiala. I don't think the ban takes us where we need to go. I don't think the ban is the actual answer for our community. I think engaging with the not-for-profits, the people that are on the ground all day every day dealing with the animal rights -- or the animal's rights and then putting teeth into Darcy's enforcement officers to be able to actually physically prosecute people -- and you can't say no -- you can, obviously, disagree, Commissioner Taylor. But the circumstance is not the ban. It's the enforcement. COMMISSIONER TAYLOR: Can I respond to that? CHAIRMAN McDANIEL: We're going to debate it, I'm sure. I just don't agree with the ban. COMMISSIONER SAUNDERS: Let me just suggest that -- CHAIRMAN McDANIEL: Your light's up. COMMISSIONER SAUNDERS: If there's a hobby breeder, as you've described, that's violating state and local law, we do have code enforcement that should have been out there, so that's a separate issue. CHAIRMAN McDANIEL: I don't disagree. COMMISSIONER SAUNDERS: We need to get at that as October 8, 2019 Page 153 well, but that's a separate issue. CHAIRMAN McDANIEL: And that's where I think engaging with the community, the not-for-profits, the Humane Society -- I'm not looking to take verbatim that that was supplied to us by the Petland folks as the ordinance to be all, end all Collier County. I'm looking to engage with the community and bring back an ordinance that has teeth and provides for protection for the rights of the animals, not the ban, so... COMMISSIONER FIALA: And what we're not doing right now: Fix it. CHAIRMAN McDANIEL: Well -- and that's where -- COMMISSIONER FIALA: I mean, if they say, well, the rules don't apply and people get away with it, well, fix it. I mean, we have the power to do that. COMMISSIONER TAYLOR: But the power we have to fix it isn't -- doesn't -- the power we have to fix it is to say -- is to ban it because what we're trying to fix doesn't exist as far as we know in Collier County. Where it exists are the states in the Midwest. They mentioned the Indiana and Ohio. I believe Arkansas was one of the states. That's where these massive breeding facilities are. COMMISSIONER FIALA: Okay. So then we can stop them from coming in. Any dogs from so and so and this and this and that you can't bring into our state. COMMISSIONER TAYLOR: No, because it would -- because the state is different. We just have to start with Collier County and hopefully, hopefully, other communities such as Cape Coral, which is a neighbor, and maybe Lee County will move towards it eventually. We'll adopt the same ban which says that that -- that avenue to sell dogs is now closed. And given -- you know, given the testimony today, I'm -- from fairly reputable organizations, I'm fairly -- I am convinced that it's October 8, 2019 Page 154 accurate. And as I've said before from this dais, I've actually seen these breeding dogs, the mothers, at local vets being -- you know, being fostered and being held because they can't be alone because of what they've gone through. So I know the stress that these things cause. I've seen it. CHAIRMAN McDANIEL: Well, my contention is the ban doesn't stop that. The ban doesn't stop that. COMMISSIONER TAYLOR: But it's -- CHAIRMAN McDANIEL: You're not punishing bad actors by the ban. You're actually punishing good actors. Someone like that who has an opportunity to do something good for the community. (Applause.) COMMISSIONER TAYLOR: It depends -- CHAIRMAN McDANIEL: I'm going to ask -- even though you kind of clapped for me, but some of you didn't -- I see you with your thumb down. I'm going to ask for silence from the audience. This is our debate and our vote. Whether you agree or disagree, you can see which way this wind's blowing up here. Okay. Please. COMMISSIONER TAYLOR: I'm not sure that it doesn't affect bad actors, and what it does is, if we -- you know, Collier County -- we love Collier County, and it's our home, but there are other places to go. There's other kinds of businesses to be created. And I'm not so sure that banning the retail sale of pets does anything bad. In fact, I think what it does is put Collier County as one of the 70 jurisdictions in the United States of America that are coming to the realization that we can't condone and participate in this inhumane way of marketing animals. CHAIRMAN McDANIEL: You're certainly entitled to your opinion. I do not concur. COMMISSIONER SAUNDERS: Mr. Chairman, is anybody else speaking? October 8, 2019 Page 155 CHAIRMAN McDANIEL: Let's do a vote. COMMISSIONER SAUNDERS: Whatever we do, this is not our final decision. But I'd like to go ahead and call for the vote, unless there's further discussion. CHAIRMAN McDANIEL: It's been moved and seconded that we enforce a ban or direct staff to create a ban to -- or create a ban that will eliminate the retail sale of puppies and kittens. Did I repeat that well enough? COMMISSIONER TAYLOR: That will prohibit or uphold a ban. CHAIRMAN McDANIEL: Yes. It's been moved and seconded. All in favor, aye? COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: All opposed, same sign, same sound. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. It's 3-2 the motion fails. Now -- COMMISSIONER SAUNDERS: Motion to regulate, then, would be the -- CHAIRMAN McDANIEL: That was going to be what I was going to do, but you go ahead. COMMISSIONER SAUNDERS: No, no. You go ahead. CHAIRMAN McDANIEL: I'd like to give direction to staff to engage with community leaders, specifically the Humane Society; I've been talking to them at length. Mr. Kepp, I've been talking to him at length. I'd like both of the retail pet store folks to be involved in the process and to bring back some specific regulations to allow us October 8, 2019 Page 156 to eliminate the inhumane treatment of animals in our community. MR. KLATZKOW: Well, we already have that in your DAS ordinance, to be blunt. And you have the full ability of what the state gives you to do. If what you want to do is to regulate this business somehow, that I would suggest you send to your advisory board to come back after hearings. CHAIRMAN McDANIEL: One of the things, Mr. Klatzkow, that I've got an issue with is the lack of enforcement that's going on with the bad actors right now. MR. KLATZKOW: You have enforcement. The problem is -- and I've had multiple conversations with Mr. Kepp. The problem is you've got people who have no assets who are doing this. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: So we take them to the magistrate. They'll get fined. They have no money to pay the fine. They have no home for us that we can foreclose on, all right. So it's a monetary fine. So there's only so many things we can do. We could file $300 to get them into county court for a $100 fine, but that doesn't really make much sense. I don't know what you can do, because this is a noncriminal offense. And I understand that there's an issue there. CHAIRMAN McDANIEL: Maybe we need to enhance the penalization processes in some form or format. MR. KLATZKOW: But the penalty is money for people who have no money. CHAIRMAN McDANIEL: I understand that. COMMISSIONER TAYLOR: State law prohibits. It preempts us from doing any more than we're doing. COMMISSIONER FIALA: Maybe -- MR. KLATZKOW: What I'm saying is that we are doing everything we can do, all right. But at the end of the day, unless the October 8, 2019 Page 157 State's going to make these criminal matters, all right, I don't know what else there is. COMMISSIONER FIALA: Are there -- CHAIRMAN McDANIEL: It's already been -- we're not hearing from the public, Tom. We're not hearing from the public at this stage, okay. It's -- I've disallowed everybody else who's raised their hands, so you're certainly not coming up. The issue at hand is the capacity for our DAS, our law enforcement agency that actually regulates this, to put a bite on the bad actors, the inhumane treatment of an animal in some form or format greater than that that we're already doing. MR. KLATZKOW: And your advisory board can hear that and come back with a report. My question to you is, do you want the advisory board to look at -- assuming you have a retail store, what they -- any sort of regulation on that retail store (sic) of pets? CHAIRMAN McDANIEL: Absolutely. MR. KLATZKOW: Okay. CHAIRMAN McDANIEL: And Commissioner Solis and Commissioner Fiala have other comments here as well, so... COMMISSIONER SOLIS: Well, that's where I was going. I mean, if the issue is we're going to have retail sales and the folks that are wanting to engage in that are saying that they're playing way aboveboard, then we need to hold them to that. And so I think we probably can come up with some changes to whatever the regulation is to make sure that they live up to what they said they're going to do and that -- I mean, why couldn't we -- they have money, right? I mean, the people that have no money, no way for us to enforce things against them, that's one thing. But we're here today, and we spent five hours talking about a retail operation from a company that has multiple stores and the online folks. We should be able to put some teeth into the ordinance that October 8, 2019 Page 158 would affect them and to hold their feet to the fire to make sure that what they've said they're going to do they're going to live up to in Collier County. CHAIRMAN McDANIEL: There is a proposed ordinance that Commissioner Saunders and I have seen that has been brought forward by the folks that would help regulate the retail side of things. But I actually also know there are other issues that are going on with the enforcement against those that are treating animals inhumanely, and I'd like to see that enhanced as well. So -- well, I'll amend my motion to bring back a resolution to enhance the regulation of the retail sales that we currently have. MR. KLATZKOW: Are you directing staff to work with the advisory board to come back with a proposed ordinance for the Board? CHAIRMAN McDANIEL: Why doesn't he make the motion? MR. KLATZKOW: I'm trying to get clarity, sir -- that's all I'm trying to get -- for what the Board wants. CHAIRMAN McDANIEL: Yes. Work with the advisory board and bring back a resolution to -- I don't know how much more clear that I could be with regard to the regulation of the retail industry. COMMISSIONER FIALA: And that could extend to other things. Like, for instance, if they see that the shipments come from Ohio -- they were mentioning Ohio a lot -- then don't accept any pet shipments from Ohio, and try to eliminate that problem altogether. Maybe there are other -- CHAIRMAN McDANIEL: Please hold folks. Hold folks. COMMISSIONER FIALA: -- things that they could brainstorm about. I just don't know. But I think we can't just make that decision right here. CHAIRMAN McDANIEL: You okay? COMMISSIONER FIALA: I think they need some meetings, October 8, 2019 Page 159 whether it be to have a workshop or something like that. COMMISSIONER SOLIS: I'll second the motion. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: I think the question is whether or not to go back to the advisory board, or do you just want staff to do it. CHAIRMAN McDANIEL: Well, no. I want engagement with the advisory board, at which point the community has an opportunity to put input, both the retailers, both the non-retailers, the Humane Society, the not-for-profits -- MR. KLATZKOW: You want this sausage-making to be done with the advisory board rather than having to come back here for another eight-hour hearing? CHAIRMAN McDANIEL: They're all going to come back again and try to tell us why we ought to do something else, so we're okay with that. COMMISSIONER SAUNDERS: Mr. Chairman, on the motion, just to give staff some information. We were provided quite a bit of information from Petland concerning the quality of their breeder, and so whatever ordinance we have, I want to make sure that we insist that Petland or other retail markets have these types of things and that there's some teeth in these types of things. That will get to the breeders to some extent. COMMISSIONER TAYLOR: But also I'd like to understand the budget requirements that need to be made so that the DAS can hire more people, because if we're going after breeders and if we're going to do -- so we need to have a clear estimate about how many more people need to be hired with a budget amendment. CHAIRMAN McDANIEL: All right. That's a good idea. In some form or fashion we know that there's expense associated with this. Did I -- Commissioner Saunders, did I skip you? COMMISSIONER SAUNDERS: No, I'm just taking a walk. October 8, 2019 Page 160 COMMISSIONER TAYLOR: Taking a walk. CHAIRMAN McDANIEL: He's just taking a walk. Commissioner Fiala, do you have anything else to say? COMMISSIONER FIALA: No. CHAIRMAN McDANIEL: All right. It's been moved and seconded that we reach out to the advisory committee and develop an ordinance to further regulate the retail sales, and I also want the provision of enhancement of the punishment on the bad actors. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN McDANIEL: 4-1. MR. OCHS: Would you like to take a break, Mr. Chairman, for the court reporter. CHAIRMAN McDANIEL: Yeah, it's probably -- our poor court reporter's typing like there's no tomorrow. We'll be back at 3:10. (A brief recess was had from 2:59 p.m. to 3:11 p.m.) CHAIRMAN McDANIEL: Sorry, Leo. I know you were heading off in another direction. We need to get this moving. I'm past -- I'm one minute past the stated 3:10. Item #11E THE SELECTION COMMITTEE'S RANKING AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH DAVIDSON ENGINEERING, INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES NO. 19-7650, “GOLDEN GATE GOLF COURSE REDEVELOPMENT PLANNING AND October 8, 2019 Page 161 ENGINEERING." MOTION TO APPROVE W/CHANGES - APPROVED; MOTION FOR STAFF TO BRING BACK AN RFP FOR THE DESIGN QUALIFICATIONS AND REQUISITES - APPROVED; MOTION TO SOLICIT AN RFP FOR INTERIM OPERATIONS – APPROVED MR. OCHS: Commissioners, we're moving to Item 11E. This was the item that Commissioner Fiala had requested be heard as close to 1:30 as possible. So how we doing so far, Commissioner? COMMISSIONER FIALA: Pretty close. CHAIRMAN McDANIEL: 1:30 or so. MR. OCHS: You did say 1:30 in the afternoon, right, ma'am? Okay. 11E is a recommendation to approve the selection committee's ranking and authorize staff to enter into contract negotiations with Davidson Engineering related to requests for professional services for the Golden Gate Estates Golf Course redevelopment planning and engineering project. Mr. Geoff Willig from the County Manager's Office is here to make the presentation or answer questions from the Board. I understand we do have speakers as well, Mr. Chairman. MR. MILLER: Yes. I've got about 23 speakers. COMMISSIONER FIALA: There's not 23 people here. MR. MILLER: The ceding-time people all signed up on one sheet, so it's difficult for me to count this way. CHAIRMAN McDANIEL: Okay. We'll go through them as best as we can. MR. WILLIG: All right. Good afternoon, Commissioners. It's hopefully a pretty simple item. This is just to approve the selection committee's ranking of the form -- four firms and give us direction to go ahead and start negotiations with those firms. But we figured we'd also take this time October 8, 2019 Page 162 ahead of the negotiations to get some guidance from you guys on what you would like to see or not see on the golf course. That would help us with the negotiations and kind of refine our scope. So if you have any direction of things that you would like to see happen to the golf course property or things that you don't want to see, I'd love to hear that. CHAIRMAN McDANIEL: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I know we have a bunch of speakers, and I'm not sure if everyone's going to need to speak on this particular item. But let me tell you kind of where I'm thinking we are looking to go. I started off being opposed to golf, and there were four of us on this commission that voted against a public golf course. Commissioner Fiala has been steadfastly supportive of that. But I was supportive of, and the Board accepted the recommendation to acquire the golf course, and then we would sit back and figure out what we wanted to do with that property. So to the benefit of this commission, we purchased that golf course, and now we have those options. This -- just so you know, this is part of a process to really engage in some renewal in that Golden Gate City community. We purchased the water/sewer system, which was a major thing. CHAIRMAN McDANIEL: Amazing. COMMISSIONER SAUNDERS: We're engaging and we created an Economic Development Zone to help make improvements in the commercial areas. We're looking at some zoning overlays. We're really making some -- I think, some major headway in helping to improve the quality of life in that whole community. So now we're back on the golf course. And I've done a lot of research over the last 90 days on different possibilities of how we could actually have a golf course out there, a public golf course October 8, 2019 Page 163 where the county doesn't have to spend any money. And, of course, you know, that doesn't sound possible, but we have a way to do that. There are estimates that to turn this into a really first-class golf course at this point there would have to be a capital investment of somewhere between 3 to 5 million dollars. And we also recognize that municipal golf courses don't tend to make money. They tend to lose money. That's pretty generally known. And so what I think we may be able to come up with is a way that we basically engage in a triple-net lease where we have an operator operate the golf course where there's no responsibility of the county in terms of any losses; that the county doesn't have to put up the 3 to 5 million dollars to turn this golf course into something that would be people -- something that people would be very proud of, but in order to do that, we have to have some commercial component with that. And so the purpose of this particular request for proposals is to have an engineering firm that has experience dealing with golf courses to help us design a golf course there along a couple tracts that would be used for commercial purposes. So, for example, one of the things I've been very much interested in is a veterans nursing home, and we have a great location for that. We have $30 million in the sales-tax referendum for that. We have land. We have a great story to tell. We have over 20,000 veterans in Collier County, and we need that type of facility. There's a great location right on Golden Gate Parkway and 951 where that would fit. CHAIRMAN McDANIEL: I think we're meeting with the veterans association next week. COMMISSIONER SAUNDERS: We are definitely doing that in Washington to move that item along. We're also meeting with the folks in Tallahassee to do the same thing. October 8, 2019 Page 164 We're looking at the possibility of some essential-personnel housing. We have a not-for-profit that's offered up a substantial amount of money to build a not -- an essential person -- essential-personnel type of facility, greatly reduced rents. We have land there where we could do that. This would be property that would be deed restricted for certain types of employees: Nurses, firefighters, schoolteachers, people that are considered to be essential public-service providers, something that would fit greatly in that community. And then we have the opportunity along with this golf course to have a commercial operation where the manager of the golf course would manage the commercial operation that would provide for entertainment, it would provide food service, all of which is auxiliary to a golf course. You generally have food operations. You have -- sometimes you'll have -- you know, you'll have a driving range. You'll have those types of facilities associated with the golf course. The purpose of this RFP to have an engineering firm help us lay out what this configuration could look like for all of these uses. I know there's a lot of interest in having an 18-hole golf course. I'm not interested in an 18-hole golf course, personally, because we can't do other things. We can't get an operator that would operate it at no risk to the county. So this was something that this engineer would -- engineering firm would look at, but I've mentioned this to the community that we may be looking at a 12-hole golf course, which sounds a little strange, but the PGA and other professional golf associations are indicating that this is really the wave of the future. Millennials, for example, don't like playing 18 holes of golf. So if you want to play, you play 12 holes. If you want to play 18 holes, you play another six. So you get your 18 holes in, but you have a first-class quality golf course, smaller footprint, cheaper to build, a October 8, 2019 Page 165 little bit cheaper to operate. And I see people are shaking their heads, but I'm going to tell you, it's either going to be 12, in my view, or none. COMMISSIONER FIALA: Why? CHAIRMAN McDANIEL: It could be -- COMMISSIONER SAUNDERS: I've already explained why; because there's some other facilities out there that I think are important. But you cannot operate a golf course and make a profit, and the county's going to have to come up with millions of dollars to turn that into a first-class golf course, and I'm going to support doing that. I am supporting this type of an RFP where we look at some of those other uses, that we look at what I think is kind of the wave of the future in terms of golf courses anyway. So that's why I've asked for this to be on the agenda. CHAIRMAN McDANIEL: Okay. And I have two lights. Three. Commissioner Taylor. COMMISSIONER TAYLOR: Thank you, Commissioner Saunders, because you have echoed many of my -- or you have -- I echo many of your comments here. As a matter of fact, I did have a conversation with some First Tee folks last night who said, you know, 9 holes would be fine. We don't need 18 holes. So there's a lot of possibility here. Plus, not only is this facility for housing going to be essential service, it's also going to be for our seniors, and that's -- and there are substantial amounts of money being put towards this. So it is a wonderful opportunity to have, which -- it's almost like a campus. It's almost like a park with golf and with recreation and also it'll become a centerpiece in Golden Gate. It'll just enhance the property values. And I think it will be a great asset to the folks who live on this land. Great asset. October 8, 2019 Page 166 CHAIRMAN McDANIEL: Great. Commissioner Fiala. COMMISSIONER FIALA: Yes. Well, I listened, and I heard. I think that this is a piece of property that we'll never see again. It's 130 acres; 130 acres. COMMISSIONER SAUNDERS: Hundred and sixty-seven. CHAIRMAN McDANIEL: Hundred and sixty-seven. COMMISSIONER FIALA: Hundred and sixty-seven. Good. We need to have the 130 for an 18-hole golf course. That's what we need. (Applause.) CHAIRMAN McDANIEL: Gentlemen, same thing goes. COMMISSIONER FIALA: And right now we're building a lot of housing, which is great. That's just wonderful. They also have a lot of housing in Golden Gate. But they -- a golf course with 18 holes, especially when -- if it's affordable golfing for the future forever and ever, affordable. That's something we don't have. And I think we do need it. We have a well-rounded sports package right now with just about everything except municipal golf, and if we start building an 18-hole golf -- well, we're not even going to have to build it. The people that are there are going to build it for us. They're going to operate it for us, and it won't cost us any money. Now, they say it won't work because of millennials but, you know, there's a lot of old people coming in. CHAIRMAN McDANIEL: We call them people of age. COMMISSIONER FIALA: Oh, I was going to say old farts. And I think that they come here because they can't golf up north, and they love to come down here. You still see that all the time. And I think that if we build -- if we had these people who are going to build it -- I'm sorry. Can I -- this is a good idea. Just -- okay. Just listen. CHAIRMAN McDANIEL: It's okay. October 8, 2019 Page 167 COMMISSIONER FIALA: And if they build it and put it together and they say it won't cost us any money, still we'd have the -- we'd have acreage for the veterans place -- we need to do that definitely -- and see if this will work. You know what, if it doesn't work say -- for instance, five years goes out, and that's plenty of time to do everything we need to do, and if it doesn't work, we haven't lost anything. We just take a part of it and put it down to whatever we want as far as the housing goes. Meanwhile, the people who are chipping in to build the housing, because it's not going to cost us any money, all they want is our land, well, heck we've got other land. All they need is 30 acres. We can give them other land. Build that same old housing and yet not sacrifice something that we'll never have again, folks. We'll never have again. CHAIRMAN McDANIEL: Point well made. Commissioner Solis. COMMISSIONER SOLIS: I've been probably one of the staunchest opponents to running it as a golf course, but I think this is a fantastic idea to go out and have a firm see if they can design something that makes sense and we can do a little bit of everything that we need. So if Commissioner Saunders was making a motion, I would probably very vociferously second that motion. COMMISSIONER SAUNDERS: Well, I was going to make the motion. There's a couple of little aspects of this that I want to add. COMMISSIONER SOLIS: I would want to say one other thing as well. Whatever the agreement would be -- because I'm very skeptical that it's not going to cost us something. I'm just -- COMMISSIONER FIALA: We can always find out. COMMISSIONER SOLIS: I'm very skeptical that at some point it's not going to cost the county something. But if it does not work October 8, 2019 Page 168 out, I want to make sure that in the -- whatever agreement we have, that if it doesn't work out and the county has to step in, that, okay, we tried it, and we need to move on. COMMISSIONER FIALA: You mean first build -- not us build it, but first they build the golf course. COMMISSIONER SOLIS: Whoever it's going to be, right. COMMISSIONER FIALA: See if it can take care of itself, it can handle its own expenses, and still we have set aside for the veterans. COMMISSIONER SOLIS: Right, veterans and everything else. COMMISSIONER FIALA: If it doesn't work, then take it back because it's ours anyway. We won't have lost the property then, but we can always use it if it doesn't work out. But at least we say we tried. Thank you. I'll second that. CHAIRMAN McDANIEL: Well, it's been -- you be careful about what you're seconding, because he's not -- COMMISSIONER FIALA: Oh, I thought I just second -- CHAIRMAN McDANIEL: He's not agreeing with you. He's agreeing with Commissioner Saunders. COMMISSIONER FIALA: Oh, oh. I'm sorry. COMMISSIONER SAUNDERS: Well, I think that actually what Commissioner Fiala's looking for is included in this, because this engineering firm's going to look at 12 holes or 18 holes. CHAIRMAN McDANIEL: Or nine. COMMISSIONER SAUNDERS: Or nine, because that's not the decision point today. So they're going to be looking at laying this out. But there are a couple of aspects of this that are important I want staff to understand. One is that whatever -- however we do proceed, if we do have an 18-hole golf course or a 12-hole golf course, I want October 8, 2019 Page 169 to make sure that an organization such as First Tee is incorporated into that. And from some of the people that I've spoken to that are in this business, they know First Tee, they like First Tee. They would bring them in and have a great -- a juvenile youth golf program out there. It's consistent with what they would want to do with what some of these entities would want to do. COMMISSIONER TAYLOR: Yes. COMMISSIONER SAUNDERS: It would be a youth community educational life-skills component. And also, when we get down to the -- after we get some engineering design work, we'll do an RFP. We'll make sure that we have an entity that has the financial capability to do all of this and make sure that we have no financial responsibility. COMMISSIONER FIALA: Let me ask what "all of it" means. Eighteen holes? COMMISSIONER SAUNDERS: No decision today on 18 holes. Vote against the motion, that's fine, but no decision on 18 holes. CHAIRMAN McDANIEL: We're not deciding today on 18 or what? COMMISSIONER FIALA: Well, if the design team is going out, what are they going to design? COMMISSIONER SAUNDERS: They're going to help lay out what the options are. That's all. CHAIRMAN McDANIEL: A 9-hole course, a 12-hole course, the veterans home, the apartments along 951, all of those. COMMISSIONER FIALA: Yeah. And 18 holes -- CHAIRMAN McDANIEL: And a potential 18-hole course. And it can be -- COMMISSIONER FIALA: So you already decided no? I mean, I hear Penny saying very clearly she doesn't want it. October 8, 2019 Page 170 COMMISSIONER TAYLOR: No, I don't think there's room. COMMISSIONER FIALA: Well, then why do we have to -- is there a -- is there a necessity -- let me just ask this: Is there a necessity to build the housing on that piece of property before we find out if this golf course would be essential? Because we do have other land. COMMISSIONER SAUNDERS: There's no necessity to put housing on there at all. There's no necessity to put a veterans nursing home on there. There is a necessity, if we're going to have a golf course, in my view, that it doesn't cost the county anything. COMMISSIONER FIALA: Right. COMMISSIONER SAUNDERS: And so the engineering firm will take a look at what the options are, and then at some point we'll do a request for proposals for entities that can come in and fill the need. COMMISSIONER FIALA: See, I think, we're saying the -- COMMISSIONER SAUNDERS: I'm not going to change the motion. COMMISSIONER FIALA: Huh? COMMISSIONER SAUNDERS: I'm not going to change the motion. COMMISSIONER FIALA: I'm not asking you to change it. I'm trying to make sure -- so you're saying -- you're still talking nine-hole and 12-hole, not 18-hole, and you're still -- and that's it, period? Is that it? COMMISSIONER SAUNDERS: I'm saying that as far as this request is for the assistance, they can take a look at nine holes and 12 and 18 holes, it doesn't matter. We're not making a decision on what type of a golf course we would have there. This gives us an opportunity to have some professionals take a look at what can be laid out there, how much it's going to cost, and October 8, 2019 Page 171 how we can go forward. CHAIRMAN McDANIEL: Where it can go and what's left. COMMISSIONER SAUNDERS: The sole purpose of this. COMMISSIONER FIALA: Question: While these professionals are doing that -- now we've been told from First Tee that the people that they're working with can make this work on an 18-hole golf course without spending any money at all, and if they say that, would you be amenable to try to move forward without the housing right now just to see if -- you know, you could always prove them wrong, or they could always prove us wrong. COMMISSIONER SAUNDERS: When we get to a point where we do a request for qualifications, we'll make sure that there's -- whoever comes forward with a proposal has the financial capability to do this. First Tee and KOVA can propose just like anybody else can. CHAIRMAN McDANIEL: That's a long way of saying, yes, he would be amenable to looking at that. COMMISSIONER FIALA: So it's not 18 holes is off the table. COMMISSIONER SAUNDERS: Nothing's off -- I'm stating my position in terms of 18 holes because I don't want people to get the idea that somehow all of a sudden I've decided that we're going to have a -- my view we're going to have a golf course out there and nothing else. I'm not changed my view on that. I do believe that we can do a scaled-down golf course that will be very professionally run that will be an asset to the county and the community, and we still can do some of these other things out there and not have any financial obligations on the part of the county. CHAIRMAN McDANIEL: That's the biggest thing now is financial obligation, correct? COMMISSIONER SAUNDERS: Yes. COMMISSIONER FIALA: I mean, you want to make sure that October 8, 2019 Page 172 there's none of that. COMMISSIONER SAUNDERS: That's correct. COMMISSIONER FIALA: And we, by the way, have never said that on anything else that we have no financial obligation to the swimming pools or anything. We're even going along with that even though it will cut that golf course short. But the housing seems to the sticker here, and I know especially on Penny's part. And right now we've built so much. We don't really need it now. What -- but we could always get the land because we've got a package of land that we have sitting out there that we could use for it, right, because they want the land free, right? COMMISSIONER TAYLOR: With the housing? COMMISSIONER FIALA: Yes. CHAIRMAN McDANIEL: No. COMMISSIONER TAYLOR: The people with the housing are -- there are two entities. One is a highly respected -- two of them are highly respected. One is worldwide known. And they are willing to come in and underwrite this facility, and, yes, they need the land. The idea of -- have no cost for land is important. COMMISSIONER FIALA: Did you just hear that? CHAIRMAN McDANIEL: I did just hear that, but I don't have to agree with either one of you with regard to a middle. COMMISSIONER TAYLOR: But it's for the people that we're always concerned about, which is essential service and also our seniors. CHAIRMAN McDANIEL: Right. COMMISSIONER FIALA: We're building a lot of that stuff now. COMMISSIONER TAYLOR: No, we're not, ma'am, not where it's below market rate. CHAIRMAN McDANIEL: Those are market. Those are all October 8, 2019 Page 173 market things, except for that last Allura project. COMMISSIONER FIALA: Why don't you build some in the city? CHAIRMAN McDANIEL: Can we go to -- can we go to Mr. Casalanguida. And then I'm going to -- I've got to -- well, Commissioner Taylor. Then I've got a couple comments. MR. CASALANGUIDA: Just to recap a little of your conversation, Commissioners, just in Commissioner Saunders comments, I think I heard the three components that the firm would start looking at. It might be helpful, sir, if we put out the RFP as soon as possible because you'd want -- if you want to pick a partner, then they'd start with the design team as soon as possible, so that's the only clarification. COMMISSIONER SAUNDERS: If you could -- if staff could put together the RFP, that would be great. MR. CASALANGUIDA: Sure. So two paths. You're selecting the firm, and the direction we're getting so far, ahead of public comments, would be that we look at those three components, the veterans nursing home, golf up to 18 holes, and some housing -- and a housing component, then solicit for a partner that would help develop and provide that pro forma that would look at that piece of property as we develop it. CHAIRMAN McDANIEL: Correct. MR. CASALANGUIDA: Okay. COMMISSIONER TAYLOR: That's good. CHAIRMAN McDANIEL: That very well sums it up. And I just -- you know, Commissioner Saunders, you said it regularly, and I don't want to get out in front of the millennials -- can't figure out why they don't want to play 18 holes, but -- because that's what you're supposed to do. I grew up on a nine-hole October 8, 2019 Page 174 municipal golf course. We played it twice. And, by the way, when you're me, it's a whole new course, so every nine you go do. So it's -- 18 holes is not off the table yet. COMMISSIONER FIALA: Okay. I heard you. CHAIRMAN McDANIEL: The veterans hospital, I think we're all -- we all are in agreement on in some kind -- COMMISSIONER SAUNDERS: Not a hospital. A nursing home. CHAIRMAN McDANIEL: Nursing home. Forgive me. I say veterans hospital. There is a large difference, so... COMMISSIONER FIALA: Could we hear from the audience before we vote. CHAIRMAN McDANIEL: Absolutely. We're not going to vote. Commissioner Taylor wants to make a comment, and then we're going to go to the public. COMMISSIONER TAYLOR: Just -- again, we've been given an opportunity, and I think this will become almost the Central Park of Collier County in so many ways. I think that there's an opportunity to enhance this area. I know for folks who've lived with it for so long they can't imagine it more beautiful if we're putting buildings on it. You'll be -- you'll be amazed. I think this is -- this is a great creative endeavor that is going to define Golden Gate in the ways that the citizens who live there want it to be defined. So I look forward to the creative process, because that's what it will be. CHAIRMAN McDANIEL: Thank you. Let's go to public comment now, Troy. MR. MILLER: Your first speaker is Nolan Rheam. He'll be followed by Cindy Darland. If I could get you to use both podiums, please. Thank you. COMMISSIONER SOLIS: I was going to tell you, I grew up October 8, 2019 Page 175 playing tennis on half a tennis court, and you had to run a lot, just so you know. COMMISSIONER SAUNDERS: Both teams on the same side? COMMISSIONER SOLIS: Yeah. You had to run around a lot. CHAIRMAN McDANIEL: That's just wrong. COMMISSIONER SOLIS: Sorry. MR. MILLER: Mr. Rheam. CHAIRMAN McDANIEL: I'm sorry. Forgive me. I think -- Cindy, are you first or you, sir? MR. MILLER: Mr. Rheam. MR. RHEAM: Thank you very much. My name is Nolan Rheam. I am a golf professional here in the area and an advocate for golf. I am -- a little bit about myself. I grew up in the golf business, and everything that is good has come to me through golf. I met my wife at a golf course. I've -- my dogs are named Bogie and Mulligan, so I am definitely a golfer and just an absolute advocate to what it can provide, not only the average golfer, but especially youth. And having worked with The First Tee, I've seen firsthand some of the situations that we're trying to lift these kids out of, and I've seen it done successfully on a number of occasions, and that's just in the short time that I've volunteered some of my time with the organization. I think affordable golf for the locals is definitely something that faces the county here. The number is dwindling, and I really think there's an opportunity to have a very profitable public facility if not run by the county, run by somebody else. I think there's a huge market that would allow for somebody to really do well at that location. Again, it's a tremendous outlet, it's a productive outlet, and it really teaches youth and every golfer a lot about life and how to October 8, 2019 Page 176 navigate trouble situations and follow the rules and call penalties on yourself. So I just can't be a bigger advocate for golf, affordable golf, at that location. And I know a number of juniors that -- they'll walk there on a daily basis from their house. And it's just -- it's been tremendous to see, and I look forward to continuing my involvement, and I appreciate everybody's time. Thank you very much. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Your next speaker is Cindy Darland, and she will be followed by David Marren. Now, Ms. Darland has additional time ceded from Jeff Jones. Are you present? And Derek Clemmensen? MS. DARLAND: I think Jeff is gone but Derek's here. MR. MILLER: Okay. That will be a total of six minutes. COMMISSIONER FIALA: Is that both of you back there? CHAIRMAN McDANIEL: No. MR. CLEMMENSEN: I'm Derek. CHAIRMAN McDANIEL: He was just waving at me. MS. DARLAND: Good afternoon. My name is Cindy Darland. I'm Executive Director of The First Tee here in Collier County. As many of you know, we have talked with you, met with you. The First Tee is a youth development program that teaches core values, life skills, and healthy habits through the game of golf. We currently are reaching over a thousand young people in Collier County plus their families. With the support of our cofounding sponsors, Arthrex Incorporated and Collier Enterprises, we opened our doors in December of 2007 at our home course of Golden Gate Country Club. To this day Arthrex is still our exclusive founding sponsor along with local trustees, national trustees, area businessmen and women, October 8, 2019 Page 177 along with Collier County Public Schools, and many of our wonderful families here in Collier County. Not only do these community leaders believe in our mission, but they also believe in our history and the ability to deliver a stellar program to our young people and a product that will enhance Collier County as well as the tourism industry. Golf is the one sport that knows no boundary when it comes to age or skill level. Golf is considered a lifetime sport and, for many of our community members, Golden Gate Golf Course is their last venue to continue this lifelong sport. We see families, we see adults, we see youth out on the golf course enjoying the camaraderie of the game. It's a social outlet providing overall mental health to our young and old alike. The First Tee provides the opportunity for all children ages 7 to 18 to participate in an individual sport while being in a group setting socializing with other young people, making lifelong friends in person versus through their social media devices. The First Tee would be honored to partner with Collier County during the interim or, most importantly, in the long-term redevelopment of Golden Gate Golf Course. We are proposing to keep golf at Golden Gate, whatever that number of holes may be, to revitalize the golf course and enhance the facility to be used by all residents of Collier County as well as the many wonderful tourists. Our team of experts would work with you to incorporate the veterans facility through the PGA HOPE program and what a wonderful recreational outlet for our essential workforce component to have a golf course in their backyard. We would bring to the table a well-designed public golf course and a driving range that all Collier County residents would be proud to call their home course. So thank you for your time and your consideration. CHAIRMAN McDANIEL: Don't go away, Ms. Cindy. October 8, 2019 Page 178 MS. DARLAND: Okay. COMMISSIONER FIALA: So you stress continuously, actually, youth. MS. DARLAND: Pardon me. COMMISSIONER FIALA: You stress youth, right? MS. DARLAND: Correct. COMMISSIONER FIALA: So you're really focusing on the youth. MS. DARLAND: Yes. COMMISSIONER FIALA: But what about the seniors? I mean, is there -- do you think the seniors are also needing this? MS. DARLAND: Absolutely. We are all -- when I mentioned -- I mentioned a lot of adults -- or a lot of youth, but I'm also mentioning the adults and the seniors in Collier County. Many of our volunteers are seniors in Collier County, and it's very -- it's a great mentoring program that we have, that we have our adults come in and help the kids, and they're great mentors for our young people, absolutely. I'm a golfer, and I enjoy Golden Gate. And so -- there's not very many facilities in Collier County where we can go if you're not a member of a golf course to hit golf balls. I love the driving range. I mean, in Collier County there's no driving range. Yes. COMMISSIONER FIALA: So tell me, we're having -- it's bantered about, and I think I'm on the losing end of most everything here -- MS. DARLAND: No, no, no, no. COMMISSIONER FIALA: -- as far as this either -- I'm sorry, nine holes or 12 holes or 18 holes. How would you feel about that as far as -- you just said you didn't mind just as long as it remained a golf course. But what do you think would be the most advantageous thing for our community? October 8, 2019 Page 179 MS. DARLAND: I've always advocated for the 18 holes, but I also am not an expert in design. So I feel with all the wonderful golf course architects -- and Peter Jacobsen is on our team. He's offered to come in and help with that design if needed. He's an expert in the designing of a golf course. Whatever the design experts come up with with that parcel of land, I think we can make it an outstanding facility and one that Collier County residents would be very proud of. COMMISSIONER FIALA: So then the youth would like how many holes and the seniors would like how many holes? MS. DARLAND: We work together, you know. And I think for what I can speak, I just -- you know, whatever the design team can come up with. Ideally, you know, I'm always for the 18 holes, but I also think you can play nine holes twice. You can play -- like, Commissioner Saunders said, you could play 12 holes and play, then, another six holes. But it has to be the right design team. You can't just have -- I can't just go out and design the golf course. It has to be the right design team to make it creative and something interesting that all of us want to play and our whole community would be proud of. There's not a facility like that anywhere in our neighboring counties. So I think we could really attract some great tourists, some great visitors in our community with the right designed golf course and practice facility. There's a lot of -- with the new practice facilities -- I know there's a Top Golf. We could make a Top Golf facility just as it is now without having the 14 stories. You can make the driving -- you can make the driving range electronically and engineering exciting. So it doesn't have to be, you know, your normal driving range. The engineering is out there. CHAIRMAN McDANIEL: And that's what we're -- and that's October 8, 2019 Page 180 what we're going to do to explore those alternatives. COMMISSIONER FIALA: I never heard of Top Golf. CHAIRMAN McDANIEL: That's a whole 'nother lesson. COMMISSIONER FIALA: So up on a 14-story building or something? CHAIRMAN McDANIEL: You can, yes, ma'am. It's a real cool a thing. Thank you, Ms. Cindy. Do you have any other questions? COMMISSIONER FIALA: Uh-uh. MR. MILLER: Your next speaker is David Marren, and he's been ceded some time from John Wolner. Mr. Wolner, are you here? MR. WOLNER: Yes. MR. MILLER: Robert Steadman? MR. STEADMAN: Here. MR. MILLER: Cesar Bazana? MR. BAZANA: Here. MR. MILLER: John Lewis? MR. LEWIS: Here. MR. MILLER: Alice Duffy? (Raises hand.) MR. MILLER: Mr. -- Christine Semon? I'm sorry. MS. SEMON: Here. MR. MILLER: I got it. And Denise Hennessy? That is a total of 21 minutes, and Mr. Marren will be followed by Tom Sansbury. MR. MARREN: I won't take the full 21 minutes, I guarantee you. But I -- I do want to tell you I'm very impressed with the discussion I heard earlier, the debate among the commissioners. I'm going to cut my talk down quite a bit because of that discussion. So let me start with, first, I want to thank the commissioners for their foresight in acquiring the public Golden Gate golf property. October 8, 2019 Page 181 Your vote to extend the contract with The First Tee organization to manage and maintain the Golden Gate Golf Course as an affordable public facility for the use of all of Collier County residents and visitors is a good thing. That is what we're looking for, your vote to give The First Tee a contract so that they can get to work on the golf course and make it playable. I do not believe I must espouse the contributions of benefits The First Tee organization provides to the youth of our community and country; however, I do feel compelled to speak to the issue of public golf in Collier County, its impact on current residents, and its future contribution to the growth and quality of life for current and future residents of Collier County. Per current demographic census data, this property we are talking about located in ZIP code 34116 has the highest density population by far of any other area in the county. There are 3,000 residents per square mile in this relatively small 10-square-mile area; whereas, the county average density is 139 residents per square mile. If you narrow that down to an area of about four square miles around the golf course itself, you come up with a density of 24,000 residents per square mile. That's serious overcrowding. To put affordable housing in there with multiple families, children, the needs for schools, cars, all the rest of the things that take up infrastructure, you'll be just doing the residents of that area a great disservice. Having a public facility which has the potential to generate some if not -- if not all of its own operating income in part or in whole, plus contributes to the quality of life for all county residents of all ages, is a very positive and meaningful attraction not only for current residents but also for future employers, employees, and senior residents and tourists. Let's talk about seniors for a moment. Ms. Fiala and I happen to October 8, 2019 Page 182 be seniors. The rest of you, I hope you get there. The senior retirees contribute to the county's revenue stream. Senior retirees buy and maintain homes. They spend money in restaurants, shops, and stores, and they pay their taxes. If you were to break down the budget for the parks department and many other county services and amenities, I believe the amount of spending directly or indirectly benefiting seniors would be very much less than proportionately justified. You don't see many seniors playing baseball, flag football, soccer, et cetera. And pickleball has a much, much lower percentage of senior players than golf. Let's talk about the economics of county-sponsored privately-managed public golf. To quote Mr. Batten in a Naples Daily News article about course acquisition, and I quote, profit and loss should not be the deciding factor, just as it isn't in any of the other county recreational offerings, end quote. Because the county does not have an affordable public 18-hole golf course, many of Collier County's permanent residents are, in reality, priced out during the prime golf season. Regrettably, this same reality holds true for most of our youth, and it is a reality for the majority of the county's workforce and their families. Public facilities of any nature or form cannot and are not to be judged solely on the basis of direct revenue the county derives from them. If that were true and the only measure of justification, we wouldn't have a Parks and Recreation Department. A county-owned privately-sponsored publicly-managed/maintained public facility meets all the criteria mentioned earlier. It has what few other county facilities have or can offer, and that's the potential of being cost neutral to the county, and I think that's what you all want. The success of any private -- of any public/private undertaking October 8, 2019 Page 183 depends on sponsorship, management, maintenance, marketing, promotion, and a willingness to welcome all. The First Tee is the perfect partner for this public/private enterprise. The First Tee has a proven track record. The First Tee has the business and operational expertise and skills to ensure the success of this project. I will close by reminding you of the county's vision and mission statements. And, again, I ask you to extend The First Tee a contract to keep the public golf located at Golden Gate open and operational. Thank you for your time. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Your next speaker is Tom Sansbury, and Mr. Sansbury will be followed by Kaydee Tuff. CHAIRMAN McDANIEL: Kaydee, you want to go first? It will take him forever to get up here. MR. MILLER: All right. Ms. Tuff. MS. TUFF: My name is Kaydee Tuff, and I'm a 30-year resident of Golden Gate and the current president of the Golden Gate Civic Association. I thank you for this opportunity to provide some valuable input on the future of the Golden Gate Golf Course. The use of this land will have significant impact on our community and the county as a whole. There are several speakers who have already discussed golf, so I'd like to use my time to speak about residential use of this property. While listening to the various firms vying to direct this project, many uses were discussed. I'm excited to propose a serious discussion on a 55-plus retirement campus that would include a veterans home, a public golf facility, possible government offices, and affordable housing for seniors. There's been much talk about the need for workforce housing in October 8, 2019 Page 184 Collier County. My son Allen is a sergeant with the Collier County Sheriff's Office, and my daughter-in-law Amy works in dispatch. I'm personally aware of the need for workforce housing, but the key to making it work is location. To attract the teachers and nurses and first responders that you hope to serve, you must have quality schools. It is one of the most significant considerations when a young family is choosing where to live. Currently, due to the high number of low-income and low-English-speaking families in our community, Golden Gate schools are among the lowest performing in Collier County and the state. So when it came time to choosing where to live, although he grew up in Golden Gate and attended elementary, middle, and high school there, my son chose to locate in far eastern Collier County because of the schools and the opportunity to live in a deeded community. It is my significant concern that if you do not fill these units with workforce tenants, that the project will become another affordable housing facility with two families per unit to be able to afford the rent. This is the current reality of Golden Gate, a community where most single-family homes have two or more families living in them. I know this because I also serve as co-chair of the Golden Gate Task Force, and I see firsthand the impact that overcrowding has had on our infrastructure, our wells and septic systems, our traffic, our quality of life, and our schools. We provide more affordable housing than anywhere else in the county because our truly -- our community is, every inch of it, affordable housing. But I'm not here to be a NIMBY. I know that we all benefit from a well-planned project that serves the county and blesses the community in which it's located. For this reason I believe and hope that you will agree that a 55-plus retirement campus is a perfect fit October 8, 2019 Page 185 for this property. Oh, okay -- and it's something that's truly needed in Collier County and Golden Gate. First of all, affordable housing would be the perfect complement for what's currently being discussed, which is a veterans home -- a veterans nursing home, municipal golf, and would be compatible with the adjacent Par's 55-plus community. When choosing where to live, senior residents are not influenced by school performance and would be well served by the central location of Golden Gate. The four-mile square of Golden Gate features a government center, community center with a theater and band shell, a well-utilized senior center -- oh -- could I just please finish? Could somebody give me their time? CHAIRMAN McDANIEL: You've already made your point, Kate. MS. TUFF: I know, but I end so well. CHAIRMAN McDANIEL: Go ahead and end. MS. TUFF: All right. We're excited that Commissioner Burt Saunders is working to expand our Golden Gate senior center to meet the growing need. The Healthcare Network of Southwest Florida is building a brand-new 50,000-square-foot facility just down the street from this location. That facility will provide seniors with convenient and affordable health services. On a final note, for those of you who are familiar with the work of Grace Place, a 55-plus retirement campus would provide volunteers to further the work of that group in educating the youngest members of our community so that they might enter kindergarten being able to speak English and have access to homework help after school, which would have an immeasurable impact on our schools and help raise our school performance. As you can see, I can't say enough about my excitement of the possibility of this 55-plus retirement campus. It's a sound investment October 8, 2019 Page 186 and a perfect fit for our senior community, our Golden Gate families, and Collier County as a whole. It's truly a win-win, and I thank you for your time and look forward to discussing this further with you as -- CHAIRMAN McDANIEL: Don't be in a hurry. Don't be in a hurry. MS. TUFF: I'm pretty proud that I said all that as quick as I did. CHAIRMAN McDANIEL: Yes, you did -- COMMISSIONER FIALA: They're building a 55-and-older community already? CHAIRMAN McDANIEL: No, no, no. MS. TUFF: No. I'm building it -- CHAIRMAN McDANIEL: She said that three times to make sure that the point got across. And before -- Commissioner Saunders has a question for you, but I just want to say -- if I can go first. Thank you for all that you do. She's been in our life and in the community of Golden Gate City forever. MS. TUFF: Feels like it. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Just to give you a little bit of comfort, my goal has been to upgrade and improve the quality of life in that community. And the affordable housing that I'm looking at would be deed restricted for specific employees. It's not going to be a typical low-income housing project that you'd find all around the county. It would be deed restricted for those particular types of employees -- that this particular -- you know, that would be, as I said, firefighters and police officers, schoolteachers, nurses, medical types of folks. That's all, and then with a senior component as well. MS. TUFF: We love -- the senior component's a good fit. COMMISSIONER SAUNDERS: But no just general work -- October 8, 2019 Page 187 affordable housing. MS. TUFF: Thank you. CHAIRMAN McDANIEL: That's not the goal here. COMMISSIONER TAYLOR: That's not the goal. CHAIRMAN McDANIEL: The one thing -- and I would like to add to that, if -- and, again, I'm one of five, but I've said this regularly that I don't want to create a windfall with taxpayers' money for the private sector. The other side of that equation is the housing market changes. Commissioner Saunders has been here forever, as have I, and 10 years ago the housing market was a need for one particular sector, and it will be something different going on in the future. So that deed-restrictive covenant will -- hopefully, will allow us to be able to adapt to support the need of our community. MS. TUFF: I love the senior component because, if you look, the Pars community, it's, like, right in -- CHAIRMAN McDANIEL: That's five times you've said the senior community. Thank you. Thank you. MR. MILLER: Your next speaker is Tom Sansbury, and he will be followed by Geoff Lofstead. COMMISSIONER SOLIS: The ultimate Gator. MR. SANSBURY: Thank you. How about them Gators? COMMISSIONER FIALA: Such a good person. MR. SANSBURY: Tom Sansbury, a resident of Collier County for 22 years now, and a native Floridian. You know, I've been involved in golf courses, design, development, construction, operation, renovation for my entire career, probably around 35 golf courses, and most of them being in South Florida. And of those golf courses, I think 10 of them were public or semipublic golf courses. I'm familiar with Golden Gate layout. I think that one thing October 8, 2019 Page 188 that -- in talking about Mr. Saunders' comments, there's 157 acres, I think, is that what you guys said? CHAIRMAN McDANIEL: Sixty-seven. COMMISSIONER SAUNDERS: Hundred and sixty-seven. MR. SANSBURY: Hundred and sixty-seven. You only need, for a first-rate golf course, 120 acres with a driving range. So there's land out there with adjustments to that layout that you can make it work with an 18-hole golf course plus a good parcel of land for whatever else you want to do with it. The thing that I recommend is in -- with the engineering firm looking at this, I recommend considering -- you might call it an advisory committee consisting of The First Tee folks, consisting of people with -- that have done operation on golf courses, construction on golf courses, layout and design of golf courses, and golfers. I'm not a golfer. I quit years ago because -- 20 years ago because I wasn't any good, but I have managed some of the nicest country clubs -- CHAIRMAN McDANIEL: Who is? MR. SANSBURY: -- in South Florida. And a prime example of a public course is Palm Beach Gardens. The city of Palm Beach Gardens has a great public course that I'm proud to say I was involved in and operate, and it's not on a break-even basis. But if you look at, as the gentleman said before me, the cost of the parks operation, you have to look at a golf course like it were a park. We're spending $45 million on a new regional park, which is very, very important. It serves a heck of a lot of people, but there's a heck of a lot of golfers out there, too. There's probably more golfers than pickleball players. So certainly consider moving ahead with it. And, you know, you might consider putting together an advisory committee to work with the engineers. October 8, 2019 Page 189 Thank you. CHAIRMAN McDANIEL: Thank you, Tom. MR. MILLER: Your next speaker is Geoff Lofstead, and he will be followed by Rich Rainville. MR. LOFSTEAD: Good afternoon. My name is Jeff Lofstead. I'm the executive director of the South Florida section of the PGA of America, and we -- CHAIRMAN McDANIEL: Say your name again, please. MR. LOFSTEAD: Geoff Lofstead -- and we conduct programs and services for golfers throughout Southeast and Southwest Florida as well as Puerto Rico and the Islands. But I think what you have in front of you here today is really a great opportunity. You have a great opportunity for the residents of Collier County, you have a great opportunity for the youth of Collier County, and you have a great opportunity for the veterans of Collier County. I'm really encouraged to hear the talk of potentially having a veterans healthcare facility involved with the golf course. We have a program that was started four years ago called PGA HOPE, and it's a program that stands for Helping Our Patriots Everywhere. And I'm not a military veteran, and I can't even put myself in the position to understand what some of our veterans went through, but I think we're all very familiar with the statistic that 22 veterans a day take their lives. And this particular program -- and I'm not overstating this whenever I say it saves lives. And PGA HOPE is a program that we're doing throughout Southeast and Southwest Florida, and where we struggle the most is finding the veterans, and when we have great partnerships and relationships like we do in Palm Beach County with the VA center there and we do in Miami-Dade with the VA center, then we can positively affect those lives for the military veterans. And then when you look at the opportunity to combine with The October 8, 2019 Page 190 First Tee, which is an organization that's not solely dedicated on developing the next great golfer, they're dedicated on developing the next great person, and to be able to serve that youth, and then you look at what golf is in our communities, I don't know if there's a better use of green space than a golf course. We charge admission that people will gladly pay to come to our green space. And there's no better stewards of that green space than golf course superintendents, let alone the wage. You look at the State of Florida alone, it's a $8.2 billion industry here in this state; 84 billion in the country. So golf certainly has a big part, and in all due respect with the millennials, they actually do play golf. There's 24 million golfers, and 26 percent of those are millennials. So the millennials are playing golf out there. And then you have additional facilities like Topgolf and Drive Shack and others that are generating another either million people that are consuming the game of golf. So I think this opportunity that you have in front of you is a great opportunity and one that's done -- like you're doing now with great foresight and partnering with entities and experts in the business, like you have with The First Tee, you can really generate a great program that will leave a lasting legacy for this county. CHAIRMAN McDANIEL: Thank you, Geoff. MR. MILLER: Your next speaker is Rich Rainville, and he will be followed by Bill Barton. MR. RAINVIILLE: Good afternoon, Commissioners. Thank you very much for your time. My name is Rick Rainville. I'm the president of KOVA Golf. I am a PGA member. I've been a PGA member for nearly 20 years, and I have operated and managed some of the best country clubs and golf clubs in this community for the last 25 years. So I know this community. I know Golden Gate very well, and I have worked with The First Tee since its inception here in the October 8, 2019 Page 191 Naples/Collier area, and I know the organization. What you do have ahead of you -- in front of you is a great opportunity, as Mr. Lofstead just indicated. It's great to hear the conversation that's going on. We do know that 167 acres is a large parcel of land in a very, very key part of our community, and golf is certainly something that is a big part of this community as well. Not only from a tourist standpoint, but certainly from an employment standpoint. And we really do vision (sic) partnering with The First Tee, of course, in a public/private partnership for this property is certainly something that is attractive, as Commissioner Saunders has indicated, you know, looking at something where another entity would come in and essentially put up the income or the capital to redevelop a golf course property in some fashion. And, you know, with all due respect, I know there's been a lot of discussion about the numbers of holes, and I think, let's not get caught up on the number of holes. We have significant experts in the industry, not only from a design standpoint, from an operating standpoint. So to come up with something for this property that is not only going to be attractive and, as Commissioner Taylor has said, you know, something that could be a focal point in our community, really, we know that we can develop something like that. And getting caught up on the number of holes, I don't think, is really what we need to do at this point. And really bringing entertainment in and bringing vocational opportunities. Certainly, with the veterans and all of the other components that are going on site, having it, as Cindy said, right in the backyard is really, really going to be something that's going to be attractive and something that really doesn't exist anywhere else. Being able to utilize the game of golf and those experts that are October 8, 2019 Page 192 there to deliver for veterans and bringing them opportunities to get back into the workforce potentially with all the different types of thing. You have restaurant, you have agronomy. You have golf operations. So there's a ton of great opportunities here. We do thank you for taking this up, considering not only what you're going to do with this golf club in the interim period, but what we can do with it in the future, I think, is something that is very special, and I know that it can happen. We have the experts to do it. CHAIRMAN McDANIEL: Thank you, Rick. MR. LOFSTEAD: Thank you. MR. MILLER: Mr. Chairman, your final speaker on this item is Bill Barton. MR. BARTON: Mr. Chairman, Commissioners, for the record, my name is Bill Barton. I have been a resident of Collier County for some 54 years. And it's interesting, during those 54 years there has been discussion of Collier County having a municipal golf course the entire 54 years. Some of you may remember Dan Breeden, a friend of mine. Dan worked for you many years trying to interest various county commissions in support of a municipal golf course. Obviously to no effect. Life presents us with opportunities. We have just been presented right between the eyes with an opportunity for a municipal golf course in Collier County. Often these kinds of opportunities only come to us once, and if we don't take advantage of them when they're there, they are sunsetted, they're gone, we have them no more. And I have to tell up front, I'm a traditionalist, and I think 18 holes is important. The PGA notwithstanding, 12 holes is nonsense. It's not the first time I've disagreed with them. They're the same organization that tells me if my sand club touches the sand in a sand trap it costs me a stroke. Now, how dumb is that? October 8, 2019 Page 193 CHAIRMAN McDANIEL: It's the rule. It's a rule. MR. BARTON: It's a rule. CHAIRMAN McDANIEL: Correct. MR. BARTON: Nonsense. So I don't think 12 holes works at all. I have seen a golf course that worked relatively well at nine holes by putting in 18 sets of tees and only nine greens. COMMISSIONER SAUNDERS: That sounds like nonsense to me, quite frankly. MR. BARTON: No. It works well. In Leadville, Colorado, they do that, and it's a great golf course. And it's like playing 18 holes because every hole, then, is different. You're not playing the same nine holes twice. Speaking of Brekenridge, Colorado, I had the good fortune to have had a home there. Brekenridge is a little town that's got about one-tenth the population of Collier County. And when I first moved there, they had a beautiful 18-hole golf course designed by Jack Nicklaus. While I was there, they expanded that to 27 holes. Did they have to spend any money on that? Yes. Did they break even at the end of the year? No. Did they discount their green fees for those property owners that lived in the city? Yes. Treat it like a park. It's not like a business. City of Sarasota, when I went there as a young man and started playing golf, they had 18 holes. It's now 54. They have just made a decision to include in their budget millions of dollars to rebuild the entire 54 plus clubhouse plus maintenance facilities. They could have cut it back to 36 and sold 18 holes of property. They could have cut it back to 18 and sold 36 holes. They didn't do that. I wonder why. CHAIRMAN McDANIEL: Thank you, William. I just -- if I can just share a quick story. Shortly after we heard October 8, 2019 Page 194 this item back in the spring -- and you-all know -- well, not -- if you don't, I'm a huge golf advocate. And they had the Masters -- I am. Really. I used to actually be really good at it at a time. No, I leave the guns at home. But there was -- the Masters tournament was on, and they were talking about Bobby Jones. Of course, who doesn't know Bobby Jones? And the City of Atlanta had built a golf course in Atlanta and wanted to name it after Bobby Jones. And it was such a deplorable -- and we've heard multiple people talk about how important it is to have a good architect and a layout and so on and so forth. The layout was so horrible that Bobby Jones didn't want to give his name to the City of Atlanta to put on the golf course. Now, he finally acquiesced. So he went -- and that's when he built Augusta, Augusta National where the Masters is, in fact, at. Well, later on, they came back around and adjusted that 18-hole layout to a high-end nine-hole facility with two holes on each green, two different color flags and two different sets of tees. So they played from a different set of tees and hit to a different pin on each one of those. And it was very apropos for the conversation that we were having with regard to the potential layout of this facility, just all fell right in line along the lines of the discussion of whether we have nine or 12 or 18 holes. There are options that are available. So there. Nice story. COMMISSIONER TAYLOR: All right. So we have a motion? COMMISSIONER SAUNDERS: We have a motion and second. CHAIRMAN McDANIEL: We have a motion and a second. COMMISSIONER SAUNDERS: I have a second motion to make after we deal with that one. So I'll call for the question unless October 8, 2019 Page 195 there's another comment. CHAIRMAN McDANIEL: There is no other comment. Anybody else want to try to talk us out of it? COMMISSIONER SOLIS: Please no. CHAIRMAN McDANIEL: It's been moved and seconded that we engage Davidson Engineering with the components that were suggested by Commissioner Solis and Saunders. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed? COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: 4-1. COMMISSIONER SAUNDERS: Mr. Chairman, a separate motion is to direct staff to begin the process of preparing a request for proposals, request for qualifications to begin to implement the strategy that we've talked about in this motion so that we can work with the engineering firm and give them some direction. So I'd like for staff to come back with a draft of a request for proposals for us to consider sending out. COMMISSIONER TAYLOR: For a golf course design? COMMISSIONER SAUNDERS: For all of these components that we were talking about: Golf course, financial capability to develop the golf course and operate it, proposal in terms of no exposure to the county in terms of cost for either fixing up the golf course or for maintaining it, and the other commercial aspect that would go with this which would include some food service, the October 8, 2019 Page 196 driving range, and some community activities. CHAIRMAN McDANIEL: Basically, you want them to go out for RFP for an operator to come back to operate the facility -- COMMISSIONER SAUNDERS: That's correct. CHAIRMAN McDANIEL: -- as is, and then work with the engineer for the future design? COMMISSIONER SAUNDERS: Well, I want to jump start this, because we could sit here for the next four or five months talking about what this engineering firm's going to come back with. And so I want staff to start developing this request for proposals. I think it's important for the community and for the county to move this along as quickly as possible. COMMISSIONER TAYLOR: So as long as we talk about some -- and I know this is kind of a landscape architect, because that's what you need; you need that overview. A landscape architect can give that kind of planning. So if we could wrap that into this RFP. COMMISSIONER SAUNDERS: Sure. Whatever needs to be in the RFP. CHAIRMAN McDANIEL: No, we don't need a landscape architect. COMMISSIONER TAYLOR: Oh, yes, you do. It's not -- they don't plant trees, I promise you. COMMISSIONER SOLIS: Are we putting the clubs before the cart or the cart before the -- COMMISSIONER SAUNDERS: No. COMMISSIONER SOLIS: I'm just wondering, because, I mean, an RFP would be to actually develop and operate something, and we don't know what that is yet, right, or am I missing the -- what you're -- COMMISSIONER SAUNDERS: The point is that at some October 8, 2019 Page 197 point we have to start making decisions on what we want to put out there. And if staff can start the drafting process of a request for proposals, that will come back to us, and then we can massage that to include what we want to include in it. But I don't want to be sitting here two or three months from now directing staff to draft a request for proposals, because it's going to take them a couple months to do that. So I just want to jump start that proposal -- that proposal and qualifications process. COMMISSIONER TAYLOR: And the issue of the size of the golf course and how it interacts with the other two facilities on it is critical to the overall design. There's no way we can communicate that unless we have that aspect of it. COMMISSIONER SAUNDERS: So I'm going to make that motion for staff -- COMMISSIONER TAYLOR: Second. COMMISSIONER SAUNDERS: -- to work on that expeditiously. CHAIRMAN McDANIEL: Do you understand that? MS. CASALANGUIDA: Yeah. Commissioner, we can be back at the next meeting. You're asking us to lay out a set of criteria that the Board would evaluate the proposals on, and then we put that out to the market. You guys would then -- we'd bring back a ranking of the qualified firms to work with us. And then if -- there's no commitment. At that point in time, if they can't bring you a public/private partnership that makes any sense, you would abandon that proposal and move on from there, but -- CHAIRMAN McDANIEL: And is that proposal actually going to include the operation of the facility as-is, where-is, interimly as we're going through this study process? MR. CASALANGUIDA: No, sir. CHAIRMAN McDANIEL: So we're going to continue to October 8, 2019 Page 198 maintain it as we have been doing but not allow for the operation to be utilized interimly? MR. CASALANGUIDA: Well, that extension we did was for two more months. And I can tell you that round trip on the proposal for a partner is going to take longer than that. So we would have to extend that interim maintenance for another period of time. COMMISSIONER FIALA: I don't quite understand. So you're not going to have them make it into a golf course and you're not going to use it to be played on? We're going to just let it sit there? Is that what you're saying? MR. CASALANGUIDA: Well, I don't think you could that quick. To get that team on, to get whichever partner you chose at that point in time is going to take you, round trip, probably three to six months. COMMISSIONER FIALA: How could they ever show you that it could be profitable if they don't get to get it put together? MR. CASALANGUIDA: You're asking to do an interim use, and I think that's the challenge. CHAIRMAN McDANIEL: Well, I'm in support of the motion, but I also -- I also think that it could be -- we should have a look at -- whose phone's doing that? Okay. That we -- I also think that we could actually give consideration to an interim operational aspect. COMMISSIONER SAUNDERS: I would have no issues with that consideration. We have the motion on the RFP. Why don't we deal with that, and if there's something else that -- CHAIRMAN McDANIEL: It's been moved and seconded that we develop an RFP for working with our engineering firm that we're engaging to do the design. Is that close enough? COMMISSIONER SAUNDERS: Well, not -- not necessarily working with the engineering firm for the design, but just to develop an RFP to come up with alternately we would ask vendors to come October 8, 2019 Page 199 back with their qualifications and what they could provide to the county in terms of guarantees and -- CHAIRMAN McDANIEL: To meet the requisites of what you laid out in the first motion with regard to the potential uses. COMMISSIONER SAUNDERS: That's correct. Exactly. CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: It's been moved and seconded that we do that. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: And -- COMMISSIONER FIALA: I didn't vote at all, but I should vote, and I'll say yes, but I just don't agree with it, but there's nothing I can do about it, so I'll just go along with it. MR. CASALANGUIDA: Commissioner Fiala, you asked if there would be an interim use. COMMISSIONER FIALA: Pardon me? MR. CASALANGUIDA: You asked about an interim use, and Commissioner Saunders said let's get that motion -- this motion passed and then discuss an interim use. CHAIRMAN McDANIEL: And I'm going to make a motion that we give consideration to receive proposals for interim operators to go ahead and open the facility up while we're making all these wonderful decisions. COMMISSIONER SAUNDERS: I'll second the motion. The October 8, 2019 Page 200 motion is to get some proposals back. CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: No decision to operate? Just a decision to see what -- COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: Absolutely. And we can't -- how can we -- all we did when we bought this golf -- and I'm not picking at you. But when we bought this golf course, the choices that were given to us, and the operational aspects were deplorable. No one would have chosen those kind of operating -- but I would like to actually solicit and receive proposals for an interim operator, because it's going to take some time for us to be able to make these decisions, so... COMMISSIONER SAUNDERS: And if we ultimately reconfigure this and have a commercial operational, it's going to take 12 to 18 months to get something going, so -- CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: -- I'll second the motion. CHAIRMAN McDANIEL: It's been moved and seconded we solicit proposals for an interim operator for the facility. 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? Who said aye out there? COMMISSIONER TAYLOR: That was great. CHAIRMAN McDANIEL: Same sign, same sound. And 5-0. October 8, 2019 Page 201 That's what we did. Good report, Jeffrey. MR. WILLIG: Thank you, Commissioners. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Okay. Now where we going? MR. OCHS: Mr. Chairman, we're going to your advertised public hearings. CHAIRMAN McDANIEL: Ah, yes. Item #9A ORDINANCE 2019-33: ORDINANCE THE VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION - ADOPTED W/CCPC RECOMMENDATIONS Item #9B ORDINANCE 2019-34: ORDINANCE AMENDING ORDINANCE NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED-USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, October 8, 2019 Page 202 COLLIER COUNTY, FLORIDA - ADOPTED W/CCPC RECOMMENDATIONS MR. OCHS: Item 9A and 9B are companion items. They'll be heard together. Item 9A is a recommendation to approve -- CHAIRMAN McDANIEL: How many -- do we want to do the Cope Lane first or -- no, let's go ahead and do the public hearing, okay. MR. OCHS: 9A is a recommendation to approve the Vanderbilt Beach/Collier Boulevard commercial subdistrict small-scale amendment to the Collier County Growth Management Plan. This would be an adoption hearing and a companion to Item 9B, which is a recommendation to approve an ordinance amending the Vanderbilt Commons Planned Unit Development by removing the requirement that residential dwelling units be located in mixed-use buildings with commercial on the first floor and allowing standalone residential buildings and by reducing the density to 53 dwelling units. Mr. Chairman, the Item B does require that participants be sworn in and ex parte disclosure be provided, so I think that would be appropriate at this time. MR. MILLER: And, Mr. Chairman, I have three registered speakers for this item. CHAIRMAN McDANIEL: Okay. We're going to go ahead and do the -- you want to do the ex parte first, and then we'll do the swearing in? MR. OCHS: Please. CHAIRMAN McDANIEL: Commissioner Solis? COMMISSIONER SOLIS: Yes. On 9B I've had -- I met with neighbors, Terrie Abrams from Black Bear Ridge, and a few other people, I've spoken with Mr. Cioffi, the petitioner, and I've received numerous phone calls and emails from other Black Bear Ridge October 8, 2019 Page 203 residents. CHAIRMAN McDANIEL: You ready? Your ex parte with regard to these two items. COMMISSIONER SAUNDERS: Oh. Yes, I spoke with everybody involved in this, both sides multiple times, emails, telephone calls, and everything. COMMISSIONER TAYLOR: Telephone calls, meetings, both sides. That's it. CHAIRMAN McDANIEL: And I have as well had meetings, correspondence, and emails. And I'm -- what are we going to do about -- make her declare when she comes back? Because I can't find her stuff here, or I'd declare for her. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Is that it? COMMISSIONER TAYLOR: No, you can't. She's got to do it. CHAIRMAN McDANIEL: She's got to do it herself. So we have -- do we have to wait to -- do we have to -- MR. KLATZKOW: No, you can continue. CHAIRMAN McDANIEL: We can just go ahead. All right. MR. WRIGHT: Good afternoon, Commissioners. MR. OCHS: Hang on, Jeff. CHAIRMAN McDANIEL: We've got to swear them in. Everyone who's going to speak, or think about speaking. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN McDANIEL: Proceed. MR. WRIGHT: Good afternoon. Thanks, Mr. Chairman, Commissioners. I'm Jeff Wright with the Henderson Franklin law firm here on behalf of the applicant. And we do have our team here today. I'm going to try to make this quick. I know it's been a long day, and there's still stuff to do here. But we do have our team here in case any questions do come up. October 8, 2019 Page 204 I just have a few slides we want to go through; about 10 left just to give a quick overview of the project and what we're trying to do. As you can see on this slide, the property itself, the PUD property is bounded in yellow, and it's located at the northwest corner of Vanderbilt Beach and Collier Boulevard. It is located within the Vanderbilt Collier Boulevard Commercial Subdistrict of the GMP. And just an overview, as Mr. Ochs said, we're trying to -- we're seeking to amend the PUD and the GMP ordinances that are currently in place, which have a mandate for commercial on the bottom of any residential buildings. And we don't want to -- we'd like to remove that requirement so we can construct a 53-unit apartment complex on Lots 5 and 6 within the PUD. Couple of points here. As I mentioned, Vanderbilt and Collier Boulevard, the current approved PUD allows for 200,000 square feet of commercial and up to 58 dwelling units. We're seeking to reduce both of those numbers. There's a stipulation in the proposed ordinance to reduce the square footage, cap it at 175 -- 175,000 square feet, and we are here to reduce the dwelling units from 58 down to 53. It's -- given the location, we believe it's appropriate for residential as its neighboring residential use. As I mentioned on the last slide, we're looking to remove that requirement. That appears both in the PUD and the GMP that says you have to have commercial on the bottom of any residential buildings on these lots. We're not looking for additional density or intensity. This is just a quick slide showing the surrounding land uses in the area. You can see the northwest corner there has commercial kind of going along the arterial roadways on the corner and residential as you move away from the corner, and we feel this is a good transition between those commercial uses and the existing residential uses. October 8, 2019 Page 205 Here's a look at Lots 5 and 6 bounded in yellow, again. The bigger picture there is the PUD, but the lots at issue today are Lots 5 and 6, and they're bounded in yellow. As you can see, there's a preserve tract on the northern aspect of those two lots. That is an existing platted preserve with a different owner, but we think it will benefit the compatibility between our project and the neighboring use to the north, residential use. We are going to make the PUD more compatible with the existing residential use to the north, and we believe this project is consistent with the surrounding development pattern. We plan to do buffering along -- and a wall along the northern side of the property line, except along that preserve tract, which is 30 feet deep, and we feel like that's going to provide additional buffering. Between the wall and that preserve and the existing preserve to the north, we believe that the impacts will be not only acceptable but reduced as a result of our application. Here's an aerial showing Lots 5 and 6 relative to those neighboring residential uses, and they've been the most vocal opponents of this project. There have been a series of changes through the years to this PUD, and they've been actively involved in that. What we point out in this slide is illustrative of the distance between the lots at issue and the residential uses to the north. And interestingly, this is from property boundary to property boundary. If you go from structure to structure, it's probably going to exceed well over 300 feet. And there is that preserve 30 feet deep there. So where you see 280 feet, it's actually going to be bigger than that. So it's uniformly 300 feet across the northern property line away from those residential uses. Here's some photos. This is -- we just wanted to capture that compatibility, having that preserve there to buffer this project from October 8, 2019 Page 206 the residential uses to the north. This is looking north and a little bit west, so you can catch a structure there on the left side of the screen. That's the existing storage facility. There's one looking directly north and one looking north and a little bit east. We agree with the staff's recommendation of approval, and the Planning Commission voted this recommendation 7-0, a unanimous approval. And we believe that, as the slide says, removing the first floor from the commercial, the commercial component, is more compatible with the adjacent residential uses. We're removing the commercial from their -- from the adjacent property. The existing preserve and the 6-foot-high wall provides screening and buffering for that neighborhood to the north. A very important part of this is we're finally introducing a residential component to this mixed-use project. Today it's all commercial, so we're -- the intent of mixed use will be upheld by going forward with the construction of the residential component. And the subdistrict still will meet that intent of mixed used. It's very close to a lot of commercial facilities and places where people can go and enjoy both the commercial and residential uses. And it's, obviously, consistent with the GMP and LDC criteria. And that's our presentation. That concludes it. We have our team here. I just want to make a couple of closing remarks. The project is more compatible with the neighbors. It's more compliant with the LDC. We are removing one of the deviations that's currently there, and it's less dense with respect to the neighbors to the north in particular. It meets the demand for housing, 53 apartments. We hear all the time that there's a critical demand for housing of this nature, whether you call it workforce housing -- or we think that it would serve that October 8, 2019 Page 207 demand. And by eliminating five units and committing to eliminating the excess commercial, we're making the project more compatible as well. We are not requesting any deviations. We are eliminating one, and we're comfortable with the stipulations of approval, and we would request your approval as well. CHAIRMAN McDANIEL: From the Planning Commission. Stipulations from the Planning Commission. MR. WRIGHT: Yes. And they have been incorporated into the proposed PUD ordinance. Under Section 5.17 there's a series of them, including committing to 12-month rentals, and there's several others I'd be happy to go through. CHAIRMAN McDANIEL: No. You don't need to. Commissioner Saunders? COMMISSIONER SAUNDERS: You may have touched on this, and if you did, I apologize. But my understanding is what you're planning on doing is eliminating balconies on the back of these units, and you're also prohibiting light poles and -- so can you elaborate just a little bit on that? Because one of the things that we're very careful about is we don't want to negatively impact the neighborhood. And I've met with the neighbors. They have some very legitimate concerns about noise and light and the impact on their communities. But it sounds like to me that this may be less impactful than if there was commercial on that first floor, so if you could focus on that for just a moment. MR. WRIGHT: Certainly. With respect to the balconies first, there is a stipulation that's in the PUD ordinance that -- and it's under 5.17(e) that says no balconies at all. Now, there will be on the front -- on the bottom floor units, there will be porches that extend only southward. So there will be no -- COMMISSIONER SAUNDERS: That's on the other side, on October 8, 2019 Page 208 the street side? MR. WRIGHT: Correct. And as far as the lighting in the parking lot, there's currently a restriction in the PUD for lighting. It has to be mounted on the building. It can't be -- it's limited to a certain height, and we're not changing any of that. So to the extent that we would need lighting, we are exploring some of the technologies, including bollard style. COMMISSIONER SAUNDERS: Now, there's also concerns in some communities of Airbnb types of daily rentals and weekly rentals. My understanding from our meeting is your plan is that these will be annual leases or -- is that correct? MR. WRIGHT: That's correct, 12-month minimum, and that is also contained in the ordinance as a stipulation. 5.17(b) is the section. COMMISSIONER SAUNDERS: So I wanted to emphasize those, because I know there's going to be people from the community that are talking about the negative impacts. I wanted to make sure they knew what the positive elements of this were as well. CHAIRMAN McDANIEL: Thank you, Commissioner Saunders. Commissioner Fiala? COMMISSIONER FIALA: Yes. I just needed to declare my ex parte. I met with Jeff, I met with the applicant, I met with residents of Black Bear Ridge, I've gotten emails, and I've had a staff report. So I want to be up front about that. Sorry I left the room for a moment. And I don't have anything else. CHAIRMAN McDANIEL: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Subletting; are you going to allow subletting? MR. WRIGHT: Now, that's -- October 8, 2019 Page 209 COMMISSIONER TAYLOR: We need to be very clear about that. MR. WRIGHT: I'm getting a stern no from the client, so we are not allowing -- COMMISSIONER TAYLOR: And it's in the ordinance, or it's written somewhere so that that's prohibited. MR. KLATZKOW: Well, it's not now. You could if you want. COMMISSIONER TAYLOR: Yeah. We need to put it in it if there's an agreement up here, absolutely. COMMISSIONER SOLIS: What's the issue with subletting? COMMISSIONER TAYLOR: Well, if you're renting the apartment and you could sublet it, you could sublet it to somebody coming in for a week or two weeks or a month, if you sublet it. COMMISSIONER FIALA: Airbnb. COMMISSIONER TAYLOR: Airbnb. If the management says that they're not going to rent less than a certain amount of time, if you have a person who's subletting, they can kind of get around that. CHAIRMAN McDANIEL: Traditionally, when I've seen subletting agreements both in residential and commercial, it's subject to the landlord's approval of the tenant that's coming in, and if there's a provision within the -- within the ordinance that prohibits short-term rentals, the subletting could not occur outside the parameters of what the PUD stipulates. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: We wouldn't necessarily -- I mean, from a language standpoint, we would have to defer to the applicant. MR. KLATZKOW: It's a double-edge sword, because, you know, you could lose your job and you're stuck with a lease and you want to get out and you want to be able to sublet it so you can get out, too. CHAIRMAN McDANIEL: Correct. October 8, 2019 Page 210 MR. KLATZKOW: So it's a double-edged sword. CHAIRMAN McDANIEL: And being subject to the landlord's approval would protect against -- I see where you're going because you don't want it to be a day-rental thing. COMMISSIONER TAYLOR: No, exactly. CHAIRMAN McDANIEL: Correct, right. As long as it's subject to the landlord's approval, I think we'd be covered. COMMISSIONER TAYLOR: And management -- what is management -- is management going to be -- who's managing the building? MR. WRIGHT: An HOA will be managing the building, and I understand that Ralph has -- his son may be managing the building, actually. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: Is this a condo, Jeff? MR. WRIGHT: No. MR. KLATZKOW: But an HOA is -- MR. WRIGHT: A property owners association for the common areas, but you're going to have an on-site manager. Yeah, property owners association will be formed for the maintenance, but there will be an on-site manager at the property, and it's -- COMMISSIONER TAYLOR: Are we comfortable with that? I mean, that -- I'm a little concerned. COMMISSIONER SOLIS: Yeah. I mean, if it's rental, there's one owner. You wouldn't need an association. You're just going to have a management company, right? MR. WRIGHT: Correct, correct. COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: Is the management company going to live on site? MR. WRIGHT: Yes, a representative of that company. October 8, 2019 Page 211 MR. CIOFFI: Maybe I should come up. CHAIRMAN McDANIEL: Yeah. I was going to say, we're going -- MR. WRIGHT: Mr. Cioffi. CHAIRMAN McDANIEL: -- around the corner. MR. CIOFFI: Do I need to be sworn again? CHAIRMAN McDANIEL: No. State your name for the record. MR. CIOFFI: Ralph Cioffi. I'm the owner and the builder. First of all, I'm going to own the property. I have no plans on selling it. I have a property management company by the name of Benoit Properties that will go through the rental process. But in terms of managing the property itself, one of my sons will live on site. But I think what Jeff's referring to is the POA for the entire PUD. So we're going to have common-area maintenance for landscaping, maintaining the retention pond and that sort of thing. But for my property itself, my son, Andrew, is going to live in one of the ground-floor units. CHAIRMAN McDANIEL: And, Ralph, with all due respect, we certainly have no qualms with regard to you and your management and your son. It's -- some day you're not going to own it. Some day you're going to have somebody else -- you're going to sell this piece of property. So we want to make sure that the residences and the folks that are there are protected long term. MR. CIOFFI: Right. Well, I hope to own it for a real long time. CHAIRMAN McDANIEL: Forever. MR. CIOFFI: Well, forever's a long time, but I will own it -- CHAIRMAN McDANIEL: Right. So when the use changes, when the owners change, we want to make sure there's stipulations that the short-term rental can't roll in when the next guy comes along, says that that's an okay way to go. Because we know when the October 8, 2019 Page 212 neighbors have issues with the lighting, as did -- the neighbors had issues with the lighting with the storage facilities that were to the south of where you're located, they managed some of that. I don't know if they did it adequately or not, but there was directional manipulation of the lights to reduce the ambient light that flowed back onto the community, so... MR. CIOFFI: Correct. MR. WRIGHT: One other thing I wanted to add to the lease, the way the current stipulation reads, dwelling units shall be rented for no less than 12 months -- month periods, and I think that's written broadly enough to capture any renter who comes in and rents for any period, whether it's a sublease situation. In addition to that, we'll have that private language in the lease agreements that says you need the owner's permission to sublet. CHAIRMAN McDANIEL: Subject to the landlord, right. Okay. Thank you. Any other questions of the applicant? (No response.) CHAIRMAN McDANIEL: No. Let's go to the public speakers then. Thank you, Jeff. MR. WRIGHT: Thank you. MR. MILLER: Mr. Chairman, your first speaker is Steve Bracci. He's been ceded three additional minutes from Teresa Borgione, and she is present. I see her there, and she will be -- or Mr. Bracci, rather, will be followed by Beverly Smith. MR. BRACCI: Good afternoon, Commissioners, on what's obviously a very long day for all. My name's Steve Bracci. I represent Black Bear Ridge. And I've been here a couple times, actually, with respect to the Vanderbilt Commons over the last couple of years. I think the way the presentation was formed, it's a classic case of October 8, 2019 Page 213 looking at the tree and not the forest. You know, stepping back and looking at this Vanderbilt Commons project, it basically consists of a very long retail strip center, a couple hundred yards maybe, even, along Vanderbilt Beach Road, and then on the north side of the road that goes through there, which is a side that abuts Black Bear Ridge. There's a 50,000, I think, square foot mini warehouse facility as well as this other parcel here that's the subject of today. If you look at the -- if you look at the Comp Plan -- we're here both from a Comp Plan perspective, Growth Management Plan amendment, as well as the zoning. So if you look at the GMP, it actually -- the GMP actually requires residential uses over commercial use. So you're not -- usually that would be just a zoning provision. In this particular case, it was in the Growth Management Plan that you would have residential over commercial, because this was supposed to be a mixed-use project and it -- it is absolutely not that. Unfortunately, this is a classic case over the years of divide and conquer on a PUD. They went in. They were never supposed to have mini warehouse. They went in, they get an insubstantial change from staff, convinced them that based on traffic or whatever else that that would be an okay use. Then they came in and they tried to change their retail allotments and allocations and intensities, and now we're back to this last parcel here which is supposed to be residential over commercial or something else, but commercial on the first floor. If you look at the GMP, it says, the intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services, and employment for neighboring and Golden Gate Estates residential areas as well as to promote mixed-use development, and in parentheses, residential uses over commercial uses. They're proposing to strike that parentheses. October 8, 2019 Page 214 It's an important parentheses. It goes on to say the subdistrict is further intended to create a neighborhood focal point, and any development within this subdistrict will be designed in a manner to be compatible with the existing and future residential institutional development in this neighborhood. Well, which part of this project is now going to be a focal point? You have a long retail strip center, then you have a mini warehouse facility that's disjointed from the rest of it. Now we're going to stuff in a 53-foot -- I mean, 53-unit residential unit with nothing on the first floor that would draw people in from the community. It's right next to a Tuffy service station. It's on the back end, the alleyway end of a Winn-Dixie shopping center, and it's right next to a mini warehouse facility. This is the residential capacity they're talking about? It's kind of odd both in its sizing and its location. If you look at the zoning, the zone -- it's 2.3 of the zoning ordinance, the PUD stated that it is -- this subdivision -- or this area was intended -- the PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there. Now, as to the northern part, the part that is north -- the north part, which includes the warehouse and this parcel, it says as to those parcels, it says the north tract is expected to be more office and service oriented. The north tract will likely have both medical and professional offices and some residential units -- uses. Well, where is the medical? Where is the professional? The only place it can go would be on the first-floor commercial on this particular parcel. You're not just approving this particular building application; this is the last step in obliterating the original intent of the PUD. As -- furthermore, when we were at the Planning Commission, counsel said that the justification for doing this now is that this was October 8, 2019 Page 215 originally approved back -- approved back in the 2000s when the planners basically said that, you know, mixed-use residential/commercial was a good idea but now it doesn't work. Well, how does that work out? I mean, we come here -- a lot of times representing HOAs is difficult because we can't afford to get a planner. So you come here, and the first question, well, where is your data and analysis to offset the planner that the developer can afford to hire? Well, a lot of time we can't. But in this case they're actually saying the opposite. They're saying what they represented to the public back in the 2000s by the planners turned out to be wrong. Can we now use this as an example in the future as a way to discredit planners? Because that's what's essentially happening here. You know, in court you have what's called judicial estoppel. Mr. Saunders and Mr. Solis, being attorneys, you probably know that. You can't take dichotomous positions in the same case, but that's what they're doing to justify this. As we move into an era in our community where you're having more pressure put on other uses within residential communities, it's imperative that the Commission looks at these in the front end, because these PUDs, they're barely worth the paper they're written on. They change and they change and they change to the detriment of the residential community adjacent to it. And I would suggest that's what's happened in this case. Thank you. MR. MILLER: Your next and final speaker in this case is Beverly Smith. MS. SMITH: Good afternoon. I want to -- MR. MILLER: Ma'am, can you pull the mic down? MS. SMITH: Oh, sure. I'm Beverly Smith, 7278 Acorn Way in Black Bear Ridge. October 8, 2019 Page 216 I'm going to specify -- I'm going to just focus on certain items here. We've gone over so much today so far. In the original PUD that was approved November 2nd, 2017, we had certain stipulations put in here specifically for Lot 5 and 6. Some of these have not been addressed today. Back in November we sat here with the developer. We've agreed -- we all agreed to what this PUD was going to be, and you approved it. All we're asking is that that PUD be enforced as it was agreed to. And I want to specifically talk about Lot 5 and 6 in Section 3 mixed-use plan area, Page 10, that specifically restricts no outdoor seating shall be permitted. The hours of operation for any eating place shall be limited from 6 to 4 p.m., 6 a.m. to 4 p.m. Loading deliveries shall be from the front entrance only, and the consumption of alcohol is not permitted on these lots. This is for the commercial over the residential. Prohibited also in the PUD, Lots 5 and 6 shall not provide main public access entryways along the northern facade of any proposed building. Now, that northern facade is what butts up on the Black Bear Ridge property line. Now, when this was done, the preserve was what it is today, the 280 feet. Their little bit of 30 feet of preserve behind there was there too. That was all taken into consideration when they prohibited the back rear parking and rear garages or anything, an access road behind that building. From what the builder has -- Mr. Cioffi has explained to us, they intend to put 10 garages and parking on the north side of the building. That is totally prohibited in this. And that will affect us because -- the fact there's no pole lighting, how is he going to adequately light this parking lot in the back of the building with the garages if he's only allowed to go 10 foot up with lighting, which is what it is. October 8, 2019 Page 217 It has been restricted to -- only to be used on the third and the second floors for the residential. Having open -- open patios on the front? How are you going to restrict the other things that are -- that are in this PUD and haven't been addressed today? The screening issue about putting up this it -- I'm sorry. Putting up these walls in Tract C of the preserve, they say it's a 30-foot preserve. Well, since Irma, there's not much left in that preserve but a few pine trees, a few scrub. There's not much preserve in that anymore. We're limited to just two pieces of 6-foot fencing on each side of that plot. We are just asking that the prohibited items and the restrictions that were agreed to in November of '17 that we worked so hard to come up with is that that get enforced, and that's all we're asking. CHAIRMAN McDANIEL: Thank you. That's it? MR. MILLER: That was it, sir; I'm sorry. CHAIRMAN McDANIEL: That's our last public speaker? MR. MILLER: Yes, sir. CHAIRMAN McDANIEL: Okay, good. I'd like to ask a question of staff, if I may. Mr. Weeks? Because one of the things -- as he's coming up, I just would like to share a thought. You know, we regularly talk about intent. And the intent when this PUD was designed and developed was to have commercial with residential across -- around on the top to provide for habitat for employees and so ons and so forth. And I would assume, because there was some description about where the residential was, in fact, going to be, that it would be dispersed throughout the entire project, and it is not, because it -- as has already been shown, the entire project's all commercial. And so this residential is here on this site. Now, has anybody done a calculation with regard to -- if we October 8, 2019 Page 218 were to deny the request and force the commercial to stay on the first floor, how many units would be allowed? MR. WEEKS: For the record, David Weeks of the Comprehensive Planning staff. The density would not change. The allowable density under the Comprehensive Plan subdistrict for this site is 16 units per acre times the acreage of the entire subdistrict. CHAIRMAN McDANIEL: Okay. You say that the density will not change, but if the commercial requisite is not allowed to be withdrawn there's going to end up being a parking issue that would then impact the density because the parking consumption for the commercial would consume units available for the residential, so... MR. WEEKS: Okay. CHAIRMAN McDANIEL: You're better at this than I am. I've got to ask the right question to you, don't I? MR. WEEKS: Let me answer it differently. So what I answer is what the Comprehensive Plan would allow. That would allow that same density. CHAIRMAN McDANIEL: Right. MR. WEEKS: But I think to your point is if you do not approve this amendment, there will still, then, be a requirement that the first floor be developed with commercial; therefore, the end result is there's going to be less physical space in the building to provide residential units. So I think the answer would be fewer units would get built. CHAIRMAN McDANIEL: And did anybody do the calculation if we denied the request for the removal of the commercial to how many units would then be attainable or allowed? That was my question. MR. WEEKS: Okay. Not to my knowledge from a staff standpoint because we don't -- for one thing, staff does not know October 8, 2019 Page 219 what the unit sizes will be. We can know from the -- in the PUD what the minimum unit sizes are. CHAIRMAN McDANIEL: Right. MR. WEEKS: But I would have to defer to the applicant if they've done any site design to answer that question. CHAIRMAN McDANIEL: That was where I was wanting to go, David. I wasn't trying to put you on the spot. You just went around the corner, and I knew I was going to end up with less units up above commercial if, in fact, it was decided that the commercial stayed. Have you figured that out, Jeffrey? MR. WRIGHT: Well, we did run some numbers on the various scenarios given the current uses that are allowed with 58 units and the commercial. And I have Norm here who ran the impact numbers on the traffic impacts, and he has a couple of things he wants to say to summarize that. MR. TREBILCOCK: Thank you. Good afternoon. My name is Norman Trebilcock. I'm a professional engineer and certified planner. And our firm had prepared the Traffic Impact Statement for the project. And so we did look at, you know, scenarios, if we, say, stuck with the 58 units that were allowed and you did some commercial on the bottom floor, and those had been looked at. So if you did, like, 5,600 square feet of a commercial area underneath, you know, that, and you have 58 multifamily units, so you'd have a higher peak-trip generation from the site from that scenario. So we were having, like, 57 p.m. peak-hour trips in that situation versus, when you go down to our proposal, we're at 24 peak-hour trips. So it's, you know, a significant reduction in the trip generation of the site -- CHAIRMAN McDANIEL: Well, the residential -- MR. TREBILCOCK: -- as a result. October 8, 2019 Page 220 CHAIRMAN McDANIEL: -- request is an almost 50 percent reduction in the traffic -- MR. TREBILCOCK: Yes. CHAIRMAN McDANIEL: -- peak trips? MR. TREBILCOCK: Yes, sir. CHAIRMAN McDANIEL: And then my question -- and this goes back to Jeffrey, because this -- thank you for the trip side. MR. TREBILCOCK: Yes, sir. CHAIRMAN McDANIEL: But I'm still trying to get to the end, the total number of units in relationship to the commercial requisite on the first floor. MR. WRIGHT: Well, we know that by reducing -- by eliminating the commercial on the bottom and reducing the number of units on the top, it's a lot less impacts to the neighbors to the north. To the whole county it's a less impactful project. It's less dense. And one of the things that we did stipulate to in the ordinance is to -- there's some excess commercial. Right now it's all built out. The commercial's all built out, and there's $25,000 -- 25,000 square feet of excess commercial, and we have stipulated to cap it at that number. Currently you're allowed to have 200,000. So if we use all the commercial that's there -- left in the PUD today and enjoyed the full 58-unit density, we'd have a far more impactful project in terms of -- CHAIRMAN McDANIEL: Would you be able to fit a far more impactful project on this, though? MR. WRIGHT: Well -- and we haven't really gotten into the exact design of it. But I think that by adjusting unit sizes you could; however, one of the concessions that we made to alleviate the neighbors' concerns was to make the units bigger and reduce the number. So we really have tried to come up with hard, objective, measurable improvements that will make it better for the abutting October 8, 2019 Page 221 property owner. CHAIRMAN McDANIEL: Commissioner Saunders? COMMISSIONER SAUNDERS: With the restrictions that were just outlined in terms of the commercial, for example, hours of operation of a restaurant 6 a.m. to 4 p.m., no sale of alcoholic beverages, what kind of commercial do you think actually could go in there on that first floor with those types of restrictions that exist now? COMMISSIONER SOLIS: Four p.m. is what it says right now? CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: Yeah. I can't imagine a restaurant going in there with -- having to close at 4 p.m. and not being able to sell alcoholic beverages. So it would be a breakfast place, perhaps -- CHAIRMAN McDANIEL: Breakfast/lunch. COMMISSIONER SAUNDERS: -- obviously. MR. WRIGHT: It would seriously limit the number of uses that you can do if they had to comply with all those provisions. And we do have something within the PUD ordinance that says in the event that Lots 5 and 6 are developed with commercial, those same restrictions would apply. So that is an adjustment, the slight amendment that we've made as part of this effort to get rid of that configuration mandate. CHAIRMAN McDANIEL: I have no more questions. COMMISSIONER SAUNDERS: I have no other questions at this moment. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: Well, let me go back for a second. When we were meeting, part of the issue was that there's too much commercial in that corner, part of the intersection of those two major roads there. How much commercial is there with the shopping center and your commercial, and how much of that is vacant? October 8, 2019 Page 222 MR. WRIGHT: My understanding right now is that there is approximately 160,000 square feet of commercial that has been used and exercised out of the total allotment of 200,000. And what we did was we added a little bit of a buffer in coming to that cap of 175-, but -- so that's where they're at. There's some excess commercial, and that's what we're comfortable eliminating, whatever excess there may be. CHAIRMAN McDANIEL: And this use adjustment is about a 50 percent reduction in peak-hour traffic? MR. WRIGHT: Yes. According to Norm's scenario, exactly. I'm not a traffic expert, but I trust his numbers. I have them right here in front of me, so -- he's the best in the business. CHAIRMAN McDANIEL: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: So I think from this conversation, and I direct it to Mr. Wright but also to this board, I think it's very, very difficult -- I know what the dream is. I know what the concept was, and I'm empathetic to that, very empathetic, but the reality of the situation with the restrictions, it's hard to decide to get these businesses in there that would -- CHAIRMAN McDANIEL: Function. COMMISSIONER TAYLOR: -- function for the neighborhood, like a small restaurant or, you know, something like that. I understand at one point there was a thought about putting a Starbucks on it. That was ixnayed because people didn't want the traffic. So what we have is less traffic, more residential, less impactful for the neighborhood versus commercial which might stay vacant, might not but, if it was filled, would be double the traffic. I don't know. This is -- this is -- to me it's a situation where I just -- we can't legislate the kind of businesses to go in there unless we release all the restrictions on it. October 8, 2019 Page 223 CHAIRMAN McDANIEL: You can't do that. MR. WRIGHT: I think that there was a -- and I've heard this at the neighborhood information meeting and elsewhere that there was this vision that it was going to be Mercato-like in its inception, and here we are many years later and it's not. And we fully concede that. But we do want to make sure that it maintains that mixed-use character by introducing this residential, and we believe that we'll meet that intent. We'll have both in the PUD as was originally intended. CHAIRMAN McDANIEL: Any other questions from the applicant? Commissioner Taylor. COMMISSIONER TAYLOR: That was it. CHAIRMAN McDANIEL: That was it. COMMISSIONER TAYLOR: My comment. CHAIRMAN McDANIEL: I'm looking to you, sir. COMMISSIONER SAUNDERS: Yeah, I'll make a quick comment. You know, we've been very reluctant to -- I understand that it was indicated that these PUDs are getting changed and being altered completely, and that's just not the case. We have altered PUDs, and we've always done that with the belief that the change was less impactful than what was already approved, and we had one of those on the apartment complex just a couple weeks ago. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: And Commissioner Solis indicated that -- and I agreed -- that if we made the change that the impact would be less than if we left the PUD the way it was. You know, this is not going to be what the community wants to hear, but I think this is similar to that situation again; that we're not negatively impacting the community by approving this. We are making some changes that I think would actually be less impactful. October 8, 2019 Page 224 The fact that you can't have patios on the back of those units facing Black Bear Ridge, I think, is a huge issue, because if you can imagine two floors of apartments with balconies on them, that would be much more impactful than I think two floors without balconies. And my understanding is that right now if we don't make this change that you can have balconies on those upper units; is that correct or is that incorrect? MR. WRIGHT: My understanding is you could; you could. COMMISSIONER SAUNDERS: Yeah. So if you can imagine two floors of residential with balconies, barbecue pits, whatever people put on their balconies, and playing some music or whatever at 9:00 or 10:00 at night, obviously they're going to have to be careful with offending their next-door neighbors, but you could have light and all kinds of activities on these patios that I think could have an impact on the community. You eliminate that. Sure, you're going to have some parking in the back, but with a commercial operation there, I can't imagine that you wouldn't have some access to the back of the building. You'd still have that. The question was, if you put lighting in, the lighting can only be elevated about 10 feet. And someone said, well, how does that light the parking lot? Well, the obligation of the developer will be to light the parking lot, or the back of the building -- for safety it has to be lighted -- but that light can't spill over into the neighborhood. But you have 285 feet between those 10-foot-high lights facing the building and aimed to eliminate the spillover. I don't think you'd have any ability of seeing that that far away, especially with the buffering. So I know this is not going to make the neighborhood happy, but I think this is a better proposal than what you have right now. So I'm going to make a motion to approve this, both elements. I think that it's a less impactful impact on the neighborhood than what's permitted October 8, 2019 Page 225 right now. COMMISSIONER TAYLOR: I'll second it. CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we approve 9A and B. Is there 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. WRIGHT: Thank you. CHAIRMAN McDANIEL: Now we're going to take a 10-minute court reporter break. I'm sorry. I pushed you. COMMISSIONER SAUNDERS: So back at 5:30? CHAIRMAN McDANIEL: No. Cut it out. 5:10. I'm going to give 11 minutes; how about that? (A brief recess was had from 4:58 p.m. to 5:10 p.m.) CHAIRMAN McDANIEL: Sorry about that. I pushed you out a little bit. COMMISSIONER TAYLOR: You doing okay? You're a real trooper. CHAIRMAN McDANIEL: We're supposed to do the court reporter breaks on the hour-and-a-half mark, and I pushed you out to two. All right, County Manager. I think we have a housekeeping item that we need to mind. MR. OCHS: Yes, we do. October 8, 2019 Page 226 Item #11A ACCEPT THE STAFF ANALYSIS ON THE FLOW PATTERNS AND CONTROL ELEVATIONS IN THE COPE LANE AREA, WHICH IS WITHIN THE LELY AREA STORMWATER IMPROVEMENT PROJECT BOUNDARIES - MOTION TO CONTINUE TO THE NEXT BCC MEETING (OCTOBER 22, 2019) – APPROVED MR. OCHS: Commissioners, we've had a request to continue Item 11A, which was the staff report on the Cope Lane area. Several of the residents that were scheduled to be here couldn't be here, so with the Board's -- COMMISSIONER SAUNDERS: Move to continue. MR. OCHS: -- approval, we'll continue to the next meeting. CHAIRMAN McDANIEL: It's been moved. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: And seconded that we continue Item 11A. Are we going to set it for our next meeting? MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we continue 11A to our next stated communication. 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. October 8, 2019 Page 227 CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: Commissioner Fiala voted in favor of, even though she wasn't in her seat. Item #9C AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS; TO ADD AIRPORT LAND USE RESTRICTIONS; TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS; BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS, SECTION 5.06.00 SIGN REGULATIONS October 8, 2019 Page 228 AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.06 PROHIBITED SIGNS; AND APPENDIX D AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE - MOTION TO APPROVE THE FIRST READING – APPROVED MR. OCHS: Mr. Chairman, we move on to Item 9C. This is a recommendation to amend the Collier County Land Development Code to do two things. One is to establish a restriction zones and an overlay map for your Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark, and the Immokalee Airport. Again, that's to add a review process for airspace obstructions; and, secondly, to make some changes to allow additional pricing signage for facilities with fuel pumps and to allow electronic fuel pricing signs. Staff's available to make a presentation if the Board would like it or to answer questions. COMMISSIONER TAYLOR: I'd like to move approval. I mean, this -- COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the phenomenal presentation and that we move forward as recommended by staff. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. October 8, 2019 Page 229 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: Best one of the day, Jeremy. CHAIRMAN McDANIEL: Good job. MR. OCHS: This takes us to Item 10, Board of County Commissioners. Item #10A RESOLUTION 2019-194: A RESOLUTION SUPERSEDING AND REPLACING RESOLUTION NO. 92-329 IN ORDER TO INCLUDE VAPING IN THE NO-SMOKING POLICY FOR ALL COLLIER COUNTY BUILDINGS – ADOPTED MR. OCHS: Item 10A is a recommendation to adopt the resolution superseding and replacing Resolution No. 92-329 in order to include vaping in the no smoking policy for all Collier County buildings. COMMISSIONER SAUNDERS: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: I have a question of the -- just as -- just a clarification. Are we going to limit the capacity of those that choose to vape to the same areas that we have designated for those who choose to smoke? We're just not allowing -- we're going to prohibit vaping within government buildings and such? MR. KLATZKOW: It's within buildings. COMMISSIONER FIALA: Did you say that? October 8, 2019 Page 230 CHAIRMAN McDANIEL: Yes, I did. MR. OCHS: Yes, that's the intent, Commissioner. The designated outdoor smoking areas you can vape. CHAIRMAN McDANIEL: So for those who choose to utilize that -- we're not banning vaping. COMMISSIONER TAYLOR: You disagree. CHAIRMAN McDANIEL: We're just -- MR. KLATZKOW: This is just within buildings. CHAIRMAN McDANIEL: Yes, correct. Fine. It's been moved and seconded that we -- we approve this item for -- and adjust the resolution for the smoking ordinance. Any other discussion? COMMISSIONER FIALA: Yeah. I just wanted to ask, why would we allow vaping? Just out of curiosity's sake, being that they're showing that there's so many, you know, accidents that can happen with that. Am I missing something? COMMISSIONER SAUNDERS: We are preempted from really regulating smoking except for in our own facilities. And so, for example, we couldn't say that you can't vape out in public because you can smoke in public, and, so... But I think this is as far as we can -- COMMISSIONER FIALA: Oh, I see. Okay. CHAIRMAN McDANIEL: We all know it's relative -- there is an opportunity for poor health circumstances, but we certainly don't have the power here to legislate folks away from it even though this might not be such a great idea. COMMISSIONER FIALA: In our own building. CHAIRMAN McDANIEL: In our own building we can. MR. OCHS: You can. Not outside of your buildings, on your grounds. CHAIRMAN McDANIEL: In our own building, but not while October 8, 2019 Page 231 they're out on their own. COMMISSIONER FIALA: That's what I was asking. CHAIRMAN McDANIEL: Okay. 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. Item #10B DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR FUTURE CONSIDERATION AN ORDINANCE ESTABLISHING A BAN AGAINST CAST NET FISHING AT ANN OLESKY PARK ON LAKE TRAFFORD – APPROVED MR. OCHS: Item 10B was previously Item 16H1. This is a recommendation to direct the County Attorney to advertise and bring back for future consideration an ordinance establishing a ban against cast-net fishing at Ann Olseky Park on Lake Trafford, and Commissioner Taylor brought this forward. COMMISSIONER TAYLOR: And just briefly, while I appreciate the fact that I don't live there and -- but I have actually witnessed folks fishing with cast nets for food. I watched it. I've watched them their nets and put their food in coolers, the fish they catch. So I'd like to see if there wasn't something so Draconian that we October 8, 2019 Page 232 could do up there to minimize the litter from the fish that are left behind. You know, maybe there's some warning signs. Maybe there's some kind of enforcement initially, and if it doesn't work, I certainly respect the idea that alligators like to eat fish, and if you're going to leave it on the side of the lake out there, they're going to kind of go to it. But at this point I would hate to see us ban cast netting when people actually have used it for nutrition. Excuse me. I can't even talk right now. CHAIRMAN McDANIEL: Did you get the letter from the CRA of Immokalee recommending support of this ban? COMMISSIONER TAYLOR: Uh-uh. CHAIRMAN McDANIEL: Did you get the letter from Ski Olesky, the owner of the marina at the end? COMMISSIONER TAYLOR: You know, I get it, but I still have watched people cast net, and these people cannot afford a boat. You know, there's -- they can't afford -- you know, maybe they've got fishing -- they could fish, but cast netting gets a lot more fish. CHAIRMAN McDANIEL: Well, I would like to -- I asked Sue, and maybe she did hear me or I wasn't clear, but I had asked the letter of support coming from the Chamber of Commerce of Immokalee, the CRA of Immokalee -- this has been a long time discussed and has been going on. I've got letters of support from our Chamber of Commerce and from the CRA, and this suggestion works well for the community, so... COMMISSIONER FIALA: Make a motion. CHAIRMAN McDANIEL: Commissioner Saunders was first. COMMISSIONER SAUNDERS: Yes. I was just going to say, this was just to bring back an ordinance so we can have that conversation about whether we should impose it. Let's bring the ordinance back and see what the public has to say. October 8, 2019 Page 233 CHAIRMAN McDANIEL: This is the first -- COMMISSIONER TAYLOR: Step. CHAIRMAN McDANIEL: This is the first step in the process. Then we'll have a reading and have discussion, and I'll be able to introduce those letters of support as well. MR. KLATZKOW: Yes, sir. CHAIRMAN McDANIEL: It's been moved to -- COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: And seconded that we proceed on with the recommendation to ban cast netting in the park. 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. Item #11B RESOLUTION 2019-195: THE PROPOSED COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2020 AND ADOPT THE ATTACHED RESOLUTION – ADOPTED MR. OCHS: Item 10B is a recommendation to approve the proposed Collier County state and federal legislative and October 8, 2019 Page 234 administrative priorities for 2020 and adopt the attached resolution. Mr. Mullins is available to present or respond to questions from the Board. CHAIRMAN McDANIEL: Do you want a presentation? COMMISSIONER SOLIS: No, sir. CHAIRMAN McDANIEL: Discussion? I've read it. COMMISSIONER SAUNDERS: Move to approve. COMMISSIONER SOLIS: Second. COMMISSIONER TAYLOR: The only thing I have a problem with -- it's not in front of me -- is the one where they're talking about limiting the environmental community to two years in projects. And I understand it; I get it. But if we've learned anything from what is going on with our waterfront and our dead dolphins, you know, rolling up into the beaches and all the things that we have done to the environment, I just have a problem with that one, so I just wish it wouldn't be one of our priorities. I think -- I think -- I think the environment is critical to our future -- our economic and commercial future of Florida. And I understand it can be used as a tool. I'm not convinced that -- I'm just not convinced with this particular recommendation used as a tool for delay, pardon me. I'm just not convinced that this is -- this is -- CHAIRMAN McDANIEL: Do you have any response to that, John? MR. MULLINS: Basically, what she's referring to is the one federal decision memorandum of understanding, which several agencies agreed to in the past after the Trump administration came to D.C., and it streamlines the environmental review process and tries to get a decision down below two years. Now, that is also an interim agency policy that is in place right now. The legislative priority is around the permanency of that and having Congress make that a part of the infrastructure act that they October 8, 2019 Page 235 have pending before them now. CHAIRMAN McDANIEL: Gotcha, okay. So, necessarily, there's more to come? MR. OCHS: Staff supports that, obviously. CHAIRMAN McDANIEL: Right. Any other discussions? (No response.) COMMISSIONER FIALA: I didn't have any problems with it. CHAIRMAN McDANIEL: Did I get a motion to approve these legislative priorities? MR. MULLINS: Mr. Chairman, if I could add to that, I would also like to have the Chair authorized to draft any position letters on behalf of the Board as needed for those issues and projects outlined in the priorities document. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make that motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER TAYLOR: I'm going to oppose for reasons stated. CHAIRMAN McDANIEL: 4-1. MR. MULLINS: Thank you. Item #11C October 8, 2019 Page 236 DIRECT STAFF ON CHANGES, IF ANY, REGARDING STANDARDS FOR BOARDING OF HORSES IN THE ESTATES ZONING DISTRICT - MOTION TO CONTINUE TO A FUTURE BOARD MEETING AND ENGAGE COMMUNITY CIVIC ASSOCIATIONS – APPROVED MR. OCHS: Item 11C is a recommendation to direct the staff on changes, if any, regarding standards for boarding of horses in the Estates zoning district. Jeremy Frantz is here to make the presentation. MR. FRANTZ: And I do have one registered speaker, Mr. Chairman. MR. OCHS: Go ahead, Jeremy. MR. FRANTZ: Jeremy Frantz with the Zoning Department -- or Zoning Division. So I can just make a brief presentation. You asked us to come back with an explanation of how horse boarding is currently regulated by the LDC. So, essentially, on properties that are greater than 20 acres in size, in the rural agricultural district it is a permitted use for commercial stables. On properties less than 20 acres in size, it's a conditional use for commercial stables. It would be a permitted use if it's for personal use only. It was limited to two horses per acre. CHAIRMAN McDANIEL: That's within the Estates zoning classification as well is two horses per acre. MR. FRANTZ: No -- sorry, yes. In the Estates it's an accessory use only to have horses on your property limited, again, to two horses per acre. And there's some minimum setbacks from adjacent residential properties. There's a lot of words on the page here, but the message is really October 8, 2019 Page 237 just that in the Growth Management Plan we have pretty tight limitations on what kinds of nonresidential uses can be located in the Estates and where they can be located. And if the Board desires to move forward with an expansion of horse boarding in the Estates, we think there's a number of issues that should be vetted through the normal public process of an LDC amendment or a GMP amendment if necessary. And that's all I have for you. So if you have any questions or directions... CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: I, you know, was a little confused about how we were going to go about this, and then I saw your chart which referenced other counties that are doing this. And I was particularly interested in the Village of Wellington because if anybody does it well, they do it well there. So I hope -- I would support this going forward. I think we need to explore this. To me it's such a wonder fit to have that possibility in Golden Gate and to increase the -- you know, the amount of stalls that can be built there. So I would support this. I think this is your issue, sir. COMMISSIONER SAUNDERS: Well, I brought it forward, and I'm going to suggest -- I know that the civic association is vociferously opposed to this as well as, I'm sure, a lot of Golden Gate folks are. It's late. I want to suggest that we just continue this generally so we can perhaps schedule, at some point down the road, maybe a workshop or get some more information. But to try to make a decision today, I think would be -- just would not be the right thing to do. So I'm going to suggest that we continue this generally, not to a specific date. Let me get back with some more information and get October 8, 2019 Page 238 with staff, and then we'll bring something back and meet with the Golden Gate Civic Association as well. CHAIRMAN McDANIEL: I'll second that motion. And I had -- on my Monday meeting with staff, I had suggested -- I hadn't even heard from Mike or anybody else. But I'm quite familiar and intimate with horse boarding and there is -- COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: There are positives and negatives. We've had a lot of history with this use throughout Collier County for a long time. So -- and I suggested that we reach out -- there is an organized homeowners association in the old Unit 29 down off the parkway, there is an organization homeowners association over on Oaks Boulevard, and there was a start of a homeowners association off of Logan at one time. COMMISSIONER FIALA: Beck Boulevard, too. CHAIRMAN McDANIEL: I'm sorry? COMMISSIONER FIALA: Beck Boulevard, too, right? CHAIRMAN McDANIEL: Beck? COMMISSIONER FIALA: Beck Boulevard, yeah. CHAIRMAN McDANIEL: That's not in the Estates, is it? COMMISSIONER FIALA: Well, no. It's probably in East Naples. CHAIRMAN McDANIEL: Yes. And so predominately this is having to do within the Estates-zoned lands. So I wanted to reach out to those four -- and, of course, the Golden Gate Civic Association. And just as a thought, we could have some discussion about -- because we trifurcated Golden Gate and delineated urban Golden Gate Estates, Golden Gate City "the," and Rural Golden Gate Estates. Maybe we could have some discussion. Of the four homeowners associations, three represent in the Urban Golden Gate Estates, and the Rural Golden Gate Estates can have their own gig if, in fact, they October 8, 2019 Page 239 chose to. So it's certainly -- that's what I'd like to see. I'd support the continuance and direct staff to reach out to those groups specifically. COMMISSIONER FIALA: And could they reach out to us and tell us and -- I didn't see any reason why they objected to it. It sounded okay to me, you know. CHAIRMAN McDANIEL: Well -- and I'm going to share with you a couple of things. Folks -- there are -- we have -- we were shown the allowances of horse-boarding facility that are currently existent businesses within Collier County that have adhered to the ordinances that we have that are ongoing businesses. And if we were to magnanimously open up a large sector to compete with those that are already conducting business, there would be a detraction of ongoing business efforts now, one. Two, in the Eastern Collier County, specifically in Golden Gate Estates, we don't have as much infrastructure to support traffic comings and goings. And with these commercial leasing operations, sometimes there's events, there's lessons, there's horse shows. There's all kinds of things that can transpire, and we've had those issues in the past, and we don't have the infrastructure in Eastern Collier County to support those kind of activities, so... COMMISSIONER FIALA: The reason I'm clue -- or, like, chiming in on this just a little bit, when we had that big fire a couple years ago and the guys over on Beck Boulevard, those ranches back there, and they have many, many, many horses. And they called out, and within half an hour, everybody was bringing their horse traces in to help -- horse trailers in to bring those horses back. I thought, it sounded like it's a movie. You know, it was -- it gives you goose pimples and everything to see how they were doing that. So I was wondering how it would affect those people. CHAIRMAN McDANIEL: Well, those are the ones that I was -- some of those ones are actual commercial horse-boarding October 8, 2019 Page 240 facilities that are on agriculturally zoned lands not within the Estates. COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: And so it's -- and they meet criterion of 20 acres and so -- and have gone through the processes to become an ongoing business. COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: Do you want to speak or you want to -- MR. RAMSEY: Yes. CHAIRMAN McDANIEL: -- speak, or do you want to talk us out of the continuance? MR. RAMSEY: No, I want to speak and talk you into the continuance. It will be quick. I know it's late. CHAIRMAN McDANIEL: You're our only registered speaker. MR. RAMSEY: I know it's quick -- I mean, I know it's late, and I'll be quick because I'm dog tired, too. So my name is Mike Ramsey. I'm the president of the Golden Gate Estates Area Civic Association. In regards to this issue, two quick things I'd like to point out to also continue in the discussion and the debate and to include in this. One, since this has come out, we've had -- I've had many discussions, a lot of my people trying to understand that horses are not tied to the Right to Farm Act and are not considered bona fide agriculture anymore under the current rules in Collier County. Since 2006, I think the federal government and also socially it's not considered legally and properly to process horses for food. So because of that issue, horses are not included in the food and fiber stream considered to be bona fide agriculture deserving of an ag exemption under DOR. So I hope we get that cleared up out in the Estates, too, because this is not a -- this is a historical ag use legally. The last thing is, and I agree with McDaniels (sic) -- October 8, 2019 Page 241 Commissioner McDaniels, currently the infrastructure's borne out by the AUIR. It doesn't support retail business in the Estates promoted by the proposal of commercial boarding. And last, we have a concern because of prior issues. We went through the 20-acre hog issue in the past. That was an issue with neighbors and sound and noise and other things, but from that we learned that we need to have a concern about an organic waste nutrient stream flow into the groundwater and surface water. So based on the issues that's been happening since -- the last two years with blue-green algae, we think this should be included in the discussion about water quality and the increase in the nutrient flow into the surface water because we've had some interesting discussions about the Estates' involvement in chemicals or contaminates going into Naples Bay, and I'd like for that to be a little bit more understood. So those are my two or three things, and thank you for your time. CHAIRMAN McDANIEL: Thank you. COMMISSIONER TAYLOR: I think that the challenge with the nutrients going into Naples Bay is your septic tanks. CHAIRMAN McDANIEL: No, not in Eastern Estates. COMMISSIONER TAYLOR: It's still part of groundwater. CHAIRMAN McDANIEL: It's not in Eastern Estates. COMMISSIONER TAYLOR: No septic tanks there? CHAIRMAN McDANIEL: There are septic tanks there. And just to fortify the point -- and we're going down a different rabbit hole, but I just want you to segregate. I engaged our Pollution Control team to go do studies and test the effluence from human activity all the way in. Because I was going to -- I was going to promote an ordinance to elevate the requirements for the highest and best science for new septic tank. We're 50 percent built out in October 8, 2019 Page 242 Golden Gate Estates, and we're using technology from a hundred years ago. And I was going to develop an ordinance to dictate that the second half of the development required the highest and best science. Our Pollution Control team came back and said, we can't support your ordinance. Jeff and I worked on it for months getting that ordinance -- well, maybe -- look at him, he's looking at me. We worked on the preparation of that ordinance for months. And then -- and when staff said they couldn't support my thought process, my thought process -- now, get west of 951 into Golden Gate City where you move into six units an acre and 70 percent of the community's on septic tank, that's a whole 'nother discussion. But Eastern Collier County, no. The dispersal of the two-and-a-half-acre lots is sufficient to let Mother Nature do its job. So, with that, it's been moved and seconded we continue this item and engage the communities, the civic associations. Good with that? COMMISSIONER SOLIS: Yeah. They've been in Pine Ridge for decades. We love them. Yeah -- sorry. CHAIRMAN McDANIEL: That's okay. I was going to get to telling another story, but I won't. 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: Aren't they also on the other side of October 8, 2019 Page 243 Livingston Road; isn't there a bunch of them? COMMISSIONER SOLIS: Yeah, there's -- COMMISSIONER FIALA: I've never been back there, but I heard about it. CHAIRMAN McDANIEL: How we doing? COMMISSIONER TAYLOR: Just a matter of time. Item #11D AWARD INVITATION TO BID NO. 19-7615, CONSTRUCTION OF BIG CORKSCREW ISLAND REGIONAL PARK – PHASE I, TO ASTRA CONSTRUCTION SERVICES, LLC, IN THE AMOUNT OF $45,065,454 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT – APPROVED MR. OCHS: Item 11D is a recommendation to award a contract for construction of Big Corkscrew Swamp Island Regional Park Phase 1 to Astra Construction Services, LLC, in the amount of $45,065,454 and authorize the Chairman to sign the agreement. Mr. Carnell is available to make a presentation or respond to questions from the Board. CHAIRMAN McDANIEL: I'd love to have a big presentation and go on and on about how wonderful this is, but I don't think we need to. So I'm going to make a motion for approval. COMMISSIONER SAUNDERS: Second. MR. MILLER: Mr. Chairman, I do have one registered speaker. COMMISSIONER TAYLOR: Going to talk us out of it? MR. RAMSEY: We are 100 percent in support of this. Mike Ramsey, president of the Estates Civic Association. Go, go, go. CHAIRMAN McDANIEL: Take no prisoners. Leave none standing. It's been moved and seconded that we approve 11D as October 8, 2019 Page 244 requested. 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. MR. CARNELL: If I could just briefly commend your Facilities Management and Procurement staff. This thing was extremely complicated and laborious, and we landed on our feet with an excellent bid and excellent contractor. Looking forward to it. CHAIRMAN McDANIEL: Thank you to those who participated in that. And I see Ted back there. Not Dan. Ted. Item #11F AWARD INVITATION TO BID NO. 19-7616 “DEEP INJECTION WELL FOR COLLIER COUNTY LANDFILL TO YOUNGQUIST CONSTRUCTION INC., IN THE AMOUNT OF $6,788,782, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONSTRUCTION SERVICES AGREEMENT – APPROVED MR. OCHS: All right. 11F is a recommendation to award a contract for a deep injection well for the Collier County Landfill to Youngquist Construction in the amount of $6,788,782 and authorize the Chairman to execute the construction services agreement. October 8, 2019 Page 245 COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve as recommended. 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: Good presentation, again, Kari. MS. HODGSON: Thank you. Item #11G DIRECTION TO THE COUNTY MANAGER REGARDING THE OUTSTANDING INVOICE IN THE AMOUNT OF $326,178.24 FOR RELOCATING THE CITY OF EVERGLADES’ UTILITIES DURING THE REPLACEMENT OF THE CHOKOLOSKEE BRIDGE - MOTION TO FORGIVE THE INVOICE AMOUNT (OPTION 3) – APPROVED MR. OCHS: 11G is a recommendation to provide direction to the County Manager regarding the outstanding invoice in the amount of $326,178.24 for relocating the City of Everglades utilities during the replacement of Chokoloskee bridge. October 8, 2019 Page 246 Commissioners, this was a project that the county constructed a few years back where we had an interlocal agreement -- it's part of your packet -- with the City of Everglades City that they would reimburse the county for expenses incurred to relocate the city's utility lines on that project. So that cost is reflected here, and we've since billed the city. I received a correspondence that's in your packet from the mayor saying that they did not -- they were not in a position to provide the repayment, so we've, essentially, offered a couple of options here to the Board. Mr. Chairman, one would be to forgive the debt, and the second would be to try to negotiate some kind of a repayment plan with the city knowing that the mayor has indicated they don't have the funding right now. CHAIRMAN McDANIEL: Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, I know we're not in the habit of giving away money, and I understand that, but Everglades City has been through so many problems and been hit so hard, not only by some of the actions of previous people, but then they get hit with a hurricane that's monumental. None of us got hit as hard as Everglades City. They're still trying to recover. They're just a teeny little place with very few taxpayers. And when they don't even have a house to pay taxes on because they're still rebuilding, I think that we ought to -- some people in our own county office are really good at finding some money. You know, a nickel here, nickel there, nickel everyplace. I think we ought to foot the bill somehow and take care of them. COMMISSIONER TAYLOR: Is that a motion? COMMISSIONER FIALA: Yes. COMMISSIONER TAYLOR: I'll second it. CHAIRMAN McDANIEL: Or I could, but that's okay. That's October 8, 2019 Page 247 exactly what I was going to say. COMMISSIONER FIALA: Oh, I read it. CHAIRMAN McDANIEL: Well, within reason of -- I wouldn't have said it that way, but that's where I wanted us to go. I mean, I've been working with those folks forever on this circumstance and, really, the only other answer to this is litigating, and I'm not going to do it. COMMISSIONER FIALA: And it's your district. You made the motion. I just said your words. CHAIRMAN McDANIEL: That's okay. COMMISSIONER SOLIS: Well, I mean, I think the options are forgive it or try to negotiate something. CHAIRMAN McDANIEL: I've been negotiating for a year, so I'm going to make a motion that we forgive it. COMMISSIONER TAYLOR: Second. And may I add that -- COMMISSIONER SOLIS: I think this merits discussion because -- CHAIRMAN McDANIEL: Okay. I'd be happy to discuss it. It's been moved and seconded that we take Option B here and forgive the indebtedness. Now we'll open up for discussion. Commissioner Solis. COMMISSIONER SOLIS: I mean, it's -- I mean, it's a municipality. I feel for them, but it's a municipality. They've had their issues running their municipality; I understand that. I mean, I think there has to be some involvement from the municipality; some. I mean, you know -- and I'm not saying it's -- there has to be some contribution to this; something. And it doesn't feel right to me to just forgive. I mean, it's a -- they've got their own -- COMMISSIONER FIALA: Maybe this will allow them to get a steady footing for the next bill that's coming up, you know. There's -- I'm sure there will be many more. October 8, 2019 Page 248 CHAIRMAN McDANIEL: They just -- and, Commissioner Taylor, your light is lit. Do you want to go next? And I'll share what went on Tuesday night at the Council meeting. I was there in Everglades Tuesday night. COMMISSIONER TAYLOR: Everglades City is still digging the muck, the polluted muck out of their city. They don't have enough money to repair the streetlights in the town. This was signed by the former mayor without knowledge of the Council. When the Council reconvened after the mayor change, they were told by the former mayor that they had $6 million in reserve. They found out that also was incorrect. Then they got hit by Irma, which Commissioner Fiala said, and they are struggling to become solvent. They are raising the rates of the water and sewer down there because they need to. They wanted to replace the water plant. But the fact that they didn't even know as a council that the former mayor had signed this, and as some of them said, if it had been me, I would have done it very differently. I never would have done this like this. I just think we need to kind of -- compassion is called for, not -- CHAIRMAN McDANIEL: It's compassion and -- COMMISSIONER TAYLOR: -- not the rule. CHAIRMAN McDANIEL: -- pragmatism at the same time. I mean, I'm the pragmatism side. There is compassion. But, you know, there again, the prior mayor -- the prior mayor obligated the city for the indebtedness, didn't follow the charter of the city with regard to his conveyance of that information and obligation to the residents or to the balance of the Council. And I have been quietly working through the system to try to induce them to make some kind of a payment plan. The problem with -- and you're okay, but there is -- lawyers are entitled to their opinions, and there is the question with regard, if you -- if you make any kind of a payment towards an obligation and your counsel is October 8, 2019 Page 249 telling you that they have defense for you to not pay the indebtedness and you make any kind of an act -- any kind of an acquiesce to the indebtedness, then you're obligated for the indebtedness. And their lawyer is telling them that they're not obligated legally for the indebtedness. Right or wrong, but that's the position that they're in. COMMISSIONER FIALA: How many people are in Everglades City? CHAIRMAN McDANIEL: Less than a thousand. COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: And they did, Tuesday night, raise the rates on their water and sewer. First time in sewers in -- 1991 was the last time they had a sewer rate increase. COMMISSIONER TAYLOR: And explain how much they raised it. CHAIRMAN McDANIEL: It was more than a double. It was a 200 percent increase in sewer rates from what they were set for in 1991. Now, they have a consent order that they are operating under. The 45-day trigger's been set on them with the DEP with regard to compliance with the consent order, and this was one of the requisites that they had to do to show that they had the financial worthiness to continue on. They're working with the legislature to get money to replace the wastewater facility which we all know is in dire need of being replaced. So I think this -- I don't disagree with what you're saying in some form or format, but any kind of an act -- any kind of an agreement to would obligate them for the entire amount, so... COMMISSIONER SOLIS: No, but, I mean, I think an option would be some lesser amount. I mean -- CHAIRMAN McDANIEL: Yeah, no. COMMISSIONER SOLIS: Or some -- you know, I'm not October 8, 2019 Page 250 suggesting the whole thing or even the majority of it. I'm just saying it just seems to me that -- CHAIRMAN McDANIEL: I gotcha. Commissioner Saunders? COMMISSIONER SAUNDERS: I was just going to say, the grinch at the right side of the Board has a good point -- CHAIRMAN McDANIEL: What did you call me? COMMISSIONER SAUNDERS: I mean, not really a grinch. No, I was saying the grinch at the far end. I'm going to support this, but I would be very careful going forward with any additional -- COMMISSIONER TAYLOR: Agree. COMMISSIONER SAUNDERS: I understand the economic problems there, but as Andy said, they are a city, and I'm willing to go with this one, but I'll be unlikely to go with any additional ones. COMMISSIONER SOLIS: There are some other -- I mean, the utilities, I mean, we've been involved in a lot of these issues, and I just don't want there to be the impression that, you know, anything now is going to be this way. I think there has to be some sharing of responsibility, so... CHAIRMAN McDANIEL: I don't disagree with that thought, but there's a lot more to this pie than just, in fact, that, but -- COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: And, again, it's, you know, constant communication with myself and Commissioner Taylor and the mayor and the entire swap-out of the Council and the things that we've got going on. I mean, two years ago when I became commissioner, nobody went to their council meetings. That room's packed now, and the community's engaged and involved. We've got a lot of really good things happening, so... October 8, 2019 Page 251 COMMISSIONER TAYLOR: There was no need to go two years ago -- CHAIRMAN McDANIEL: Well, because of the dictator. COMMISSIONER TAYLOR: -- to the council meeting. The decisions had already been made. CHAIRMAN McDANIEL: Correct. The dictator was doing what he did. All right. It's been moved and seconded Option B and the forgiveness of the indebtedness. 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. Nice report. MR. AHMAD: Great presentation by me. COMMISSIONER FIALA: Jay, good to see you again. MR. AHMAD: Thank you. CHAIRMAN McDANIEL: Not about traffic. COMMISSIONER FIALA: I haven't seen him in a while. Item #11H AWARD AN AGREEMENT FOR REQUEST FOR PROPOSAL NO. 19-7537, “AFFORDABLE HOUSING MARKETING OUTREACH CAMPAIGN,” TO QUEST CORPORATION OF October 8, 2019 Page 252 AMERICA, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT - MOTION TO APPROVE AS RECOMMENDED BY STAFF – APPROVED MR. OCHS: Item 11H was previously Item 16D4 on the consent agenda. This is a recommendation to award an agreement for Request for Proposal No. 19-7537 on an affordable housing marketing outreach campaign to Quest Corporation of America and to authorize the Chairman to sign the attached agreement. Commissioner McDaniel moved this one forward for discussion. Commissioner, would you like us to address the questions or make a presentation? CHAIRMAN McDANIEL: No. I just -- I'd like to make a statement to my colleagues and see if there's any interest in going forward. I'm the one that pulled this item off the consent agenda. I am not in favor of going out and spending $80,000 and hiring a consultant to try to promote our housing affordability or those aspects. I'd rather apply -- one of my suggestions, when I read this, was I'd rather take that $80,000 and actually do something good for our community. I know, myself, when I first moved to Collier County a millennia ago, there was a program established to allow first-time homebuyers a reduction in their down-payment requisites. Bank required 10-, you could come up with five, and the county would lay off the PP&M -- or PP&I, principal payment insurance, and the county would offset that expense which for a first-time homebuyer when I -- well, I was -- it was huge benefit. And I'd suggested that rather than spending the money on a consultant to go out and do as is being recommended, that we initiate a pilot program or something along those lines to actually apply the money to the folks of the community as opposed to spending it on a October 8, 2019 Page 253 consultant. MR. OCHS: Yes, sir. Commissioner, I believe we do that now, but I'll get confirmation from -- MR. GIBLIN: We do. As a matter of fact, on your consent agenda this morning you approved an expansion of that program to award $200,000 in funding to assist with the down payment and purchase assistance to first-time homebuyers to continue that program. For a few years now we have been in disaster recovery mode, but now we are switching back to more homebuyer assistance. And by your actions this morning, you helped spur that along. MR. OCHS: Commissioners, I just, real briefly, remind you that when you adopted the Community Housing Plan, there was 30 individual recommendations. We went through each and every one with the Board. You said yes or no on each one. This one you said yes but that you didn't want to hire staff to do it, that we should contract for this work, and that's essentially what we went out and sought a proposal for, and that's in front of you today. So this is consistent with the prior board -- your board direction on the housing plan. CHAIRMAN McDANIEL: Correct. Commissioner Taylor? COMMISSIONER TAYLOR: I think this makes great good sense, because I think you would be surprised how many people don't know about or understand what we can offer right now. And that's not -- that's not saying that we've been silent about it. It's just important to do that outreach, especially -- and I'm just reading it. It's in Spanish and English. You target certain communities that can take advantage of this. I think it's a very important aspect to our housing plan. So unless anyone -- I'd like to make a motion that we approve this October 8, 2019 Page 254 expenditure. CHAIRMAN McDANIEL: Commissioner Saunders? Well, is there a second? COMMISSIONER SAUNDERS: I'll second that, but I wanted to make a comment, if I might. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: As we go through the consent agendas on these meetings, we see a tremendous number of consultants, and we've hired a bunch of them today, so -- and I'm responsible for some of those consultants coming on board. But I think that, you know, as we look at the economy that's going to be slowing down -- we know that that -- the economy's cyclical. And I think we have to start kind of reining in some of the consultant agreements that we're approving. So just as a general thought, I'll support this, but as we go forward I want staff to be really cautious on some of these consulting agreements going forward. I think we're going to take -- start taking a little harder look at them. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I want to -- after we're done with this one, would you mind if we also discussed just a little bit 16D2 where they are recommending a $200,000 award to help. I'm not quite sure what "help" is. COMMISSIONER TAYLOR: It was so confusing, ma'am. And what I did is I asked staff for clarification. It's a thousand dollars per -- the way it reads -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: -- it looks like $200,000 is going to go to a consultant. It's not at all. I think it's a thousand dollars per -- October 8, 2019 Page 255 MR. GIBLIN: It's a thousand-dollar project delivery fee. COMMISSIONER FIALA: And then they're going to give each person that's buying $55,000, right? MR. OCHS: Up to. MR. GIBLIN: Up to that. Those are the maximums. And that is the program that I was just referring to a few minutes ago that was approved this morning in your consent agenda to provide that down payment assistance program. MR. OCHS: Commissioner, I sent you that email explaining that yesterday afternoon. I'm sorry if you didn't receive it, but that was the explanation. COMMISSIONER FIALA: Yeah, you know -- and I got some of it, but I didn't understand too much of it. And I'm wondering -- you know, I know that we give these people a lot of money, but one of my friends has a college student and -- who has started a young family, and she keeps saying she would love to buy a house, but it seems that nobody gives her any money and she said, how come she isn't in on some of this, so... COMMISSIONER TAYLOR: Well, that's what this -- this is exactly what we're passing right now, this Community Housing Plan education, because it would qualify -- if she qualifies or he qualifies, they would be eligible. COMMISSIONER FIALA: She's a U.S. citizen. And I know you don't have to be a U.S. citizen to have these. COMMISSIONER TAYLOR: It's an income -- it's an income qualification. CHAIRMAN McDANIEL: One of the -- COMMISSIONER FIALA: Yeah. I mean, she would qualify if she's lived here her whole life, I would think. CHAIRMAN McDANIEL: We're all good on 16D2. On 16D4, one of the things that I would like to see -- and, October 8, 2019 Page 256 Commissioner Saunders, this is in line with going out and hiring a consultant. I was -- there wasn't any measurables in this for me. How many clients do we have now? How many people are we in touch with right now? And how are we going to measure the value of this $80,000 expense? This board wisely chose to not hire from within and have our staff go do this solicitation with regard to advertising for housing affordability. This is a contract. What's the -- what's measurable here? MR. GIBLIN: It's to develop a marketing plan -- marketing communication plan that would involve community education and outreach, community roundtables and forums, develop a website to match the people seeking housing assistance with units that are available, and to match up developers with incentives that are available through the county. The specific deliverables in the contract are -- there's four of them listed here -- are to develop that website, to do a print campaign, radio, television, and marketing, social media campaign, and also to produce a 20-year commemorative anniversary piece that would highlight the past 20 years of CDBG funding for Collier County. Next year will be our 20th anniversary of receiving -- becoming a CDBG entitlement community. The first step in this contract is to meet down with the consultant to develop this year long -- and it is a one-year -- to Commissioner Saunders' point, this is a one-year contract, and it is not anticipated to be renewed. But it's to develop that marketing campaign, and how many print ads would there be? How many social media or radio/television spots would there be? How many issues of the 20-year commemorative piece will there be? That's Step l in the contract. COMMISSIONER FIALA: On that same subject, then. So I October 8, 2019 Page 257 know I'm sounding like a kindergartener here, but as long as I'm stepping this far in, how come we can't just take an ad in the newspaper and say, you know, for people of this income level who are looking for assistance come in and interview? Why do we have to spend $200,000? MR. GIBLIN: Well, this item is for $80,000 for a year-long marketing campaign. COMMISSIONER SOLIS: That's the other item. We're not on that one. COMMISSIONER FIALA: Okay. We'll come back to that one then. Okay. MR. GIBLIN: And the answer is, we do. We do publish required ads in the newspaper, on our website in conformance with all the grants, and we do go above and beyond. But one of the recommendations from the ULI, when they came here a couple years ago, and your Community Housing Stakeholders Group was that we need to get the word out more. There are people in this county who just don't know what we have to offer. We need a strategic advertising campaign to reach them. And on the flip side, we have a development community who is undereducated on what incentives there are for them to come into this market as well. So we see this as hitting the issue from both ends, from the public side and the development side, to try to make them -- help them meet in the middle. CHAIRMAN McDANIEL: My issue with this -- COMMISSIONER FIALA: I'm sorry. I understand, because I think when you come into lower -- very-low income areas, I don't think they read the newspaper. So I know you can't advertise. I just asked and, yet, I don't know how to do that unless you did it in the churches or something. October 8, 2019 Page 258 So, in other words, you're trying to find a way to reach out to the people who need it, but it's difficult because -- we've tried to do that in different instances in East Naples Civic Association, and you have to go to the churches. That's the only way you can reach them. MR. GIBLIN: It is, and one of the methods that this company has been successful with in the past is in social media, Facebook, Instagram, where people are receiving those ads on a, you know, constant basis, and hopefully we can drill down to some of those. CHAIRMAN McDANIEL: Let me do this. It's been moved and seconded that we approve this agenda item. I want a count. Somehow, some way give me a measurable for the expenditure of the 80,000, the increase in support that we're already -- or people that we're, in fact, reaching. MR. GIBLIN: We can do that either way. There would be page views or -- CHAIRMAN McDANIEL: Something. MR. GIBLIN: Okay. CHAIRMAN McDANIEL: Something. I mean, there are measurables. I mean, I did read the item. I saw there were a lot of social media mechanisms that they're going to use, which I know are very, relatively speaking, inexpensive from an advertising standpoint. So I would just like to be able to -- without going down a whole discussion with regard to the process. So with that, it's been moved and seconded that we approve this agenda item as 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. October 8, 2019 Page 259 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #11I THE FISCAL YEAR 2019-20 STRATEGIC MARKETING PLAN FOR THE NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU (CVB) AND MAKE A FINDING THAT THIS PLAN PROMOTES TOURISM - MOTION TO APPROVE THE PLAN AND BRING BACK INFORMATION FOR FUTURE DISCUSSION – APPROVED MR. OCHS: 11I has been moved to the regular agenda. It was previously Item 16F3, which is a recommendation to approve the Fiscal Year 2020 Strategic Marketing Plan for the Naples, Marco Island, Everglades Convention and Visitors Bureau and make a finding that the plan promotes tourism. Jack is here to present or to respond to questions, Commissioner Taylor. COMMISSIONER TAYLOR: I think we should have a presentation. I'm teasing. This will be brief. MR. WERT: Okay. COMMISSIONER TAYLOR: This is a great marketing plan, and, you know, I just would like a couple -- just a little bit of adjustments or maybe additions -- I think the word is "additions" to it. And I'd like to maybe consider this as a draft plan. And if we could just analyze the importance of sports. And I'd like to use pickleball because I understand that there is actually a tabulation in our park of daily play on a per-person or per-day basis, which October 8, 2019 Page 260 indicates these folks are from out of town. So I'd like to -- I'd like to get that woven into this, as well as our strategic arts plan, is what I'm understanding, is going to talk about the marketing and talk about what it is, and I think we need to weave that into this. Great analysis on the luxury. Just those two things in the sports and art, and then just come back. Because this is our marketing plan and, you know, I think it needs -- these two things need to be included. And you could also do FBU. I mean, FBU is -- and then we have the tennis, and we have this great soccer tournament. MR. WERT: Right. COMMISSIONER TAYLOR: So those folks and those sports events, I think, could be woven into this. And that's it. MR. WERT: Okay. And I certainly have that note, and I actually did add a couple of slides that I was going to try to answer some of your questions. Because we can't show everything in the printed piece, but there's a lot woven into this. Just so you know, in arts and cultural, for instance, we are really planning as that plan comes forward to you. The second half of this plan, I think we all know, these are -- these are flexible. We may change this plan a couple of times over the year depending on what's happening in the marketplace. But we're certainly ready to do exactly that, Commissioner, of adding more in arts and culture. We've got some good programs already using Smithsonian Magazine and so forth to really help move forward the promotion of arts and culture. And in the sports, I'll just tell you, we've got really a strong team now, and now that we have brought the sports fields group in as our operating company for the new sports complex, they're also going to help us with marketing. We've already been to a couple of shows already with them. October 8, 2019 Page 261 We're selling the complex. They're selling the complex as well and really trying to, obviously, grow their company as well to sell other facilities that they can grow into. So we hear you loud and clear. That is certainly going to be part. And what I will pledge to you folks to do is we'll come back on a quarterly basis and give you updates on what we are doing in those two -- I mean, there's one slide in here that I think -- I don't know if we can get them up or not. COMMISSIONER TAYLOR: But your budget -- excuse me. But your budget is based on this marketing plan. So you could just weave in something and maybe come back in a couple weeks. Also, I'd like you to address Asia. MR. WERT: Asia we've looked at. Until we have direct flights into Florida, there's not much reason to do it, and we are not Asia friendly yet. We have got a lot of infrastructure to do here. You can't just bring them in here. The hotels they stay in have to have separate menus and all kinds of different things. We're not ready for that yet. We'll study it, and we are, but we're not ready quite yet. COMMISSIONER TAYLOR: Yeah, just address it. MR. WERT: Absolutely, we will. COMMISSIONER TAYLOR: Okay. I guess my motion is to be that we would look at this as a draft and maybe come back in a couple of weeks with those minor changes in it. MR. WERT: Okay. COMMISSIONER TAYLOR: And -- COMMISSIONER SAUNDERS: Second. COMMISSIONER SOLIS: There's a timing issue. MR. WERT: There is a timing issue, and I just wanted to be sure -- COMMISSIONER SOLIS: I will just -- MR. WERT: It is -- media-wise, we've got a lot of things we October 8, 2019 Page 262 need to place right now. COMMISSIONER TAYLOR: Okay. MR. WERT: So if we can come back to you and you can approve the planning concept, and we'll come back and address these other issues -- COMMISSIONER TAYLOR: That's fine. MR. WERT: -- that would really be helpful. COMMISSIONER TAYLOR: Okay. COMMISSIONER SOLIS: And I'll just share that, as being the chairman of the TDC, the amount of data that's compiled that we looked at going into this plan was -- I think it was impressive, and some of the data I can't even believe we have. I mean, tracking people -- you know, we're getting data from their -- from phones. MR. WERT: From the phones. COMMISSIONER SOLIS: Where they're going all over town. I mean, where they're from, where they're flying in from. I think it's a well-done plan. And really looking at the data, some of the things are incredibly surprising like millennials and how much money millennials are actually spending, when the assumption was they wouldn't spend any. So -- but, yeah, there is a timing issue, because I brought this up at the last TDC meeting that we do need to go ahead and approve it so that you can place those, right? MR. WERT: Correct, that is correct. Yeah, we've got some real tight deadlines. COMMISSIONER SOLIS: But, certainly, I mean, the arts assessment that we're doing has got to be factored in, sure. COMMISSIONER TAYLOR: And we can weave pickleball. COMMISSIONER SOLIS: Oh, pickleball. MR. WERT: Oh, it's in there. COMMISSIONER SOLIS: Pickleball is way in there, yeah. It's October 8, 2019 Page 263 in -- it's in the court. MR. WERT: Ooh. That's good. COMMISSIONER TAYLOR: But I don't see -- maybe you need to come back and tell us, in terms of the parks, how many folks are coming in and doing day play and where they're living. If you've got that kind of tracking, where they're staying when they're here. MR. WERT: I think you're going to see that as we bring forward the plan for the improvements -- COMMISSIONER TAYLOR: But they may not all be luxury. MR. WERT: -- capital improvements. All of that's got to come back. COMMISSIONER TAYLOR: But they may not all be that luxury. They may not all be the luxury tourists. MR. WERT: Oh, no. No, no, no. COMMISSIONER TAYLOR: So that data is important. CHAIRMAN McDANIEL: And why are you wanting that? COMMISSIONER TAYLOR: Oh, because I think it's really very interesting to see the success and how many people actually come to Naples to play at the U.S. Open court. COMMISSIONER SOLIS: We went through all that, but certainly if the Board would like a presentation, we could do that. MR. WERT: Sure. We can do that. CHAIRMAN McDANIEL: I was just going to say, we can get there if we did a presentation on that. (Simultaneous crosstalk.) COMMISSIONER FIALA: To meet the deadline? (Simultaneous crosstalk.) COMMISSIONER TAYLOR: So I'd like to make a motion to approve the advertising as submitted by the TDC, advertising budget. COMMISSIONER SAUNDERS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that October 8, 2019 Page 264 we approve this agenda item. 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. WERT: Thank you, Commissioners. Appreciate it. MR. OCHS: Thank you, Jack. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: And, Mr. Chairman, I think that takes us to Item 15, staff and commission general communications. Nothing from me today. CHAIRMAN McDANIEL: Nothing. That was a quick "I'm out." MR. OCHS: Yes, out. MR. KLATZKOW: Nothing, sir. CHAIRMAN McDANIEL: County Attorney? Madam Clerk, you've been down there quite quiet all afternoon. THE CLERK: I know, and I apologize for being tardy this morning. I had a really great presentation opportunity, so I took it, and Mr. Johnssen, I'm sure, did very well. I did want to bring the Board's attention -- I understand the October 8, 2019 Page 265 support for the abuse shelter. Great. Some of our staff attended this morning, so I was really sorry to be -- not to be here to recognize them. So I just wanted to put that on the record. We've got a great program, a partnership with the shelter. They now staff our Domestic Violence Unit both at the Immokalee Satellite and here at the courthouse so that we're able to assist those that come in for domestic violence injunctions. So we've been working very closely with them to help the citizens. So I think it's a great program and I partnership, and sorry I missed this morning's opportunity. CHAIRMAN McDANIEL: Thank you. Commissioner Solis? COMMISSIONER SOLIS: Nothing from me. CHAIRMAN McDANIEL: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a couple quick things, and that -- one of them, just to tag along with what Crystal just said. At lunchtime I was in a place where a lady came over to my table, and she said, I just want to thank you commissioners for supporting the Shelter for Abused Women. She said, I'm living there right now, and she said, I don't know what I would do without it. And she said she's got her three little kids, two-, four-, and six-year-old boys, and the shelter has now helped her to find an apartment for them to move into next week. And I just -- that's a "thank you" to all of you. And that's what she was telling me. She wanted to let everybody know how much she appreciated what we've done. That's the first thing. The second thing is, is I talked about storage units many times, and I came up with this idea, and I don't know if it was that we were -- we had the subject on our agenda today or whether I had a brainstorm, but whatever it was, I thought what about talking to staff and seeing if we could suggest that on the bottom floor of the storage October 8, 2019 Page 266 units they have commercial, and then the rest of them be storage units, especially when commercial is located under very narrow commercial roadways. That way, then, the community would still be able to be having a place to shop, eat, or buy shoes or get a haircut, and the rest of it could be to -- storage units. And maybe -- who knows, maybe the storage-unit guy would want to rent them out or sell them or something. So that was just a suggestion, and I was wondering if we could talk about that. It just might be happening in other areas, too, and it might be a new way to took at it. And that came from that subject that was in your district, wasn't it? No, it was in Burt's district. Yeah. And, I thought, that might work out. CHAIRMAN McDANIEL: Well, it certainly would be something we could have some discussion about. It wouldn't necessarily be a -- what's that? COMMISSIONER SAUNDERS: I didn't say anything. I have no problem with the discussion. It's just starting to get a little late. COMMISSIONER TAYLOR: Not now. CHAIRMAN McDANIEL: Yes, and we've got the pumpkin getting ready to turn. She's got a grandbaby to go get. So, yes. COMMISSIONER FIALA: Okay, good. I would love to do that. And I don't know who initiates it. I just said it, so... CHAIRMAN McDANIEL: I think you should initiate it. COMMISSIONER FIALA: Huh? CHAIRMAN McDANIEL: I think you should initiate it. We're initiating staff to have some discussion with us -- COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: -- about that plausibility. COMMISSIONER FIALA: I don't think the developers would mind it at all. CHAIRMAN McDANIEL: Well, it depends on the constraints October 8, 2019 Page 267 on the parking. That's, you know, the same thing we talked about with the commercial on the residential. The parking for commercial sucks up a lot of per-square-foot space, and that's where the balance comes in from an ROI standpoint, so -- but we'll talk about it. COMMISSIONER FIALA: Good. CHAIRMAN McDANIEL: Commissioner Saunders? COMMISSIONER SAUNDERS: Nothing to add. COMMISSIONER TAYLOR: Nothing. CHAIRMAN McDANIEL: Nor have I. You all have a wonderful evening. Thank you for your indulgence today. ***** **** Commissioner Saunders moved, seconded by Commissioner Taylor 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 PERFORMANCE BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.154, PL20170000928 FOR WORK ASSOCIATED WITH VI AT BENTLEY VILLAGE MULTI-FAMILY BUILDING (DISTRICT 2) – THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKE HAS BEEN INSPECTED BY DEVELOPMENT REVIEW Item #16A2 THE CLERK OF COURTS TO RELEASE A PERFORMANCE October 8, 2019 Page 268 BOND IN THE AMOUNT OF $197,184 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20180001558 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 10, LAKES 6D, 6E, AND 6F (DISTRICT 4) – THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKE HAS BEEN INSPECTED BY DEVELOPMENT REVIEW Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 13, PL20190001298 (DISTRICT 4) – FINAL INSPECTION WAS CONDUCTED ON AUGUST 1, 2019 AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR JOINT REPLACEMENT INSTITUTE, PL20180002249, 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 $6,130 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT (DISTRICT 4) – FINAL INSPECTION WAS CONDUCTED ON AUGUST 28, 2019 AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE October 8, 2019 Page 269 Item #16A5 RESOLUTION 2019-184: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF PELICAN MARSH UNIT NINETEEN, APPLICATION NUMBER 97-103, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY (DISTRICT 2) Item #16A6 THE FISCAL YEAR 2019/2020 CAPITAL IMPROVEMENT PLAN OF THE BIG CYPRESS BASIN, A PART OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (ALL DISTRICTS) – FOR THE OPERATION AND MAINTENANCE OF THE WATERCOURSES AND WATER CONTROL STRUCTURES IN COLLIER COUNTY Item #16A7 RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE OF $125,500 FOR PAYMENT OF $550 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. MANUEL LOPEZ PARCHMENT, RELATING TO PROPERTY LOCATED AT 2069 41ST TER SW, COLLIER COUNTY, FLORIDA (DISTRICT 3) – FOR AN UNPERMITTED STORAGE SHED THAT WAS BROUGHT INTO COMPLIANCE ON MARCH 6, 2019 October 8, 2019 Page 270 Item #16A8 TERMINATE FOR CONVENIENCE AN AGREEMENT AWARDED TO ASSURANCE TITLE AGENCY, LLC UNDER RFP #17-7200, AND TO AWARD A SUPPLEMENTAL CONTRACT TO ETITLE AGENCY, INC., UNDER RFP #17- 7200S, “REAL ESTATE TITLE & CLOSING SERVICES” - FOR THREE YEARS WITH TWO ONE YEAR RENEWALS (ALL DISTRICTS) Item #16A9 RECOGNIZE FY 2019/20 TRANSPORTATION DISADVANTAGED PLANNING GRANT FUNDING IN THE AMOUNT OF $27,016 TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT (ALL DISTRICTS) Item #16A10 AWARD FIVE (5) AGREEMENTS FOR INVITATION TO BID NO. 19-7586, “SUPPLY & DELIVERY FUNGICIDES, HERBICIDES, & PESTICIDES,” TO: DIAMOND R. FERTILIZER COMPANY, INC., FLORIDA IRRIGATION SUPPLY, INC., GREEN EFFEX, LLC, MAR GREEN RESOURCES LLC, AND UNIVAR SOLUTIONS USA, INC. (ALL DISTRICTS) Item #16A11 October 8, 2019 Page 271 ANNUAL HOLIDAY EVENT KNOW AS CHRISTMAS AROUND THE WORLD PARADE HOSTED BY THE IMMOKALEE CHAMBER OF COMMERCE. THIS RECOMMENDATION IS TO FULFILL A REQUIREMENT OF THE FDOT (FLORIDA DEPARTMENT OF TRANSPORTATION) TEMPORARY ROAD CLOSURE PERMIT APPLICATION. THIS EVENT HAS BEEN HOSTED BY THE IMMOKALEE CHAMBER OF COMMERCE FOR OVER TWENTY-FIVE (25) YEARS. THIS YEAR THE EVENT WILL TAKE PLACE ON SATURDAY, DECEMBER 14, 2019, FROM 4:30 P.M. - 7:30 P.M. – CLOSING SR 846 TO NORTH 9TH STREET AND ENDING ON IMMOKALEE DRIVE AND ESCAMBIA STREET IN FROM OF THE HIGH SCHOOL (DISTRICT 5) Item #16A12 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER (CDBG-DR) GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR IMMOKALEE STORMWATER IMPROVEMENTS TOTALING $1,165,456.16 – SOUTH OF WESTCLOX STREET, EAST OF BOXWOOD DRIVE, WEST OF CARSON ROAD AND NORTH AND NORTHEAST OF EDEN GARDENS AND NORTH 3RD STREET (DISTRICT 5) Item #16C1 A $292,908 WORK ORDER UNDER AGREEMENT NO. 14-6213 TO HASKINS, INC., TO INSTALL A NEW POTABLE WATER MAIN TO SERVE THE RESOURCE RECOVERY BUSINESS October 8, 2019 Page 272 PARK (“RRBP”) AND A TEMPORARY RAW WATER MAIN TO SUPPORT CONSTRUCTION OF THE LEACHATE DEEP INJECTION WELL FOR THE COUNTY LANDFILL – UNDER PROJECT #70167 THE WATER MAIN FOR THE COLLIER COUNTY BUSINESS PARK AND PROJECT #70219 LEACHATE DEEP INJECTION WELL LOCATED OFF CITY GATE BOULEVARD NORTH (DISTRICT 5) Item #16C2 RANKING FOR REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 19-7523, “DEVELOPMENT OF ENERGY MASTER PLAN FOR COLLIER COUNTY FACILITIES,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, HEAPY ENGINEERING, INC., SO THAT A CONTRACT CAN BE BROUGHT TO THE BOARD AT A FUTURE MEETING – PROVIDING AND ALIGNING ECONOMIC DEVELOPMENT, ENVIRONMENTAL SUSTAINABILITY AND ENERGY CONSERVATION THROUGHOUT COLLIER COUNTY BUILDINGS (DISTRICT 1) Item #16C3 REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18- 7417, “DESIGN-BUILD OF ORANGETREE WASTEWATER TREATMENT PLANT CAPACITY EXPANSION PROJECT," AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM OF WHARTON-SMITH INC., SO THAT A PROPOSED AGREEMENT MAY BE BROUGHT BACK TO THE BOARD AT A SUBSEQUENT MEETING – INCREASING THE PERMITTED October 8, 2019 Page 273 CAPACITY BY 0.375 MGD TO 1.125 MGD (MILLION GALLONS PER DAY) WHICH WILL MEET CLASS 1 PROCESS RELIABILITY AFTER THIS EXPANSION (DISTRICT 5) Item #16D1 THE FY19-20 CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1,491,500 – EFFECTIVE FROM OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020 (ALL DISTRICTS) Item #16D2 THE CHAIRMAN TO SIGN A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) SPONSOR AGREEMENT WITH THE HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, D/B/A HELP IN THE AMOUNT OF $200,000 TO IMPLEMENT THE SHIP PURCHASE ASSISTANCE STRATEGY – EFFECTIVE OCTOBER 8, 2019 THROUGH JUNE 30, 2021 (ALL DISTRICTS) Item #16D3 TWO (2) SATISFACTIONS OF MORTGAGE IN THE COMBINED AMOUNT OF $40,000 OF OWNER-OCCUPIED DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF THEIR AFFORDABILITY PERIOD – FOLIO #31156005025 AND FOLIO #35768720008 (ALL DISTRICTS) Item #16D4 – Moved to Item #11H (Per Agenda Change Sheet) October 8, 2019 Page 274 Item #16D5 FOR “AFTER-THE-FACT” AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANT PROGRAMS FOR SERVICES FOR SENIORS AND AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE FINAL FY 18/19 GRANT FUNDING AMOUNT (NET FISCAL IMPACT $13,603.49) (ALL DISTRICTS) Item #16D6 BUDGET AMENDMENT IN THE AMOUNT OF $200,000 RECOGNIZING AND APPROPRIATING GOLDEN GATE COMMUNITY CENTER FUND (130) CARRY FORWARD IN ORDER TO COMPLETE PARKING LOT RESURFACING (DISTRICT 3) Item #16E1 – Title Correction (Per Agenda Change Sheet) AGREEMENT #16-1613 6613 (Per Agenda Change Sheet), PROPERTY AND CASUALTY BROKERAGE SERVICES, WITH ASSURED PARTNERS OF FLORIDA, LLC TO ALLOW FOR TWO 1-YEAR RENEWAL EXTENSIONS OF THE CURRENT AGREEMENT EFFECTIVE JANUARY 1, 2020 – EXTENDING THE TERMS THROUGH DECEMBER 31, 2021 (ALL DISTRICTS) Item #16E2 October 8, 2019 Page 275 RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 19 – SETTLING ROUTINE, ADMINISTRATIVE AND MINOR CLAIMS MATTERS (ALL DISTRICTS) Item #16E3 SECOND AMENDMENT TO AGREEMENT #14-6293 “COLLIER COUNTY ONSITE MEDICAL CLINIC” WITH MILLENNIUM PHYSICIAN GROUP, LLC AT AN ESTIMATED FIRST YEAR EXPENDITURE OF $693,367 – EFFECTIVE NOVEMBER 14, 2019 THROUGH NOVEMBER 13, 2024 (ALL DISTRICTS) Item #16E4 RESTATE AND AMEND THE AGREEMENT TERM FOR AGREEMENT #16-6646, “ONSITE HEALTH ADVOCACY COACHING SERVICES,” TO NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC., D/B/A COMMUNITY HEALTH PARTNERS – EFFECTIVE THROUGH DECEMBER 31, 2022 (ALL DISTRICTS) Item #16E5 RESOLUTION 2019-185: A RESOLUTION AUTHORIZING REMOVAL OF ADDITIONAL AMBULANCE SERVICE ACCOUNTS FROM FY 2015 AND THEIR RESPECTIVE October 8, 2019 Page 276 UNCOLLECTIBLE ACCOUNTS RECEIVABLE BALANCES WHICH TOTAL $41,381, FROM THE ACCOUNTS RECEIVABLE OF COLLIER COUNTY FUND 490 (EMERGENCY MEDICAL SERVICES) FINDING DILIGENT EFFORTS TO COLLECT HAVE BEEN EXHAUSTED AND PROVED UNSUCCESSFUL (ALL DISTRICTS) Item #16E6 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-AH, “PROFESSIONAL SERVICES LIBRARY - ARCHITECTURAL HISTORIC PRESERVATION, STUDY, PLANNING AND DESIGN CATEGORY,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP FOUR RANKED FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING (ALL DISTRICTS) Item #16E7 AGREEMENT #19-072-NS TO HYLAND SOFTWARE, INC., AS A SINGLE SOURCE PROVIDER FOR ENTERPRISE CONTENT MANAGEMENT SYSTEM REPLACEMENT FOR AN INITIAL ESTIMATED COST OF $245,000, DESIGNATE HYLAND SOFTWARE AS THE ENTERPRISE CONTENT MANAGEMENT STANDARD FOR A PERIOD OF 10 YEARS, AND AUTHORIZE ADDITIONAL SOFTWARE, LICENSES AND SERVICES PURCHASES DURING THIS PERIOD (ALL DISTRICTS) Item #16E8 October 8, 2019 Page 277 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – THESE ITEMS WERE DISPOSED AND HAD A NET BOOK VALUE OF $9,444.66 (ALL DISTRICTS) Item #16E9 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL (ALL DISTRICTS) – FOR THE FOLLOWING CONTRACTS: #18-7314 (D.N. HIGGINS), #18- 7430 (SUPERB LANDSCAPE SERVICES, INC.), AND #13-6164 (DAVIDSON ENGINEERING) Item #16E10 ROUTINE AND CUSTOMARY BUDGET AMENDMENTS APPROPRIATING CARRY FORWARD BUDGET IN THE AMOUNT OF $4,405,744.16 FOR APPROVED OPEN PURCHASE ORDERS INTO FISCAL YEAR 2020 – THAT WERE OPENED IN FY 2019 BUT NOT COMPLETED PRIOR TO THE CLOSE OF THE FISCAL YEAR (ALL DISTRICTS) Item #16E11 AWARD ITB #19-7636 TO COLLIER TIRE & AUTO REPAIR – THE CONTRACT DURATION IS FOR THREE YEARS WITH TWO ANNUAL RENEWALS (ALL DISTRICTS) October 8, 2019 Page 278 Item #16F1 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING NOVEMBER 2019 SPORTS TOURISM EVENTS ALLIGATOR ALLEY BASEBALL TOURNAMENT NOVEMBER 1-3, 2019 UP TO $6,000, THE LEE COUNTY SENIOR WINTER NATIONALS SOFTBALL TOURNAMENT NOVEMBER 6-11, 2019 UP TO $5,250, AND THE PARADISE COAST SOFTBALL INVITATIONAL NOVEMBER 15-17, 2019 UP TO $7,750 FOR A TOTAL UP TO $19,000 FOR THREE EVENTS AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM (ALL DISTRICTS) Item #16F2 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING NOVEMBER 2019 SPORTS TOURISM EVENT THE WOMEN’S TEAMS INTERSECTIONAL TOURNAMENT NOVEMBER 11-17, 2019 UP TO $5,040 AND MAKE A FINDING THAT THIS EXPENDITURES PROMOTE TOURISM (ALL DISTRICTS) Item #16F3 – Moved to Item #11I (Per Agenda Change Sheet) Item #16F4 RESOLUTION 2019-186: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, October 8, 2019 Page 279 CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET (ALL DISTRICTS) Item #16G1 RESOLUTION 2019-187: CHAIRMAN TO EXECUTE THE ATTACHED RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) G0Z16 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL FUNDING FOR SECURITY ENHANCEMENTS AT THE IMMOKALEE REGIONAL AIRPORT (DISTRICT 5) Item #16G2 RESOLUTION 2019-188: CHAIRMAN TO EXECUTE THE ATTACHED RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) G0Z12 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL FUNDING FOR THE REHABILITATION OF RUNWAY 18/36 AT THE IMMOKALEE REGIONAL AIRPORT (DISTRICT 5) Item #16G3 RESOLUTION 2019-189: CHAIRMAN TO EXECUTE THE ATTACHED RESOLUTION AUTHORIZING EXECUTION OF JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0E50 SUPPLEMENT TWO WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $3,599,620 FOR SUPPLEMENTAL STATE GRANT FUNDING TO BE APPLIED October 8, 2019 Page 280 TO THE PREVIOUSLY BOARD APPROVED CONSTRUCTION CONTRACT FOR THE NEW TERMINAL FACILITY WITH ASSOCIATED LANDSIDE IMPROVEMENTS AT THE MARCO ISLAND EXECUTIVE AIRPORT (DISTRICT 1) Item #16H1 – Moved to Item #10B (Per Agenda Change Sheet) Item #16H2 OFFICIALLY NAME THE SPECIAL NEEDS SAILING AREA ASSOCIATED WITH SUGDEN PARK THE MURDO SMITH ADAPTIVE SAILING CENTER (DISTRICT 3) Item #16I1 MISCELLANEOUS CORRESPONDENCE (ALL DISTRICTS) – ITEMS TO FILE FOR THE RECORD October 8, 2019 Page 281 Item #16J1 DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY19 LOCAL STANDARD GRANT. AUTHORIZE THE ACCEPTANCE OF THE GRANT WHEN AWARDED, APPROVE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2019 JAG STANDARD GRANT FUNDS (ALL DISTRICTS) Item #16J2 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 SEPTEMBER 12, 2019 AND SEPTEMBER 25, 2019 PURSUANT TO FLORIDA STATUTE 136.06 (ALL DISTRICTS) Item #16J3 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF OCTOBER 2, 2019 (ALL DISTRICTS) Item #16K1 AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR October 8, 2019 Page 282 THE RETENTION AGREEMENT WITH MCLAUGHLIN & STERN, LLP – FOR PROFESSIONAL SPECIALIZED LEGAL SERVICES AND EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL TWO YEAR TERM WITH THREE ON YEAR RENEWALS (ALL DISTRICTS) Item #16K2 RESOLUTION 2019-190: REAPPOINT A MEMBER TO THE INDUSTRIAL DEVELOPMENT AUTHORITY – REAPPOINTING BARBARA M. ROSENBERG WITH TERM EXPIRING ON OCTOBER 9, 2023 (ALL DISTRICTS) Item #16K3 RESOLUTION 2019-191: APPOINT A MEMBER TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE – APPOINTING JESSICA HARRELSON WITH TERM EXPIRING ON OCTOBER 13, 2023 (DISTRICT 5) Item #16K4 RESOLUTION 2019-192: REAPPOINT A MEMBER TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE – REAPPOINTING PAULA ROGAN WITH TERM EXPIRING ON OCTOBER 6, 2023 (DISTRICT 3) Item #16K5 RESOLUTION 2019-193: REAPPOINT TWO MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE – October 8, 2019 Page 283 REAPPOINTING STEPHEN J. HURBY AND LITHA BERGER BOTH WITH TERMS EXPIRING ON OCTOBER 1, 2022 (ALL DISTRICTS) Item #17A ORDINANCE 2019-32: AN ORDINANCE AMENDING ORDINANCE NUMBER 2019-15, THE FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT, TO CORRECT A SCRIVENER’S ERROR RELATED TO EXHIBITS A AND B (DISTRICT 1) ***** October 8, 2019 Page 284 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ WILLIAM L. McDANIEL, JR., CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK ____________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.