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BCC Minutes 12/10/2019 RDecember 10, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 10, 2019 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William L. McDaniel, Jr. Burt L. Saunders Donna Fiala Andy Solis Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 December 10, 2019 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 10, 2019 9:00 AM Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair Commissioner Burt Saunders, District 3 – Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Andy Solis, District 2 Commissioner Penny Taylor, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 2 December 10, 2019 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Deacon Gary Ingold of Ave Maria Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. October 22, 2019 BCC Meeting Minutes C. November 12, 2019 BCC Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE Page 3 December 10, 2019 B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Olga Grie, Public Utilities Department Applications Analyst, as the October 2019 Employee of the Month. (All Districts) 2) Recommendation to recognize Joe Coccia, Growth Management Department, Senior Field Inspector, as the November 2019 Employee of the Month. (All Districts) 4. PROCLAMATIONS A. Proclamation recognizing Edward Staros as the recipient of Hotels Magazine's Independent Hotelier of the World Award for his elite level of dedication and services and his invaluable contributions to our community. To be accepted by Edward Staros. B. Proclamation designating January 16, 2020 as National Religious Freedom Day in Collier County. To be accepted by Greg Harper, Father Michael Orsi, Pastor Rick Baldwin, Pastor Andrew DeLong and Pastor Greg Ball. C. Proclamation designating January 17, 2020 as Dr. Martin Luther King Jr. Prayer Breakfast Day in Collier County. To be accepted by Wynn Watkins, President, Trinity Life Foundation, Pastor Ric Neal, Dr. Henry Floyd, Jr., and David Hinds. D. Proclamation designating January 11 - 19, 2020 as Kindness Awareness Week in Collier County in support of the annual "One Million Acts of Kindness" campaign. To be accepted by Bob Votruba with his Boston Terrier traveling companion, Bogart, and Brenda Arnold from The Boys & Girls Club of Collier County. E. Proclamation designating January 11, 2020 as Children's Business Fair Day in Collier County. To be accepted by Alex Breault, Amanda Beights, Nikkie Page 4 December 10, 2019 Dvorchak, Michael Dalby, and Madeline Young. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2019 to Healthcare Network of Southwest Florida. To be accepted by Dr. Emily Ptaszek. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard no sooner than 9:30 a.m. Recommendation to adopt the Proposed Amendments to the Immokalee Area Master Plan Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, and to Transmit the Amendments to the Florida Department of Economic Opportunity and other statutorily required agencies. (Adoption Hearing) PL20180002258/CPSP-2018-5 (District 5) B. This item to be heard immediately following Item #9A. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, 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 eliminate the seating limitations and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone 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 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.[First of two hearings] (District 3) Page 5 December 10, 2019 C. This item was continued from the November 12, 2019, BCC meeting. Recommendation to approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference of two impact fee studies; amending the Road Impact Fee rate schedule and the Water and Wastewater impact fee rate schedule; providing for a retroactive effective date of November 13, 2019 for all rate categories that are decreasing and a delayed effective date of March 30, 2020 for all rate categories that are increasing and new/replacement land use categories being added to the fee schedules, in accordance with the 90 -day notice requirements set forth in Section 163.31801(3)(d), Florida Statutes; and providing for revised definitions and update of the requirements related to the payment of Road Impact Fees to obtain a Certificate of Adequate Public Facilities (COA) to comply with the new provisions of the Florida Statutes. (All Districts) D. Recommendation to approve the single petition within the 2018 Cycle 3 of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and comments for an amendment specific to the Hammock Park Commerce Centre CPUD in the northeast quadrant of the Mixed-Use Activity Center #7 at the intersection of Rattlesnake-Hammock Road and Collier Boulevard. (Transmittal Hearing) PL20180002804/CP-2018-8 (District 1) E. This item to be heard no sooner than 2:00 p.m. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve with conditions a Resolution designating 997.53 acres within the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Receiving Area, to be known as the Rivergrass Village Stewardship Receiving Area, which will allow development of a maximum of 2,500 residential dwelling units, of which a minimum of 250 will be multi-family units; a maximum of 80,000 square feet of neighborhood commercial in the village center and a minimum of 62,500 square feet of neighborhood commercial in the village center; a minimum of 25,000 square feet of civic, governmental and institutional uses; senior housing including adult living facilities and continuing care retirement communities subject to a floor area ratio of 0.45 in place of a maximum square footage; and an 18 hole golf course; all subject to a maximum PM Page 6 December 10, 2019 peak hour trip cap; and approving the Stewardship Receiving Area credit agreement for Rivergrass Village Stewardship Receiving Area and establishing that 6198.08 stewardship credits are being utilized by the designation of the Rivergrass Village Stewardship Receiving Area. The subject property is located south of 45th Avenue NE and north of 26th Avenue NE, all east of Desoto Boulevard in Sections 10, 14, 15, 22, 23, and 27, Township 48 South, Range 28 East, Collier County, Florida. (This is a companion to Agenda Items #11K and #11L) [PL20190000044] (District 5) 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard immediately following Item #11B. Recommendation to approve and request the Chairman to sign a Technical Advice and Assistance letter from The Trust for Public Land and The Nature Conservancy in connection with public polling of citizens to ascertain the ballot language for the 2020 Conservation Collier referendum. (Commissioner Taylor) (All Districts) 11. COUNTY MANAGER'S REPORT A. This item to be heard immediately following Item 5A. Recommendation to direct the County Manager to appoint a member of staff as a Complete Count Coordinator to work proactively and collaboratively to promote and educate residents of unincorporated Collier County on the upcoming 2020 United States Census. (John Mullins, Government Affairs Manager) (All Districts) B. Recommendation to determine whether to move forward with a ballot initiative to re-establish the Conservation Collier Land Acquisition Program. (Summer Araque, Conservation Collier Program Coordinator) (All Districts) C. Recommendation to approve the Mental Health and Addiction Services Five Year Strategic Plan from the Collier County Mental Illness and Addiction Ad Hoc Advisory Committee. (Sean Callahan, Executive Director Corporate Business Operations) (All Districts) D. Recommendation to approve the Fourth Amendment to Agreement No. 17 - 7198 for Construction Management at Risk (CMAR) Contract Phase 1B - Guaranteed Maximum Price (GMP) No. 3 Horizontal and Vertical Work Page 7 December 10, 2019 Package to Manhattan Construction for the next phase of the Sports Complex and Events Center (SCEC) in the amount of $19,665,469. (Nick Casalanguida, Deputy County Manager) (District 5) E. Recommendation to award Agreement No. 19-7540 in the total amount of $14,962,500 to the Quality Enterprises USA, Inc., for “Design Build Collier County I-75 and 951 Utility Relocation Project” and authorize the Chairman to execute the attached contract. (Tom Chmelik, Public Utilities Engineering and Project Management Director) (District 5) F. Recommendation to provide staff with direction regarding changes to an amendment to the LDC involving self-storage buildings on U.S. 41 between the east side of Airport-Pulling Road to the west side of Price Street/Triangle Boulevard. This is a follow-up to the item reviewed by the Board at the September 10, 2019 BCC Meeting, Item #11C. (formerly #16A1). (Jeremy Frantz, LDC Manager, Zoning Division) (District 1, District 4) G. Recommendation to award Invitation to Bid Number 19 -7612, “96th Avenue North Public Utilities Renewal" (Project Numbers 60139 and 70120), to Douglas N. Higgins, Inc., in the amount of $5,357,500, authorize the necessary budget amendments and authorize the Chairman to sign the attached Agreement. This is a companion to agenda Item #11H. (Tom Chmelik, Public Utilities Engineering and Project Management Division) (District 2) H. Recommendation to approve a $535,211 purchase order to Stantec Consulting Services, Inc., under Contract Number 14 -6345 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 96th Avenue North, Project Numbers 60139 and 70120. This is a companion to agenda Item #11G. (Tom Chmelik, Public Utilities Engineering and Project Management Director) (District 2) I. Recommendation to award Request for Proposal No. 19 -7547, “Security Control System Replacement for the Collier County Jail Facilities,” in the amount of $1,632,790 for Project #50183 to Stanley Convergent Security Solutions, Inc., for upgrading the security control system at the Naples and Immokalee Jail Centers. (Ayoub Al-Bahou, PE, Principal Project Manager, Facilities Management Division) (District 1, All Districts) Page 8 December 10, 2019 J. Recommendation to award Agreement No. 19-7601, “South County Water Reclamation Facility [Filter] Set 3-4 Rehabilitation" (Project Number 70148), to Intercounty Engineering, Inc., in the amount of $1,893,990, and authorize the Chairman to execute the attached agreement. (Tom Chmelik, Public Utilities Engineering and Project Management Director) (All Districts) K. This item to be heard no sooner than 2:00 p.m. Recommendation to approve an agreement to allow the Collier County Water-Sewer District to provide potable water, wastewater and irrigation water utility services to the Big Cypress Stewardship District. (George Yilmaz, Public Utilities Department Head) (This is a companion to agenda Items# 9E and #11L) (District 5) L. This item to be heard no sooner than 2:00 p.m. Recommendation to approve the Landowner Agreement with Collier Land Holdings, LTD and CDC Land Investments, LLC, (Landowner) that will provide mitigation in the form of right-of-way donations and stormwater management for portions of Immokalee Road and Big Cypress Parkway and the construction of a possible future traffic signal in order to comply with Policy 5.1, the Transportation Element of the Growth Management Plan as well as providing for an option to purchase rights-of-way both north and south of the Rivergrass SRA. (This is a companion to Agenda Items #9E and #11K). (Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees and Program Management Division) (District 5) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the Second Amendment to Agreement #19-7509 between Cultural Planning Group, LLC and Collier County Page 9 December 10, 2019 to increase consulting fees and reimbursable expenses in an amount not to exceed $45,950 for completion of a Public Arts Master Plan for the Bayshore Gateway Triangle Community Redevelopment Area. (Debrah Forester, CRA Director) (District 4) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately . ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve an Adopt-a-Road Program Agreement for the roadway segment of Collier Boulevard (from Vanderbilt Beach Road north for 1 mile) with two (2) recognition signs and two (2) Adopt-a-Road logo signs for a total cost of $200 with the volunteer group, UC Breaking News LLC. (District 3, District 5) 2) Recommendation to approve an Adopt-a-Road Program Agreement for the roadway segment of Immokalee Road from Strand Boulevard to Olde Cypress Boulevard with two (2) recognition signs and two (2) Adopt-a-Road logo signs for a total cost of $200 with the volunteer group, Joseph P. Muni III, P.A. (District 2) 3) Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated public roads and streets on Chokoloskee Island and Plantation Island, including the prohibition of golf carts on sections of Plantation Parkway and Chokoloskee Parkway. (District 5) 4) Recommendation to approve Change Order No. 3 to Agreement No. 06-4000 between Collier County and Jacobs Engineering Group, Inc. (formerly CH2M Hill) in the amount of $885,345.00, for the design of the revised alignment of Vanderbilt Beach Road Extension from Collier Boulevard to 16th Street NE, and the design of Massey Street from Vanderbilt Beach Road to Tree Farm Road. (Project No. 60168). Page 10 December 10, 2019 (District 1, District 5) 5) Recommendation to approve a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load -carrying capacity in excess of one (1) ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive. (District 5) 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of National Golf and Country Club at Ave Maria, Phase 1, (Application Number PL20180003167) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 5) 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Moorings Park Grande Lake (Application Number PL20180003112), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 4) 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of City Gate Commerce Park Phase Three Replat No. 2, Application Number PL20190002120. (District 5) 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Founders Square, (Application Number PL20190000344) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 3) Page 11 December 10, 2019 10) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Mockingbird Crossings, Application Number AR-9975, PL20150002144, and authorize the release of the maintenance security. (District 5) 11) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Faith Landing Phase Four, Application Number PL20160001899, and authorize the release of the maintenance security. (District 5) 12) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of McCarty Subdivision, Application Number AR-3700 and PL20120001712, and authorize the release of the maintenance security. (District 3) 13) Recommendation to approve final acceptance of the sewer facilities, and accept the conveyance of the sewer facilities for Arthrex Hotel and Wellness Center, Lift Station 111.01, PL2 0190002489. (District 2) 14) Recommendation to approve final acceptance of the sewer facilities, and accept the conveyance of the sewer facilities for Arthrex Administration Building, Lift Station 111.00, PL20190002424. (District 2) 15) Recommendation to approve final acceptance of the potable water and sewer facilities for Rattlesnake Hammock Self-Storage, PL20180000852, 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 $10,996.08 to the Project Engineer or the Developer’s designated agent. (District 1) 16) Recommendation to approve final acceptance of the potable water and sewer facilities for Naples Lakes Country Club Golf Course Page 12 December 10, 2019 Renovation, PL20180001417, accept the conveyance of a portion of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $6,943 to the Project Engineer or the Developer’s designated agent. (District 1) 17) Recommendation to approve final acceptance of the potable water and sewer facilities for CVS Immokalee Road, PL20180002492, 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 $8,584.02 to the Project Engineer or the Developer’s designated agent. (District 5) 18) Recommendation to approve final acceptance of the potable water and sewer utility facilities for NE County Recycling Drop-Off Center, PL20180002360. (District 5) 19) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Hadley Place East, PL20180001708 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 3) 20) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Hacienda Lakes Business Park, PL20180000571, 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 $16,345.50 to the Project Engineer or the Developer’s designated agent. (District 1) 21) Recommendation to approve an extension for completion of required subdivision improvements associated with Royal Palm Golf Estates Replat #3 (AR-6774) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). (District 1) 22) Recommendation to approve an extension for completion of required Page 13 December 10, 2019 subdivision improvements associated with Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112 (PL20110000452) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). (District 5) 23) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $114,866.40 which was posted as a guaranty for Excavation Permit Number 60.080-8, PL20160000400 for work associated with Isles of Collier Preserve Phase 7. (District 4) 24) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,890 which was posted as a guaranty for Excavation Permit Number 59.708-2, AR-2076, PL20120001705 for work associated with Indigo Lakes Unit 7 – Lakes 4 and 5. (District 3) 25) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $62,460 which was posted as a guaranty for Excavation Permit Number PL20160000766 for work associated with The Antilles. (District 1) 26) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $277,324.85 which was posted as a guaranty for off-site improvements associated with Artesia Naples, AR-4794. (District 1) 27) Recommendation to accept the Sub-Recipient Agreement with the Florida Division of Emergency Management (FDEM) for funding in the amount of $69,750 under the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program and authorize necessary budget amendment. Net Fiscal Impact is $93,000. (Project No 60102). (District 4) 28) Recommendation to award a Work Order to Bonness, Inc., under Roadway Contractor’s Agreement No. 16-6663, for construction of the “Vanderbilt Beach Road at Pristine Drive and Buckstone Drive Intersection Improvements” project, in the amount of $542,373.28 (Project #60016.39). (District 3) Page 14 December 10, 2019 29) Recommendation to authorize payment of the annual assessment fee for Collier County’s membership in the Southwest Florida Regional Planning Council (SWFRPC), in the amount of $110,204 for FY20. (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, acting as the Collier County Community Redevelopment Agency Board (CRAB), approves and authorizes the Chairman to execute a Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency and David and Gloria Flick in the amount of $5,384.47 for property located at 2464 Kirkwood Avenue within the Bayshore Gateway Triangle Community Redevelopment Area. (District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Budget Amendment in the amount of $500,000 in order to execute phase II of Contract #14-6198, “Design and Support Services for the CC Landfill Leachate Deep Injection Well,” Project Number 70219 (District 5) 2) Recommendation to approve a Resolution removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Department in the amount of $16,700.64 (All Districts) 3) Recommendation to approve an Agreement for Sale and Purchase for the Solid and Hazardous Waste Management Division to acquire 5 acres as part of an assemblage of vacant land that is immediately adjacent to the County landfill. The total cost for this transaction will not to exceed $61,000. (District 5) 4) Recommendation to authorize sole-source waivers for the purchase of equipment and services needed to repair and maintain wastewater treatment facilities infrastructure in order to meet demand and maintain compliance with Public Utility Department operations. (All Districts) Page 15 December 10, 2019 5) Recommendation to approve a purchase order modification in the amount of $92,990.00, to Stantec Consulting Services, Inc. (under Agreement No. 14-6345), for CEI Services on the Vanderbilt Cul-de- sacs Project and authorize the necessary budget amendment. (District 2) 6) Recommendation to approve and authorize the Chairman to execute an Agreement between the Villas at Barefoot Beach Homeowners Association, Inc., and Collier County for a maintenance agreement for contiguous properties at Barefoot Beach Park North Access. (District 2) 7) Recommendation to award a contract to AECOM USA, Inc., in the amount of $994,087 under Request for Proposal No. 18-7370, “Public Utilities Water Sewer District Master Plan,” Project Number 70031, and authorize the necessary budget amendments. (All Districts) 8) Recommendation to approve a $708,665 work order to Haskins, Inc., under Request for Quotation #14-6213-134 for Underground Utility Contracting Services for "Village Walk Wastewater System Modifications," Project Number 70250. (District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign the submittal of a five-year Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at Caxambas Park with an effective date of April 8, 2018. (District 1) 2) Recommendation to approve two (2) Facility Use Agreements between the Collier County Board of County Commissioners and the Collier County Supervisor of Elections (SOE) for the use of the South Regional Library and Headquarters Library as polling precincts for the 2020 Election Cycle and authorize the Board’s Chairman to sign those agreements. (District 1, District 2) 3) Recommendation to approve an “after-the-fact” Combating Opioid Page 16 December 10, 2019 Overdose grant application in the amount of $500,000 to the University of Baltimore, in partnership with the Collier County Sheriff’s Office, to provide Medication-Assisted Treatment (MAT), at the time of incarceration and for inmates transitioning back to the community. (Net Fiscal impact $500,000) (All Districts) 4) Recommendation to approve and execute documents necessary for the conveyance of a utility easement on County property located at the Naples Zoo, 1590 Goodlette-Frank Road, to the City of Naples, at no cost to the County. (District 4) 5) Recommendation to authorize the necessary budget amendments to reflect the estimated funding for Calendar Year 2020 Older Americans Act (OAA) Programs in the amount of $1,328,364.09 and the estimated cash match of $88,185.44. The vendor provides the estimated match in the amount of $54, 217.53. (All Districts) 6) Recommendation to approve an Affiliate Library Agreement between Family Search, International, a Utah non-profit corporation (FamilySearch) and Board of County Commissioners (Board) on behalf of the Collier County Public Library. (All Districts) 7) Recommendation to approve one (1) release of mortgage for the State Housing Initiatives Partnership Program where the term of the obligation has been met. (District 5) 8) Recommendation to approve two (2) Releases of Liens for full payment of $31,814.98 plus interest, pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner-occupied Affordable Housing Dwellings. (All Districts) 9) Recommendation to approve an extension to Agreement No. 09-5247, Tigertail Beach Food & Beach Concessions with Recreational Facilities of America, Inc., for a period of six months or until a new contract is awarded. (District 1) 10) Recommendation to approve the after-the-fact donation for three (3) fitness equipment items to the Immokalee Fire Department. (District 5) Page 17 December 10, 2019 11) Recommendation to approve and authorize the Chairman to sign the Fourth Amendment with LeeCorp Homes Inc., to increase funding by $23,000.00 for the administration of the State Housing Initiatives Partnership (SHIP) Demolition and/or Replacement of Manufactured Housing Program. (All Districts) 12) Recommendation to accept and ratify fee waivers granted by the Director of Domestic Animal Services (DAS) for the period of July 1, 2019, through September 30, 2019, in accordance with the process established by Resolution No. 2018-106 in the amount of $464. (All Districts) 13) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report for U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) for Fiscal Year 2018-2019 as required; approve the Consolidated Annual Performance and Evaluation Report Resolution; and authorize the Chairman to certify the Consolidated Annual Performance and Evaluation Report (CAPER) for submission to U.S. Department of Housing and Urban Development. (All Districts) 14) Recommendation to approve and authorize the Chairman to sign the FY19-20 Federal Transit Administration (FTA) Section 5310 Grant award contract in the amount of $498,408 and authorize the County Manager or designee to execute any and all documents, including budget amendments, necessary to receive the award and execute all pay requests. (All Districts) 15) Recommendation to authorize electronic execution of the FY19 Section 5339 grant award from the Federal Transit Administration (FTA) in the Transit Award Management System (TrAMS) and authorize a Budget Amendment in the amount of $372,752 for the construction of a bus transfer facility in Immokalee and rehabilitating existing fixed-route vehicles. (All Districts) 16) Recommendation to approve two (2) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the Page 18 December 10, 2019 amount of $40,500 and approve an associated Budget Amendment. (District 5) 17) Recommendation to approve the submission of grant applications to the Florida Department of Transportation for the Federal Transit Administration Programs 5310, 5311, and 5339 Rural for FY2020/2021 and approve the associated Resolutions to support transit operations and system capital improvements. (Total anticipated fiscal impact of $2,672,655.90 with a Federal share of $1,655,424.80, State share of $166,365.60, and Local match of $850,865.50). (All Districts) 18) Recommendation to accept and appropriate restricted donations totaling $5,000 to support the replacement of the East Naples Branch Library carpet. (District 1) 19) Recommendation to direct the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles on Blue Sage Drive and authorize all necessary Budget Amendments. (District 5) E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to ratify Property, Casualty, Workers’ Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution #2004-15 for the fourth quarter of FY19. (All Districts) 2) Recommendation to approve the purchase of a replacement Information Technology data backup system estimated at $280,000 off the State of Florida, Department of Management Services, Software Value Added Reseller Contract, and authorize the associated budget amendment. (All Districts) 3) Recommendation to accept the report for the sale of items and disbursement of funds associated with the County surplus auction held on November 1 and November 2, 2019. (All Districts) 4) Recommendation to approve the selection committee’s ranking of Page 19 December 10, 2019 Request for Professional Services (“RPS”) No. 18-7432-SW, “Professional Services Library – Solid and Hazardous Waste Management Engineering,” and authorize staff to begin contract negotiations with the top six ranked firms so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. (All Districts) 5) Recommendation to approve the purchase of Group Health Reinsurance through SunLife in the estimated annual amount of $327,008, effective January 1, 2020. (All Districts) 6) Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-ST, “Professional Services Library - Structural Engineering Category,” and authorize staff to begin contract negotiations with the top ten ranked firms so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. (All Districts) 7) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) 8) Recommendation to authorize purchases in excess of $50,000 for John Deere agricultural and turf equipment parts, repairs and services from EFE, Inc. d/b/a Everglades Equipment Group, as a single-source provider. (All Districts) 9) Recommendation to award RFP #19-7581 “Group Insurance Brokerage and Actuarial Services” to Willis of Wisconsin, Inc., and execute the associated Agreement. (All Districts) 10) Recommendation to authorize a Budget Amendment for the purchase of 40 field computers for EMS in the amount of $80,760. (All Districts) 11) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) Page 20 December 10, 2019 F. COUNTY MANAGER OPERATIONS 1) Recommendation to accept the donation of a Cummins Generator to be installed at the Florida Culinary Accelerator at Immokalee. (All Districts) 2) Recommendation that the Board direct the County Attorney to advertise and bring back for public hearing an amendment to Ordinance No. 2018-56, which provided for the creation of the Golden Gate Economic Development Zone, to raise the cap of the Trust Fund to $2,000,000, subject to appropriation by the County. (District 3) 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY2019-20 Adopted Budget. (All Districts) 4) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. (All Districts) 5) Recommendation to award Request for Proposal No. 19 -7640, “Federal Lobbyist Services,” to Becker & Poliakoff, P.A., and authorize the Chairman to sign the attached agreement. (All Districts) 6) Recommendation to approve a Third Amendment to Agreement with GC II, LLC, to extend the closing date from October 31, 2019 to December 20, 2019 for the purchase of 0.345 acres to incorporate into the Collier County Sports Complex and Event Center at a cost not to exceed $127,700, to approve the option to either purchase the 2.10 Acre South Property at a cost not to exceed $452,670 or the 1.75 Acre North Property at cost not to exceed $382,320 for additional parking, if needed, and to authorize the necessary budget amendments. (District 5) 7) Recommendation to approve a First Amendment to Real Estate Sales Agreement with Richard D. Yovanovich, Successor Trustee (and not individually) extending the due diligence period for the sale of the 47 +/- acre parcel known as the Randall Curve Property from December Page 21 December 10, 2019 23, 2019 to January 31, 2020. (District 5) 8) Recommendation to use Tourist Development Tax Promotion Funds to support the upcoming January 2020 Sports Tourism Events for The Nike XPO Prospect Camp January 4th-5th, 2020 up to $7,600 and The Dimitri Cup Soccer Series January 11th-February 2nd, 2020 up to $55,500 for a total up to $63,100 and make a finding that these expenditures promote tourism. (All Districts) 9) Recommendation to approve the Sponsorship Agreement between Collier County and Football University (FBU) to host the Top Gun Showcase summer program in July 2020, 2021 and 2022 and make a finding that this item promotes tourism. (All Districts) 10) Recommendation to approve the goals and objectives and evaluation criteria proposed to develop an Invitation to Negotiate (ITN) seeking a Public-Private Partnership (P3) to provide an Affordable Housing and Land Development Component on the Golden Gate Golf Course property. (All Districts) 11) Recommendation to award Request for Professional Services (“RPS”) #19-7650, “Golden Gate Golf Course Redevelopment Planning and Engineering,” to Davidson Engineering, Inc., for professional planning and engineering services in a time and materials amount not to exceed $684,666.50, and authorize the Chairman to execute the attached contract and authorize all necessary budget amendments. (All Districts) 12) Recommendation to award Request for Proposal No. 19-7667, “Website Design and Development for the Collier County Office of Business and Economic Development,” to Miles Partnership, LLLP, authorize the Chairman to sign the attached agreement, and authorize necessary budget amendment. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to authorize budget amendments in the amount of $145,000 to replace airport equipment. (District 5) Page 22 December 10, 2019 2) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport for 2020. (District 1, District 5) H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to authorize staff to negotiate a Right of First Refusal Agreement with North Collier Fire District regarding the potential sale of Station 40 located at 1441 Pine Ridge Road. (Commissioner Taylor) (All Districts) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriff’s Office to have Traffic Control Jurisdiction over Private Roads within the Autumn Woods subdivision. (All Districts) 2) Recommendation to accept the Report of Interest for the fiscal year ending September 30, 2019 pursuant to Florida Statute 218.78. (All Districts) 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 4, 2019. (All Districts) 4) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between October 31, 2019 and November 27, 2019 pursuant to Florida Statute 136.06. (All Districts) K. COUNTY ATTORNEY Page 23 December 10, 2019 1) Recommendation to reappoint a member to the Golden Gate Community Center Advisory Board. (District 3) 2) Recommendation to reappoint six members to the Development Services Advisory Committee. (All Districts) 3) Recommendation to appoint a member to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) 4) Recommendation to appoint two members to the Industrial Development Authority. (All Districts) ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. Recommendation to approve by Ordinance the St. Katherine’s Greek Orthodox Church, Inc., Small-Scale Amendment to the Orange Blossom Mixed-Use Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and to Transmit to the Florida Department of Economic Opportunity. (Ad option Hearing) (PL20170003337/CPSS-2017-2) (This is a Companion to Agenda Item #17B). (District 2) B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2003-41, the Longview Center Planned Unit Development (PUD), as amended, and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the Page 24 December 10, 2019 appropriate zoning atlas map or maps by changing the zoning classification of 5.16 acres of land presently zoned Rural Agricultural to incorporate the parcel into the Longview Center PUD for a total PUD size of 19.9± acres; to allow church and institutional uses on the 5.16 acre Church Trac t; to allow, on the 4.52 acre North Tract, 30,000 square feet of uses ancillary to a church, including but not limited to classrooms for religious instruction and continuing education, offices, a multi-purpose building with kitchen, meeting rooms, indoor recreation facilities for church members and community gardens; or to allow on the 4.52 acre North Tract 10,000 square feet of retail uses and 15,000 square feet of office uses; to add a new Exhibit A-1 Master Plan detail for the North Tract and Church Tract; to amend development standards applicable to the North Tract and establish development standards applicable to the Church Tract; to update code citations and nomenclature; and to repeal Ordinance No. 92 -27, a conditional use for a church. The subject property is located on the northeast corner and southeast corner of the intersection of Airport-Pulling Road and Orange Blossom Drive in Section 1, Township 49 South, Range 25 East, Collier County, Florida, consisting of 19.9+/- acres; and by providing an effective date. (This is a companion to Agenda Item #17A) [PL20180002107] (District 2) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 85-83, an Ordinance amending No. 85-21, which amended No. 77-48, the Lely Barefoot Beach Planned Unit Development (PUD); by amending Section III, platted Lely Barefoot Beach Unit #1 blocks A through K, low density single family residential, to clarify that the replat of Block E known as platted Barefoot Estates remains part of this section; by amending section 9.4.7 maximum height for Tract D to increase the height from two stories above minimum base flood elevation to three habitable floors; and by providing an effective date. The subject property known as the Barefoot Estates subdivision and Lely Barefoot Beach Unit Two subdivision is located south of Bonita Beach Road in Section 6, Township 48 South , Range 25 East in Collier County, Florida. [PL20190001138] (District 2) D. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance Page 25 December 10, 2019 amending Ordinance Number 2006-61, as amended, which rezoned the subject property to a Residential Multi-Family-6 (RMF-6) Zoning District with conditions, in order to remove a condition of approval relating to affordable housing contributions and amend a condition of approval relating to restrictions on the issuance of Certificates of Occupancy until the roadway connection from Whippoorwill Lane to Livingston Road is fully operational, for property located approximately 3,500 feet south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 10+/- acres; and by providing an effective date. (District 4) E. Recommendation to adopt a resolution amending Stewardship Sending Area 15 (“CLH & CDC SSA 15”) in the Rural Lands Stewardship Area Overlay District (RLSA), by reducing the acreage by 5.6 acres, by re-designating 5,253.4 acres therein as “CLH & CDC SSA 15”, by removing additional land use layers and providing for restoration to increase the Stewardship Credits, by approving an amended and restated credit agreement, easement agreement, and escrow agreement for CLH & CDC SSA 15 and establishing the number of credits generated by the designation of said Stewardship Sending Area. (District 5) F. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20190001669, to disclaim, renounce and vacate the County and the public interest in a portion of Preserve/Replant Areas PA15 & PA16 of Vanderbilt Country Club-2, as recorded in Plat Book 32, Pages 42 through 55, and Preserve Areas M-1, M-2, M-3, and M-4 as recorded in Official Record Book 2406, Pages 549 through 589 of the public records of Collier County, Florida, located approximately one-quarter mile east of County Road 951 (Collier Boulevard) in Section 35, Township 48 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of a C onservation Easement to replace the vacated portion of the Preserve/Replant Areas and Preserve Areas. (District 5) G. Recommendation to amend Ordinance No. 2018-21 in order to codify the Board’s appointment of alternate members of the Infrastructure Surtax Citizen Oversight Committee. (All Districts) H. Recommendation to adopt a resolution approving amendments Page 26 December 10, 2019 (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2019-20 Adopted Budget. (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. December 10, 2019 Page 2 MR. OCHS: Ladies and gentlemen, if you'd please come to order. Thank you very much. Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Well, thank you, sir. This morning we're going to have an invocation and Pledge of Allegiance, and invocation's going to be given by Deacon Gary Ingold of Ave Maria Catholic Church. Good morning, sir. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE DEACON INGOLD: Good morning. CHAIRMAN McDANIEL: If you would, everybody rise, please. DEACON INGOLD: Let us pray. Oh, Mighty God, today I am so humbly honored and thankful for the invite to pray with and for the Collier County Board of County Commissioners. God, we ask you to bestow many blessing on these leaders: Specifically, Donna Fiala of District 1, Andy Solis of District 2, Burt Saunders of District 3, Penny Taylor of District 4, and William McDaniel, Junior, of District 5 and, of course, for all the wonderful Collier County people they represent day in and day out. May these commissioners always strive in their thoughts, words, deeds, and actions to protect the health, safety, welfare, and quality of life of those they serve; that is the people and businesses of Collier County. May the BCC be granted the virtues that perfects the powers they have been granted by those they serve through habits of prudence, justice, temperance, and fortitude that will always espouse December 10, 2019 Page 3 and inspire them to do good in the decisions they will make this day and always. Finally, oh, mighty God, all things are possible today with you in the midst of this very meeting of the BCC. May the BCC stand firm to its guiding principles and values so that they may achieve the ultimate of their efforts: The model of the Collier County Board of County Commissioners of exceeding expectations every day, of course, with God's help. Amen. CHAIRMAN McDANIEL: Wonderful prayer. Thank you. Would you lead us this morning in the Pledge. COMMISSIONER TAYLOR: I'd be honored to. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: Okay. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO CONTINUE ITEM #9B AND REFER BACK TO THE PLANNING COMMISSION TO REVIEW IN MARCH – APPROVED; MOTION TO CONTINUE ITEMS #9E, #9F, #11K AND #11L TO THE SECOND MEETING IN JANUARY WITH A WORKSHOP ON JANUARY 21 (TENTATIVE) – APPROVED; REQUEST BY THE PETITIONER TO CONTINUE ITEM #9D TO THE JANUARY 14TH MEETING – APPROVED; APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Commissioners, good morning. These are the December 10, 2019 Page 4 proposed agenda changes for the Board of County Commissioners' meeting of December 10th, 2019. The first proposed change is to move Item 16A29 from your consent agenda. That will become Item 11M on the regular agenda. This is a discussion regarding the annual membership payment to the South Florida Regional Planning Council. That item was moved at Commissioner Taylor's request. The next proposed change is to move Item 16F10 from the consent agenda to become Item 11N. This is a discussion of a previously board-directed invitation to negotiate seeking a private/public partnership for an affordable housing component on your Golden Gate Golf Course property. That item is moved at Commissioner Fiala's request. The next proposed change is to move Item 17E to your advertised public hearing agenda to become Item 9F. It is a recommendation to adopt a resolution amending Stewardship Sending Area 15 in your Rural Land Stewardship Overlay District. That item was requested to be moved by both Commissioner Taylor and Commissioner Saunders separately. And the final item is to add on Item 16D20 to this morning's consent agenda. This is an award of an electrical services upgrade at the East Naples Community Park in the amount of $547,382.08. This item was added at the staff's request. This was previously approved in the Board's budget. We went to print last Wednesday on the agenda. This bid did not open until last Friday. It is time sensitive that we have to get this work done before the national Pickleball Championship in April, so we're adding this item on so we have enough time to issue the notice to proceed and get the work done. Again, that's a staff request. That's a competitive bid; lowest responsive bidder below the budget, actually, at this point. December 10, 2019 Page 5 Commissioners, I have a number of time-sensitive items today on the agenda. I'll try to go through these quickly. Item 4A, this is a proclamation. We'll hear that immediately following your setting of the agenda. So after Item 2C, we will move to Item 4A. The recipient has a conflict and needs to get to another meeting this morning. Item 11A will be heard immediately following Item 5A. 11A is a discussion of the U.S. Census complete count efforts by the Board. Item 9A will be heard no sooner than 9:30 a.m. this morning. That's the presentation and adoption hearing on the Immokalee Area Master Plan. That will be followed immediately by Item 9B, which is a discussion of the proposed Land Development Code amendments for the Golden Gate Golf Course recreational uses. Item 9C will be heard no sooner than 11 a.m. That's a recommendation by staff to update your road impact fee and your water and sewer impact fee. Item 10A will be heard immediately following 11B which is -- 11B being a discussion of whether the Board wishes to reestablish the Conservation Collier Program, and 10A is a letter from the Trust for Public Lands related to that policy decision. Then we have three items that are companion items that are scheduled to be heard no sooner than 2 p.m. I know these have been an item of some discussion over the last 24 hours. These all relate to the rural lands stewardship and the Rivergrass proposal. Those are Items 9E, 11K, and 11L. If those are heard today, they're all to be heard no sooner than 2 p.m. And, thankfully, that's all I have this morning, Mr. Chairman. CHAIRMAN McDANIEL: And you're going to keep track of all that? MR. OCHS: That's why I have this guy. December 10, 2019 Page 6 CHAIRMAN McDANIEL: Oh, that's what Mr. Casalanguida is for, okay. MR. OCHS: That's all I have, sir. CHAIRMAN McDANIEL: Outstanding. There was -- I'll wait till it's my turn. Did I forget something? COMMISSIONER SOLIS: I thought there may be some changes to the agenda items, but -- CHAIRMAN McDANIEL: At this stage we'll -- COMMISSIONER SAUNDERS: There are going to be a few more changes. CHAIRMAN McDANIEL: Yes, there are going to be some. So we'll get to those when we go. So you want to go first with your ex parte and -- not want to. Will you please go first with your ex parte and any adjustments. COMMISSIONER SOLIS: I will. CHAIRMAN McDANIEL: This is ex parte on consent and summary, by the way. COMMISSIONER SOLIS: Consent and summary, no disclosures. The only ex parte disclosure would -- well, there wouldn't be a disclosure. No changes at this point. But on 16A8, I did have a conversation with Mr. Rice. But other than that, I have no other disclosures. CHAIRMAN McDANIEL: And changes? COMMISSIONER SOLIS: No changes. CHAIRMAN McDANIEL: Okay. Commissioner Fiala, good morning. COMMISSIONER FIALA: Good morning. CHAIRMAN McDANIEL: Good to see you. COMMISSIONER FIALA: Thank you very much. Do I look Christmasy enough? December 10, 2019 Page 7 CHAIRMAN McDANIEL: You look very pretty. Yeah, you really look nice. Very nice. She's got all kinds of really nice things on. Earrings, and -- COMMISSIONER FIALA: Thank you. And, yes, I have some items to declare. 9E, which is these -- CHAIRMAN McDANIEL: We're not on 9E. We're only doing consent. COMMISSIONER FIALA: Oh, I'm sorry. I just skipped that first page. I'm so sorry. Okay. Other disclosures would be 16A8, the City Gate Commerce Park, and I had meetings with Roger Rice and John Steinhauser, along with discussions with staff. On the summary agenda -- it's been a big agenda, folks. CHAIRMAN McDANIEL: Yes. When we only meet once a month, that's what it is. COMMISSIONER FIALA: Yeah. And the only thing I have to declare is 17D, and that is the Whippoorwill Lane to Livingston Road, and I've had discussions with staff on that. CHAIRMAN McDANIEL: Good morning. COMMISSIONER TAYLOR: Good morning. CHAIRMAN McDANIEL: You look very nice as well. COMMISSIONER TAYLOR: Thank you very much. And so do you, but I think we're going to have a barber come up here. The beards are getting longer. COMMISSIONER SAUNDERS: That could result in a fistfight or something. COMMISSIONER TAYLOR: Good morning. And I wanted to say Merry Christmas to our dear Commissioner Fiala -- COMMISSIONER FIALA: Oh, thank you. December 10, 2019 Page 8 COMMISSIONER TAYLOR: -- who's been here now for 20 years. And as you know, she's retiring, and this is her last Christmas meeting, and I'm noting that. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: So I just wanted to say Merry Christmas to you, and thank you. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: So I have no -- no ex parte, except I did have a conversation with the Rices regarding City Gate. I'm not sure it has to do specifically with that plat, so I'll put it on the record, but I declared it as no ex parte. And I do have one small addition to the agenda, and I've heard, quite by accident, but it seems to be true that the landscape prices are going down. And I'd like to see if my board -- if we could put on a reconsideration of our decision to not accept the very generous FDOT grant; to reconsider that based on landscaping prices. And I'd like to see -- the request would be that my board would consider reconsidering it. And we would not do it at this meeting; we would do it in January. COMMISSIONER FIALA: Thank you. I would like to second your motion. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: I certainly have no concerns with that as long as we have the information to be able to make a decision. I mean... COMMISSIONER TAYLOR: Yes, exactly. Apparently it's shifting as we speak. COMMISSIONER FIALA: A lot. CHAIRMAN McDANIEL: Well, it certainly is well past due to be shifting at $75,000 a mile. It needs to be less. Can you whip up something for us in January? December 10, 2019 Page 9 MR. CASALANGUIDA: I certainly can give you the information and where we stand now. CHAIRMAN McDANIEL: Is there a time certain -- excuse me. I don't mean to interrupt. Is there a time certain with regard to the acceptance of the grant? Is there a trigger that we have to hit in order to be able to accept the grant or not? MR. OCHS: That I don't know, sir. We'll find out when we bring this item back. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: And, Mr. Chairman, on the motion, I'm going to vote against the motion. There is a procedure for requesting reconsiderations, and this doesn't comply with that procedure. But regardless of that -- because I don't want to be overly technical on that. But regardless of that, six or eight or nine months ago, we voted not to do any more landscaping because we hadn't gotten control of the cost of maintenance. So until we get control of that and have a better understanding of what it's going to cost us in the future, I'm going to continue with that policy decision that we made some time ago. CHAIRMAN McDANIEL: And I don't disagree. I mean, hearing this item, I think, will bring a lot of that information to light -- COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: -- so I'm okay with that. COMMISSIONER TAYLOR: And this is not landscaping in general. This is specifically landscaping today, or in January, in relation to the grant. COMMISSIONER SAUNDERS: Oh, I understand what it's in relation to. It's the median beautification that we decided not to do a few weeks ago. So I know what we're talking about. CHAIRMAN McDANIEL: Correct. December 10, 2019 Page 10 COMMISSIONER SOLIS: Well, I was just going to add, it's -- I agree with Commissioner Saunders. I mean, unless in a few weeks it's gone down by half or, you know, some huge percentage, I'm -- I don't see any reason to revisit it. I was telling the County Manager that this grant is sort of like BOGO at Publix. You know, just because the chocolate ice cream's -- and I'm speaking for myself. Just because the chocolate ice cream is, you know, buy one get one free doesn't mean you should do it. COMMISSIONER FIALA: Oh, yes, it does. CHAIRMAN McDANIEL: When it comes to chocolate ice cream... COMMISSIONER SOLIS: I'm not in favor of revisiting this until we have a significant reduction in the price and the costs, so. CHAIRMAN McDANIEL: And I'm not saying -- by the way, I'm in support of the motion because it brings back the information and gives us an opportunity to review these expenses that were inordinately too high, and without that information we can't make a good decision one way or the other. And I'm not saying I'm supporting going forward with it. I just -- I want to have the information. So with that, do we -- are we so far out of Hoyle, or can we just bring that back up under -- we're not going to do anything about it today. Do we need to have a vote? MR. KLATZKOW: Well, I need to know if a majority of you want to bring it back. CHAIRMAN McDANIEL: Three-two. COMMISSIONER TAYLOR: Should we vote now or just -- MR. KLATZKOW: You would vote now. CHAIRMAN McDANIEL: All in favor of bringing it back in January? December 10, 2019 Page 11 COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed? COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Three-two. Did you have any other adjustments? COMMISSIONER TAYLOR: No, I think that's it. CHAIRMAN McDANIEL: Commissioner Saunders, good morning. COMMISSIONER SAUNDERS: Well, thank you. Good morning. And Merry Christmas to everyone as well. I've got a couple things. First of all, on the 16A8, I did have some meetings with the property owners at City Gate talking about some general items, so I'll include that as part of my disclosure on that agenda. There were a couple items that I want to continue, and I want to explain why. Item 9B deals with the zoning changes for the Golden Gate Golf Course, and the Planning Commission was 100 percent correct in recommending a denial of that. And I don't want to bring back a request for a change that I have asked for when we have a unanimous vote in the negative from the Planning Commission. I don't think it's appropriate for me to even ask the Board to consider something like that. I don't mind bringing something back with a negative but not a unanimously negative vote, just in case we get a negative vote next time. And what I'd like to do is refer this item back to the Planning Commission for their March meeting. And the reason I want to do that in March is we have a couple responses to our invitation to December 10, 2019 Page 12 negotiate to develop a golf course operation out there. It's in the -- the responses are in the Purchasing Department. No one knows what the content of the responses is at this point. But over the next month or so, we'll get an idea of what the possibilities are out there. If we get a vendor that has a proposal that this commission accepts, that will give us an opportunity to negotiate with that vendor. At that point in time, we can present this back to the planning board for consideration, because at that point they'll have all the information that they would really need to have in order to make a rational decision on those two changes. So I'd like to move that the item be continued, that it be referred back to the Planning Commission for their March meeting, and then we'll have further conversations over the next month or so before the Commission. So that's the motion on Item 9B. CHAIRMAN McDANIEL: Second. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved? COMMISSIONER SAUNDERS: All right. The next item is 9E, and I know Mr. Yovanovich is here to talk about that as well. And I think this includes 9E, 11K, and 11L, if I'm not mistaken. MR. OCHS: Yes, sir. December 10, 2019 Page 13 COMMISSIONER SAUNDERS: All three of them are together. My request is to continue this to our second meeting in January, and Mr. Yovanovich may ask that it be continued, if it's going to be continued, to a little sooner than that. But my request is to the second meeting in January. And my rationale for asking for this to be continued is this is going to be probably the most -- this will be the start of the most significant decisions we're going to make for the future of this county. We're going to impact development for the next 50 years. And to be perfectly candid with you, I'm a little bit confused as to what we have to do based on prior actions by the Board and what we should do in terms of policy going forward. For example, our entire Long Range Transportation Plan, we've dealt with this kind of on a piecemeal basis. The MPO has been dealing with it. I'd like to have a presentation from our staff on what our Long Range Transportation Plan is for the future of Eastern Collier County. Part of the reason that I want to continue this item is that the Big Cypress Parkway is critical to development, and I'm not sure whether we should do the Big Cypress Parkway or not. I just don't have enough information, and I need to have that prior to being ready to start voting on land-use changes. So I think I can get that information by our second meeting in January. I would suggest that the Commission have a workshop with staff on that, and I think we can do that pretty quickly depending on everybody's schedule. But that's one aspect of it. The other is, I want to make sure we're doing the right things to protect the environment and to maximize protecting farmlands and protecting critical environmental habitat, so I need more time. And that's my motion to continue this to the second meeting in January, but in the interim to have staff either in -- at our next meeting on January 8th, I believe, or at some workshop that we all schedule, to December 10, 2019 Page 14 really outline what our Long Range Transportation Plan is and perhaps give the environmental community as well, and our staff, an opportunity to talk about what we need to be doing. So that's the motion on 9E, 11K, and 11L. CHAIRMAN McDANIEL: And there's -- COMMISSIONER FIALA: I'll second that. CHAIRMAN McDANIEL: It's been moved and seconded. One second. You have to light up if you want to speak. Commissioner Solis is first. COMMISSIONER TAYLOR: Oh, okay; sorry. CHAIRMAN McDANIEL: That's okay. COMMISSIONER SOLIS: And I agree. I think there's more work to be done, and I would hope that since this is, I think, one of the most important decisions we're going to make, that everyone involved, including our staff, we can sharpen our pencils and make this a better -- a better decision. I think there's a lot of things that need to be fleshed out a little better in my mind on everyone's part. So I would urge everyone to sharpen their pencils, including our staff, and let's make sure that this decision is the best it can be for the county because it is -- you know, this is the future of growth in Collier County, and it's an important decision. So I would rather also see this happen sooner rather than later. I mean, if it's the -- if there's consensus to have a workshop, I'd say let's do it as quickly as possible, because this is an important decision, and we need to go ahead and make a decision. CHAIRMAN McDANIEL: Well, the motion's been made for the second meeting in January. COMMISSIONER SOLIS: Is there a reason that we couldn't set it for the first meeting, and then if there's progress being made, that we could continue it again? Because I like the sense of urgency because it makes people work. December 10, 2019 Page 15 COMMISSIONER SAUNDERS: I think I could give two reasons: Christmas and New Year's. CHAIRMAN McDANIEL: I was just going to say, you can't get anything done this time of year. COMMISSIONER SAUNDERS: It's going to be very difficult for us to get everything together in time for that. COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: That's just my opinion. CHAIRMAN McDANIEL: And I think that's a rational -- COMMISSIONER SOLIS: I like a sense of urgency. CHAIRMAN McDANIEL: Well, we all like that, but I think that's a rational thought process. I've said it for a millennia that we could take off from Thanksgiving through the first of the year and really not miss much, but I think the second -- hey, how you doing? Commissioner Taylor wants to go first, and then I'll get to you. COMMISSIONER TAYLOR: First of all, I'd like to ask staff, does that -- the second meeting in January, does that work with your schedules, and do you think you can meet that? This is a very, very important meeting we're going to -- MR. OCHS: Yes, we can meet that deadline. COMMISSIONER TAYLOR: Okay. And then the second question I have of my colleagues, and of course this can't be forced, but perhaps I would suggest it to the petitioner. As you were rated a D minus on the project you brought before the Planning Commission by the Planning Commission -- by staff, matter of fact, and it wasn't -- it wasn't unanimous, but it was almost unanimously rejected, would you consider going back to the Planning Commission to make it better, make it more -- to reconsider the project and, under the comments that you received at the Planning Commission, make those adjustments? And I'm requesting it. I'm not demanding it, of course. December 10, 2019 Page 16 COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: If I could interrupt, just because there's some legal issues that we're going to start getting into. So I just want to make sure the County Attorney's okay with even asking the questions about referring it back. MR. KLATZKOW: If you're going to have a workshop as to the need for Big Cypress Parkway, I think that decision from the Board would go a long way before considering placing it back to the Planning Commission. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: Depending upon the decision of the Board, you would have two different discussions at the Planning Commission. COMMISSIONER TAYLOR: Okay. So then, perhaps, we can reserve that, but know that I'm requesting it respectfully. CHAIRMAN McDANIEL: Gotcha. COMMISSIONER TAYLOR: All right. CHAIRMAN McDANIEL: Yes. MR. YOVANOVICH: Is it appropriate -- CHAIRMAN McDANIEL: There's one thing, 17E. MR. YOVANOVICH: I was going to add, we would like that to be continued as well. CHAIRMAN McDANIEL: If the motioner would like to continue that item as well -- COMMISSIONER TAYLOR: Okay. MR. YOVANOVICH: I think it's 9 something now. We want to add that to the list of things to be continued. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: Okay. That's the only thing you had? December 10, 2019 Page 17 MR. YOVANOVICH: Well, that, and I just want to make sure -- I understand the questions regarding the Long Range Transportation Plan and discussing those issues, but I think it's important to understand that the program's the program, and we should be allowed to go through, even despite what the vote was at the Planning Commission. We obviously don't agree with some of those points. I don't want to get into the details of that, but certainly we understand the need to better understand the Long Range Transportation Plan and how big -- how the District as well as the Rivergrass petition fit into that, and we're agreeable to the continuance that you've asked for, and that's all I'm prepared to discuss today, and I think anything beyond that's -- COMMISSIONER TAYLOR: So I just would like you to consider it but not say a definitive no at this point, and we will see. CHAIRMAN McDANIEL: See which way the wind's blowing as we go through. COMMISSIONER TAYLOR: That's right. CHAIRMAN McDANIEL: How about a workshop? Are we -- are you -- how's our schedule? MR. OCHS: Well, you typically have those the first Tuesday of the month. CHAIRMAN McDANIEL: That's not going to happen. MR. OCHS: It's going to be right behind the New Year's. I don't know if that's convenient for the Board. We can work on your schedules. CHAIRMAN McDANIEL: Well, we can -- you know, we don't have to have it on the first Tuesday. We could have it on a different Tuesday, maybe the third or something as a wrap-up before we come in for the final -- MR. OCHS: Okay. CHAIRMAN McDANIEL: -- before the hearing on this. December 10, 2019 Page 18 MR. OCHS: Yeah. You have board meetings on the 14th and 28th of January. CHAIRMAN McDANIEL: Correct. MR. OCHS: The agenda for the 28th has to get published the Wednesday before. So if you have a workshop after that Wednesday, if it influences what you're going to see on the 28th, you know, it will have to be put on the record during the meeting. CHAIRMAN McDANIEL: Go ahead, Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. I think in terms of what's going to be on the agenda on the 28th is what we have already. That's pretty well set. MR. OCHS: Okay. COMMISSIONER SAUNDERS: So I think that if we have a workshop, you know, a week or 10 days prior to that, that should be plenty of time. And if you want to go through schedules, now we can. CHAIRMAN McDANIEL: I'm okay with it if we set it up for the third Tuesday of the month. MR. OCHS: Why don't we work with your office during the day, and then later on today, we'll lock that down under communications. COMMISSIONER SAUNDERS: Perfect. CHAIRMAN McDANIEL: Because, necessarily, we're reviewing things in a workshop that aren't going to be voted on the Long Range Transportation Plan, the implications of Big Cypress Parkway, so on so forth, the entire grid system of Collier County and Eastern Collier County. So it's -- in the workshop format, having that is just -- is edification. MR. YOVANOVICH: Mr. Chairman, and not related to this item, but I do have a request to continue one other item, and I don't know when that's appropriate to make that request. So is it now or -- December 10, 2019 Page 19 CHAIRMAN McDANIEL: Yeah. One second. Commissioner Taylor lit up, and I want to find out what -- COMMISSIONER TAYLOR: Just the 7th of January is that first Tuesday. So just keep -- it's not -- I thought it was the 2nd. It's the 7th. So, I mean, we can talk depending on whose vacations go over, but also maybe we could even do it another day -- CHAIRMAN McDANIEL: I have nothing else to do, so -- I don't have a life. MR. OCHS: Sure. We'll lock that down a little bit later. COMMISSIONER SOLIS: The agenda would have to be finalized on New Year's Day, that's all. MR. OCHS: That's not a problem. COMMISSIONER SOLIS: Okay. Sorry. COMMISSIONER FIALA: You don't mind coming in a little extra. Good. MR. OCHS: It's all good. COMMISSIONER TAYLOR: We could have a New Year's Eve workshop. Wouldn't that be fun? CHAIRMAN McDANIEL: Let's keep things rolling along. There's a lot of things here that are -- sorry. Some of these people have to go back to work. Mr. Yovanovich? MR. YOVANOVICH: Yes, thank you. COMMISSIONER SAUNDERS: Do you want to vote on this motion? CHAIRMAN McDANIEL: Oh, I'm sorry. Did we not vote on it? COMMISSIONER SAUNDERS: No. CHAIRMAN McDANIEL: I'm sorry. Forgive me. It's been moved and seconded that we continue these listed agenda items until our second meeting in January. Any other discussion? December 10, 2019 Page 20 (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. Sorry about that, Commissioner Saunders. Anything else, sir, declarations or adjustments, Commissioner Saunders? COMMISSIONER SAUNDERS: Oh, no. I think that's enough for this morning. CHAIRMAN McDANIEL: Yeah. You want to go before me? MR. YOVANOVICH: My turn? CHAIRMAN McDANIEL: Yes, sir. MR. YOVANOVICH: Or I can go after you. CHAIRMAN McDANIEL: No, it doesn't matter. MR. YOVANOVICH: We would also like to continue Item 9D, which is the Growth Management Plan regarding Hammock Park Commerce Center, to the -- CHAIRMAN McDANIEL: Which item? MR. YOVANOVICH: 9D, as in dog. CHAIRMAN McDANIEL: 9D. I heard -- MR. YOVANOVICH: -- to your first meeting in January, which I think is the 14th. COMMISSIONER TAYLOR: You're ensuring that this commissioner's going to participate in the City of Naples Christmas Parade tonight, so thank you. December 10, 2019 Page 21 MR. YOVANOVICH: I am here to make your life easier. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Well, I'll make a motion that we continue that item until -- you want to do it to the first meeting in January? MR. YOVANOVICH: Yes. COMMISSIONER FIALA: I'll second that. CHAIRMAN McDANIEL: It's been moved and seconded that we continue Item 9D until the first meeting in January. 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. YOVANOVICH: Thank you. CHAIRMAN McDANIEL: Well -- now it's my turn. I was a little confused on 17D because it talks about the connection of Whippoorwill and Livingston Road, but the actual request is for the change of the zoning for the multifamily project, not the continuance of the Whippoorwill Lane, per se. So I have had meetings with regard to the continuance of Whippoorwill Lane, so we'll just add that into my disclosure on that. I did have emails with regard to 17F, and I would like to ask about 16A. We had a couple of public speakers on Massey? December 10, 2019 Page 22 MR. MILLER: Yeah, that's correct, sir. 16A5, we have two registered public speakers for that item. CHAIRMAN McDANIEL: I wanted to bring that up to set it as an agenda item to actually -- I had that on my list to bring up anyway. So I'd like to set -- I'd like to move 16A5, did you say? MR. MILLER: Yes, sir, 16A5. MR. OCHS: That would become Item 9G if you want to move that forward. CHAIRMAN McDANIEL: I'll make that motion that we do that, if -- and silence prevails. COMMISSIONER SOLIS: I'll second that. CHAIRMAN McDANIEL: Okay, thank you. Jiminy Christmas. It's been moved and seconded that we move 16A5 up to the regular agenda at whatever item we're on over 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. MILLER: Mr. Chairman, can I just confirm everything we continued for the sake of my speakers' list here? I want to make sure I've got it straight. 9D, 9E, 9F, 11K and 11L; is that correct? MR. OCHS: That's correct. December 10, 2019 Page 23 MR. MILLER: So if you've registered to speak on those items, those items have been continued. Thank you, sir. CHAIRMAN McDANIEL: Okay. I'm just making sure with my notes that we're all set. Other than that, with that our agenda's been set and approved and ex parte completed. I'll take a motion in that regard. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: Second. COMMISSIONER SOLIS: 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 TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Proposed Agenda Changes Board of County Commissioners Meeting December 10,2019 Move Item 16A29 to Item 11M: Recommendation to authorize payment of the annual assessment fee for Collier County's membership in the Southwest Florida Regional Planning Council (SWFRPC),in the amount of$110,204 for FY20. (Commissioner Taylor's request) Move Item 16F10 to 11N: Recommendation to approve the goals and objectives and evaluation criteria proposed to develop an Invitation to Negotiate (ITN) seeking a Public-Private Partnership (P3)to provide an Affordable Housing and Land Development Component on the Golden Gate Golf Course property. (Commissioner Fiala's request) Move Item 17E to Item 9F: Recommendation to adopt a resolution amending Stewardship Sending Area 15 ("CLH& CDC SSA 15") in the Rural Lands Stewardship Area Overlay District (RLSA), by reducing the acreage by 5.6 acres, by re-designating 5,253.4 acres therein as "CLH & CDC SSA 15", by removing additional land use layers and providing for restoration to increase the Stewardship Credits, by approving an amended and restated credit agreement, easement agreement,and escrow agreement for CLH& CDC SSA 15 and establishing the number of credits generated by the designation of said Stewardship Sending Area. (Commissioner Taylor and Commissioner Saunders' separate request) Add-On Item 16D20: Recommendation to award Request for Quotation#19-80401-1,"East Naples Community Park Electrical Upgrades," under Agreement No. 19-7525, Annual Agreement for General Contractor Services, to Chris Tel Construction in the amount of $547,382.08. (Staff s request) Time Certain Items: Item 4A to be heard immediately following Item 2C Item 11A to be heard immediately following Item 5A Item 9A to be heard no sooner than 9:30 a.m.,followed by Item 9B Item 9C to be heard no sooner than 11:00 a.m. Item 10A to be heard immediately following Item 11B Item 9E to be heard no sooner than 2:00 p.m. Item 11K to be heard no sooner than 2:00 p.m. Item 11L to be heard no sooner than 2:00 p.m. 12/31/2019 8:16 AM December 10, 2019 Page 24 Item #2B and #2C OCTOBER 22, 2019 BCC MEETING MINUTES AND NOVEMBER 12, 2019 BCC MEETING MINUTES – APPROVED AS PRESENTED MR. OCHS: Mr. Chairman, Item 2B and 2C are recommendations to approve the Board of County Commissioners' meeting minutes from October 22nd, 2019, and November 12th, 2019. COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept these minutes as printed. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: Thank you, Commissioners. Item #4A PROCLAMATION RECOGNIZING EDWARD STAROS AS THE RECIPIENT OF HOTELS MAGAZINE'S INDEPENDENT HOTELIER OF THE WORLD AWARD FOR HIS ELITE LEVEL December 10, 2019 Page 25 OF DEDICATION AND SERVICES AND HIS INVALUABLE CONTRIBUTIONS TO OUR COMMUNITY. ACCEPTED BY EDWARD STAROS – ADOPTED (READ INTO THE RECORD BY COMMISSIONER MCDANIEL) MR. OCHS: Mr. Chairman, we move to Item 4A. This is a proclamation recognizing Edward Staros as the recipient of Hotels Magazine's independent Hotelier of the Year Award for his elite level of dedication and services and his invaluable contributions to our community. Mr. Staros, if you'd step forward. (Applause.) MR. STAROS: Thank you. It's an interesting award. Hotel Magazine has been kind of the Bible of our industry for as long as I've been in the industry, which is 48 years. About 40 years ago they started listing nominees, and then they send those nominees out in their April or May edition, and they send it out to all the subscribers of the magazine, which is a worldwide publication. And they said, if you think that these people deserve recognition, vote for them. And they give a date certain at a certain time that all the votes have to be in. Somehow I won. I don't know exactly how that works, but they told me it was due to the amount of coaching and mentoring I've done over the course of the 48 years. I've been with Ritz now for 38 years -- 37 years; was at Hyatt for 11. And when the votes came in, there was as many Hyatt votes as there was Ritz votes. So it was really quite an honor in the sense that something I said, something I did, something I coached, something I monitored meant something to somebody else. But the best one I have to tell you is that there was a law student at Emory Law School, and he was a bellman when I was the general December 10, 2019 Page 26 manager at the Ritz-Carlton Buckhead in 1988, '89, '90, '91, so forth. And he voted still because he still gets the magazine. You have to have the magazine to vote. And his comment was the principles of trust, honesty, respect, and integrity that you taught me when I was a bellman is what I use now in my law firm in Los Angeles. And so that's the kind of thing that makes it -- makes it worthwhile. It's kind of like a worldwide Junior Achievement award kind of thing. So thank you very much. It's been my pleasure. CHAIRMAN McDANIEL: If you would please indulge me, we're going to all come down there and take our picture. MR. STAROS: Oh, my goodness. CHAIRMAN McDANIEL: I'm going to read -- with the -- I'm going to read this proclamation, if I may, because it will verify all of the truths that you said there in your story. Whereas, Edward Staros began his stellar career in the hospitality industry in 1972 at a hospital in San Francisco -- at a hotel in -- MR. STAROS: Hotel. CHAIRMAN McDANIEL: Forgive me. It was a hotel. -- in San Francisco, and after stints in Pittsburgh and Chicago, he joined the Ritz-Carlton Hotel Company of America operating its property in Atlanta, and Mr. Staros is recognized as a major contributor to the birth of Ritz-Carlton brand and a driving force behind winning two Malcolm S. Baldridge awards that recognize companies that implemented successful quality management systems and is the nation's highest presidential honor for performance and excellence; Whereas, he arrived in Naples -- you're really paying attention, aren't you? Whereas, he arrived in Naples in 1999 in a leadership role for Ritz-Carlton Naples becoming its vice president and managing director and leading the property to a Forbes five-star award, a Triple December 10, 2019 Page 27 A five-diamond award, a Trip Advisor Certificate of Elegance and being voted as the best hotel in the U.S., No. 1 in Naples, by U.S. News and World Report; and, Whereas, Mr. Staros in 2019, recipient of Hotel Magazine's Independent Hotelier of the World Award that recognizes individuals and their careers with criteria including how the nominee defines standards of service, overall operational excellence and performance, creativity in management, and what they do for the greater good of the global hotel industry; and, Whereas, Mr. Staros is a profound community leader currently sitting on the Lutgert College Business Advisory Board and Resort Hospitality Management Advisory Board at the Gulf Coast University, and he appointed the Ritz-Carlton Naples to become a founding sponsor of the Naples Winter Wine Festival which funds the Children's Education Foundation, a not-for-profit organization that supports programs to improve the physical, emotional, and educational lives of Collier County's underprivileged and at-risk children. Now, therefore, the Board of County Commissioners of Collier County wishes to recognize Edward Staros as the recipient of Hotel Magazine's Independent Hotelier of the World Award for his elite level of dedication and service and his in-valued contributions to the community. So done today by me. I've got to meet that guy. MR. STAROS: Thank you very much. (Applause.) CHAIRMAN McDANIEL: He just said he's only been at the hotel only for 21 years. MR. STAROS: Let me just say one little quick thing just so everybody can hear me. I joined Ritz-Carlton in March of 1983. My first assignment in April 1983 was the groundbreaking ceremony for December 10, 2019 Page 28 the Ritz-Carlton Naples, and I've been involved with that over -- through Naples -- through my entire career with Ritz-Carlton in the development of it. On opening day, I called my wife. She was eight months pregnant with our first child, and I was looking out the window and I was telling her how beautiful the sunset was and how wonderful the employees were, and that's truly the essence of why this hotel is rated so high. It's the outstanding employees. And I was on the phone talking to her, and she said, well, maybe some day you'll come back and be the managing director. Well, that happened 21 years ago. So it's been a lot of fun. COMMISSIONER TAYLOR: And, Ed, you have people that have been with you working in that hotel from the beginning -- MR. STAROS: Yes. COMMISSIONER TAYLOR: -- of the hotel, right? MR. STAROS: We actually have three people in the doorman department, the doormen, that were there the day we opened. And I did the training with Joe Freni. Joe is a wonderful first operator. He was there for the first 12 years. I came for a couple of months to do all the training. So this hotel is really my baby, and it's been wonderful. And I am retiring, and that -- because I just need to spend a little time with -- I need to spend a hell of a lot of time with my wife, actually. I owe her, like, years of my life, you know. So that's what I'm doing. So thank you so much. (Applause.) CHAIRMAN McDANIEL: Well, there you are. Item #3D1 December 10, 2019 Page 29 RECOGNIZING OLGA GRIE, PUBLIC UTILITIES DEPARTMENT APPLICATIONS ANALYST, AS THE OCTOBER 2019 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: Mr. Chairman, we move to awards and recognition. MR. OCHS: Item 3D is a recommendation to recognize Olga Grie, Public Utilities Department Applications Analyst, as the October 2019 Employee of the Month. If you'll please step forward, Olga. (Applause.) MR. OCHS: All right, Olga. Stand right there while I let the audience know a little bit more about you. Olga's been working with our Facilities Management Division since '15. In August of this year, Facilities launched the City Works Program which is the county's Enterprise Asset Management System that manages all of our service requests, work orders, and inventory and also involved in the creation of new space management system. Olga has been and continues to be integral to the successful launch of this system in the division. She spearheaded meetings and training with Facilities staff as well as the Clerk's Office staff and the Public Utilities inventory team members over the last few months to prepare them for this major change. She served as the liaison between Facilities and the rest of the Public utilities department for communications involving City Works and continuously troubleshoots issues along the way. She exemplifies the mission of the county by delivering high-quality work to support the division, modeling the core values and guiding principles and living our motto every day. By putting all into her launching of the City Works and supporting the facilities operations and maintenance team and to continue to excel at her other December 10, 2019 Page 30 responsibilities, Olga has demonstrated how deserving she is of this award. Commissioners, it's my honor to present Olga Grie as your October 2019 employee of the month. Congratulations. (Applause.) Item #3D2 RECOGNIZING JOE COCCIA, GROWTH MANAGEMENT DEPARTMENT, SENIOR FIELD INSPECTOR, AS THE NOVEMBER 2019 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: Commissioner Solis, we get a BOGO today, because Item 3D2 is a recommendation to recognize Joe Coccia, your Growth Management Department Senior Field Inspector, as the November 2019 Employee of the Month. Joe, if you'd step forward. (Applause.) COMMISSIONER TAYLOR: Congratulations. You got a standing ovation back. He's blushing. COMMISSIONER FIALA: That's it. Tuck it away. Congratulations. COMMISSIONER SOLIS: Congratulations. MR. OCHS: Stay right there, Joe. Commissioners, Joe's been with the Growth Management Division since 2015. His current assignment is to oversee the road construction and drainage installation work for the Stormwater Division's joint county/City of Naples project west of Goodlette-Frank Road. This project is very large and complicated, consisting of removing existing roadways, installing new sewer and water mains and associated drainage, and reconstructing those roads. December 10, 2019 Page 31 Joe's met with many of the residents and business owners and has done an outstanding job of keeping them informed and knowledgeable about what is happening with this project. His interactions have succeeded in keeping complaints to a minimum, which is quite unusual for such a large-scale project such as this. He always goes above and beyond to make sure everyone's needs are met to the best of his ability, and his can-do attitude and his always looking out for the residents and taxpayers' best interest -- which makes him so deserving of this award. Commissioners, it's my honor to present Joe Cassia as your Growth Management Employee of the month for November 2019. Congratulations, Joe. (Applause.) Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS MR. OCHS: Commissioners, we move on to proclamations this morning. Item #4B PROCLAMATION DESIGNATING JANUARY 16, 2020 AS NATIONAL RELIGIOUS FREEDOM DAY IN COLLIER COUNTY. ACCEPTED BY GREG HARPER, FATHER MICHAEL ORSI, PASTOR RICK BALDWIN, PASTOR ANDREW DELONG AND PASTOR GREG BALL – ADOPTED December 10, 2019 Page 32 MR. OCHS: Item 4B is a proclamation designating January 16, 2020, as National Religious Freedom Day in Collier County. To be accepted by Greg Harper. Mr. Harper, if you would step forward, please. (Applause.) MR. HARPER: May I make a few remarks? CHAIRMAN McDANIEL: Please, I would love to. MR. HARPER: Since your agenda shrunk. CHAIRMAN McDANIEL: Yeah. I was going to say, we don't have anything else to do today. MR. HARPER: So, again, thank you very much for issuing this proclamation. By my count, I believe this is the sixth year that the Board of Commissioners has issued a proclamation recognizing Religious Freedom Day. This will also be the 26th year that the president has done so. And it declares January 16th as Religious Freedom Day. The purpose for recognizing that day is it coincides with the Virginia statute on religious freedom, which was penned by Thomas Jefferson and was adopted by the Virginia House of Burgesses in 1786, and it stands as one the seminal documents describing the interaction between church and state. So thank you again for issuing this. I just also -- the proclamation encourages communities to take steps and to conduct activities that take advantage of the religious freedom that this country holds. On January 16th, in Collier County, a group of volunteers will be going into our Collier County high schools, public high schools, and leaving bibles to be picked up by students. In the nine years that I've been involved with the program, we've had over 7,000 bibles picked up by Collier County high schools. So, again, thank you for recognizing this very important right that we have. Thanks. December 10, 2019 Page 33 (Applause.) Item #4C PROCLAMATION DESIGNATING JANUARY 17, 2020 AS DR. MARTIN LUTHER KING JR. PRAYER BREAKFAST DAY IN COLLIER COUNTY. ACCEPTED BY WYNN WATKINS, PRESIDENT, TRINITY LIFE FOUNDATION, PASTOR RIC NEAL, DR. HENRY FLOYD, JR., AND DAVID HINDS – ADOPTED MR. OCHS: Item 4C is a proclamation designating January 17th, 2020, as Dr. Martin Luther King Junior Prayer Breakfast Day in Collier County. To be accepted by Pastor Rick Neal, founder of Trinity Life Foundation; Wynn Watkins, president; Dr. Henry Floyd Junior; David Hinds; and Akita Cannon. (Applause.) MR. OCHS: And Sheriff Rambosk. MR. WATKINS: My name is Wynn Watkins. I am the President and CEO of Trinity Life Foundation. And to the commissioners and to acknowledgment of my board, we are so humbled and pleased that you have honored us with this proclamation. It's a wonderful event for a new organization. You need to know that on January the 17th at the Hilton, the wonderful Dr. King celebration will continue. The funds for that will go toward us helping the juvenile justice system, the students, and the parents who need assistance on how to walk through the process. Donna, I know that you are retiring, but I need to acknowledge you, because you have been such a leader in our community, with the eight Kiwanis clubs with our focus being on children all these years, and the foundation is continuing to do that with the focus on children. December 10, 2019 Page 34 We know that as Collier County continues to expand in population, we must find ways to knit ourselves to be closer together. So thank you so very much for this honor. COMMISSIONER FIALA: Thank you, Wynn. (Applause.) Item #4D PROCLAMATION DESIGNATING JANUARY 11 - 19, 2020 AS KINDNESS AWARENESS WEEK IN COLLIER COUNTY IN SUPPORT OF THE ANNUAL "ONE MILLION ACTS OF KINDNESS" CAMPAIGN. ACCEPTED BY BOB VOTRUBA WITH HIS BOSTON TERRIER TRAVELING COMPANION, BOGART, AND BRENDA ARNOLD FROM THE BOYS & GIRLS CLUB OF COLLIER COUNTY – ADOPTED MR. OCHS: Item 4D is a proclamation designating January 11th through the 19th, 2020, as Kindness Awareness Week in Collier County in support of the annual One Million Acts Of Kindness Campaign. To be accepted by Bob Votruba with his Boston Terrier traveling companion, Bogart, and Megan McCarthy Beauvais and Brenda Beauvais from the Boys and Girls Club of Collier County. Good morning. (Applause.) CHAIRMAN McDANIEL: We've met Bogart before. MR. VOTRUBA: Yes, you have. CHAIRMAN McDANIEL: There you go, sir. You want Bogart to read it? MR. VOTRUBA: Absolutely. CHAIRMAN McDANIEL: The dog is misbehaving? (Applause.) December 10, 2019 Page 35 MS. BEAUVAIS: I was told I have a few minutes. Thank you again for getting my name right. It's the second month in a row, and I'm excited to be back here. We just wanted to thank the commissioners for recognizing something that we feel is very important for all young people to learn, and that's kindness. It's especially important for them to gain academic skills and to progress through their learning, but to teach kids how to have empathy and to teach kids how to have respect and how to associate with one another in a positive way will only help our world be a better place. So we really work with our young people. We're so happy to have the kindness bus come every year to really help our students and our young people learn how to be kind, generous, caring, productive citizens for the world today. So we think that is a great legacy to leave with our kids, as they will be our future leaders. Thank you. CHAIRMAN McDANIEL: Thank you very much. (Applause.) Item #4E PROCLAMATION DESIGNATING JANUARY 11, 2020 AS CHILDREN'S BUSINESS FAIR DAY IN COLLIER COUNTY. ACCEPTED BY ALEX BREAULT, AMANDA BEIGHTS, NIKKIE DVORCHAK, MICHAEL DALBY, AND MADELINE YOUNG – ADOPTED MR. OCHS: Item 4E is a proclamation designating January 11th, 2020, as Children's Business Fair Day in Collier County. To be accepted by Alex Breault, Amanda Beights, Nikkie Dvorchak, Michael Dalby, and Madeline Young. Good morning. December 10, 2019 Page 36 (Applause.) MS. BEIGHTS: Good morning, Commissioners. My name is Amanda Beights, and I'm the Vice President of the Leadership Collier Foundation with the Greater Naples Chamber of Commerce. We thank you so much for recognizing January 11th, 2020, as the Children's Business Fair Day. The Naples Children Business Fair, in partnership with the wonderful Collier County Public Schools, who's here today, offers the opportunity for young entrepreneurs ages 6 to 17 to showcase and sell their original product or service to the public through a fun and interactive event with children's business booths. We'll have over 125 student businesses this year, and we're so excited. Through this entrepreneurial experience, students will learn the basics about business strategies, salesmanship, communications skills and marketing, all while enjoying the rewards of their hard work. The Leadership Collier Foundation of the Greater Naples Chamber will work with participants post event to help continue their professional growth, connect them with business leaders, and provide and support -- and provide support on their entrepreneurial journey. The proceeds benefit the Leadership Collier Foundation in support of our youth development work and work-based learning initiatives, such as internship connections, work site tours, and career shadow days for all of our local students. I want to thank Nikkie Dvorchak, our vice president of events and development at the Chamber, for leading this event; Alex Breault, our director of work-based learning, who supports business and student connections every day; and I want to thank our sponsors. And I thank you again for helping us nurture and grow our workforce. We hope to see you and all of you in the audience with us on January 11th to support, buy, and have fun. Thank you. December 10, 2019 Page 37 CHAIRMAN McDANIEL: Absolutely. (Applause.) MR. OCHS: Mr. Chairman, if I can get a motion to approve today's proclamations, please. COMMISSIONER FIALA: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve today's proclamations. 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. Done. MR. OCHS: Thank you. Item #5A THE COLLIER COUNTY BUSINESS OF THE MONTH FOR DECEMBER 2019 TO HEALTHCARE NETWORK OF SOUTHWEST FLORIDA. ACCEPTED BY DR. EMILY PTASZEK – PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for December 2019 to the Healthcare Network of Southwest Florida. To be accepted this morning by Lou Traina, Vice President of Philanthropy; Julie Blauman, Vice December 10, 2019 Page 38 President of Human Resources; Tom VanPelt, VP of Operations; and Tami Raznoff, Chief Financial Officer. COMMISSIONER FIALA: You earned it. CHAIRMAN McDANIEL: Haris is in front of me so nobody can see me. COMMISSIONER FIALA: You're the only one that's taller than him. CHAIRMAN McDANIEL: I'm totally joking. There we go, outstanding. Good morning, Mr. Lou. MR. TRAINA: Well, this is really quite an honor. I want to thank you all for this recognition. I actually represent the -- our board of directors of the operation as well as the board of trusts of the foundation, our president, Dr. Emily Ptaszek. I was asked to just say a few things about Healthcare Network, so I thought I'd give you some data, which really kind of gives you the size of this organization. I was actually proud to serve in this organization on their operation board for several years, and then I was asked to come on to help raise some money. Healthcare Network is a fairly qualified health center that provides healthcare really to the working poor regardless of insurance status. And in Collier County, that represents well over 51,000 patients' primary-care visits which represent well over 200,000 patient visits. So when we say integrated primary care, that means, let's say, when a pediatrician is working with a child, he's working -- he or she is working side by side with a doctoral psychologist. And because it's the working poor and because Florida's a primarily children-only Medicaid state, well over half the children in Collier County are our patients, and that's well -- that's probably about 34,000 children of the 51,000 patients that we see. So it's a large population of children that December 10, 2019 Page 39 we see. Pretty much all the charities we have in town, we pretty much provide the healthcare for those children, those charities. We do get federal dollars, but we have about $10.3 million in uncompensated care. And so we really depend on grants and philanthropic giving in order to be able to, you know, get us in the black each year. Some other interesting things that people don't know about: We deliver 40 percent of all the babies in Collier County. A few other things here. We -- now, we treated, in 2018, 13,000 uninsured, and of that about 22,000 Medicaid patients; again, children that we served. So it's a large population. And 36,500 patients are at or below the poverty level that we serve. So it's a pretty significant population that we're serving. I do want to add that we're building a facility in Golden Gate. Not one penny from the taxpayer. Fifty-seven thousand square-foot facility that's going to be open in April. There's going to be an open house on April 2nd. You're all going to be invited to that. This is a remarkable facility, because you've got senior care, you've got children care, pediatric care. You have dental care. We have pharmacies. It's just a remarkable facility, and the flow is just perfect for every area of the patient populations we serve. So all of you will be getting an invitation for that. But I want to thank you for this opportunity and, again, we're just so proud to get this award. Thank you. (Applause.) COMMISSIONER SOLIS: I'd just like to say what an important organization this is for the county and emphasize this model that they have of integrative care is really the gold standard and innovative as well. Merging primary healthcare with mental-health services is really a game changer, I think, and we're December 10, 2019 Page 40 lucky to have them here. So thank you for everything you do for the community. CHAIRMAN McDANIEL: Everything that you do. Thank you. MR. OCHS: Mr. Chairman, before we move on, I believe Commissioner Fiala had a special presentation she wanted to make this morning. COMMISSIONER FIALA: Oh, yes, I sure did. CHAIRMAN McDANIEL: Penny, would you join me. COMMISSIONER TAYLOR: Let me go outside the room for a second. I'll be right back. Ms. Mary, would you please come up. COMMISSIONER SOLIS: I've never seen Mary, you know, nervous or tentative about anything, but right there she looked a little worried. CHAIRMAN McDANIEL: And she's the one with the gun. COMMISSIONER SOLIS: Yeah. COMMISSIONER FIALA: This is our beloved Mary Buck. She has been here with us for years, and I tell you, we're going to lose her. She's going to retire. And not that we would allow it, but she's going to do it anyway whether we like it or not. And so this is going to be her last meeting with us. And on behalf of all of the commissioners here, together, we kind of just threw in a little bit of stuff, and other departments have also thrown a little stuff here and there, money. That's stuff; that's money. And we would like to present Mary with this -- MS. BUCK: Oh, my gosh. COMMISSIONER FIALA: -- plaque. It's really pretty, isn't it? MS. BUCK: It is. COMMISSIONER FIALA: And that's on behalf of all of us, and then we also have some flowers. That's on behalf of our office December 10, 2019 Page 41 alone. And we just want to thank you so much for all you do for all of us. MS. BUCK: Thank you so much. COMMISSIONER FIALA: Guarding us every time we walk in. You know, when we get out of our car, Mary is there. And we really appreciate it. No matter where we are, she's there. She's amazing. And so she's going to be a big loss. COMMISSIONER TAYLOR: Let me give you an example of this amazing woman. So we're in the parking lot getting into my car, and Mary's looking and saying, that license tag, it's expired. It's one of our staff members. Oh, look it's expired. I better call them, because they're going to get picked up. Or one time when it was pouring rain, pouring rain, and the whole lot was flooded, and I was a new commissioner, and Mary took her jacket, her wonderful -- I don't know. It was a navy jacket. Whatever it was. And she draped me of it, and I carried my shoes, and she put an umbrella over my head and walked me to my car. This is the caliber of this woman. That's why we're honoring her today. COMMISSIONER SAUNDERS: And could I -- since she's worked with all of us for three years, for I think three of us for, yeah, for almost a little over three years, we'd like to join you down there for the photograph, if that's okay. COMMISSIONER FIALA: Oh, that would be wonderful. COMMISSIONER TAYLOR: Please do. COMMISSIONER SAUNDERS: Okay. COMMISSIONER FIALA: This is -- Penny and I are up here, but it's from all of us, and all of the staff, too, that participated. COMMISSIONER TAYLOR: I think there might be a cake in our conference room -- MS. BUCK: Oh, my. December 10, 2019 Page 42 COMMISSIONER TAYLOR: -- that the guys downstairs can participate in. MS. BUCK: Oh, thank you. MR. OCHS: Congratulations, Mary. (Applause.) CHAIRMAN McDANIEL: Do you want to give a speech? MS. BUCK: No. COMMISSIONER TAYLOR: What was your rank? You were, what, Navy? MS. BUCK: Chief petty officer. COMMISSIONER TAYLOR: How many years? MS. BUCK: Twenty-one. COMMISSIONER TAYLOR: That's our Mary. (Applause.) COMMISSIONER SOLIS: And I will add that no matter how many times we accidently push the lockdown button under the dais, and Mary comes sprinting up the stairs, she always does it with a smile, including, I think, the day I did it, like, three times. Item #11A APPOINTING A MEMBER OF STAFF AS A COMPLETE COUNT COORDINATOR TO WORK PROACTIVELY AND COLLABORATIVELY TO PROMOTE AND EDUCATE RESIDENTS OF UNINCORPORATED COLLIER COUNTY ON THE UPCOMING 2020 UNITED STATES CENSUS – MOTION TO APPOINT MARIA PIZARRO – APPROVED MR. OCHS: Commissioners, that moves us to Item 11A this morning. This is a recommendation to direct the County Manager to appoint a member of staff as a complete count coordinator to work December 10, 2019 Page 43 proactively and collaboratively to promote and educate residents of unincorporated Collier County on the upcoming 2020 United States census. Mr. Mullins, your Government Affairs Manager, will make a brief presentation. John. MR. MULLINS: Good morning, Commissioners. For the record, John Mullins, Government Affairs Manager, here to revisit with you the 2020 census complete count options. And to do that, let's do a quick recap on how we got here. First staff conducted research supplemented by a fact survey sent to all 66 other counties, and we got about a 50 percent response rate from that. And during that time, we also received an invitation from Collier County Public Schools to provide a representative to their census work group that met back on October 10th, and they're here to speak to you shortly. The research provided three distinct options, and you selected the private-sector option back at your meeting on September 24th augmented by Commissioner Saunders that wanted staff support provided to any private-sector initiative. The other two options were the complete count coordinator option, the staff-driven option, and the BCC-created option that you would have created, which the County Attorney recommended be fully Sunshine Law compliant if selected to avoid any legal issues. And at your last meeting on November 12th, you asked us to come back to revisit these options again at this meeting. Now, given the new year is approaching, any effort should focus on unincorporated Collier County, specifically the Golden Gate area and Immokalee area that are projected to have the highest rate of undercount. Comparatively, Naples and Marco Island traditionally have excellent response rates and are projected to do so again. December 10, 2019 Page 44 And, of course, any effort needs to be planned and executed in advance of April 1st, 2020, census day, which is only, now, 75 business days away. So given efficiency and expediency are paramount, staff recommends that you direct the County Manager to appoint a complete count coordinator to increase awareness and participation in the 2020 census via applicable county staff functions, resources, and programs, again, targeting unincorporated Collier County. Now, this staff-driven approach is not unique. There are currently four other counties that have staff-driven initiatives underway, including Monroe County to our south that has an anointed staff member as a complete count coordinator. And we already have a running head start. As previously directed by the Board, staff has been supporting community efforts since early October. And the talented Maria Pizzaro from the Communications Division is doing yeoman's work in this regard, and she will provide you a brief update on her efforts and examples of some things that an anointed and proactive complete count coordinator could do on the county's behalf if approved. Thank you. MS. PIZZARO: Good morning. For the record, Maria Pizzaro, Community Relations Specialist for Communications and Customer Relations. Since our last meeting, in September 24th we've met with the following agencies -- let me switch it -- with the following agencies to inquire on their outreach efforts and offer county staff supports that have decided to create their own census count committee. Our accomplishments to date have been we've coordinated with the Redlands Christian Migrant Association to assist in their census effort which they started in March. We've also met with the Immokalee Interagency, and they've all showed interest in creating December 10, 2019 Page 45 their own census count committee. They've invited over 60 agencies to this meeting, which takes place tomorrow. Okay. Some of the outreach efforts for the complete count coordinator will include, or could include: A social media campaign; advertise this information on the county's web page; partner with locate non-English-speaking media. Eighty percent of the population in Immokalee and the Golden Gate area are non-English-speaking residents; post census information in the county facilities like parks, libraries, buses. One of the ideas that we had was to use the libraries as access points where people can come and register during a specific amount of time; continue our outreach efforts with our local civic leaders, churches, HOAs and other entities. Also include county departments already working with the community and use existing data and resources to enhance our outreach efforts; and, finally, continue working with our census partnership specialist and other entities to hold community census workshops. So that's all I have. Do you have any questions? CHAIRMAN McDANIEL: Are you the anointed one? MS. PIZZARO: Looks like it, yes. CHAIRMAN McDANIEL: I'll make a motion for approval. COMMISSIONER FIALA: Second. MR. MILLER: Mr. Chairman, we do have two registered public speakers on this item from the school board. CHAIRMAN McDANIEL: I know that. MR. MILLER: Sorry, sir. CHAIRMAN McDANIEL: I saw the little note up here. There's no sorries. I just was wanting to make sure as long as -- COMMISSIONER FIALA: I seconded it. CHAIRMAN McDANIEL: And it's been moved and seconded, but let's have our public speakers. Do you want to call them, please? December 10, 2019 Page 46 MR. MILLER: Sure. Your public speaker is Lisa Morse, and she's been ceded three additional minutes from Chad Oliver. MS. MORSE: Good morning. I'm Lisa Morse from the Collier County Public Schools. I'll just find the little clicker here. And I wanted to thank you for considering this item today. I'm here to share Collier County Public Schools' support in the complete count coordinator for the census that the staff is recommending. I just have a couple of quick slides I'm going to go over real quick. This slide shows the scope of the residents we have in Collier County all the way from the newborns to the young families to the professionals in our community to the senior citizens, all who need to be counted for this census. Everyone counts is the goal for the 2020 census. Well, the goal is everyone counts. We know from previous counts that our county has room for improvement. Historically, Collier County is underreported compared to the state. As you can see on this screen, there is room for improvement. Additionally, this year will also have the census completed online, and that could prove to be an additional challenge for our residents. I'm sure you would all agree that the count is important, and there's tremendous value in the public government entity stepping in to help spread awareness, whether its city governments, county governments, or a school district. While other public entities and organizations can support, the county has the greatest influence over all the major areas that would be affected by this census. The results of this census can affect many areas in the county. These can include federal funding like transportation, healthcare, first responders and emergency response, education, of course, and disaster relief, and social services. December 10, 2019 Page 47 Collier County Public Schools is keenly aware of the impact on education, but we look to the county to focus efforts on the other areas that could be impacted by the census. As Mr. Mullin's mentioned, CCPC did host a meeting in October to bring together over 20 representatives from various educational organizations to share the importance of the census. We were joined by Michelle Malsbury from the Atlanta Regional Census Center to provide information and representation. We extended an invitation to the county to join the meeting. And thank you, Maria, for joining us. During the meeting, it was shared that, in education, the census can affect things such as special education, teacher training, school-lunch assistance, head-start programs, and after-school programs. During this meeting, these educational partners learned about the importance of the census and were encouraged to help drive participation. And I can tell you that all of those education groups who attended were very interested in helping, and I know that they will support the efforts of the county. Collier County Public Schools is also ready to support the efforts of a countywide initiative to improve participation in this census. We recognize that we have a large audience and -- we can reach through our communication efforts. We are preparing a census tool kit that we will give to all of our schools. In fact, we recently started this by presenting to our principals information about the census. So we bring this support to the county and the reach we have to our audience. We strongly believe that the county's in the best position to promote the census participation from all audiences. That's why we're here today to support this recommendation. We remain December 10, 2019 Page 48 committed to do our part and get the best count we can for all of our citizens. Thank you. CHAIRMAN McDANIEL: Absolutely. All right. It's been moved and seconded that we -- COMMISSIONER TAYLOR: Was there another speaker? CHAIRMAN McDANIEL: No. There was two speakers and -- ceded time. She was the only one. It's okay. All right. It's been moved and seconded that we accept staff's recommendation and anoint Ms. Marie. 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. CHAIRMAN McDANIEL: Where's the sword? She's now anointed. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Mr. Chairman, before we move forward, I have to correct an error that I made when we set the agenda this morning. You had asked to move Item 16A5 off the consent agenda. I erroneously moved that to Item 9G. It should be Item 11O under the County Manager's report. It's not an advertised public hearing. So 16A5 will become Item 11O on the County Manager regular agenda. Thank you for that, Commissioners. December 10, 2019 Page 49 Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: And that moves us to Item 7 this morning, public comments on general topics not on the current or future agenda. MR. MILLER: We have one registered speaker, Garrett FX Beyrent. COMMISSIONER SOLIS: It doesn't look like he's here. CHAIRMAN McDANIEL: I don't think he's here, is he? There he is. MR. MILLER: Mr. Beyrent. MR. BEYRENT: You know I was going to be here, right? I'm just here to thank you all for participating with my little game I played with you over the last year. It wasn't my idea. It was Barbara Bush's idea, okay. And Mr. Callahan, who's my new boss, he's got a note that I got from Barbara. Barbara Bush used to send me notes. They were little index cards, and she would give me orders of what I had to do to save the world through literacy, and that's what I'm going to do. And I just want to thank you for including my property in the innovation zone so I can get to work with all the people that want to change the world. Thank you. CHAIRMAN McDANIEL: Thank you. Merry Christmas. COMMISSIONER TAYLOR: Happy Holidays. MR. MILLER: And that was our only speaker for that item. MR. OCHS: Mr. Chairman, excuse me. We had a miscommunication here. But I was approached before the meeting by Julie Garrett, who's the Public Affairs Specialist with the U.S. December 10, 2019 Page 50 Small Business Administration, and she wanted to make just a very brief public information announcement about disaster aid. CHAIRMAN McDANIEL: Absolutely. Please. MS. GARRETT: Good morning, Commissioners. CHAIRMAN McDANIEL: Good morning. MS. GARRETT: My name is Julie Garrett. I'm a Public Affairs Specialist for the SBA Office of Disaster Assistance. And I'm here just to say, very briefly, that there is a disaster declaration right now for Hurricane Dorian. Yes, Dorian didn't make landfall in Florida, but a lot of businesses closed and had cancellations and had an interruption to their business. So if any of those businesses experienced economic losses, they can apply for a working capital loan with the SBA right now. It's very simple to do. The applications are at disasterloan.SBA.gov, and you can call 800-659-2955 if you have questions. And the loans are for up to $2 million, which sounds like a lot right now, but perhaps a business might have been trading with the Bahamas or might have been involved with shipping, so those are things that could have impacted their bottom line as well. So I just wanted to let you know that that is in existence right now. The deadline is August 13th, 2020. CHAIRMAN McDANIEL: Thank you. COMMISSIONER SOLIS: Thank you. MS. GARRETT: Okay. Thank you. CHAIRMAN McDANIEL: Appreciate that. And you've got formal information to our staff -- MR. OCHS: I have it all here. CHAIRMAN McDANIEL: -- so we can disseminate it? MR. OCHS: Yes. MS. GARRETT: I've also emailed you the information as well. Thank you. December 10, 2019 Page 51 CHAIRMAN McDANIEL: Perfect. Thank you. COMMISSIONER FIALA: When was the hurricane? CHAIRMAN McDANIEL: Dorian. Item #11B DETERMINATING WHETHER TO MOVE FORWARD WITH A BALLOT INITIATIVE TO RE-ESTABLISH CONSERVATION COLLIER LAND ACQUISITION PROGRAM – MOTION TO MOVE FORWARD WITH THE RE-ESTABLISHMENT OF CONSERVATION COLLIER – APPROVED MR. OCHS: Commissioners, that moves us to Item 11B on this morning's agenda. This is a recommendation to determine whether to move forward with a ballot initiative to reestablish the Conservation Collier Land Acquisition Program. Summer Araque will make the presentation. MR. MILLER: I have two registered speakers for this item. MS. ARAQUE: Good morning, Summer Araque, Conservation Collier Coordinator. I don't have a presentation because it's just a simple question for you all, and if you have any questions for me on the item before you, please let me know. MR. OCHS: Commissioners, just a reminder, the Board had bifurcated this item to make the policy decision today, and then if you decide to re-establish a program, staff was directed to bring back ballot language options and considerations in your January meeting. MS. ARAQUE: Yes, the second meeting in January. MR. OCHS: Yes. COMMISSIONER TAYLOR: And does this also set the millage rate? Our vote will set the millage rate; is that correct? December 10, 2019 Page 52 MS. ARAQUE: In January. MR. OCHS: In January. COMMISSIONER TAYLOR: In January, okay. MS. ARAQUE: Today simply before you, as you requested, do you all -- do you want to continue the acquisition portion of the Conservation Collier Program and, in turn, that would mean that I would come back to you with ballot language which is already ready for you to review at your second meeting in January. COMMISSIONER SOLIS: Wait a minute. COMMISSIONER FIALA: So do we make a motion, then, to start the program or what? MR. OCHS: Yes, ma'am. I think -- COMMISSIONER FIALA: To be heard at another -- CHAIRMAN McDANIEL: It's going to not come before us on a formal vote until January. This is just a consensus to go forward with -- MR. OCHS: We'd like a vote on whether the Board wants to re-establish the program, and if so, then we'll bring back the ballot language. Assuming you want to do this through a voter referendum, we'd bring back the specific language for consideration in January. CHAIRMAN McDANIEL: Do you want to hear our public speakers? COMMISSIONER SOLIS: I just want to make sure I'm clear on what we're voting on. This is -- I mean, the Conservation Collier Program itself exists. MR. OCHS: Yes, but if you -- the discussion over the past year has been about re-establishing a dedicated funding source for new acquisition -- COMMISSIONER SOLIS: Funding source. MR. OCHS: -- of new conservation land. December 10, 2019 Page 53 COMMISSIONER SOLIS: Right, okay. So it's whether or not we want to restart the funding mechanism for it, okay. I just want to make sure. That's what I understood. COMMISSIONER FIALA: So I'll make a motion if this is an appropriate time. MR. OCHS: Mr. Chairman, would you like to hear the speakers? CHAIRMAN McDANIEL: Sure, or we can do the motion and then hear our speakers. I think it would be prudent for us to hear our speakers in either case. So if you want to -- either way we go. Let's hear our public speakers. MR. MILLER: Mr. Chairman, your first speaker is Gladys Delgadillo. She will be followed by Pegeen Hanrahan. MS. DELGADILLO: Hi, Gladys Delgadillo on behalf of the Conservancy of Southwest Florida. The Conservancy is proud to support the reestablishment of the Conservation Collier Program. We've enjoyed working with the county on this initiative over the years and believe the program has been tremendously successful. The program has been able to partner with the state on projects like Freedom Park, which was designed to protect our water quality as well as our homes from flooding. It also provides habitat for wildlife like river otters, green blue herons, and turtles. The program has saved wetlands that protect our drinking water, like those found at the Panther Walk Preserve in Golden Gate Estates, and the program has protected area for public recreation that I have personally enjoyed from walking my dog, Otis, from the zoo parking lot, along the Gordon River Greenway, all the way to Baker Park, to taking photographs with my friends at Pepper Ranch Preserve's annual sunflower bloom. December 10, 2019 Page 54 Collier County has voted in favor of this program twice before, and we have every reason to believe the county will support the program again if you vote to place it on the ballot in 2020. We ask for your support today to give voters the chance to reauthorize this program and continue doing the good work of protecting Collier County's water quality, wildlife, and quality of life. Thank you. MR. MILLER: Your final speaker on this item is Pegeen Hanrahan. COMMISSIONER SOLIS: Pegeen. MR. MILLER: Pegeen. COMMISSIONER SOLIS: I don't see her. MR. MILLER: And I was just handed these. Oop. There she is. I hope I'm not mispronouncing your first name too awfully. MS. HANRAHAN: No, not at all. And, I'm sorry; I was outside speaking to staff in the hall. I'm Pegeen Hanrahan with the Trust for Public Land. Thank you all for the great work that you always do. We're just here in support of the continuation of Conservation Collier. Obviously, it will be up to your citizens and voters to decide whether or not that's in their best interest, but you do have a long and proud history here in Collier County. So I'm available to answer any questions. What I do for the Trust for Public Land throughout Florida, Georgia, North and South Carolina is support local governments in funding primarily at the ballot box. So we're here to support your local organizations that are helping this and provide whatever information that you-all might need. Are there any questions? CHAIRMAN McDANIEL: No questions, no. Thank you very much. MS. HANRAHAN: Thank you. December 10, 2019 Page 55 CHAIRMAN McDANIEL: I have a thought, before you go forward with your motion. And I would -- I would like for us to give some consideration. I would be prepared today, as a pilot program, to initiate or instigate staff to do whatever's necessary legally to put a line item on the tax bill next year for Conservation Collier but as a voluntary contribution and do that as a two-, three-year pilot program till the '22 election; see what kind of support Conservation Collier gets from a voluntary standpoint, philanthropic, along those lines. The program exists, Commissioner Solis; you already brought that up. We know that the theoretical perpetual Maintenance Fund, as they refer to it regularly, is not perpetual. There is a term. The burn rate's 750- to a million dollars a year in expenditures and maintenance. We've allowed for reductions of that amount. Even to the extent that it would be done to the maximum is still $15 million and still allows for continued maintenance and appropriations for the program for another 10 to 15 years depending on what that burn rate, in fact, is. And I have concerns with regard to our electorate and the increase in taxation. Increase in impact fees that's coming today, I perceive, is going to go through. Their margin of support for the sales tax was very, very small, less than 1 percent. And my thoughts are, if we were to do this now, we can -- we can do this for a couple, three years, see which way the wind's blowing. With the support from the community as opposed to this being a divisive item of those who are in support of increasing taxation for Conservation Collier and not, the organizations that are in support of this can help promote it and help promote the benefits of what Conservation Collier, in fact, has done. I don't think there is a person in our community that's not in support of conservation at all, but there's certainly a lot of diverse December 10, 2019 Page 56 opinions with regard to the mandate -- even a ballot question, the mandate of a taxation increase. So my thoughts are -- and, of course, you know, I can't approve or disapprove the ballot language without having seen it, but I think -- I would be in support of doing that today and have it be on a voluntary basis for a pilot period of -- until the '22 election comes up, and do the same thing then. COMMISSIONER SOLIS: Have we -- CHAIRMAN McDANIEL: They don't know about this. COMMISSIONER SOLIS: Is it -- legally, I mean, can we put something on the tax bill that's not collect -- I mean, the tax bill is the tax bill. If you don't pay your taxes, there's consequences for that. MR. KLATZKOW: It sort of sounds like a little check box you do on your federal taxes for a dollar for the -- COMMISSIONER SOLIS: Or your Florida Bar dues statement. MR. KLATZKOW: I don't know that you can do this, but I can't tell you for certain that you can't. If -- I'll have to come back to the Board. I'm not aware of this ever being done. It doesn't mean it can't be done. COMMISSIONER SOLIS: I'm just curious if it's -- if it can be done, yeah. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. I think that -- I think the outcome of whatever we do with this is extremely important to our community from here on in. We've got land that we're putting into trust. We're buying this land and keeping it out of the public realm altogether, and it protects our water sources, our future water sources, our wildlife, and the green space. And we -- I don't think we can just haphazard decide if somebody wants to check it or something, that that would work. We need a fund, and we need it -- and this fund that you were talking about that is sitting there that was assigned to December 10, 2019 Page 57 maintenance, we're going to own that land that we own right now forever, and we've got to maintain it. So we shouldn't be tapping into that anymore. We should be establishing a separate fund, as we've done before, just for that. And I don't -- anything less than is not accomplishing the goal and putting these things into our hands rather than letting it be bought up by developers. CHAIRMAN McDANIEL: And, you know, I don't disagree with what you're saying. COMMISSIONER FIALA: Good. CHAIRMAN McDANIEL: I just don't see the urgency to have to do this right now with the available funds that we have. I certainly am not proposing that we do anything not legal, Commissioner Solis. I wouldn't do that on purpose. COMMISSIONER FIALA: But the funds available, are those funds that are supposed to be maintaining the properties we already own? CHAIRMAN McDANIEL: Right. And we are -- have already established that $30 million, and at the burn rate -- I call it a burn rate. That's the current expenditures that Conservation Collier's going through. Somewhere between 800- and a million dollars -- 800,000 and a million dollars a year. And even if we were, per Commissioner Saunders and as the motion that we made to allow for that spend down of that money to no less than 15 million, we still have close to no less than 15 years at the current rate. It's going to go up a little bit because we've agreed to buy another 1,000 or 1,200 or so acres in the last couple of months, so that expense is going to go up. But still, there's still a large amount of money. And we can try this, see if, in fact, there is support from the community on a voluntary basis to continue to support Conservation Collier. If it's December 10, 2019 Page 58 not sufficient, we can do it in a '22 election cycle and not burden -- based upon the vote of the electorate in the '20 election, not burden the community with an additional taxation. I'm talking to you. COMMISSIONER FIALA: Okay. Well, my response to that is -- thank you -- is you can't keep burning that money that we have there to maintain the property in perpetuity because you're going to burn it down, and then we're never going to be replenishing it, and then how do we maintain that property afterwards? CHAIRMAN McDANIEL: Right. COMMISSIONER FIALA: You know, that is not what the purpose for that money is. We have to have money to maintain it. CHAIRMAN McDANIEL: I understand. COMMISSIONER FIALA: And so I just -- I don't agree with that. And I make a motion, then, to move forward with a ballot initiative of re -- to re-establish the Conservation Collier Land Acquisition Program. COMMISSIONER TAYLOR: I'll second that motion. CHAIRMAN McDANIEL: Okay. Did you have something else you wanted to say, or were you just going to second? Because you were lit up. COMMISSIONER TAYLOR: Yeah, I was, but I think my colleague to my left who, frankly, on his second meeting as a commissioner, brought up -- or maybe it was your first meeting -- brought up Conservation Collier. I'd like to hear from you. COMMISSIONER SAUNDERS: Well, all I was going to say is, in terms of the motion, whether that's approved or not, I think we should continue to approve moving forward with the regular program so we can have a meaningful debate on that, because this is brand new, and we don't know if it's legal or not. And if it is legal, we're not sure how effective that could be, and I think we need some advice on that. December 10, 2019 Page 59 So regardless of how this motion goes, I'll support your motion just to have more information, but I'm going to support the motion that's on the table now to approve going forward with the Conservation Collier Program, because my kind of gut reaction is, if the voters want this, and it's their decision, then so be it. And, really, the only way to be effective in raising money is through a program like the one that we've done in the past as opposed to just a voluntary check the box on a piece of paper and the tax bill. So the motion on the floor right now is to move forward with the Conservation Collier Program, I believe. I'm going to support that. I'll support you in your discussion of bringing it back, further discussion. I'll support the motion that's on the floor. CHAIRMAN McDANIEL: And I'll support the motion as well. I don't want you to -- again, I watched what transpired in the first ballot language that came forward with Conservation Collier. A lot of misrepresentation, a lot of divisiveness within our community as to what the program was and wasn't going to do. And I don't think anyone in here -- anyone in the community can argue that the program has, in fact, been a success. There's not a rush. Conservation Collier needs funding. We all know that. That's been agreed upon; that was designated as the perpetual Maintenance Fund is not perpetual. It is being spent to the tune of 800- to a million -- 800,000 to a million a year. Even if it were maximized in the current ordinance to be brought down to the 15 million, there's still at least 15 years of revenue there for the maintenance, not -- and then some additional funds for acquisitions. So having said all that, I -- from a timing standpoint, County Attorney, County Manager, neither one of you heard about this, because I was off in the M-CORES meeting yesterday. I recall there are timing issues with regard -- if, in fact, the Board would choose to December 10, 2019 Page 60 go forward with the designation of the line item on the tax bill, and voluntary, and do that for three years just to see how much we collected, do we have -- if we were to put this ultimate decision off until January, do we have sufficient time? MR. KLATZKOW: If we're bringing this back for another discussion, this will be part of that executive summary. CHAIRMAN McDANIEL: Gotcha. All right. No further discussion requisite. I don't have anything. Commissioner Solis. COMMISSIONER SOLIS: The only thing I was going to say is I agree with Commissioner Saunders. I mean, it's an interesting idea whether or not we can put a voluntary payment of some kind for anything on the tax bill, and I think that -- it would be great to hear from the Tax Collector on that. I mean, that's a really innovative idea. CHAIRMAN McDANIEL: You leave me alone long enough, I'll come up with something. COMMISSIONER SOLIS: So I would like to know the answer to that. In terms of -- I'm going to support the motion to move forward, too, because, I mean, this was a central thing, at least in some respects, in my last election, and I committed to bringing this to the voters, and I think we just -- we have to. At least, I feel obligated that that was something that I committed to do, and I want to see it through. CHAIRMAN McDANIEL: I do as well. I mean, there's no argument. Again, I don't want anybody to misconstrue what I'm talking about. There's no argument that we're in support of the program. We like what's going on. I have concerns with regard to the increase in taxation for our electorate. The economic cycle that we're in is going to shift at some stage. And so doing this as a pilot program for three years had merit. Again, you leave me alone long December 10, 2019 Page 61 enough, and I'll think something up. But I'm going to support the motion to move it forward. So it's been moved and seconded that we go forward with staff's recommendation with regard to this. 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: Mr. Chairman, if we could take the one companion item to this that Commissioner Taylor put on the agenda under 10A, and then maybe a court reporter break would be appropriate. CHAIRMAN McDANIEL: Yeah. Terri's eyes are watering. Item #10A THE CHAIRMAN TO SIGN A TECHNICAL ADVICE AND ASSISTANCE LETTER FROM THE TRUST FOR PUBLIC LAND AND THE NATURE CONSERVANCY IN CONNECTION WITH PUBLIC POLLING OF CITIZENS TO ASCERTAIN THE BALLOT LANGUAGE FOR THE 2020 CONSERVATION COLLIER REFERENDUM – APPROVED MR. OCHS: Item 10A is a recommendation to approve and request the chairman to sign a technical advice and assistance letter from the Trust for Public Land and the Nature Conservancy in December 10, 2019 Page 62 connection with public polling of citizens to ascertain the ballot language for the 2020 Conservation Collier referendum. As I mentioned, Commissioner Taylor placed this item on the agenda. COMMISSIONER TAYLOR: And the reason -- this doesn't obligate anything except to say that we're interested in this program. There's no -- let me put it this way. No fiscal impact whatsoever. But it is the stature of the Commission to say that we want the assistance of the Nature Conservancy or Trust for Public Lands to help with the ballot language, and that would be through polling. And, frankly, that's a common -- common occurrence. When the sales-tax initiative went out, the first thing they did is poll to see the public's interest in it. So I would like to see if we could just get the consensus to have the chairman, soon to be former chairman, sign that before he leaves. COMMISSIONER SAUNDERS: I'll second that motion. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: We have public speakers? MR. MILLER: Yes, sir. We have three. Gladys Delgadillo will be followed by Pegeen Hanrahan. And, Ms. Christina Heiser, you submitted a slip after speakers on the last item. Would you like to speak now? MS. HEISER: It was on the prior item. MR. MILLER: Yeah, I'm sorry. But that slip came after speakers. Okay. MS. HEISER: Thank you. MR. MILLER: Ms. Delgadillo. MS. DELGADILLO: Hello. Gladys Delgadillo again on behalf of the Conservancy. First I want to thank you for voting to move forward with placing Conservation Collier on the ballot in 2020. The Conservancy December 10, 2019 Page 63 would be very opposed to Commissioner McDaniel's idea of having the voluntary option. So we appreciate you guys moving forward. The Conservancy is happy to support the item before you. We support Conservation Collier, and to help us in this work of moving the program forward, we ask you to support the technical assistance letter. Doing so will open up expert insight without committing the county to any formal agreement or expenditure of public dollars. Thank you. MR. MILLER: Your final speaker is Pegeen Hanrahan. MS. HANRAHAN: Thank you, Chair McDaniel, members of the County Commission. You've had a great discussion here this morning. I'll just emphasize what Ms. Delgadillo and what Commissioner Taylor said: This doesn't cost you anything. And we're under contract with three other counties in Florida right now that are paying something. So you are richly blessed -- I know I'm preaching to the choir here -- to have some private-sector partners, and we are, through your technical assistance letter approval, bringing some other private-sector money to help. Our goal is always to provide objective information. We do not want to lead you down the path of going to the ballot if it does not look good. We feel pretty confident it does, but we will work with your local community and your staff, of course, and bring you some great recommendations back likely through your CCLAC committee. So thank you very much. CHAIRMAN McDANIEL: Thank you. MS. HANRAHAN: And I can answer any questions if you have any. CHAIRMAN McDANIEL: We all set? (No response.) December 10, 2019 Page 64 CHAIRMAN McDANIEL: It's been moved and seconded that we approve the recommendations as put forward by staff. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: Thank you, sir. CHAIRMAN McDANIEL: Now we'll do a court reporter break. And when will we be back, Commissioner Taylor? COMMISSIONER TAYLOR: We will be back at 10:52. CHAIRMAN McDANIEL: 10:52 we will be back. (A brief recess was had from 10:42 a.m. to 10:55 a.m.) CHAIRMAN McDANIEL: We're going to go to Commissioner Taylor's pay, because she's the one that set the "be back" time, and she's not here. So write that down. MR. OCHS: Are you ready to go, sir? CHAIRMAN McDANIEL: We're open. She's actually coordinating our lunch arrangements. COMMISSIONER FIALA: Making arrangement, our celebration arrangements -- CHAIRMAN McDANIEL: Yes, with Ms. Mary. COMMISSIONER FIALA: -- for Mary. CHAIRMAN McDANIEL: Okay. Let's go. December 10, 2019 Page 65 Item #9A ORDINANCE 2019-47: AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, AND TO TRANSMIT THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND OTHER STATUTORILY REQUIRED AGENCIES – MOTION TO APPROVE STAFF’S RECOMMENDATIONS –  ADOPTED MR. OCHS: Move to Item 9A. This is a recommendation to adopt the proposed amendments to the Immokalee Area Master Plan element of the Collier County Growth Management Plan as amended, and to transmit the amendments to the Florida Department of Economic Opportunity. MR. KLATZKOW: This requires supermajority. We do not have a supermajority on the dais. Can we do a different item until we get one? MR. MILLER: I also have a registered speaker for this item. CHAIRMAN McDANIEL: Okay. Somebody ring a bell. MR. MILLER: Mr. Chairman, with your pleasure, while we have a moment. I just want to make sure no one is left in the audience for 9B. I had a couple of slips continue to come in after that item was continued to a future meeting. So if you're here for 9B, that item has been continued. Thank you, sir. CHAIRMAN McDANIEL: Here they come. Here they come. So we don't have to go to another agenda item unless this is willful -- COMMISSIONER TAYLOR: This was Terri's fudge and buckeyes and brownies. December 10, 2019 Page 66 CHAIRMAN McDANIEL: Oh, you were eating in the back. They were already into Mary's surprises. Oh, Terri made fudge. Okay. And now we're ready to go, and we have a complete board. COMMISSIONER TAYLOR: Apologies. CHAIRMAN McDANIEL: And we were on 9A for the master plan. MR. OCHS: Yes, sir. Mr. Weeks. MR. WEEKS: Yes. Good morning, Commissioners. I'm David Weeks, Manager in the Comprehensive Planning section. You have seen this item before at transmittal. This is the adoption hearing for the Immokalee Area Master Plan amendments based upon the previously directed restudy by this board. At your transmittal hearing, you voted to approve it and send it up to the various state agencies for review, unanimously. The Florida Department of Economic Opportunity and the other reviewing agencies had no objections to these amendments; however, the Department did offer a suggestion, and that is that we would include intensity standards for the nonresidential uses. And this is something we don't typically do for an area-wide amendment such as this. CHAIRMAN McDANIEL: Right. MR. WEEKS: Site-specific amendments, yes, we do. So staff has respectfully declined and would recommend to you that you not impose such area-wide standards for the amendment. The Planning Commission recommended approval by a vote of 5-1. The one dissenter had the same comments and concerns at the transmittal hearing as the adoption hearing. Those concerns are identified on Page 2 of your executive summary. There's been one change since you saw this at transmittal, and that is identified in your executive summary. It goes back to the transmittal hearing when you had one speaker that expressed concerns about impact on private property rights. December 10, 2019 Page 67 So based on some discussion, I believe, between Commissioner Saunders and the County Attorney's Office, we did revise one policy in the master plan that changed some language as to how it pertains to property rights. So a landowner, if they believe their property rights have been negatively impacted by these amendments, number one, could apply for the Land Development Code process for a determination of vested rights; number two, they could use any other legal means relevant to establishing vested rights; and three, if the landowner asserts they have certain rights that they've lost by adoption of these amendments and staff agrees, then there's a very simplified process called a zoning verification letter. There's a fee of $100. The applicant could submit that. And, again, if staff agrees, they could respond back affirming those uses; issue resolved. With that, recommend approval. CHAIRMAN McDANIEL: Any discussion? COMMISSIONER SOLIS: I've got a question for the County Attorney. The added language in Policy 5.1.6, Paragraph C -- and I'm glad that this language is in -- has been added. My question is: It says that there shall be no time limitation of filing an application for a determination of claim vested rights. I don't know that I've ever seen that. And I'm just wondering have we -- I mean, usually there's some time frame so that everybody knows that within a certain amount of time we're going to have to deal with this. Just an open-ended -- MR. KLATZKOW: The idea -- and I wrote the language. COMMISSIONER SOLIS: Yeah. MR. KLATZKOW: The idea that nobody's going to know about the change until five, 10, 15 years from now when they're actually try to sell their property and they're saying, wait a second, December 10, 2019 Page 68 what do you mean we can't do this? And my discussions with staff is there is no intent to diminish anybody's property rights. COMMISSIONER SOLIS: Right; ever. MR. KLATZKOW: So if we somehow inadvertently diminished somebody's property rights, it stays with the property. Whatever zoning rights you have now remain. COMMISSIONER SOLIS: Okay. MR. KLATZKOW: The entire idea of the change here is to actually increase property right values rather than decrease. CHAIRMAN McDANIEL: And I like not having a limitation. We've ran into issues before where zoning changes were effectuated, and as our county attorney says, people don't know about it until they go to -- people don't know about it until they go to develop their property. And limitation -- the goal here is to enhance property values. MR. KLATZKOW: And the concept was I went to the Bert Harris Act, and the language sort of parrots some of that language. In the Bert Harris Act, the action doesn't accrue until you actually, well, know about it. COMMISSIONER SOLIS: Well, you're denied or something, right. MR. KLATZKOW: So there is no time frame. Our vested rights determination goes back many, many years, and it was when we redid the LDC. That one-year limitation is no longer valid, in my mind, under the Bert Harris Act. COMMISSIONER SOLIS: Okay. If everybody -- if you're comfortable with that. I just hadn't seen that, so I thought I'd ask the question. MR. WEEKS: And, Commissioners, if I could make one comment on that. This is an amendment to the Immokalee Area Master Plan component of our Growth Management Plan. So we're December 10, 2019 Page 69 not actually changing zoning through this action. So no one's zoning rights are being changed in any way. What potentially could occur would be that unknowingly, by adopting these amendments, you've changed the allowance for someone to come in and request zoning of a certain density or intensity. CHAIRMAN McDANIEL: Thank you. Well, I know we have at least one public speaker. MR. MILLER: Yes, sir. We have one registered speaker, Dr. Frank Nappo. CHAIRMAN McDANIEL: Do you have a comment before you want to go, before we go to the public speakers? COMMISSIONER TAYLOR: I'm going to wait until the speakers, if I may. CHAIRMAN McDANIEL: Okay. DR. NAPPO: I'm Frank Nappo, chair of the Immokalee CRA. This is a thank you. I want to thank, first of all, the members of Immokalee community, the members of our advisory board. We have Ms. Andrea Halman here. I want to thank Andrea for all of her work. I want to thank the County Manager and the staff. I want to take -- thank our leader, our Commissioner Bill. This has been going on since 1997. We've been here once before, and so we're pretty excited and thankful that we're finally here, and we're able to move on. So I want to thank everybody for getting us to this point. Thank you. CHAIRMAN McDANIEL: Absolutely. MR. MILLER: And that is the only speaker I have on that item, Mr. Chairman. CHAIRMAN McDANIEL: Well, with that, I'm going to make a motion that we accept staff's recommendation and adopt the Immokalee Area Master Plan. COMMISSIONER FIALA: I'll second that. December 10, 2019 Page 70 CHAIRMAN McDANIEL: Is there any other discussion? COMMISSIONER TAYLOR: Yes. Just -- it is bothering me. And the reason I'm saying that, when someone files a vested rights action against the county, it's -- there's a cost to it. There has to be. There's a determination. You go through a process. So rather than put that burden on the property owner, couldn't we just say -- and I guess this is Penny's, you know, being the legal mind here. Can't we just say that as of this date, whatever date we pass, if it's this year, the property rights existing remain on the property, meaning, the zoning remains on the property, which means if someone comes in and we don't like this or -- in a future commission or future staff, it's already written that, look, whatever they had as of that date is what they have. MR. KLATZKOW: Could you put the language on the overhead, please? COMMISSIONER TAYLOR: Well -- but it's talking about the process. That's what worries me. It's an expensive process. MR. KLATZKOW: And maybe I could have phrased it better. I did phrase it, it's not the intent that this burden or diminish any existing use of the property. COMMISSIONER TAYLOR: Correct. MR. KLATZKOW: I put the zoning verification process in there that will be a quick, inexpensive way for staff to tell somebody, yes, you're right, you still have these rights to do this. The purpose of putting the process through the vested rights is if staff were to say, no, you don't have the right to do this, that gives the person now the ability to have some sort of administrative process to go through. COMMISSIONER TAYLOR: Okay. All right. So you -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: Go ahead. December 10, 2019 Page 71 CHAIRMAN McDANIEL: And it's a -- COMMISSIONER TAYLOR: Do you know where I'm going with this? COMMISSIONER SOLIS: Well, I mean -- yeah. I mean, it's -- I understand what we're wanting to do, and I'm not necessarily against it, but there's something that's -- for example, if an owner today, right, an owner today has the rights that they have and we want to confirm that and it's not the intent to change the rights, but then they sell it to a new owner who sells it to a new -- I mean, how far down ownership is this vested rights determination going to go? COMMISSIONER TAYLOR: Doesn't it run with the property? COMMISSIONER SOLIS: Well, that's -- the effect of it is is that it runs with the property -- CHAIRMAN McDANIEL: Correct. COMMISSIONER SOLIS: -- so there's never going to be really an obligation for anybody to look at it. MR. KLATZKOW: Well, you'd look at it when you make your application, for example, for a rezone under what you thought were your rights. COMMISSIONER SOLIS: Right. MR. KLATZKOW: And staff would then look at the new Immokalee Area Master Plan and say, wait a second. We've changed it. You really don't have that. What do you mean? I had that originally. And the staff's said, well, you're right. That was an inadvertent change. COMMISSIONER SOLIS: Right. And I'm not saying that we shouldn't do this. I'm just worried about unintended consequences when we're doing this, because most of the time there is a time frame for making these kinds of determinations. So I'm just -- yeah. There's something about it that I'm not sure about. December 10, 2019 Page 72 MR. KLATZKOW: Yeah. The intent was not to grandfather. The intent was that -- you know, not to have a clause saying you've got five years or eight years, then we go on to the new one. The intent was, well, since we are not intending to diminish anybody's rights by this, if we inadvertently did it, whenever you discover it -- COMMISSIONER SOLIS: Whenever anybody ever discovers it. MR. KLATZKOW: Whenever anybody ever discovers it, you know, that's fine. We'll go by the old rules. COMMISSIONER TAYLOR: So like -- COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: -- for this conversation, 20 years from now... MR. KLATZKOW: Yes. The whole point of this is to increase people's developability, not to decrease anybody's developability. COMMISSIONER TAYLOR: I'm comfortable with that, for sure. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: We may have already covered this completely, but if you have a vested right, it doesn't matter how many times a piece of property changes hands. The vested right stays with the property. And you can't put a time limit on when you can raise the issue that you have a vested right, I don't think. A vested right, by definition, it's vested -- MR. KLATZKOW: Under Bert Harris you can't. Under our LDC you can, which is why I phrased it this way. Rather than redoing our whole vested right determination process, I just -- for this one we just continue it. COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: Okay. COMMISSIONER SOLIS: Certain situations, okay. December 10, 2019 Page 73 COMMISSIONER TAYLOR: All right. Very good. CHAIRMAN McDANIEL: Thank you, David. With that, it's been moved and seconded that we adopt the Immokalee Area Master Plan. And thank you. I want to say -- before we vote, I want to say thank you to the community. It was -- and staff. It was -- it was a monumentous task and an enormous amount of public hearings that were held and engaged our community, and the community coalesced around this. And it also jives with our Airport Master Plan for Immokalee as well for the first time, by the way, in Collier County's history. So it's a very, very happy time. It's a very, very happy time. With that, all in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (NO RESPONSE.) CHAIRMAN McDANIEL: So moved. Thank you. If we had more people here from Immokalee, we'd all clap right now. Item #9C ORDINANCE 2019-48: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, PROVIDING FOR THE INCORPORATION BY REFERENCE OF TWO IMPACT FEE STUDIES; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE AND THE WATER AND WASTEWATER IMPACT FEE RATE SCHEDULE; December 10, 2019 Page 74 PROVIDING FOR A RETROACTIVE EFFECTIVE DATE OF NOVEMBER 13, 2019 FOR ALL RATE CATEGORIES THAT ARE DECREASING AND A DELAYED EFFECTIVE DATE OF MARCH 30, 2020 FOR ALL RATE CATEGORIES THAT ARE INCREASING AND NEW/REPLACEMENT LAND USE CATEGORIES BEING ADDED TO THE FEE SCHEDULES, IN ACCORDANCE WITH THE 90-DAY NOTICE REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(D), FLORIDA STATUTES; AND PROVIDING FOR REVISED DEFINITIONS AND UPDATE OF THE REQUIREMENTS RELATED TO THE PAYMENT OF ROAD IMPACT FEES TO OBTAIN A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA) TO COMPLY WITH THE NEW PROVISIONS OF THE FLORIDA STATUTES – MOTION TO ACCEPT IMPACT FEE STUDIES – APPROVED; MOTION TO APPROVE WATER-SEWER IMPACT FEES AS RECOMMENDED BY STAFF – APPROVED; MOTION TO PHASE IN ROAD IMPACT FEES OVER 3-YEARS AND STAFF DEFINE CLASSIFICATION AND ADDRESS AFFORDABILITY AND FUNDING OF THE DEFERRAL IMPACT FEE PROGRAM – APPROVED; ORDINANCE 2019-48 – ADOPTED W/STIPULATIONS MR. OCHS: Item 9C was continued from your November 12th, 2019, BCC meeting. This is a recommendation to approve an ordinance amending the Collier County Consolidated Impact Fee incorporating two impact fee studies for road impact fee rates and water and sewer impact fee rates. Ms. Amy Patterson will make the presentation this morning. MS. PATTERSON: Good morning, Commissioners. Amy Patterson, for the record. I'm the Director of Capital Project Planning, Impact Fees and Program Management. We have various December 10, 2019 Page 75 representatives here as well to answer questions at your pleasure from Housing, from our Public Utilities, and our Transportation sections. Just a quick overview of why we're here and what we're doing. We have a requirement to update our impact fees at least every three years. It means that, by ordinance, we're required at that time frame, but nothing precludes you from coming back sooner under circumstances where there's a belief that the impact fees need to be adjusted sooner. Sometimes that's because costs are going down, and sometimes because costs are going up. And there are times in the past when we've made more frequent adjustments. These fees, by statute, must utilize the most recently and localized data available. And Collier, since 2002, has also required indexing between full studies. Again, that looks at the costs using some localized -- a localizing factor national indices, and there's -- obviously, the board has direction when we bring these forward to not adopt the increases, but every year we do, on a schedule, provide for those impact fee indexing analysis. In our current fee environment, we have a high volume of land-use petitions and permit activity. We have affordable housing back on the radar and the question about the affordability of housing; however, we do have a pressing need for infrastructure improvements. Our costs -- we're starting to see that cost escalations are outpacing our ability to funds the projects, and that is driving some of the calculated increases to our impact fee rates. These are the first two of several more impact fees updates that are in work, and you'll be seeing them as we move into the new year. We also have our constituency that we're finding a balance of the demand to maintain levels of service, because level of service is seen as equal to our quality of place and life. Collier County does have multiple benefit programs for people that qualify. We have a countywide impact deferral program, a December 10, 2019 Page 76 multifamily impact fee deferral program utilized by apartment complexes, a charitable organization impact fee deferral program, the impact fee program for existing commercial redevelopment. One of our most popular programs, otherwise known as the change-of-use program which allows businesses that are going to occupy existing buildings and are changing the use to not have to pay additional impact fees. Immokalee impact fee installment pilot program, and we have multiple economic development programs tied to targeted industry and jobs that also can help with the payment of impact fees. Each of these programs does have capacity for new applications. So what are our options when we're faced with these impact fee studies? For the time that I've been in the impact fee program, we've had a "growth pays for growth to the greatest extent possible" policy, and that would mean implementing the fees in full to the maximum legal limit. That does include implementation of any decreases in fees as well. We have in the past a couple of times phased in impact fee increases over a specified period of time. There are several points in time when we phased in, for example, government buildings, and most recently the school impact fee was phased in. There's the option to implement partial fee increases, meaning that if there's a calculated increase, the Board may only feel comfortable going to a certain level: 50 percent, 75 percent. That's pretty popular amongst other jurisdictions. And there's the option to adopt the study and implement only decreases. That's not something that staff has advocated for or been in support of, but it is an option by policy that the Board has. And fifth and new since the last time I was here is an option to evaluate additional impact fee rate categories to address concerns related to housing affordability. We think that this is a great option to put on the table. We did, in the past, have a couple of rates on the December 10, 2019 Page 77 road impact fee schedule specific to certain income levels of affordable housing. And when the deferral program was re- implemented, those were removed from the fee schedule at the direction of the Board at the time. We think this would be the appropriate time to look at bringing something like that back, doing further analysis on where those breakpoints should be, and expanding this to address the other impact fees, not just transportation. The only exclusions would be those demand-driven -- the demand-driven fees, which would be fire impact fees and water and sewer, because they are tied to either fire incidence or the consumption of water and sewer. So we have nine individual residential impact fees that we would be looking at to do this evaluation and potentially bring those recommendations back to the Board of County Commissioners. This would be to augment those programs that I listed on the slides prior, not to get rid of any of them. We're looking for ways to expand and address some of the concerns that are being brought to us by the community and by the building industry. I have to note that any option other than No. 1, which is staying with our current policy, and No. 5, because that would be data driven, will shift a portion of the growth demand to taxpayers or in the -- with respect to water and sewer, other than funding sources like user fees or would require a reduction in level of service. So I'm going to walk you through quickly what the numbers are, and this is a breakdown of the impact of just the changes in question here for the -- some land-use categories. So we're going to start here with a single-family home less than 4,000 square feet. The water impact fee with its 32 percent increase equals an additional $820. Sewer impact fees, with a 22.7 percent increase, is an additional $613. So your subtotal there for utilities is another approximately $1,400. December 10, 2019 Page 78 The road impact fee for single-family homes is 8.68 percent or an additional $646, for a total increase of just over $2,000. Moving on, if you look at a 10,000-square-foot office, again, your same 32 percent increase in water impact fees a $1,369 increase, $1,024 increase for the sewer impact fees, but a 16 percent increase -- or decrease in road impact fees actually takes this to a reduction to those office impact fees of $14,000. So overall a 10,000-square-foot office is going to be paying $14,000 less even with those larger increases in water and sewer. Same example here for a general industrial building. And the reason that I picked these out of the commercial uses are these are some of our most frequently permitted land uses, so we see a lot of this type of activity. So same thing here for general industrial, 10,000 square feet, water increase of $1,369, same thing for sewer, 1,024. You can see the subtotal there of the increase of just over 2,300 -- or just under $2,400, but your 20 percent decrease related to road impact fees, again, takes the total change to 87 -- more than an $8,700 reduction. And retail, same thing. Water is going up, sewer is going up, and the increase to roads is minimal. It's $1,000 -- I'm sorry -- a decrease to roads is a $1,000 decrease and basically takes out half of the increase for water and sewer, bringing the total increase to over $1,300. Multifamily -- and this would be a per-unit cost, and this is multifamily three to 10 stories, which is an area that we do have a lot of activity. Again, the reason that we chose this category, you can see the water and sewer, as we've detailed in the prior slides, just over $1,400 of an increase with the road impact of a 7 percent decrease, taking your total increase to just over a thousand dollars. And one more time, my last slide, just to give you a full perspective on this, this is one of your larger increases, multifamily one to two stories, December 10, 2019 Page 79 water and sewer going up $1,400, transportation impact fees going up $1,400, for a total increase of $2,800. COMMISSIONER SOLIS: Could I ask a quick question? MS. PATTERSON: That brings us to our recommendations. CHAIRMAN McDANIEL: Hang on. COMMISSIONER SOLIS: Could I just ask a quick question, because I think it might be helpful for -- this is a really complicated calculation. Is there any way you could just summarize, I mean, why there's differences in the impact fees, say, between different kinds of commercial or even residential? I mean, it's just so that people have an understanding of -- MS. PATTERSON: Sure. COMMISSIONER SOLIS: -- residential is residential. Why is one going up -- you know, why is it different? MS. PATTERSON: Absolutely. For water and sewer, it's easy, because they're broken down into simply you have residential rates, and you have commercial rates by meter size. So it's pretty clean cut, and it's all pretty similar. But when you get into some of the other impact fees -- and in question today is transportation -- there are over 60 land uses on our impact fee schedule each with individual travel and demand characteristics attributable to that development. So the way even that the traffic patterns associated to a single-family home is not exactly the same as multifamily. And so that -- those -- that data is collected for every single one of these land uses and then is put through the calculation, including, as we talked a lot about at the past meeting, the calculation of credits, the sales-tax credit, to come up with that final fee. The other thing that's affecting the fees, particularly this time, is where some of that data comes from also has to be regularly updated. So it's the Institute of Transportation Engineers manual which December 10, 2019 Page 80 provides us travel characteristics again, and some of the demand components, trip generation, things like that, is updated every few years. And this year, or a couple of years ago, which is the driver on this update, there were some really significant changes in some of these land uses. Things have been combined on the multifamily side, so you're seeing the results of that change here; that there's not a difference between condominiums and multifamily simply because of the ownership of the land; that they have the same travel characteristics, same demand characteristics. And so they've all been blended into these multifamily rates. But on the other side, on the commercial side, there's a lot of land uses that have now been studied that the demand has gone way down. And so that's why it's very important when we're calculating these impact fees, despite the outcomes, that these are purely data-driven exercises to be ultimately fair. COMMISSIONER SOLIS: This is not picking a number out of thin air? MS. PATTERSON: Correct. COMMISSIONER SOLIS: It's all data driven. MS. PATTERSON: Correct. We might like to have more of something, but we can't just say, well, we're going to adjust the impact fees because we'd like to have more restaurants or we'd like to have more retail. This is all data. And doing something like that would cause an invalidation of the fees because, again, this is a fee which requires there to be fairness, and there has to be a benefit to the fee payer for the demand that they're paying for. COMMISSIONER SOLIS: Thank you. That was very well done. Thank you. MS. PATTERSON: You're welcome. December 10, 2019 Page 81 CHAIRMAN McDANIEL: Do you have another question or a comment, Commissioner Taylor? COMMISSIONER TAYLOR: No, I just have a comment. I kind of smiled, because when I first was elected, the County Manager attempted to put me in a room to explain impact fees. And he saw me -- you know, my eyes glaze over, and I stayed this, you know, this stunned look. And I'm like -- and I remember you saying, oh, well, get -- we'll explain this later. I mean, it's so complicated. COMMISSIONER SOLIS: Yeah, that was -- and, I think, kudos to Amy, because that was very well -- very well explained. Thank you. Yeah, it's really complicated. It's not a random process. COMMISSIONER TAYLOR: Even when they explain it to you it's complicated. Yeah, it's not random. It's not arbitrary. MS. PATTERSON: Just to conclude, we have three recommendations. They're up on the screen. We're asking to accept the proposed water and wastewater impact fee rate study and the road impact fee update study, which are considered to be reasonable and meet the criteria established by the Florida Impact Fee Act and applicable case law; we're asking to adopt advertised impact fee ordinance amendment and associated impact fee rates with the recommended implementation date. I'll just remind you that, by statute, any increases require at least a 90-day notice. So we've already factored that into the ordinance and the associated fee schedules. And, lastly, this is -- I touched on a little bit, is to direct the County Manager to work with the county's impact fee consultant to develop options for new impact fee rates for affordable housing land uses for each of the residential impact fee categories, as I've listed out. That would be transportation, school, parks, jail, EMS, government buildings, law enforcement, and library impact fees, for consideration by the Board at a future meeting. December 10, 2019 Page 82 We do -- when we talk about the rates -- if I could go to your questions. We can talk about that, and if you have any questions about a potential phase-in, I know there's some concerns about the magnitude of some of the transportation impact fees. If that's something the Board would like to talk about or understand a little bit better, we can also go there. CHAIRMAN McDANIEL: Commissioner Saunders, did you have a question or a comment? COMMISSIONER SAUNDERS: A comment. And I want to listen to the speakers, and -- but I'd like to ask the Commission, when we get to voting on these, that we do the water and sewer impact fee with one motion and the road impact fee with a subsequent motion, because there may some changes that we might want to make to an individual impact fee. That way we can keep those separate for a separate vote, if that would be acceptable to the Board. CHAIRMAN McDANIEL: I'd be okay with that. Commissioner Solis. COMMISSIONER SOLIS: I'd like to just reserve my time until we hear from the speakers. CHAIRMAN McDANIEL: Okay. And I'll leave you at the top. How about you? COMMISSIONER FIALA: Well, my comment is simple. After I voted the last time -- and I voted against the impact fees, and I heard from some constituents. I never hear from constituents saying I don't agree with your vote. I shouldn't say "I never." I don't hear from anybody wanting to go raise some fees and saying I don't agree with you when I say no. They said, I think you really do need to do this because, really, it saves all of us people who live here year-round money because we're not having to pay the impact. And although I realize that, when this person -- actually, there were a couple letters that I got, and a phone December 10, 2019 Page 83 call, and I thought, you know, I was thinking, enough is enough. But after I got the calls I thought, well, you know what, I am going to change my vote. So I'm just letting you know up front. CHAIRMAN McDANIEL: Well, there you are. COMMISSIONER FIALA: It means a lot when you hear from people. CHAIRMAN McDANIEL: Well, sure; absolutely. COMMISSIONER TAYLOR: It does. CHAIRMAN McDANIEL: I'm going to reserve my comments until the end as well. So let's go to our public speakers. MR. MILLER: Mr. Chairman, I have only one registered speaker. Lauren Melo. CHAIRMAN McDANIEL: There you are. And I bet you there's a couple of minutes ceded. MR. MILLER: No. CHAIRMAN McDANIEL: No. Just three minutes, okay. And, by the way, the newly anointed president of the Naples Area Board of Realtors. I had the honor of installing her this past Saturday night. So congratulations again, formally. MS. MELO: Thank you. Good morning, Commissioners. And as -- for the record, I am Lauren Melo, President of the Naples Area Board of Realtors. I'm here today to reassert our board's opposition to the proposed increase on residential impact fees and, more specifically, the proposed increase on residential impact fees. In carefully considering our position, our board reflected on the county's recent budget and earmarked line items as well as the sales-tax increase. We discussed the current lack of affordable inventory for essential service personnel and how an increase in impact fees would result in an increased cost of existing properties December 10, 2019 Page 84 and, therefore, lead to a greater shortage of homes available for purchase. In addition, Collier County already has the highest impact fees in the state. Individuals who work in our community but are unable to live in our community, commute to Collier County daily, utilizing our amenities, roads, and infrastructure. This is a detriment to our county because we are unable to benefit from the ad valorem tax that would be collected if these individuals were to live here. Thus, when projects or maintenance or amenities are needed, current citizens foot the bill. For our board, it is illogical for the county to insist on finding housing solutions for essential personnel while, at the same time, increasing impact fees that will directly reduce housing opportunities. To simplify, if we want to provide housing for service personnel, why would we increase the cost of housing in Collier County? We reject the idea that the only way to pay for capital projects is the consistent increase of taxes, whether those taxes are called a sales tax or impact fee. We ask that the county practice fiscal responsibility for capital projects through appropriate budgeting. We ask that the county keep the long-view vision of growth in our community in mind when considering each expenditure and project. Thank you. CHAIRMAN McDANIEL: Thank you. Any others? Just the one? Okay. Commissioner Solis, you're first. COMMISSIONER SOLIS: Last time we visited this, I was concerned and -- with Ms. Melo -- that on the one hand we spent a lot of time talking about affordable housing, housing affordability, and then we turn around and we make it more expensive. And so there is some tension between those two that I think somewhere and some December 10, 2019 Page 85 point in time we need to address, but it does make housing more expensive. But -- and I agree with Commissioner Saunders' suggestion that we look at the two kinds of impact fees that we're talking about, the water/sewer and the roads differently, because they are completely different. And the way we pay for growth on the utilities side is different. And having discussed with staff at length how that works, the utilities portion of it, there would be some serious, I think, repercussions if we somehow changed midstream what we're doing and how we're funding the additional capital projects that we need on the utilities side. So having said that, I'd like to have us consider a number of things. One would be, we have increased -- we have a sales tax now. Everybody -- you know, the voters approved it; very narrowly, but they approved it. So there's already a tax increase. It does capture some of the users of our infrastructure that don't necessarily live here, and that's a good thing. So what I'd like to do is figure out a way to lessen the impact of the impact fee -- that's funny. Lesson the impact. And so what I'm going to suggest is -- it's kind of a four-fold approach, and that would be, number one, phasing in the road impact over three years, I think that's a fair thing to do. I think it will help us in terms of the affordability as long as we combine that with what -- the new option, which was -- I was glad to see that -- was redefining or refining how impact fees apply to different kinds of residential properties, because some might -- instead of having basically just two classifications, there's a lot of different variance in between those two that might make a difference in terms of affordability. That's number 2. Number 3, the question I asked was, okay, we have a -- a deferral program that's intended to help generate housing that's December 10, 2019 Page 86 affordable. It has a 3 percent cap on it, right? But we never get there. MS. PATTERSON: Correct. COMMISSIONER SOLIS: It's a very underutilized project. I think the most we get to is about 50 percent of that 3 percent. So that tells me that there's -- you know, I was expecting that we had a waiting list, and we should have a waiting list or something. We should be exceeding that. If we're really trying to foster housing that's affordable, we should have a program that is very attractive and that landowners and builders want to do because it makes it make sense. So I think we need to revisit that. And I would like to have some direction to staff to relook at that. We had a lot of different programs, but are they really doing what we want them to do, and that's my concern, and I think we can look at that. The other item that I think we had in past years was that there was an impact fee deferral fund that could be used to cover impact fees for certain kinds of housing that we would want to generate. So as I understand it, the fund is still there. We haven't funded it since the recession or maybe prior to that. MS. PATTERSON: It was a couple years prior to recession. COMMISSIONER SOLIS: Right. So while I'm hesitant to vote in favor of raising impact fees, I understand that we are kind of addicted to impact fees for paying for growth. I would suggest that we phase those in, redefine the classifications to see what kind of difference that makes, and hopefully it will foster more affordable housing; that we restart the deferral fund and tie that to, you know, the programs that we have to address affordability. And I would make that in terms of a motion. MR. OCHS: Water/sewer. December 10, 2019 Page 87 COMMISSIONER SOLIS: Water/sewer, no. I think -- having talked to Mr. Isackson -- CHAIRMAN McDANIEL: Let's do as Commissioner Saunders suggested. We trifurcate, bifurcate. COMMISSIONER SOLIS: Yeah, I'm referring -- right. I'm referring specifically to the transportation side, transportation impact fees. CHAIRMAN McDANIEL: When we get into that, we'll adopt the study, because we can adopt the study in and of itself, and then we can vote on the impact fees accordingly that are designated. Are you okay with that? COMMISSIONER SOLIS: Yeah. I mean, that's fine, if we need to do that -- CHAIRMAN McDANIEL: There's going to be a couple more comments here. Commissioner Saunders, and then I have something to say as well, so... COMMISSIONER SAUNDERS: Well, I have a long history of supporting maximizing our impact fees going back to when I served on the County Commission a long, long, long time and during my tenure on this commission. And so I'm a little bit twisted here in terms of the -- some of these increases. I'd like to suggest -- I'd like to make a motion to approve the water and sewer impact fees to get that off the table, because I think there's general consensus to do that. And in terms of the road impact fees, I had met with some folks yesterday and said that I may be inclined not to approve any increase in the impact fees, but I also reserved the right to change my mind during that meeting. So I like the thoughts concerning phasing in and the other aspects of what Commissioner Solis has indicated. So I would make December 10, 2019 Page 88 the motion on the water and sewer impact fees just to get that off the table because I think -- CHAIRMAN McDANIEL: Let's do the study first. I think -- and don't we need to -- don't we need -- I believe we need to adopt the study or approve the study. MR. CASALANGUIDA: Accept. CHAIRMAN McDANIEL: Accept the study. Not approve. Accept. COMMISSIONER SOLIS: I'll make a motion that we just accept the study. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the study. 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. I have a couple of comments, and it is -- I'm not in support of increasing taxes. We haven't had -- very little discussion with regard to controlling of expenses. These impact fees have been baked into our system since time immemorial. They go do a study. It says it's warranted. Boom, we put them in. And then we turn around and have continuous discussion about the lack thereof of housing affordability, how we can't have essential services folks living within our community, so on and so forth. December 10, 2019 Page 89 And without a viable discussion about expense controlling -- and it's not -- I'm not throwing rocks at staff. I'm not making any representations with regard to inappropriate activities by any stretch, but if we don't have some kind of constraint, the addiction that you mentioned isn't ever going to go away. If you don't -- if you don't wean off of how you've conducted business since time immemorial, then you're just going to continue to support that addiction. And so I -- just so you know, I'll vote for the reduction in the impact fees. I'm not in favor of phasing them in. I am in favor of the staff initiative to look into viable programs that are going to assist our residents in housing affordability. But just because a study says we can't, I'm not going to. I'm not going to. So that's my two cents. Commissioner Taylor. COMMISSIONER TAYLOR: Yesterday we were at an M-CORES meeting, and they talked about a road that they were constructing that is under construction that is supposed to be -- and I can't remember the name. It's an odd name. CHAIRMAN McDANIEL: Myakka River. COMMISSIONER TAYLOR: Something like that. (Simultaneous crosstalk.) COMMISSIONER TAYLOR: You know, a bypass for I-4. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: We're going to validate at our next meeting, but the price came in at $64 million a mile. CHAIRMAN McDANIEL: That's the DOT. COMMISSIONER TAYLOR: Collier County today is 6 million a mile. Now, unless we change the income tax status of the State of Florida, folks are going to continue to come here, and when they come here, they want to live in this beautiful county with its services, with its beautiful roads, with its medians, with all the amenities that we enjoy. December 10, 2019 Page 90 And there's a lot of land out there that has yet to be developed and a lot of roads that have to be laid and a lot of that have to be maintained. We are the largest county east of the Mississippi, right? COMMISSIONER SOLIS: Well, Polk County -- COMMISSIONER TAYLOR: Oh, Polk County. Oh, it rivals? COMMISSIONER SOLIS: I think they're wrong. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: I actually represent the largest land mass east of the Mississippi by one person. COMMISSIONER TAYLOR: Right, which is agricultural land. (Simultaneous crosstalk.) COMMISSIONER TAYLOR: So we've got to build these roads for the people, and we have to do it. So the question we have as a commission is, who's going to do it? Are the people that are already here that are already paying taxes that have already paid impact fees, are they going to be assessed with that? Are we going to start cutting our impact fees to our school? If you want to know what's happening just pay attention to Lee County. Or are we going to say that growth pays for growth. And if you want to live in Collier County, it's going to cost you money, and to develop programs by which we make affordable housing available through impact fee deferrals. I vote for the last. I think that it's very important that growth pays for growth. I think it's very important that we maintain the quality of life here. And we have a standard that's the envy of so many counties in Florida. So I would support accepting the program, which, of course, we've already done. And are we going to vote on the specific -- and I certainly support -- and just as an aside, this comes from an elected official who will remain nameless. I was so shocked. I was told by this elected official, do you know the kind of water we're drinking in December 10, 2019 Page 91 Collier County? In the state of Florida? It has Ibuprofen in it. We're drinking someone's sweet tea? And I immediately called Dr. George and said, what's going on? And he said, ma'am, in Collier County the water that you get is membrane. It means it's pure. You can't get any -- it takes everything out. It's reverse osmosis. That's the standard of our county, and that's why these impact fees -- yes, it gets expensive, but then we reduce them. But it's extremely important. And I think when we hear from the sports park, we're going to find out how much prices have been escalated in the last year. So on that -- do we have a motion to -- CHAIRMAN McDANIEL: There's others lighting up. I'll get to you in a second. COMMISSIONER TAYLOR: Okay. Okay. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yeah. And I think one of the things that -- in relation to what the Chairman had raised about looking at expenditures, really what we're looking at -- what we're talking about is the level of service that we assign to everything through the AUIR process. And I'm looking at staff. I mean, this is what we're talking about, because that's a -- we set a level of service based upon a cost, and that -- we come under which with the AUIR, and then it factors into what we're budgeting to build in the future. CHAIRMAN McDANIEL: Correct. COMMISSIONER SOLIS: Is that relatively a layman's way of looking at it? MR. CASALANGUIDA: Yes, sir. COMMISSIONER SOLIS: So if we're going to do that, that's where we need to start. I'm suggesting that if we're going to start looking at where we're spending our money in relation to everything December 10, 2019 Page 92 else -- because I've said this before. Everything comes to us kind of in a vacuum, right? It comes to us. This is a great idea. Oh, we should be for that. Another one. Nothing ever rarely comes to us in relation to anything else. How important is this in relation to everything else? And, you know, I think unless we start looking at maybe that, the level of service and how we set that for everything, library, everything -- I don't know where we would start. COMMISSIONER TAYLOR: Don't go near my libraries. COMMISSIONER SOLIS: Well, I'm just -- I'm saying -- COMMISSIONER TAYLOR: I'm teasing. COMMISSIONER SOLIS: I'm just throwing that out there as an example. Not that that's the one. But I think we have to come up with a way of looking at it overall in some context other than the budget, because the budget's this big and, frankly, overwhelming a lot of times. So I just want to throw that out there that maybe next time when the AUIR comes forward, that we actually look at the level of service for each thing and -- CHAIRMAN McDANIEL: I would contend -- and it's just for discussion purposes. I would contend that it's even further than the AUIR process. I mean, this has to do with the prioritization of the expenditure of our taxpayers' money, period, the end. And this board, this community, has gotten caught, historical -- when you came into office, there was plus-or-minus a billion dollars worth of deficit and infrastructure because the prior board spent the available tax money on the things that they thought were important, and then we come into office, and we learn about another billion dollars worth of accumulated deficits. We learned about 490 million in the sales-tax initiative. Those are all capital expenditures. Two hundred plus million in the stormwater subsurface utility that they called a fee, December 10, 2019 Page 93 and there's another 350 million in maintenance out there floating around we haven't got to talk about yet. So I would contend, Commissioner Solis, that it's a greater discussion than the AUIR process. It's an actual mission statement, vision statement, and the prioritizations of this community and how we appropriate. You start talking about level of service, people hit the panic button because they believe that we're not going to have as many places for people to go and beautiful medians and so ons and so forth. And I don't think -- I think a balance can be reached with that level of service and the priorities of our community with the expenditure of these funds, and infrastructure is a necessary item to support both the residents that are here and those that are coming. And if we manage that from a -- all the way starting with the mission statement, vision statement, and then into these other systems, fine. But currently, it's baked in. This is what we've always done. This is the way we're going to do it. And we get a study that says it's okay, and we go ahead and do it. And that's where I'm not in support of, so -- and I'm with you. Commissioner Taylor lit up. Do you want to -- COMMISSIONER SOLIS: I just wanted to finish. COMMISSIONER TAYLOR: No. I just -- I liked your idea about looking at the AUIR in a different way. And maybe that could be a workshop, maybe -- because I think it is a workshop before it's actually presented before us -- you know, to let you quantify and qualify it so that we can start looking at -- instead of it siloed here, we just look at the whole picture. I mean, that's a gargantuan task, but I like this idea. COMMISSIONER SOLIS: It is -- I actually suggested one day that we just start with one giant whiteboard and put No. 1. COMMISSIONER TAYLOR: Yeah. December 10, 2019 Page 94 COMMISSIONER SOLIS: But anyway, I'm digressing. So I'd like to go back, because I had tried to make a motion to dismiss. I thought I had made a motion. CHAIRMAN McDANIEL: You did make a motion. We approved the study. COMMISSIONER SOLIS: We approved the study. CHAIRMAN McDANIEL: And there's two impact fees that we need to approve or disprove, as the case may be. COMMISSIONER SOLIS: Right. And we already approved the utility. COMMISSIONER SAUNDERS: We have not voted on -- COMMISSIONER SOLIS: Oh, we voted on the study. CHAIRMAN McDANIEL: All we've done is voted on the study. COMMISSIONER SAUNDERS: I'll renew the motion to approve the water and sewer impact fees as presented by staff. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded to approve the water and sewer impact fees as presented by staff. Any discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed? Aye. 4-1. COMMISSIONER SOLIS: And then my motion, just to restate my other motion, was to take the option of phasing in over three years the increase to the road impact fee and directing staff to December 10, 2019 Page 95 redefine or refine -- not redefine, but refine the residential classifications and to also look at -- we need to look at changes that we can make to these deferral programs to make them more attractive so that more landowners and developers are willing or want -- not willing, but want to take advantage of them if we really want to do something about affordability. And I think that encompasses that option that you added today, too. MS. PATTERSON: Did you also want us to look at options for the old trust funds? COMMISSIONER SOLIS: Yes. I'm sorry. And funding the deferral fund. MS. PATTERSON: Yep. COMMISSIONER SOLIS: Yes. That would be my motion. COMMISSIONER TAYLOR: I'll second it. CHAIRMAN McDANIEL: It's been moved and seconded. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I'm going to support the motion even though yesterday, as I said, I did tell some folks that I was inclined not to vote to increase the road impact fees, but I think it's a rational middle ground. So I'll support the motion. CHAIRMAN McDANIEL: And I'm -- as a point of contention, I just -- I would -- I'm going to vote against the motion, and not in pretense, because three-fourths of what you said I liked. The deferral programs, enhancement of the initiative to get the word out, if you will, the funding up the trust fund, I like those, but I can't support an increase in impact fees until we've addressed our addiction issues. COMMISSIONER SOLIS: I agree. And not to belabor the point, but I think we need to take a little step, you know, and I hope that is -- CHAIRMAN McDANIEL: We have -- December 10, 2019 Page 96 COMMISSIONER SOLIS: -- seen as a step towards working on this addiction to a revenue stream that our expert, Mr. Isackson, is not -- is not -- I think -- can I put words in your mouth? MR. ISACKSON: Sure. COMMISSIONER SOLIS: Is not a very good one because of the way it fluctuates and depending on the economy and whatnot. So -- CHAIRMAN McDANIEL: And I'm with you. I just wanted you to know why I'm not supporting your motion. As I said, three-fourths of it I'm good with, but I can't support the increase. Won't. COMMISSIONER TAYLOR: And do you think just -- CHAIRMAN McDANIEL: Commissioner Saunders is lit up ahead of you. COMMISSIONER SAUNDERS: I'm quicker on the button today. COMMISSIONER TAYLOR: And I didn't even press my button. CHAIRMAN McDANIEL: You don't hit the button regularly. COMMISSIONER SAUNDERS: I just want to kind of take a little bit exception to describing our use of impact fees over the years as an addiction. This board made a policy going back probably 25 years ago that growth would pay for growth and that we would maximum our impact fees. That's been the policy of the Board for, like I said, 25 -- maybe even longer than that; 25 years or more. So I wouldn't describe it as an addiction. I would describe it as a rational policy to make sure that newcomers pay their fair share for the cost of infrastructure so the current residents don't have to pick up the tab. I think it's a great program. When I was in the Florida December 10, 2019 Page 97 legislature, there were efforts to curtail impact fees from local governments. I rejected those, argued against those every time. So I just don't want it to sound like, well, we've got this addiction to a revenue source and it's inappropriate in some way, because it does kind of leave that impression. I don't think it is. I think it's very appropriate. So I just wanted to mention that. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I wonder if Mr. Isackson could come up and just give us his two-minute summary of why impact fees are important, please, because I think he can. MR. ISACKSON: Commissioners, Mark Isackson with the Office of Management and Budget. Commissioners, impact fees are a very volatile revenue source, first of all. We go from 105 million down to 20-. I can't use it, really, for anything other than capital improvements. So, I mean, we start looking at the flexibility of that revenue source. And this is what I look at on a corporate level on a daily basis when we start putting together the budget process. Now, we hitched our wagon to impact fees, as Commissioner Saunders says, 25 years ago. Differentiate water and sewer from general governmental. I've in-fluxed, from the general fund, $102 million since 2005 to help backfill debt service that we issued for growth-related projects because impact fees aren't sufficient. So I'm a little jaded when it comes to the fact that impact fees are the panacea. But it's what we have to deal with, and we deal with it. And transitioning out of that, good luck. It's not going to happen. So you live with what you've got, but it doesn't mean that I can't, we can't, begin to point out that there are deficiencies connected with that. Every year the state tries to -- as Commissioner Saunders says, tries to curtail what we can use to pay with impact fees, whether December 10, 2019 Page 98 it's debt service or you can't levy as much or whatever the case might be. We fight that battle every year. So you asked for my comments; those are it. CHAIRMAN McDANIEL: Thank you, sir. COMMISSIONER SOLIS: How do you really feel? That's -- CHAIRMAN McDANIEL: And, you know, Commissioner Saunders, you brought it up earlier -- and you were lit up, so forgive me. I also try to let you go first before I put my two cents in. COMMISSIONER FIALA: That's always nice. COMMISSIONER TAYLOR: Do you notice he doesn't press his button? CHAIRMAN McDANIEL: Me? I hide my button. Commissioner Fiala, please. COMMISSIONER FIALA: Yeah. I just wanted to say there are ways around the impact fees, though, for anybody, whether they be young families or whether they're moving here or whether they're older people, whatever it is, you don't have to buy a brand-new house. You can always buy a house that's on the market. And there's a lot of those as well as people move around and so forth. And there's no impact fees involved in that. So, you know, it isn't like everybody has to be suffering with it. There's other ways around it. I just -- we just had a house that sold in Lakewood for $127,000. COMMISSIONER TAYLOR: Wow. COMMISSIONER FIALA: I mean, that's pretty darn good. COMMISSIONER TAYLOR: That's great. CHAIRMAN McDANIEL: And, Commissioner Saunders, I meant no offense. My analogy with regard to the addiction has to do with the historical viewpoint on the -- and the limitations put upon us by statute. You know, I've referred to it since time immemorial of a statutorily regulated tax and imposition on the first person in. We're December 10, 2019 Page 99 relegated by statute upon what we can when, where, and how spend that money. And then we -- and we have smaller districts. I mean, look at our fire districts that are coming in with enormous amount of impact fees, and then they're forced -- and there are time limits, constraints on the limits for the expenditure of those funds that cause circumstances to prevail where it ends up being hot money. By statute, if you don't spend it, you have to give it back, and that causes -- that causes people to -- you know, I'm not going to go down a rabbit hole. I mean, we can count noses and be where we're doing. So it's been moved and seconded per Commissioner Solis, and seconded by, I believe, Commissioner Saunders -- or Commissioner Taylor to -- I'm not going to try to repeat all that. There was three of the four I liked, and the one is a basic three-year phase-in of the road impact fees, and then everything that he said. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: And I'm voting -- okay. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. Aye. 4-1. MS. PATTERSON: Thank you. COMMISSIONER TAYLOR: Let's go to lunch. We'll be back at 1 o'clock. How about that? (A luncheon recess was had from 11:56 a.m. to 1:00 p.m.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: I do have a live mic. December 10, 2019 Page 100 Commissioner Fiala says we can stay here and visit forever, so we'll endeavor. MR. OCHS: You ready to move on, sir? CHAIRMAN McDANIEL: I am, sir. Item #11C APPROVAL OF THE MENTAL HEALTH AND ADDICTION SERVICES FIVE YEAR STRATEGIC PLAN FROM THE COLLIER COUNTY MENTAL ILLNESS AND ADDICTION AD HOC ADVISORY COMMITTEE – MOTION TO APPROVE STAFF’S RECOMMENDATIONS – APPROVED; MOTION THAT THE CHAIR SIGN A LETTER REQUESTING PARTICIPATION FROM THE MUNICIPALITIES AND BOARD TO NEGOTIATE PARTICIPATION FROM MUNICIPALITIES FOR PARTICIPATION TO LEVERAGE FUNDING – APPROVED MR. OCHS: We are at Item 11C on this afternoon's agenda. This is a recommendation to approve the mental-health and addiction services five-year strategic plan from the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. Mr. Callahan will take you through a few informational slides. MR. CALLAHAN: Good afternoon, Commissioners. For the record, Sean Callahan, Executive Director of Corporate Business Operations. So just a short refresher, this is the five-year strategic plan that we considered in a workshop format with the ad hoc committee on October 29th. The Board directed us to schedule this plan for its consideration at this meeting and also asked for two additional points of information that we could bring back. This information was at December 10, 2019 Page 101 least partially provided to you in a supplemental memo that accompanied the item today. On that, the two points of information that you asked for were to provide data on the costs of construction and operation on other central receiving facilities throughout the state of Florida, and then to provide an analysis on the cost savings and avoidance benefits associated with undertaking the various measures of the plan. So we've included that. I'll touch briefly on a few points that I think are important to highlight in that memo. So most importantly in the committee's research, in 2015 and 2016, we found that the Department of Children and Families made competitive awards to different communities that were looking to fund central receiving facilities. Most notably, in 2016 funds were for five-year awards, and they ranged anywhere from 6.2 million to 21.7 million dollars over a five-year period. So Volusia County, where Mr. Chet Bell worked in for years, who you heard from, he was our consultant that was here at the workshop, they received an $11.8 million award that they used to fund additional beds and then enact additional operational programs at SMA healthcare in Volusia County. So while there were no new awards that have been given out by DCF since 2016, I will point out that every year in the nonrecurring -- the nonrecurring general revenue requests that are appropriated through the Health and Human Services budget, there were 26 requests in 2019 that all had to do with the central receiving facility, ranging anywhere from $100,000 up to a couple million, and that's just on a yearly nonrecurring basis. So in that, when we're looking for funding sources to fund some of the operational shortfalls that are in this plan, the committee's recommending that we pursue not only a revival, possibly, of the December 10, 2019 Page 102 DCF program, much like a model that we've considered with the state VA facility where we're paying for the bricks and mortar through sales tax, and we asked the state agency to help us out with some of the operational funding but to also be able to pursue some of those nonrecurring legislative requests on a yearly basis. Obviously, the multiyear award would be a lot better. We've talked with our legislative staff, John Mullins, a little bit and some of our lobbying teams. Knowing that this facility's not going to be constructed for a couple more years, we have a -- we have a few -- a couple years to put those thoughts together and possibly pursue those fundings. I'll take you back to the recommendation of the committee that we considered in the workshop where we are recommending that we consider an all-of-the-above options request where we pursue federal, state, local funding, and I'd be remiss not to point out that local funding doesn't include just county funding. It could include philanthropic dollars and various sources of funding from elsewhere. Then just generally with these types of facilities, to talk about it, the David Lawrence Center is actually a good model to look at right now about how they're funded. It's a mixture of a state contract that's appropriated each year from the state, a local match that comes from the county in several other sources. They're funded through a few million dollars of donations and federal grants, and then they're also funded by private remittances which may be insurance, Medicaid, some of those other sources. So that's on the information about how these different facilities are funded and how they've been constructed. Most notably, that state funding could have been used for capital construction costs or operations. Since we've satisfied largely the capital construction costs so far through the sales tax, we'd be looking to pursue that for operational funding. December 10, 2019 Page 103 So on cost avoidance, it's a little bit tougher of a nut to crack. We provided two examples, one in Pinellas County and one in Miami-Dade County. Pinellas was a little bit smaller where they found 33 high utilizers and connected them to these wrap-around services that are talked about in the plan. They spent about $1.3 million to implement that plan for those 33 users and found out that it immediately paid off over two years with about $1.1 million in cost avoidance and savings. Miami-Dade had a little bit larger number where they found the 97 highest users of not only their jail system, but their hospital system, and all of the different services that are provided throughout there for the county and demonstrated $13.7 million in cost avoidance over the period of that pilot program. COMMISSIONER TAYLOR: With a central receiving system? MR. CALLAHAN: Yes, ma'am, that's correct. So to extrapolate that into the costs of what we would be able to do in Collier County, a lot of these other communities haven't been able to demonstrate that cost savings and avoidance until they've actually implemented some type of a pilot program. I could tell you broadly, with speaking with the Sheriff's Office, the cost -- the average cost of a day in the Collier County Jail is $159. On average, throughout the year, we think there's about -- the committee pointed out there's about 100 people in that jail population that might be eligible for some type of diversion program. So, conservatively, when you look at all that, just in the jail, I think we could come up, over the life of this plan, with one-and-a-half to two million dollars of savings being conservative. So I'll stop there, and those were the two points of information that the Board asked for. Today we'll be asking the Board to adopt, at a high level, the overall strategic plan for a five-year session, and we will bring back different initiatives that would involve county December 10, 2019 Page 104 funding or involve some type of policy decision to the Board before those are pursued or implemented. This will approve the overall strategic framework of it. Just to remind you very quickly what those community priorities are. These were in order of importance to build and operate a central receiving facility system to serve persons experiencing acute mental-health or substance-use crisis. The second one was to increase housing in support of services for persons with serious mental-illness and/or substance-use issues -- or substance-use disorders -- excuse me -- to establish data collaborative for data-sharing collection and outcomes reporting, which will be very important on us to actually be able to track the benefits and cost avoidance that's associated with the implementation of some of these programs. Fourth, to increase the capacity and effectiveness of the justice system response for persons experiencing serious mental-illness and/or substance-use disorders; five, to revise and implement a nonemergency Baker Act and Marchman Act transportation plans; and, finally, six, to improve community prevention advocacy and education related to mental-health and substance-use disorders. So next steps: As we mentioned in our workshop on the 29th, the ad hoc committee will sunset on the final disposition of this plan. And what we've talked about is forming some type of a strategic delivery plan with community nonprofits and private-sector partners. So I'll remind you that we had talked about quarterly group meetings, existing channels and committees, including the members of this ad hoc committee. I believe the Community Foundation of Collier County has volunteered to be the convener of these meetings. Mental health is one of their strategic priorities that they're pursuing. Then, as I mentioned before, individual priorities, especially that involve county funding, will be brought back for approval before December 10, 2019 Page 105 implementation. The plan also recommends that we do some type of external evaluation of the plan and the priority implementation. It was recommended in the fourth quarter of 2021. We can revise that in some of the speed that this moves along for that data, if it makes more sense to do it a different time. And then we've initiated already the county to study locations of this central receiving facility and system. We have a kickoff meeting with all of those partners that I just mentioned being scheduled. We've met internally with staff to initiate that process. So we'll evaluate all the different programmatic touch points along with the technical aspects, costs, and feasibility of different sites that will be evaluated throughout the county, and the delivery team will obviously be involved in that evaluation. And then this, along with all the other individual priorities, will be brought back to the BCC before implementation. So I'll stop there and ask if you guys have any questions or if there's any further information that we could provide. CHAIRMAN McDANIEL: Commissioner Taylor, you get to go first. COMMISSIONER TAYLOR: Frankly, I think we've studied this, and I think this is -- this is a great -- it's not a sum-up, but it's a great summary of where we were and what we're doing and giving us the parameters. And I like what you said about having it as a very high overview where you're going to bring back individual policies for approval or disapproval. So on -- given this delivery and importance of Commissioner Solis's efforts in this -- and long efforts -- and, again, thank you so much, sir -- I'd like to make a motion to approve staff's recommendation on the strategic plan for mental health for Collier County. CHAIRMAN McDANIEL: Commissioner Saunders. December 10, 2019 Page 106 COMMISSIONER SAUNDERS: I'd like to congratulate Commissioner Solis for getting this report approved before the end of this calendar year. That was your goal, and you've been able to do that. And -- COMMISSIONER SOLIS: Really, Sean and the committee, amazing work. COMMISSIONER SAUNDERS: Well, everyone did a great job. And without your leadership, Andy, this would never have been brought here. I would suggest -- I would request that Commissioner Taylor withdraw her motion and have you make the motion to approve it. It's your -- it's your program. COMMISSIONER TAYLOR: I'll second it. COMMISSIONER SOLIS: I appreciate that. CHAIRMAN McDANIEL: It's apropos. COMMISSIONER SOLIS: Thank you. I would make the motion that it be accepted and approved. Thank you. COMMISSIONER TAYLOR: Seconded. CHAIRMAN McDANIEL: It's seconded already. Do you have anything else, Commissioner Saunders? COMMISSIONER SAUNDERS: No, sir. CHAIRMAN McDANIEL: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes, we were discussing at some point just recently, I don't remember which meeting it was but, anyway, they were talking about these same points. And somebody in the audience asked, with the seriously affected mental-health candidates, but giving them separate housing, right, and where do you put them? Are you going to be putting them within neighborhoods? Will there be somebody overseeing their care and their -- and their safety and other safeties? Or how is that going to December 10, 2019 Page 107 be? At the time we got kind of a nebulous answer, and I would have liked to see a little bit more. MR. CALLAHAN: Commissioners, just to address that question specifically, we've kind of ranked these priorities in an order of operations fashion where, you know, the first thing is creating some type of a diversion facility, which is that central receiving facility, and then the next few of the priorities that we describe are really the wraparound services that are there to provide that support for folks that are getting that diversion and treatment. So in evaluating where -- the location of the central receiving facility, I think that's going to inform us to a lot of how the other -- or how the other priorities within the plan will be implemented. That's why it's important -- I said it a few times -- that, you know, before we make a decision on where these different locations will go, we will come back to the Board and seek your guidance and approval before we do that, and at that time we'll be able to better define not only the locations but the different fiscal impacts that are associated as well as the different benefits that would be associated with their implementation. COMMISSIONER FIALA: Okay. And you were talking about a facility rather than scattered, right? And the reason I'm asking that is that, you know, we used to have these things right here in the state of Florida until our legislators decided to save money and eliminate all of them, and now these people have no place to go and no people to reach out to and for a support system. And many of them know they need some help, but they don't have a way to get it. And so I'm wondering how much support you will have right at their -- at their fingertips, or will they now be just as the state, you know, just let them go and find your own type of a thing? MR. CALLAHAN: Commissioners, I would just address, that's the reason that this whole plan comes as a package, not individual December 10, 2019 Page 108 elements, is to make sure that there are those supportive services. I'd point out the last one is increasing community advocacy, prevention, and education, which would educate folks about where they might be able to be connected with these services. The idea of a central receiving facility is it's an entry point so that they can be connected to different needs. When you look at the examples for Pinellas County and Miami-Dade, it wasn't just diverting people from the jail. It was making sure that they got connected to the services that they need to prevent exactly what you're talking about from happening. So that's why it's so important to consider this as an overall strategic plan rather than just one individual priority on its own. COMMISSIONER FIALA: The reason I asked is you see so many that are homeless wandering the streets or sitting on -- you know, behind buildings, and the Sheriff's Office goes to pick them up and so forth, and so they don't really have a place. Well, you would know, too, because you're involved with that. They don't have a place to go for safety and for -- you know, when they need help the most. And I'm just wondering, is that -- will that be a plan before we ever -- to just vote on it and not know if that's going to be in the plan makes me a little nervous. COMMISSIONER SOLIS: Can I just -- maybe I can help? COMMISSIONER FIALA: Sure. COMMISSIONER SOLIS: Because, I mean, that is No. 2, you know, is if we have a central receiving facility, we get folks out of the jail. To just turn them loose, that's kind of what we've been doing. So part of the plan is to develop and to increase housing and supportive services so that we don't have this endless cycle of in and out of the jail, in and out of the jail. The details of that and how that's going to work will be coming back to us, you know, from staff for specific, you know, either -- or December 10, 2019 Page 109 methods or whatever. I mean, whatever the implementation of this plan is in the future, those items will be coming to us. So we'll hear the whole thing and be able to consider whether we like that idea or don't like that idea on how to implement the policy increasing housing and supportive services. So we'll be revisiting -- before anything happens, we'll be revisiting this in detail. CHAIRMAN McDANIEL: Every component. COMMISSIONER SOLIS: Every single part that implements this, we will be looking at it. COMMISSIONER FIALA: Good. COMMISSIONER SOLIS: So we will get a chance to -- COMMISSIONER FIALA: Because we see too much of it now. And so maybe it will help those people if they have something to lean on and give them direction and so forth. CHAIRMAN McDANIEL: I can't remember who it was -- I don't know if it was Commissioner Solis or -- one of the commissioners was with me in DC, and we went and met with HHS and -- because when we were talking about these enhancements and services and so on and so forth for those suffering from mental illness and substance abuse, when I was meeting with those folks, I remember -- well, what does your mental-health plan for Collier County say about this? And we didn't have one. Have a plan. Now we can go have a discussion with the agencies and the funding mechanisms that are out there to support these individual components as we go through the process. And Commissioner Solis saw that deficit, orchestrated the community effort, brought together this. It's a global plan. And as he said, individually, these things are all going to be vetted and discussed, specifically with No. 2 there on the housing and support services. What's best -- what's the best aggregation for -- because we know as a fact folks that suffer from mental illness and substance December 10, 2019 Page 110 abuse, one of the largest issues for their recidivism, coming back into our systems, is lack of housing. And so how do we manage that, and what's best for us to manage our tax dollars as a community to support those that have that need? So -- and that's right there, No. 2 in our overall plan, overall reaching plan, so... COMMISSIONER FIALA: Now, when you're talking about the housing, do you mean individual housing, or do you mean housing in a facility to help them? CHAIRMAN McDANIEL: It could be either. It could be both. But nothing's going to get done without it coming back to this board and the community to be aware of what in fact's being proposed and how it's going to be managed. It could be a facility. I mean, you know, similarly, St. Matt's just north of us here on Airport Road is building a housing facility there for some of their patients. It could be a locale facility. It could be either/or. COMMISSIONER FIALA: And I hope, when we are discussing this as a community, we have key people there like Scott Burgess and like the Sheriff Hu -- oh, Donna. CHAIRMAN McDANIEL: Oh, my goodness. You went back on us, didn't you? COMMISSIONER FIALA: I did. I'm so sorry -- Rambosk and possibly even a couple people like for instance Van Ellison -- CHAIRMAN McDANIEL: Right. COMMISSIONER FIALA: -- over there; just so that we get key people to -- because they're dealing with the problems, and in this case you can't gloss over them and pretend they're not happening because this -- we're now going to be setting a precedent. And let's face it, it's coming right out of this area, so -- and we have to keep our people safe here. December 10, 2019 Page 111 CHAIRMAN McDANIEL: Absolutely. But the adoption of this plan actually allows for that entire process to go further and receive funding at the same time, because without a plan -- COMMISSIONER FIALA: Well, that's what you're saying. We're hoping. I'm just trying to make sure that we're going to get all of this stuff done. Okay? CHAIRMAN McDANIEL: Yes, ma'am. COMMISSIONER SOLIS: I'll keep pushing. CHAIRMAN McDANIEL: Yes. COMMISSIONER SOLIS: And one last thing. And I do want to thank all my colleagues here for all of the support that they've given me in this whole process in coming up with this plan. I want to thank Sean and the members of the committee. Like I said last time, when I said, well, let's get it done by the end of the year, that was, you know -- I just wanted to put a timeline on it because we'd been doing it year by year. I never really thought that that would actually get done because it was such a huge ask of a committee of -- MR. CALLAHAN: Nineteen. COMMISSIONER SOLIS: Nineteen people were on this committee. So it was a monumental task, and they got it done. The last thing I would ask for is -- and I want to let you know that I'm pursuing this, and that is, I think one of the things that I would like to do is to try to the extent that we can to leverage the $25 million that's in the sales-tax money for the central receiving facility, and I would like to -- and I've already started doing this, and I want to let you all know and get your support for this. I would like to go to our municipalities and suggest to them that this will be their facility as well and that I think it would be fair that they support it to the same extent that we are in terms of percentage of the entire tax revenue that we're going to get. The 25 million of the total amount is about 6 percent. December 10, 2019 Page 112 And I would like to go to our municipalities and say, you know, please -- please join us in this and help us by committing the same percentage. No more, no less. And I've run that by a few members, and I've gotten a very positive response. So I'd like to pursue that. And that would -- I think, ultimately will help us go to the legislature and say, look, we have a total community buy-in, you know, from the county to the municipalities to the private sector, philanthropy. This is a place to invest some money in, because it's backed by everybody in the community. So I'd like some -- to let you know that I'm doing that, and I hope I have your support to pursue that, because I think we can leverage the 25 to, you know, maybe 30 or 40, and really get to the number of beds that solves the problem. CHAIRMAN McDANIEL: Gotcha. I like the idea. And I'll support you in that effort. COMMISSIONER SOLIS: Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, in reference to that effort, once we take care of this agenda item, I think it would be appropriate for you to make a motion for us to pursue -- for you to pursue that as a matter of policy of the Board so they have a unanimous vote, not just a "it sounds like a great idea; let's go do it." Literally develop that as a policy. CHAIRMAN McDANIEL: That's a great idea. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: Anything else? COMMISSIONER SAUNDERS: No, sir. CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: It's been moved and seconded that we approve the plan as presented by our staff in the recommendations. All in favor? December 10, 2019 Page 113 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. CALLAHAN: Thank you, Commissioners. COMMISSIONER SOLIS: So I would make a motion that the Board -- COMMISSIONER SAUNDERS: We're authorizing you to -- COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: -- negotiate with the municipalities on their participation in the funding of these programs however you want to -- I think that's what we're talking about doing. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: And I have a thought. How about just a letter from the Board to the mayor of the two munici -- because we only have two municipalities. COMMISSIONER SOLIS: Yeah. CHAIRMAN McDANIEL: And so to -- well -- and I don't know -- Marco doesn't have -- well, we have three. MR. OCHS: Three. CHAIRMAN McDANIEL: We have three municipalities. So Marco doesn't have a mayor, but to the leadership of these individual municipalities that this is something that we would like to see as an aggregation of the community support from the Board. COMMISSIONER SOLIS: That would be fantastic as well. And my thought is, is to go to each of the city councils, and hopefully December 10, 2019 Page 114 with Sean, and we'll present the strategic plan and, you know, ask them to participate and answer questions as to what it's about. You know, Michelle McLeod from the City of Naples was on the committee, so she was very, very involved in the whole thing, but I'm not sure that there was anybody from Marco. So I just want to make sure that they understand what we're doing and why it would be right for everybody to participate in this and how it would increase our ability to leverage the funds to really get to the point where we're solving a problem. CHAIRMAN McDANIEL: I like it. COMMISSIONER SOLIS: So I'll second the motion if I can do that, unless that's a conflict of interest. COMMISSIONER SAUNDERS: The motion is amended to do include the Chairman signing a letter or perhaps even all five of us signing a letter for you to deliver to the leadership of the City of Marco Island and the City of Naples that you're authorized to represent this council, this commission, before those two governing bodies. CHAIRMAN McDANIEL: And Everglades City. COMMISSIONER SAUNDERS: Money usually flows the other way with Everglades City. CHAIRMAN McDANIEL: You know, there's a proportionate share of sales-tax money that's going to Everglades City. COMMISSIONER SOLIS: Oh, that's true. CHAIRMAN McDANIEL: And if it's on a 6 percent -- if the number is a 6 percent and they can afford it, they should participate. Everybody should participate, so -- and it cannot hurt to ask. As you're -- and you are correct, usually the money goes the other way. But there is a -- you know, no one is immune to mental illness and substance abuse. And as a community we need to coalesce with this, so... December 10, 2019 Page 115 All right. It's been moved and seconded -- COMMISSIONER SAUNDERS: I'll amend the motion to include that, Everglades City. CHAIRMAN McDANIEL: It's been moved and seconded to do all that. You okay with that? I mean -- COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: -- the motion is discussed and is a matter of record. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: No, no. Thank you. Thank you. Item #11D FOURTH AMENDMENT TO AGREEMENT NO. 17-7198 FOR CONSTRUCTION MANAGEMENT AT RISK (CMAR) CONTRACT PHASE 1B - GUARANTEED MAXIMUM PRICE (GMP) NO. 3 HORIZONTAL AND VERTICAL WORK PACKAGE TO MANHATTAN CONSTRUCTION FOR THE NEXT PHASE OF THE SPORTS COMPLEX AND EVENTS CENTER (SCEC) IN THE AMOUNT OF $19,665,469 – MOTION TO APPROVED STAFF’S RECOMMENDATIONS – APPROVED December 10, 2019 Page 116 MR. OCHS: Item 11D is a recommendation to approve the fourth amendment to the construction management-at-risk contract with Manhattan Construction for the next phase of the sports and events center in the amount of $19,665,469. Mr. Casalanguida will make the presentation. MR. CASALANGUIDA: Thank you, Mr. Manager. First, Board Members, I'd like to thank you as the owner allowing me to be the owner's rep on this project and the County Manager, because I whine to him an awful lot about the time spent nights and weekends. And I do owe an apology to my partner, Margaret, and Josh, and even our construction manager, because on this project, I've been a royal pain in the rear end, if you know what I mean, because I'm a little bit of a Type A when it comes to these type of projects. But I want to give you a good update today as to where we are, highlight some positive notes, and highlight some challenges as we go forward on this project as well as, too. So I'll move forward, and you can stop me with questions, or you can wait till the very end. So this is the original project layout, just to refresh you where we started. Very genetic, kind of a fit plan. And then this is the layout where we currently sit today. And I'll take you through the phases and some progress photos and let you know what's going on. So Phase 0 is complete and closed out on time and under budget, and that was the clearing and grubbing, lake construction, initial layout of the road and getting the 66 acres that we purchased from the Rice's City Gate ready for construction. That allowed us to really proceed quickly with the project, not wait for the permits on 305. Phase 1A, which is approved, is the bulk of the infrastructure. It completes the road other than the clearing and grubbing. Takes you to the south entrance. Builds the maintenance building, builds the December 10, 2019 Page 117 welcome center, builds the market, builds the ancillary bathrooms, and lays out all the infrastructure to the four fields for the project to open up. And then some of the progress photos, to give you a feel for where we are. And I think you'll be surprised. When you look at the project and where we started to where we are today, they've already laid in both the north and the south parking lots. The building here is your welcome center, and this is your market, and that's the main walkway coming between the two. COMMISSIONER FIALA: What's a market? MR. CASALANGUIDA: Market -- consider almost like a Wawa or Racetrac. The concept of the sports park is designed on your diagram below to have a central spine both north and south as you see right there. So the market is where everything converges. So when kids come to a complex or families come to a complex, they go in, they buy food, goods, services, everything they need at a central market. It's also the central point where their SFI will distribute food almost similar to what they do at a golf course with golf carts. They pick up food and go to the different fields and provide food and beverage. MR. OCHS: SFI is? MR. CASALANGUIDA: Sports Field Incorporated, which is going to be your contract manager. This is your welcome center. It's a two-story building. The elevator shaft is put in. FP&L is coming in pretty soon to put in the big solar trees and the solar canopies. And over here towards the front, they're going to put in some solar -- not solar -- electronic vehicle charging stations as well, too. That it even farther ahead. Even these progress photos, they've already put in the steel for that floor and moving on from there. December 10, 2019 Page 118 The market, as we talked about, also in front of the market is your gated entry. For some events they'll charge gate to get into the park, which is a concept around the county that they've used successfully in terms of when they provide the value-added services to come in. So most family people will come in and check in on that side. Teams will check in on the welcome center. So you've got two points of entry. And when you look at the site plan at the bottom of your screen, entrance point, entrance point, entrance point, way in, spine road, secondary entrance point. So the project is very well designed for good access. COMMISSIONER TAYLOR: I think it's called connectivity, is it not? MR. CASALANGUIDA: Connectivity and mobility, that's right, ma'am. CHAIRMAN McDANIEL: It depends on what corridor you're talking about. Remember that? MR. CASALANGUIDA: This is looking east from right on the edge of the lake, and you can see the arrow at the bottom of your screen. They've already put in the concrete ribbon curb for the fields, and they've already installed one of the light poles and putting in the next one. So even as you see these pictures, which is only a week old, they're in the heavy construction delivery phase right now. The fields are set to come online fairly quickly. COMMISSIONER TAYLOR: And why is that important? MR. CASALANGUIDA: We plan to open in -- June 1st, ma'am, for the bulk of this, which is exciting, because then we'll start programming as well. There's already some programs developed, and I'll talk about that a little bit as we go forward. December 10, 2019 Page 119 This is a picture of looking east from the lake. When I get into some of the other pictures, you'll know what's coming at the face of the lake. But it's -- this is a 13-acre lake. There's going to be a path around the lake and little fitness stations around it that tie back to the beach that's over there. So you can see from the progress photos, we are, you know, ahead of schedule, and we are under budget in terms of the phases we've released so far. This is the south entry road. Where City Gate Boulevard South ends, there'll be a gate here to close the park at nighttime and a turnaround to come in. And I think the Rices have been talking to you potentially some big projects that might come next door, which they're talking to us now how to integrate with the park as well as, too. Phase 1B is what's in front of you right now. Phase 1B will catch up to 1A in the sense of right here in north. The only thing that will not be open in November -- until November of next year is this area right here, which is the stadium. But we expect all the green areas here and here to open up on June 1st. Matter of fact, we want to do a soft open on June 1st and do a 4th of July event a month later as a hard open to the public. So we want to get everything opened up and be able to have five fields, the great lawn, all the buildings will be operational, and the site ready to go. Five months later we expect to have FBU the following year in the stadium. COMMISSIONER TAYLOR: Will they be there in July? MR. CASALANGUIDA: Yes, they will. And you're getting ahead of me. But you approved it on this agenda, Top Gun; 1,200 athletes from around the country has moved from South Carolina to this complex already. Steve Quinn, who was here earlier, purchased All American Games. Steve Quinn just walked in the door. I didn't set that up either, Steve. December 10, 2019 Page 120 So it's exciting because he's partnering with the contract manager. They want to bring some of these events they've developed already, and then Steve's goal in purchasing All American Games, moving it back to Naples where he grew up, is to work with SFI to parlay a bunch of the tournaments they already have into what they call organic, home grown. They're not purchasing the events. They're creating them here in Collier County. So we're already going to be using the facility the minute we open it up and have events here. COMMISSIONER SOLIS: All roads lead to Naples, right? MR. CASALANGUIDA: All roads -- pound Naples, that's right. We're speaking to the kids, I think -- Steve, correct me if I'm wrong -- Sunday. That's right. And there's kids coming in, and Chief Bloom, Lieutenant Hampton, and myself, we're going to talk to the kids about code of conduct, and then we're actually taking the kids out here, I believe on the 18th, for kind of a feeling to check out the park and anticipate where they're going to play next year. So Steve did a real good job of coordinating with NBC Studios. We spent a lot of time with NBC in the stadium design, setting the electronics up as the stadium grows to be able to broadcast out of there. So NBC Sports, through Steve's contacts, have helped us out quite a bit. This is where we get a little bit in the challenges. Phase 3 -- or this is called Phase 2, but Phase 3 of -- in me sequencing the project, is the 305 piece. Now, you purchased this for about $5 million to the tune of about less than 150,000 an acre several -- many years ago. It was Transportation and Public Utilities purchased that property. What we're struggling with is the base elevation. If I draw that line and say, that's the existing ground today as we go into this project, and when we get our permits, we've got to get to that grade, and when we clear and grub, we've got to figure out how much of December 10, 2019 Page 121 that is muck, this distance, multiplied by the square footage of cubic yards of fill we've got to bring in, in today's prices of excavation of fill, could range almost up to $8 million in fill material. Now, what we're looking at is excavating out the Little League area potentially doing something different. Maybe crunching a couple of the fields a little bit to try and recapture that. But a lot of the construction costs in the next phase are not buildings. What we're going to do to try to recapture some costs when we get to this phase is we went to really design buildings that are modern and used to accommodate the bulk was the -- these ancillary buildings, check-in buildings, we're probably going to look at prefabricated buildings more to service with those fields, but send everybody back to the core area for the amenities that are there, and then look at, you know, do we bid alternate the parking grounds, campgrounds that's there? Do we shrink two fields? Do we go with a different turf mix? But the bulk of this cost increase is construction costs, and I'll show you why, and this fill material that I still do not know the exact amount of what that is until we finalize our permits and we clear that area. So that's one of the challenges that we go forward in the next phase. Phase 3, we've applied for an appropriation with the state. This is the field house. We've set aside and we're holding on to about 7, $8 million in your sales tax for resiliency. We've met with the designers, Parker/Mudgett and Populous, as well as Josh to get to a level that this meets a field house status or shelter for special needs and elderly. They talk about safe-room criteria. Safe-room criteria adds about 10 or $15 million to that site. So we're leaving that for dead last. It's not in your program budget right now. We're optimistic we're going to get a grant. When we get to there, we'll either shrink it December 10, 2019 Page 122 down or, depending on what we get, we'll decide if that's going to come online. But it was always meant to be last. From an O&M perspective, running it, it probably is the biggest drain on revenue in terms of expenses coming into the project. CHAIRMAN McDANIEL: Before you go. MR. CASALANGUIDA: Sure. COMMISSIONER FIALA: Can you tell me what a field house is? MR. CASALANGUIDA: Sure. A field house, if you can imagine a very extra-large indoor gymnasium, usually about 70 or 80 feet in height, ceiling height. And so if you can imagine a gym, like you would see at North Collier Park, multiply it by three times, and the ceiling height is usually much higher, about 70 feet, 60 feet. It accommodates basketball, volleyball, cheerleading, indoor sports, and at the same time, when you use it as a shelter, you can partition off the rooms. The design includes backup generators, different phase power, seals (sic), rooms that can accommodate some of the medical supplies and treatment that's there. It also has a commissary in there so it can produce food as well, too, for the building. COMMISSIONER FIALA: Thank you. CHAIRMAN McDANIEL: And where is it on the picture? MR. CASALANGUIDA: It is right there. CHAIRMAN McDANIEL: It's about 80,000 square feet, if I recall? MR. CASALANGUIDA: That's right. COMMISSIONER FIALA: I would have never guessed that. I'm so glad you explained that. MR. CASALANGUIDA: I'm glad you asked. CHAIRMAN McDANIEL: And it duplicates -- it dups as a hurricane shelter as well. MR. CASALANGUIDA: Yes. December 10, 2019 Page 123 CHAIRMAN McDANIEL: Cat 5. MR. CASALANGUIDA: That's a Cat 5, yeah, safe house. That's one of the strongest criteria they have in the state of Florida to -- we've reached out to Secretary Moskowitz from FDEM. We want to do an agreement with him so that we can gain further support for that project, but that's at the end, and I'll talk a little bit more about that later. Okay. In terms of the great lawn, this has morphed quite a bit, but it goes on to the conversation I think we had with Commissioner Solis and feedback from the manager of SFI and our team. Your great lawn is a focal area of this project in the sense of where the people will spend time in between events. And you can get a feel for what that looks like. It's got a volleyball pit in that area over there, a fire pit, several in here; 6,000-square-foot pavilion with food trucks, room for six, a fitness area, and a large lawn area, similar to that Baker Park concept but many more amenities. And as I go through some of the slides, you'll get a feel for what they look like. So you can see the beach coming up. There's a concrete path that takes you all the way around. It will connect to whatever develops to the northwest, the idea being a seamless development that's there. And underneath, three-sided bar. You know, I guess the greatest form of flattery is plagiarism. We looked at what they did at Celebration Food Truck Park and what we've seen around the county: San Antonio, Austin. We visited Vicksburg, we visit Sandusky. This open-air concept, you'd see outside ping pong, corn hole, you know, TVs to watch sports. It really keeps the parents and families here during the whole event that's going on. It generates quite a bit of revenue and, you know, we see that as a large amenity for our residents. There's no gated access in here to stop county residents from coming in at any time. So this is open on the December 10, 2019 Page 124 weekends unless he have a reserved event that we might have for a special event, the Board does. Just another picture of the fire pits. We've left a spot for some art in this area here, and the stadium is that location, the lake is that way. So you get a little chance to orientate yourself a little bit. And then the fitness area. A lot of conversation about this. Outdoor fitness has become a tremendous, you know, amenity that people seek to use outside. Functional fitness. We've worked with a couple different companies to lay out an outdoor fitness area. Athletes will come here, train here. It will be open to the public. We have not talked about yet whether we charge for some of this or not. You've got a yoga area and a fitness court. In this area here, the fitness court, we received the grant that you approved, and we're going to build something exactly like that that's out there in that location. So, you know, it becomes one of those things that on weekends hundreds of people will gravitate to and just want to be able to work out outside, walk around the lake, take their kids to the park, and use the fitness area that's there as well, too. We get into the stadium design. And you get a feel for what the stadium looks like. The great lawn is here looking down. Neat concept that we work with designers. This stage area works both ways. It works into the stadium, and it works out into this little pavilion area there. The screen itself is 16 by 30. A smaller one faces inside the stadium. These are raised steps, 10 feet in width, up a foot and a half each one. And then you've got a little pathway and another pathway that goes around there. So people can sit, watch events outside, have music, concerts. It ties in -- you know, there's that market I mentioned to Commissioner Fiala, you walk that way, and you walk that way, and you get to the path and, yet, with these December 10, 2019 Page 125 little gates and walls, you can remove them when you want to or include them when you want to secure the stadium. We're not building this building, but we are having a set of bleachers put there. To save money, we did not replicate the west side of the stadium. We went with berms. These are 10-foot berms all the way around. So seating will have about 3,500 to start. You'll be able to go to 10,000 at its max. But even with the berms, you could have 4- to 5,000 people there. And we're in conversations with United States Soccer League about having a Tier 1, Tier 2 team come over here and potentially want to play in Collier County. So that's an interesting prospect, too. Just another view. Both -- the stadium has a second floor. Again, NBC worked with us on that second floor. Two decks that come off there from -- I call them VIP rooms, but they're areas that you could have parties and special events and then come out to the deck and watch the event that goes on. Vomitorium. And that's a strange word to call it, but that's what they call it. COMMISSIONER SOLIS: A what? MR. CASALANGUIDA: Vomitorium. When you come out of your locker rooms, you come out that way, and the new type lighting that we have is Musco lights. You can actually shut the whole park down, focus the lighting on coming in, and you could have a light show that comes in there, and it's -- dollar-wise not very much more, but the technology's come so far that it's really outstanding when you look at it. COMMISSIONER TAYLOR: Are we going to talk about an alternate use for the stadium? December 10, 2019 Page 126 MR. CASALANGUIDA: Yes, ma'am. I think that's why we call it the event center, as well, too. We've got a lot of interest from folks who want to have concerts in there. CHAIRMAN McDANIEL: One music festival and -- MR. CASALANGUIDA: Well, you talk about that. The United Arts Council, and the study that they've done, United Arts Council wants to sign an MOU with the county. They want to have their 40th year anniversary gala here in the fall. They said a week long, but maybe for their first event a three-day event with arts, music, festival and, you know, types of events there, as well as, too. Just another view. So you can see, this is the great lawn up in here, the lake. This is the berm. You can't see it in this kind of rendering, but it goes up about 10 feet. So there's seating all the way around the stadium as well, too. The amenity area, subject to funding at the end of Phase 2, SFI, the management company, has said, really to monetize this park even more to charge gate, and they could recommend including their little kids' play area, park, you know, they talked about miniature golf, a climbing area. Very successful in Sandusky and Vicksburg, because when you notice, you bring families to these events, you have a lot of downtime in other family members. So the mom or the dad takes the other kids, and they take them someplace else. And the way they run it in Sandusky -- and we met with an Erie county commissioners -- and I think I told you that the last time I was here -- they say to the people -- when they say, well, you're charging $10 gate, and people say, why do I have to pay to come watch my kid play? And they say, if you don't enjoy yourself the whole time you're here, we'll give you your money back. Just let us know. They said they're not giving any money back because there's just so much to do at the park. So they talk about that experience. December 10, 2019 Page 127 That's just a schematic that they've provided, a sports force park at the bottom hand (sic) corner, what it would look like. The website's already up. They've got -- there's seven or eight slides. I didn't want to take you through all of them, but if you go to www.sportsforceparknaples, you'll see that they provide construction photos. They allow teams to register already. So they're already starting to book events. With the limited fields, they're working with North Collier Parks and Rec to do tournaments in both locations until the park's fully built out. But they've already started their programming, and Sean is working with them to do the management contract. TDT to collections. And, you know, this is an important conversation to have. This line that comes across, that's when we set the TD. And Commissioner Saunders, rightly so, wanted to make sure that we restricted the funds going to this product to make sure that advertising and beach renourishment would take their fair share of the funds that went there. We are about $4 million above plan. So one of the thoughts we've had in talking to Mark Isackson and Ed Finn is that -- take this delta between plan for a year or two and let us catch back up, maybe three years, depending on the revenue, with construction values and not borrow any more money, but use a little pay-go and maybe some commercial paper to soften the edges to get us through the rest of the construction. But this is, I think, a sign of the health of the new hotels that are coming in. I think it also is a sign that the Tax Collector, as we talked to him, is doing a good job of catching the Airbnb. So I think that trend is good for us and allows a little bit of flexibility in terms of that. December 10, 2019 Page 128 And I think we did say -- I know we said it. When you said, is 3.75 million enough? I said, no, it's not. We'll do the best we can, and that's the cap we have when we took out the debt service. Really try to make -- you know, to Crystal's credit, she asked a lot of questions that -- whether you like or dislike the project, I think it really makes us go through and identify everything that's in there. So in the executive summary, I went to great effort to try and break out the soft costs and the hard costs so you get a good understanding of what's going on. These are your softs costs that when I do a construction estimate, I don't put that in my head, typically, but you can see they add up. And, you know, some of them, like the impact fees and mitigation and then the fees that are in there as well, too. But they're about $10 million. And in your hard costs, you have your actuals, and then the budget I'm kind of working with for Phase 2, which is the 305, the 28 million right there. And then the revenue on the right-hand side. So my negative variance is about 8 to $12 million. And important I put on the record again, I'm not going to know that number really, really good until I understand this fill impact to the 305 site, and then we'll have that. And what I would like to do as we move forward is work with the design team to bring what I would call several alternates so I can -- next time we come forward to bring these projects forward, I can say, if we do everything, this is the cost. I've got several alternates that I can deduct and add, and we can talk about where you want to go with it. We are in conversations with naming rights right now. Our bond counsel told us that we have about $8 million as a maximum that we can collect. We think we'll hit that ultimately because we have a lot of interest right now, and Sean's working those conversations. December 10, 2019 Page 129 CHAIRMAN McDANIEL: Commissioner Saunders, do you have a question now or -- COMMISSIONER SAUNDERS: Yeah. You were mentioning the fill, and I wanted to just throw out a thought in reference to that. I don't know how much land is involved in that potential area of the Little League area, but my position would be, unless persuaded otherwise, which would be difficult, would be not to use that for fill. Once you dig the lake, it's a lake forever. That land in the Little League facility there, I think, will be very important down the road. And if that means delaying, you know, waiting another year or two for certain things because of the increase in the collections of the tourist tax, that would be a better approach. So I just wanted to, while you were discussing that, let you know that my position would be let's don't start using land for building more lakes than we have to. MR. CASALANGUIDA: I'm going to look at our engineer of record; make sure he heard that. Okay. We're going to bring you options so that you'll have all those decision points in the future. This to me is a really important slide because, you know, if I were that good at predicting construction costs or anything else that's in the market -- we started this project here '16/'17 with the study. You can see what's happened with these huge increases in construction costs. This is the recession. Things went down in the low single digits then started jumping up from '12/'13. This comes out of -- the source of this data -- I just pulled it about an hour ago. It comes out of the Bureau of Labor and Statistics. And this is engineering fees as they've escalated since 2007. So you can see, it's pretty significant in terms of what we're facing in increase. And our contractor, Gordon Knapp, is here. He's working on Artis of Naples. They've got a major contract with RSW. They're also doing that project the gentleman spoke of today, the community December 10, 2019 Page 130 health center. And he'll tell you by nodding his head, he's experiencing having this conversation with all of his clients about increasing construction costs. And then the last slide I have is your Turner building index. I had Geoff Willig in our office just run a calculation from when we started this project here. If we built that project and we waited till here, the total increase is 14 percent, 91 million -- 80 million to 91 million. So, you know, again, a pretty steep rise. Now, I had a chance to meet Larry Rooney, which is Congressman Francis Rooney's son. He's the president of Manhattan. And he said nationally they're having these conversations. People saying, should I wait? And he said, don't wait. It's not going to get any better anytime soon. It may level out. The fact that you've phased this thing, you're at least turning the park on where many people would be, you know, now in this quagmire of we want to wait until the final plans are done. I had that conversation with Commissioner Taylor. I think we made the right decision, because you're going to be turning this thing on, and that drives further revenue coming in as the places around there start to use the park as well, too. With that said, I'll take any questions that you have, and go from there. CHAIRMAN McDANIEL: Any questions? I just want to say, you know, that I was looking at the executive summary and the budget processes, and I would like a clarification, because one of the things that sold me on this project from the beginning was that 80,000-square-foot field house that dups as a hurricane shelter for us. MR. CASALANGUIDA: Yeah. CHAIRMAN McDANIEL: And I thought I remembered in the initial plans that it was all inclusive and part of it, and then at some December 10, 2019 Page 131 stage our costs continued to escalated, and now it's got moved to what's known as Phase 3, and we're -- it's another 16 million that's not part of the included deficit for the TPC, for the total project cost. MR. CASALANGUIDA: Yes, sir. I think the last time I presented this I called that out. I think it's more than 16 million. I think when you go to what they call a safe-room category, you're probably in the neighborhood of 25 million. CHAIRMAN McDANIEL: Okay. MR. CALLAHAN: Right. And from an operator's perspective, when we did the Hunden study -- and I called this out at my last presentation. From a revenue-to-expense analysis, your fields generate much more revenue compared to the expense you have of maintaining the fields compared to a field house. And I understand you made that point at the last presentation, Mr. Chairman. You said, yeah, but I really want that field house because that safe -- that shelter's important to me. And I said, I understand that. If it was -- you know, we use the shelter once every two years, but when you need it, you need it. If you're going to invest TD revenue, you've really got to have that revenue coming in. So the decision has always been, get the fields in place later, because now you have revenue coming in. You can then fund the field house. Now, we have asked -- we have set aside 8 million in the surtax, and we've to the state for an appropriation of 8 million. And someone might say, why would the state give you 8 million? Well, they gave Babcock Ranch 8 million last year. And understand that's Syd Kitson, and he's got a little more juice than lowly me and everybody else. Senator Passidomo put it on the list, and we're talking about it. Our goal is to reach out to Jared Moskowitz, try and get a little bit of December 10, 2019 Page 132 incentive for him to join that. And then we're applying for grants. So that's where we are with the field house. CHAIRMAN McDANIEL: All right. And there again, it just is -- health, safety, and welfare is paramount for me. I mean -- and I understand revenue and operational costs. Those are all extremely important to the ultimate success of the project. But from a prioritization of our community, I think that's number one for the community. It doesn't mean we don't have places to shelter people in the event of a natural disaster. MR. CASALANGUIDA: Right. CHAIRMAN McDANIEL: By no means. But this is the epitomization to me. East of I-75, tidal surges are virtually non -- if we get a tidal surge that far in, we're all going to go paddling, so... MR. CASALANGUIDA: Sure. CHAIRMAN McDANIEL: I just -- I would really -- I mean, I'll be happy to assist with making sure that that gets done. MR. CASALANGUIDA: I would support that and appreciate that help. CHAIRMAN McDANIEL: Any other questions? I mean, it's an amazing project. We're looking forward to it. Everybody's excited about it, to speak of. Commissioner Saunders. COMMISSIONER SAUNDERS: I just wanted to say, you know, you've got the cost overruns or the increases in cost, but I think the way this has been structured, we're at a very positive financial situation with this, if the sales tax -- or the tourist tax revenues had dropped, we'd be having a different conversation. But from the chart that you've given us, we were able to use approximately $6 million was the baseline in terms of what was available in Fiscal Year '18. That number has now gone to about 9 million. So you've got a $3 million delta there that my understanding is that's going into reserves. December 10, 2019 Page 133 MR. CASALANGUIDA: Yes. If it's overplanned, we don't program it; we put it into reserves. COMMISSIONER SAUNDERS: So assuming that our tourism continues to be robust, as predictions are, over a period of a few years you're going to accumulate enough in reserves to cover some of the increased costs that we're experiencing. That's one of the reasons why I was saying in terms of the fill material I'd rather delay things for a couple years as opposed to using the land that will be very important. So I want to congratulate staff. I think even with the increases in cost and the potential for the field house to be delayed a little bit, I think we're in great shape. CHAIRMAN McDANIEL: Agreed. And I concur with Commissioner Saunders about digging up the ball fields. MR. OCHS: Got it. COMMISSIONER TAYLOR: So I had the occasion to speak to a gentleman from Sports Force. MR. CASALANGUIDA: Yeah, Mr. James Arnold. COMMISSIONER TAYLOR: James Arnold. And he looked at me. He said, you know, we wouldn't have taken this project if we weren't sure that the community was going to use it. He said, we are in a position in our company to decide who we want to work with, and it's very high values that we deal -- that we work with communities that want to include the community access to these facilities. And I was so impressed with that. I just -- that's our values, and that's what -- it's modern business, seeking values, and they represent that. So, congratulations. I know they were -- they were many that you looked at, but I was really sold. MR. CASALANGUIDA: We flew up to Atlanta to their offices to see if they were two guys working out of a trailer or if it was a legitimate business, because a lot of times you will get people who December 10, 2019 Page 134 put in RFPs, and you don't realize. And the fact that we flew to Ohio to meet with the area county commissioner to see how they operate a park, I mean, I think we're doing a lot of due diligence to make sure we don't turn the keys over to someone else. And I think for Commissioner McDaniel and Commissioner Fiala, I need you to know -- because it's a topic that comes up often -- your Big Corkscrew Park is getting a lot of attention, and we're making sure that gets done. CHAIRMAN McDANIEL: When are we doing the ribbon cutting? MR. CASALANGUIDA: This week, I think, right? Coming up. Yeah, next week. And, Commissioner Fiala, you know, East Naples, Eagle Lakes, we're looking at those. I know the pickleball items -- I gave you a sketch yesterday. Again, I'm driving Margaret a little bit crazy because we want to make sure we hit the numbers on the US Open Pickleball and everything else that's going on, too. COMMISSIONER TAYLOR: So just in addition, Ms. Margaret, how many people is she supervising? MR. CASALANGUIDA: Come on up. She asked you a question. CHAIRMAN McDANIEL: By the way, the ribbon cutting is December 16th for Corkscrew Park. COMMISSIONER FIALA: It is? For where? CHAIRMAN McDANIEL: Corkscrew Regional Park, Big Corkscrew. MS. BISHOP: Projects, is that what you're saying? COMMISSIONER TAYLOR: And people. MS. BISHOP: Oh, my. Actually, I was just looking at the list. COMMISSIONER TAYLOR: About. December 10, 2019 Page 135 MS. BISHOP: We probably have about 80 parks projects running right now. COMMISSIONER TAYLOR: Eighty, eight zero, parks projects? MS. BISHOP: Yes. COMMISSIONER SOLIS: Wow. MS. BISHOP: But that includes a lot of smaller projects, not just the capital projects. COMMISSIONER FIALA: So say it again. COMMISSIONER TAYLOR: Eighty. She's supervising 80. And how many people do you supervise? MS. BISHOP: I don't do all the work. I'm in facilities, so we have a team of people. What do we have in facilities about? Ten project managers. COMMISSIONER TAYLOR: And you supervise them all? MS. BISHOP: I don't supervise all of them, but we have -- we work as a team. COMMISSIONER TAYLOR: Yeah. Well, you do a great job. Great job. MR. OCHS: Yes, she does. Thank you, Margaret. COMMISSIONER TAYLOR: Thank you. UNIDENTIFIED SPEAKER: She's supervising all of Manhattan. COMMISSIONER TAYLOR: She does, doesn't she? She's out there. MR. CASALANGUIDA: And let us know if you want to take a tour. Just reach out to us. We'll meet you out there. I know Commissioner Taylor, Councilwoman McLeod's been out there. And I think they've been impressed with what they've seen. And every week it changes. They're doing a really good job, so... December 10, 2019 Page 136 CHAIRMAN McDANIEL: I know we have some public speakers, but Commissioner Solis, and then Commissioner Saunders. COMMISSIONER SOLIS: Well, I just -- I was going to add something to what Commissioner Taylor was saying about the community using it. And it's really interesting, because I recently got together a group of 35-year-olds, and I asked them, you know, what is -- what do we need to do to attract -- not only to get people in that age group to stay here and work here and raise families here, but what are we missing that we need to do to attract that group, young professionals, young -- you know, and one of the things that -- the one thing that they all agreed upon was parks that are actually social venues, not specifically, you know, a specific sport venue, but a social place to go and spend the day. I think when we open the doors on this thing, it's just going to be packed, because there's a real -- a real desire for that. You know, a place to just go and hang out. Exercise, hang out, have lunch, do -- you know, social places, not just a sports venue. MR. CASALANGUIDA: And adult beverages. COMMISSIONER SOLIS: Yeah. A good IPA doesn't hurt. CHAIRMAN McDANIEL: I agree. Commissioner Saunders, you pulled your light. You -- COMMISSIONER SAUNDERS: Yeah. I was just going to make a motion to approve staff recommendation, but if you want to wait until public comment, that's fine. COMMISSIONER FIALA: I'll second it. CHAIRMAN McDANIEL: It's been moved and seconded. Let's do public comment. MR. MILLER: Mr. Chairman, I have two registered. Steve Quinn, who I see is here. I don't see Mary Shea. So I think Mr. Quinn might be your only speaker left on this item. December 10, 2019 Page 137 MR. QUINN: Hello. My name is Steve Quinn. I'm the President of Football University. I just wanted to let everybody know, we're excited about the sports complex, obviously. We decided to move the business back here to Naples, Florida, because of exactly what's happening right now with this sports complex. So I was a little bit late because we actually have 5,000 people coming in this weekend to Naples, Florida, and like the lady over here, we manage about 87 different teams right now, which 40 of them are going to be making their way down here in the next four or five days. So -- COMMISSIONER FIALA: What are they coming here for? MR. QUINN: They're coming here for the tournament that I talked about last month, the football tournament. Remember, you spoke with one of them in the hotel last year, the family? COMMISSIONER FIALA: Yeah. MR. QUINN: Yeah. So they'll be down here for the football tournament this weekend. I just wanted to let you all know how excited we are, not just Football University, but the football world. So we're considered one of the biggest middle school and high school football companies around the world. Not just in the country, but around the world. And if you go out and you go to LA or you go to Rhode Island or you go to Indiana or you go to Seattle, they talk about the path to Naples, the road to Naples. So we've been marketing this thing since I did a presentation with Nick in the room about five years ago and Ms. Taylor in the room about five years ago that this dream was to hopefully build Naples like the Williamsport of baseball is for Little League baseball is to bring youth football here to Naples. And we're on the right track. December 10, 2019 Page 138 And I just wanted to let you know a lot of times we're in our own cocoon here in Naples, but people are talking about this sports complex all across the country and have been for a long time. I think some of them sometimes think, is this really going to happen? So I appreciate you guys, you know, giving us the opportunity to bring these events here. Like Nick had mentioned, we're going to be bringing Top Gun here in July, so during the shoulder seasons, between December when it's quiet in the hotels and July, we'll have close to 10,000 people here in Collier County using this fine facility. I know it's not just for football. It's for all sports. But we're going to be filling this thing up for years to come. So thank you very much. CHAIRMAN McDANIEL: Thank you, Steven. MR. MILLER: And your other speaker would be Mary Shea. MS. SHEA: Hi. Thank you. I just wanted to thank you guys for the attention. You know, I've been talking about this for several years. And it's going to be great. I just want to say, let's keep the momentum. And I would hate to come back here three years from now saying, would have, could have, should have. So thank you guys, and let's keep it going. And it's going to be awesome. I'm excited about sports and entertainment. And like you said earlier, people want to go be sociable. And let's stay away from the phones like we talked about last week. Thank you. CHAIRMAN McDANIEL: Thank you, Ms. Mary. All right. It's been moved and seconded that we approve the -- what are we actually -- the staff's recommendation is to approve the fourth amendment and move forward. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. December 10, 2019 Page 139 CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #11E AWARD AGREEMENT NO. 19-7540 IN THE TOTAL AMOUNT OF $14,962,500 TO THE QUALITY ENTERPRISES USA, INC., FOR “DESIGN BUILD COLLIER COUNTY I-75 AND 951 UTILITY RELOCATION PROJECT” AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT – MOTION TO AWARD – APPROVED MR. OCHS: Item 11E is a recommendation to award a contract in the amount of $14,962,500 to Quality Enterprises USA for the design build Collier County I-75/951 utility relocation project, authorize the Chairman to execute the contract. Mr. Chmelik, your Public Utilities Engineering Project Management Director, can make the presentation or respond to questions from the Board. You all know that this is being done in advance of the FDOT improvements to the interchange at that location, and this is the project to move our utility lines out of the way and relocate those. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I'll make a motion to approve. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded. And it's an amazing report again, sir. December 10, 2019 Page 140 COMMISSIONER SOLIS: Tom is on a roll. MR. CHMELIK: Thank you, Commissioners. CHAIRMAN McDANIEL: You are. 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. OCHS: Thank you, Tom. Item #11F PROVIDE STAFF DIRECTION REGARDING CHANGES TO AN AMENDMENT TO THE LDC INVOLVING SELF-STORAGE BUILDINGS ON U.S. 41 BETWEEN THE EAST SIDE OF AIRPORT-PULLING ROAD TO THE WEST SIDE OF PRICE STREET/TRIANGLE BOULEVARD. THIS IS A FOLLOW-UP TO THE ITEM REVIEWED BY THE BOARD AT THE SEPTEMBER 10, 2019 BCC MEETING, ITEM #11C – MOTION FOR STAFF TO CONTINUE REVIEWING THE AMENDMENT – APPROVED MR. OCHS: Item 11F is a recommendation to provide staff with direction regarding changes to an amendment to the Land Development Code involving self-storage buildings on U.S. 41 December 10, 2019 Page 141 between the east side of Airport-Pulling Road and the west side of Price Street in the Triangle Boulevard. Mr. Jeremy Frantz, your LDC Manager, will make the brief presentation. Jeremy. MR. FRANTZ: Good afternoon, Jeremy Frantz with the Zoning Division. I have a really brief presentation to just kind of lay out where we've been, how we've gotten here. So, actually, this issue came before you-all way back in 2016 when you-all considered a moratorium on self-storage facilities in this corridor. Rather than adopting that moratorium, though, a corridor study was initiated. That was in 2017. That corridor study resulted in a couple of different recommendations, one of them being to establish separation standards for self-storage facilities, and that led us in -- earlier this -- this year, coming back to you-all with an LDC amendment to establish those separation standards. Your direction at that time was not to advertise that ordinance that we had prepared but to instead create incentives for allowing -- or for including commercial activities on the first floor of self-storage facilities or locating those self-storage facilities behind the commercial buildings. Really quickly, just to review what your current standards are for self-storage facilities, this use is not permitted in the C1 through C3 zoning districts. It is only allowed as a conditional use in C4, and it's permitted in C5. There are a few PUDs in the corridor that do allow for self-storage. And, of course, for all of these, the architectural code applies. Here you can see the current and proposed locations of self-storage facilities in the East Trail corridor. And so the two potential incentives that we're bringing back to you-all today for consideration is one in the C4 zoning district to December 10, 2019 Page 142 change self-storage facilities from a conditional use to a permitted use only if a mix of uses is provided, and the other is to create a reduction for required parking and landscape buffers. Again, only for mixed use. So this is approaching the desire to have -- when we do have a self-storage facility, to have it more as a mixed-use concept. Presenting this more as an incentivization rather than what you saw back in September, a separation requirement. And that's all I have for you. MR. OCHS: So we're looking for Board guidance on whether you want us to develop LDC amendments around these two proposals. CHAIRMAN McDANIEL: Yes, understood. Commissioner Fiala. COMMISSIONER FIALA: When you say reduce parking, required parking, we already have parking lacking in most places. Would reducing the parking requirement even hinder it more? MR. FRANTZ: The concept behind -- COMMISSIONER FIALA: So maybe I better ask you this: You're talking about to incentivize the builder of a storage unit to put commercial on the first floor. So, in other words, there's probably very little parking needed in a storage unit or storage building, but you're -- but you'd need more with a conditional -- rather, with the retail. CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: So are you saying reduce what you would need for retail in order to incentivize to do that? MR. FRANTZ: And I think the LDC amendment process, we would kind of flesh out exactly what that reduction would be. But the concept there is that you've got a mix of uses, and some of these uses might have parking demands that occur either at different times, December 10, 2019 Page 143 and so there might be an ability to share required parking. And so that's where the concept of a reduction comes from. COMMISSIONER FIALA: Okay. Then in that same vein, so say, for instance the storage unit wants to build a dress shop. You would probably need not so many parking spaces because it's just not going to be crowded, but it wants to build a restaurant, and you're going to need plenty more parking spaces, if it's a popular restaurant. So do you modify that when you put this amendment together? MR. FRANTZ: Yeah. I mean, I think we would need the time to go back and look at exactly how we would structure that reduction. But when we calculate our parking requirements, we look at each individual component of the use. And so, you know, we'll do that same kind of thing when we would look at a reduction. COMMISSIONER FIALA: Oh, okay, yeah. CHAIRMAN McDANIEL: And, Troy, I believe we have -- are you okay? COMMISSIONER FIALA: Yeah. CHAIRMAN McDANIEL: Okay. You were -- I didn't unlight you there. So, Troy, do we have some public speakers? MR. MILLER: I have one registered speaker, Mr. Chair. Jean Kungle. CHAIRMAN McDANIEL: Oh, there she is. MS. KUNGLE: Jean Kungle, resident, Collier County. I just was looking this over, and I just had a few things. I know that it's not done. But the 51 percent of the first floor to be used as any commercial neighborhood use. It's very vague because I might want to open up a cotton ball store that's not going to make it, and then I'll come back to you and say you either give me my conditional use to go back to storage, or I blight it and leave it vacant. So that's not good either. So what kind of a business? That would be very important to us. December 10, 2019 Page 144 They also -- could they argue that their office is part of the 51 percent or maybe their own -- let me take a breath here. Maybe their own retail store to sell their boxes, tape, or maybe the cousin's going to open up that store, so that gets rid of that part of I'm going to open it. So that's something, I think, that needs to be in there if they're going to do this. The reduction in parking and landscaping that you just brought up, that needs to be very spelled out. The investors are not going to want to build two-story anymore. They're going to want to go higher because of the 51 percent. Why not have this go throughout the whole county? Why is it just this one area? I think it should be throughout. There's a lot of it really up on Airport Road. That's real crazy. Also, I do think it should be part of the East Naples Community Development Plan, but that's taking a long time, so that's why we're here with this. We've waited 259 days to get the approval to bid on that plan. And just as a note, Davidson approval took 29 days. The best plan on this whole thing would be to eliminate the conditional use in C4 and just have storage in C5. That's my take on it. CHAIRMAN McDANIEL: Any other comments? (No response.) CHAIRMAN McDANIEL: I just -- just as a point of clarification, the conversion of the permitted use of C4 we're not disallowing any of the other already zoned PUDs and/or C5, which it is already a permitted use. We're just incentivizing the C4 within the corridor study area first. MR. FRANTZ: That's the concept that we're -- CHAIRMAN McDANIEL: Yes. And that proposition -- and it's on the criterion that 51 percent be utilized as something other than storage, retail or, I would assume, some sort of mixed use along those lines. And that 51 percent, is it relegated solely to the first floor? December 10, 2019 Page 145 MR. FRANTZ: I mean, that's the way we've crafted it in the executive summary, but we can come back with options for you all when we bring back an actual LDC amendment. CHAIRMAN McDANIEL: Sure. I like the incentivization idea. I really, really do. I prefer this methodology. I think it could be something for us to utilize as a pilot program within this study to see if it actually incentivizes mixed-use projects. And if it works with little to no negative impacts or unintended consequences -- Commissioner Solis, we're continually concerned with those -- maybe we can expand it to the balance of the community and have some dispersal of these facilities in other places as well. So I like the premise of this. I'm a little concerned about the reduction in parking because, as Commissioner Fiala said, the uses demand a certain amount of parking requisites, and until we actually go through that process -- and, obviously, landscape buffering, provide sight and sound barriers for protection of neighbors and traffic and the like, so -- but we can review those specifically as those LDC -- I assume this is the preempt to Land Development Code amendments that we'll actually effectuate; is that correct? MR. FRANTZ: Correct. And I would just say that the reduction in parking, you know, we're just looking at multiple options. CHAIRMAN McDANIEL: Sure. MR. FRANTZ: The biggest incentive between these two is really making it potentially a permitted use. That's the one that's going to save a lot of costs. CHAIRMAN McDANIEL: Well -- and, you know -- I can't remember the fellow's name that came and did the market study for us and the enormous amount of expense that's piled into parking facilities from an economic basis standpoint within our community. I mean, there has to be viability, connectivity. I mean, it has to work at December 10, 2019 Page 146 the same time, but there's a huge expense associated with parking facilities. So if that can be effectuated, that can be an incentive as well, so... I'll make a motion for approval as recommended for those -- for that item. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: It's been moved and seconded for approval. 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. FRANTZ: Thank you. Item #11G AWARD INVITATION TO BID NUMBER 19-7612, “96TH AVENUE NORTH PUBLIC UTILITIES RENEWAL" (PROJECT NUMBERS 60139 AND 70120), TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $5,357,500, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT – APPROVED   Item #11H   December 10, 2019 Page 147 A $535,211 PURCHASE ORDER TO STANTEC CONSULTING SERVICES, INC., UNDER CONTRACT NUMBER 14-6345 FOR CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES FOR THE PUBLIC UTILITY RENEWAL PROJECT FOR 96TH AVENUE NORTH, PROJECT NUMBERS 60139 AND 70120 – APPROVED MR. OCHS: Commissioners, the next two items are companion items. 11G is a recommendation to award a construction contract for the 96th Avenue North public utilities renewal project to Douglas Higgins, Incorporated, in the amount of $5,357,500; authorize the necessary budget amendments; and authorize the Chairman to sign the attached agreement. Item 11H, if you approve 11G, would be then to issue a purchase order and approve that purchase order to Stantec Consulting Services for construction, engineering, and inspection services related to the 96th Avenue North project. Again, Mr. Chmelik can take you through these. These are very similar to the other streets that we've been renovating both with water -- CHAIRMAN McDANIEL: We'd have already voted on it if you just went like that. CHAIRMAN McDANIEL: Got it. Commissioner Saunders. COMMISSIONER SAUNDERS: I'll make a motion to approve the staff recommendation on Items 11G and 11H. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: In that order? You've got to do one first, yes. It's been moved and seconded that we approve these items. And another amazing report, sir. December 10, 2019 Page 148 COMMISSIONER SOLIS: Yeah, batting a thousand. COMMISSIONER SAUNDERS: We're going to trick you one of these days. MR. CHMELIK: Thank you, Commissioners. I'm waiting. CHAIRMAN McDANIEL: It's been moved and seconded. 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. If the County Manager hadn't have been going on, we'd have been done with that one already. MR. OCHS: I was on a roll there. COMMISSIONER FIALA: It's his velvet tones that just talk us right into it. CHAIRMAN McDANIEL: It really is velvet tones. Velvet tones. Item #11I AWARD REQUEST FOR PROPOSAL NO. 19-7547, “SECURITY CONTROL SYSTEM REPLACEMENT FOR THE COLLIER COUNTY JAIL FACILITIES,” IN THE AMOUNT OF $1,632,790 FOR PROJECT #50183 TO STANLEY CONVERGENT SECURITY SOLUTIONS, INC., FOR UPGRADING THE SECURITY CONTROL SYSTEM AT THE NAPLES AND IMMOKALEE JAIL CENTERS – APPROVED December 10, 2019 Page 149 MR. OCHS: Item 11I is a recommendation to award a contract for security control system replacement for the Collier County Jail facilities in the amount of $1,632,790 to Stanley Convergent Security Solutions for upgrading the security control system at both the Naples and Immokalee Jail centers. COMMISSIONER SAUNDERS: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve, per the staff's recommendations, the security enhancements with our jail system. 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: I see Chief Roberts back there. Thank you, sir. CHAIRMAN McDANIEL: Chief, now you can go back to work, sir. CHIEF ROBERTS: Thank you. CHAIRMAN McDANIEL: No, thank you, sir. He's doing an amazing job. COMMISSIONER FIALA: Look at all the guns leaving the room. CHAIRMAN McDANIEL: We've still got the main guns in the back. Mark's there. We're safe. December 10, 2019 Page 150 Item #11J AWARD AGREEMENT NO. 19-7601, “SOUTH COUNTY WATER RECLAMATION FACILITY [FILTER] SET 3-4 REHABILITATION" (PROJECT NUMBER 70148), TO INTERCOUNTY ENGINEERING, INC., IN THE AMOUNT OF $1,893,990, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT – APPROVED MR. OCHS: Item 11J is a recommendation to award an agreement for the purchase of south county water reclamation facility rehabilitation to Intercounty Engineering in the amount of $1,893,990; authorize the Chairman to execute the agreement. COMMISSIONER TAYLOR: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER SAUNDERS: I was going to ask for a full explanation. You beat me to it. COMMISSIONER TAYLOR: No, you weren't. COMMISSIONER SAUNDERS: Yes, I was. CHAIRMAN McDANIEL: It's been moved and seconded 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: So moved. December 10, 2019 Page 151 MR. OCHS: Thank you, sir. MR. CHMELIK: Thank you, again. Item #11M AUTHORIZING PAYMENT OF THE ANNUAL ASSESSMENT FEE FOR COLLIER COUNTY’S MEMBERSHIP IN THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC), IN THE AMOUNT OF $110,204 FOR FY20 – MOTION TO NOT REMIT PAYMENT AND SEND NOTICE – APPROVED MR. OCHS: Item 11 (sic) was previously 16A29 on your agenda. This was moved to the regular agenda at Commissioner Taylor's request. It's a recommendation to authorize payment of the annual assessment fee for Collier County's membership in the Southwest Florida Regional Planning Council in the amount of 110 dollars -- excuse me -- $110,204 for Fiscal Year '20. COMMISSIONER TAYLOR: So I brought this before us because we can or we don't have to. But I can tell you that Lee County is not paying. Who else isn't paying? CHAIRMAN McDANIEL: Charlotte County, Sarasota? MR. OCHS: Charlotte, Sarasota -- CHAIRMAN McDANIEL: The three big communities. Three of the four big counties are no longer contributing. COMMISSIONER TAYLOR: And our chairman is diligent in attending meetings. And he approached it with this can-do attitude. How can we make this RPC relevant? And they dodged it. They dodged it. They tossed the ball back and forth. It was amazing. CHAIRMAN McDANIEL: I was going to pull it. You did it in advance, but I was going to pull it. December 10, 2019 Page 152 COMMISSIONER TAYLOR: And the last -- you know, and you keep -- and then you'll go back and you'll say, okay, but what about -- what about the discussions about what we're going to do? And they dodged it again. CHAIRMAN McDANIEL: You know, when Brian Hammond came in the spring, Brian Hammond, the county commissioner from Lee County was reappointed by his board, that's when I hit the wall. Brian sat there across the room from me in the meeting -- and we have actually a relevancy discussion on the agenda now. And Brian sat there through the relevancy discussion and said, you know, I just got reelected. I was on this committee, on this RPC five years ago, we were arguing about the relevancy of the organization then, and here I am back reappointed, and you're still talking about relevancy. And I'm not sure -- I think he stayed for the balance of the meeting, but he's not ever been back. It's not worth his time. COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: And so I would like -- you know, again I would like -- I think -- and I'm not positive about the legalities of it. If we can just not pay, yeah, I'm okay with that. But I think we have to serve -- the other communities have served the RPC a 12-month notice of their notice of nonpayment. You have to give them a 12-month notice in advance to do that. And if that's the case, that's what we need to do now. COMMISSIONER TAYLOR: Whatever it is, we're terminating or heading towards termination. CHAIRMAN McDANIEL: By statute -- by statute we have to be -- the county has to be a member of an RPC. COMMISSIONER TAYLOR: Correct, but we don't have to pay them. December 10, 2019 Page 153 CHAIRMAN McDANIEL: But then there's a legal question as to whether or not we have to pay or not. And so our withdrawal of that payment should instigate relevancy in a relatively quick matter. So I'm -- whatever we need to do. I mean, if the County Attorney says we don't have to pay, then I'm okay with that, too. But I just remember Sarasota giving a 12-month notice; we're done. And then they -- I think Sarasota pulled out of the Southwest Florida RPC and went with Tampa. And then when they with -- well, it's a little metropolitan, more relative to their world. COMMISSIONER SOLIS: Relevant. CHAIRMAN McDANIEL: And then when they sent their 12-month notice to not pay, Lee County went, uh, so then they sent their 12-month notice, and then Charlotte did the same thing, and we've been holding on. And I've been arguing for it, in all sincerity simply because of the ownership of the Promise Zone initiative. But now we actually have found that there are other agencies, i.e., Collier County, can, in fact, administer that Promise Zone initiative and still effectuate the goods that can come from that, so... COMMISSIONER TAYLOR: And that time frame is dwindling anyways. It's 10 years. CHAIRMAN McDANIEL: And three years gone, so we still have seven. We still have seven years left with the Promise Zone. COMMISSIONER TAYLOR: I thought it was more than that. CHAIRMAN McDANIEL: No, ma'am. Right when I got elected is when that adoption came in place, which is '17, '16/'17, somewhere in there. Could be six years, but plus or minus. There's still time for the Hendry, Glades, and Immokalee area to benefit from that Promise Zone, so... The recommendation with regard to this was to send our notice and/or to not pay. Have you investigated at all the terms of elimination or the -- December 10, 2019 Page 154 MR. KLATZKOW: If you don't want to pay, don't pay. I mean, what's the worst that could happen? That somebody, like, makes us pay, so you'd have to pay anyway. So if you don't want to pay, don't pay. I mean, this is -- this is based on an interlocal that's many, many years old. CHAIRMAN McDANIEL: And, arguably, out of date and antiquated. MR. KLATZKOW: It's out of date. It's antiquated. I mean, you're statutorily required to be a member, but you're not statutorily required to pay anything. They can certainly run their organization on grants and other funding sources. CHAIRMAN McDANIEL: Well -- and that's probably what they've been doing to make up the deficits. But based upon the revenue streams that they had, the organization is going to be done here. MR. KLATZKOW: But it's the member of the counties -- it's the member counties that set the budget. CHAIRMAN McDANIEL: Correct. COMMISSIONER TAYLOR: Oh, well, in this case -- MR. KLATZKOW: They're just not showing up. COMMISSIONER TAYLOR: Let's just put it this way: It's a very difficult thing to go back and correct years of practice and, frankly, the RPC sets the budget there. CHAIRMAN McDANIEL: The RPC -- it's similarly -- MR. KLATZKOW: But it's no different than this body here. You set the budget. Leo may come to you with a proposed budget, but Leo doesn't set budget. The RPC is the same way. Just because they're running -- CHAIRMAN McDANIEL: The executive director, even here the executive director, our director of finance, they set -- they propose the budget, and it's ratified by that particular board, in December 10, 2019 Page 155 theory. That's the same way that's going on up there. It's -- again, it's -- COMMISSIONER TAYLOR: It's just -- MR. KLATZKOW: If you find no value, don't pay. COMMISSIONER TAYLOR: I've -- just so everyone's clear, we're both members there. I oftentimes will listen by phone and participate by phone. Commissioner McDaniel shows up. And so I've been listening from afar. His anxiety, I could see the perspiration pouring down his face, and I thought he was going to leave at one point. And they -- and there is a deliberate, may I say that in a very gentle fashion, but it is a conscious -- conscious action not to address relevancy or to create this committee. It's more we have to take care of the budget and we have salaries to pay and that kind of thing. That's it. CHAIRMAN McDANIEL: Absolutely. And they're all hinging -- and with due respect. I don't mean to interrupt. They're all hinging on the old days of the RPC having some teeth. COMMISSIONER SOLIS: Right. COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: When the DCA was exist, the RPC was an approval process for projects to come through. And we -- at the latest meeting that I was at, they sat there and talked about how it used to be. COMMISSIONER SOLIS: Used to be. CHAIRMAN McDANIEL: And I was like, it's not anymore. They are relegated -- have been relegated to an informational meeting, and we have -- I have some very interesting proposals to come forward at our next meeting in January. So you can listen in if we're still on that committee. COMMISSIONER SOLIS: The only question I had was, what regional planning function do they provide anymore? December 10, 2019 Page 156 COMMISSIONER TAYLOR: It's a planning council looking for that. COMMISSIONER SOLIS: Right. But, I mean, that coming down from -- I mean, it's been made irrelevant in a way. CHAIRMAN McDANIEL: No -- COMMISSIONER TAYLOR: Yes. COMMISSIONER SOLIS: -- statutory changes. CHAIRMAN McDANIEL: They were -- they were relegated to an informational process. They weren't even doing that. And so -- I mean, when I first started showing up, they weren't even disseminating information. It was coming from other jurisdictions to our staff. Our planning staff weren't even being -- they were expecting the elected officials that went to those meetings to actually bring that information back. So, of course, we shifted that all around as well. So I actually met -- just so you know, I actually met with the -- at our M-CORPS meeting yesterday, the director -- the deputy director of the Central Florida RPC, and from what I've been told, that is an extremely vibrant organization with a bunch of poor counties. So I met with her, gave her my contact information, and I'm going to go visit them and speak with some of their members just to see how they're doing, what they're doing, and see if we can't help reorganize our own RPC, so... But you brought the item forward. So I'll let -- you can make the motion to -- COMMISSIONER TAYLOR: I'd like to make a motion that we don't forward them their annual remittance and that, of course, we follow the statute accordingly, according to what the statute says. Either we give them a 12-month notice or we're done. And I guess -- you know, and that's what I'd like to do. December 10, 2019 Page 157 CHAIRMAN McDANIEL: There was some discussion -- and he's not afraid of litigation. But there was some discussion -- she had actually -- our executive director had actually gone and gotten a legal -- an AG's opinion as to whether or not the payment was requisite because of the statutory requirement to be a member, and I remember Carson Turner -- COMMISSIONER SOLIS: You wish she hadn't done that, right? CHAIRMAN McDANIEL: No, no, no. Actually -- well, the argument -- and, again, you know, the AG's opinion's just one lawyer's opinion, and there are many lawyers and opinions. But Carson Turner was on the speaker, and -- you know, he's a county commissioner from LaBelle. And when she brought up the fact of litigation for -- to instigate payment, his comment that he said was, you've just taken the fun out of dysfunctionality by having to sue the members to pay for relevancy with regard to an organization, so -- and I -- that's a quote that needs to go somewhere on my -- COMMISSIONER FIALA: What else could you say? CHAIRMAN McDANIEL: You can't. I second -- COMMISSIONER FIALA: He's always really great, too. CHAIRMAN McDANIEL: He still is. COMMISSIONER FIALA: Oh, is he? CHAIRMAN McDANIEL: Yes, he still is. I second Commissioner Taylor's motion to either stop payment and/or send notice, whichever the requisite is. COMMISSIONER SOLIS: Do we need -- MR. KLATZKOW: I'd do both, stop payment and just send notice, you know, we're no longer going to pay. COMMISSIONER SOLIS: No longer going to pay. MR. KLATZKOW: Do it that way. December 10, 2019 Page 158 CHAIRMAN McDANIEL: If he can do that. Again, the other communities sent the 12-month notice. I'm very certain of that. MR. KLATZKOW: If you want to be the only one funding it for a year, it's okay by me. CHAIRMAN McDANIEL: We are the only one funding it. Their notice -- Sarasota came in my first year. Then Lee, and Charlotte jump on. (Simultaneous crosstalk.) COMMISSIONER SAUNDERS: -- sue us. COMMISSIONER TAYLOR: I know, who's going to sue? MR. KLATZKOW: The worst-case scenario is you write the check -- you just write the check a couple weeks from now. That's the worst-case scenario. COMMISSIONER SOLIS: Do over. Yeah. I would support not paying. CHAIRMAN McDANIEL: So the motion is to not pay at all and then go forward. COMMISSIONER TAYLOR: All right. 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 TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. December 10, 2019 Page 159 Item #11N APPROVAL OF THE GOALS AND OBJECTIVES AND EVALUATION CRITERIA PROPOSED TO DEVELOP AN INVITATION TO NEGOTIATE (ITN) SEEKING A PUBLIC- PRIVATE PARTNERSHIP (P3) TO PROVIDE AN AFFORDABLE HOUSING AND LAND DEVELOPMENT COMPONENT ON THE GOLDEN GATE GOLF COURSE PROPERTY - MOTION TO MOVE FORWARD – APPROVED MR. OCHS: Item 11N was previously Item 16F10 on the consent agenda moved forward at Commissioner Fiala's request. This is a recommendation to approve the goals and objectives and evaluation criteria proposed to develop an invitation to negotiate seeking a public/private partnership to provide an affordable housing land development component on the Golden Gate Golf Course property. Commissioners, this was a previous directive from the Board to the staff to direct this ITN and put it on the street, so that's what, essentially, we've done, and we're just asking you to review and approve the evaluation criteria goals. COMMISSIONER FIALA: Let me just explain. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: When we had first started this, we were talking about a golf course. And then when we voted on it, to buy the golf course, the comments were, well, I wasn't thinking of it really remaining a golf course. Well, what were you thinking? Well, nobody really knew. And then there were -- but we bought it. And then the comments were, well, I was thinking of other things, and then we talked about restaurants. We talked about an December 10, 2019 Page 160 entertainment center, all types of things. We talked about so many things, and then all of a sudden this comes out that we're going to have 200 to 400 low-income units starting at 30 percent of the median income, and I'm thinking, wait a minute. We've never even told the people in the community that. They don't even know what we're doing. And this, of course, came out Friday after everything was out and before the newspapers could even write about it for the weekend. And I thought, that's just not fair to the community. I think we ought to tell the community what you're planning on doing then, and -- because we haven't -- we've conveniently not included them, and they're going to be the ones that have to live with it, and that's not fair. That's why I pulled it. COMMISSIONER TAYLOR: Two or three years ago the Community Foundation came to talk to me and say -- and also -- and eventually staff and said, you know, we'd like to build essential service housing. And we said at the time -- or I said at the time, that's wonderful. Please keep us in your sights. And then Moorings Park came in to the Community Foundation and said, if you're going to build essential service housing, we would like to build housing for seniors. And then the opportunity of the Golden Gate Golf Course came up. And in his -- and the wisdom at the time -- I questioned that you did this, but understanding your background and the state, we put a VA nursing home on the wish list for the taxes and, lo and behold, it was passed, and now we have an opportunity for a VA nursing home with funding, and the Golden Gate Golf Course was something that we purchased with this idea that we would put all of those entities. We have the land. It's centrally located. We would incorporate golf. We'd create a campus. That's all been very much part of it. And then, of course -- and I'll turn this over to my colleague to the December 10, 2019 Page 161 left whose district this is, but I'm just giving you some of the background that I know. COMMISSIONER SAUNDERS: Okay. Thank you. Well, a couple things. First of all, this never started off as a purchase to maintain this as a golf course. That's incorrect. There were always -- there's always been four of us on this board that said we don't want a county-run golf course. When we did the acquisition, it was actually a 4-1 vote to buy the property, because you did vote against the acquisition because you knew at the time that we were not talking about a golf course. COMMISSIONER FIALA: You're right about that. COMMISSIONER SAUNDERS: In terms of low-income units, what we're talking about, this is not low-income units. That has a real negative connotation to it. COMMISSIONER FIALA: What is the 30 percent? COMMISSIONER SAUNDERS: Let me finish with my comments. What we're talking about is a -- up to a $10 million contribution to the Community Foundation to subsidize deed-restricted housing, housing that will be available only for firefighters, police officers, schoolteachers, nurses. There may be some other professional category in there, but deed restricted -- let me finish. COMMISSIONER FIALA: No, no. I just want to say, don't just tell me. Tell the audience, because that's why I pulled it. COMMISSIONER SAUNDERS: Okay. But you don't need to interrupt me to tell me to talk to the audience. I need to talk to this board, and the audience can hear me. We have -- it would be deed-restricted housing for firefighters, police officers, schoolteachers, nurses, and perhaps some other category. They would also be deed restricted to provide some housing for some seniors and for some veterans. December 10, 2019 Page 162 Now, the next area that was -- that was incorrect is that the people in the community haven't been advised. I've gone to numerous meetings out there, and at these meetings I always talk about having a family entertainment center, having a 12-hole golf course, having a veteran’s nursing home, and having a workforce housing component with that. I will tell you that the people that I talk to in Golden Gate City have had no problem with having some housing that is deed restricted for essential services personnel. I don't want to put low-income housing out there. I do want to put workforce housing that's deed restricted. And if we don't move forward with this ITN, we have the potential of losing that $10 million offer to subsidize that housing. FGCU has approached the donor and said, hey, put this housing near FGCU. COMMISSIONER TAYLOR: In Lee County. COMMISSIONER SAUNDERS: And so I asked this to be placed on the agenda to send a message to the donor that this board is very serious about moving forward with this and that we have a location. But I have been very up front with everyone that I talk to in Golden Gate City about these other types of amenities that would go on this golf course property. Now, at the end of the next 60 or 90 days, we're going to have a couple options to look at. I think by the time we finish, we're going to have a plan out there that will be very well accepted. I think it will be something that that whole community can be proud of. And so I'd like for this to go forward. Doesn't commit us to anything, but it says to the donor, who are serious about having deed-restricted workforce housing. We have the property to do that. It will be good for that community. It will be good for the county. December 10, 2019 Page 163 So that's the purpose. I just wanted to correct a couple things in terms of information to the community and how this all got started, because it never was planned to be an 18-hole golf course. COMMISSIONER TAYLOR: And I'd like to add that it was specific and exact. Right from that first meeting I had with the Community Foundation, this is for essential services, period. The percentage is -- determines the occupation that will be eligible for it. They made no bones. This is not low income. This is essential service. COMMISSIONER FIALA: Okay. Let me be very clear. You don't have to defend it. I just wanted to make sure everybody knew what you were doing, because I don't think anybody knew. When I asked friends in Golden Gate, they didn't seem to know at all. They thought it was -- they didn't realize it was changed that much. They thought it was still an entertainment center, because that's what they were hearing us talk about. You know, and so I'm just saying, I don't care what it's going to be, and I'll help you vote. You know, I'll vote whatever you want. I just wanted it to be on the record so people don't think we're sneaking around the backdoor, okay? COMMISSIONER SAUNDERS: And I understand that, and I appreciate that. Actually, I'm glad that you brought this up so we could have this public comment. But even as recently as last night, I was with the Golden Gate Civic Association talking about the 12-hole golf course and what we're trying to do out there with the family entertainment system and the restaurant and all of those things. I have told the people that I've spoken to out there, it's not my goal to cram anything down anybody's throat in Golden Gate City. We're going to come up with some options. I think they're going to be excellent options, and I'm going to present them to the community. December 10, 2019 Page 164 As a matter of fact, I'd asked Dave Lykins to set up a community meeting at the Pars for sometime in early February, because by that time we'll have some meat on the bones here in terms of these different things. And if the community somehow decides they don't want it, then we don't do it. But you've got to understand also, there's 26,000 people in Golden Gate City. I think it's zoned for about 22 -- or 23,000. But if you count garages, it's probably 26- or 27,000 people. And, you know, gauging community support for something is impossible. What you do gauge is some -- position of some of the people that are active, but that's a tiny number of people. As a matter fact, I had a funny conversation with Nick Casalanguida. He said that when the issue of this Topgolf type of facility was presented to the Planning Commission, you know, everybody went berserko, and Nick said that his phone lit up. And I said, well, how many calls did you get? And I think you said three. MR. CASALANGUIDA: Three, four. COMMISSIONER SAUNDERS: And so, you know, you do get public input, but it is a tiny, tiny fraction. So I'm trying to get the word out as best I can. We advertised -- there was a little bit of criticism that we don't have our committee set up for this economic development zone that we created. And somebody last night said, why don't you have that set up? And I said, we have advertised. No one has applied except for Kaydee Tuff and, you know, one other person. CHAIRMAN McDANIEL: But we only need two. Kaydee, we're good. COMMISSIONER SOLIS: So you know -- get Bill Russell to do it. December 10, 2019 Page 165 COMMISSIONER SAUNDERS: I'm trying to get the word out. Nothing is trying to be snuck by anybody. So I'm glad you brought it up, and I'm glad we had this conversation. I'll make a motion that we move forward with this. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: And I want to -- as a matter of comment, I want to say, I've -- the deed-restrictive aspect of this I'm a huge proponent of. I'm done with lining private-sector pockets with theoretical affordable housing. And this is a deed-restricted covenant that will maintain -- it stay with the government. And, again, I've said it before, the need that is existent today for our support services and emergency folks and so on is different than it was 10 years ago, and I'm sure it will be different 10 years from now. And the government, which scares me a little bit, will have the flexibility of making those adjustments to support that need. So with that, 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 TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER TAYLOR: It's unanimous. Eileen, it's unanimous. Item #11O December 10, 2019 Page 166 RESOLUTION 2019-249: PROHIBITING THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH MOVEMENTS ON MASSEY STREET, TREE FARM ROAD, AND WOODCREST DRIVE – MOTION TO APPROVE STAFF’S RECOMMENDATIONS, INSTALL SIGNS AND MONITOR THE TRAFFIC – ADOPTED MR. OCHS: Item 11O was previously 16A5, and this is a recommendation to approve a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load carrying capacity in excess of one ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive, and the Chairman has asked this to be brought forward to the regular agenda. CHAIRMAN McDANIEL: Yes. How you doing, Mr. Jay? MR. AHMAD: Good afternoon, Mr. Chairman, Commissioners. Jay Ahmad for the record. I'll be happy to answer your questions, and I also have a presentation if you wish. CHAIRMAN McDANIEL: You know, I would -- without it belaboring, I'd like a brief presentation so I hear from staff's perspective as to what's, in fact, transpired. I know what's, in fact, transpired, and the propositions may or may not be there, and I know we have some folks from the public here that want to speak as well. COMMISSIONER TAYLOR: Terri hasn't had a break. CHAIRMAN McDANIEL: Oh, you know what -- why didn't you tell me that 15 minutes ago? We're going to take a 10-minute -- is that enough, Terri? THE COURT REPORTER: (Nods head.) COMMISSIONER TAYLOR: Ten-minute court reporter's break. We'll be back at 2:54. (A brief recess was had from 2:44 p.m. to 2:57 p.m.) December 10, 2019 Page 167 MR. OCHS: You have a live mic, sir. CHAIRMAN McDANIEL: There we go. How do you do, Mr. Jay? Are you ready now? MR. AHMAD: Doing great. Thank you, sir. CHAIRMAN McDANIEL: Okay, great. MR. AHMAD: I'm Jay Ahmad and, as requested, I'll do a very brief presentation. CHAIRMAN McDANIEL: Yes. MR. AHMAD: This item is prohibiting trucks on Massey Street, Woodcrest, and Tree Farm. Just a bit of background. The reason we're here is because many of your constituents, Commissioner McDaniel, came to us, and they were complaining about trucks on Massey Street, particularly. This board has the authority, of course, to restrict traffic on any roadway if it deems it unsafe or it -- it's within your jurisdictions. The area in question, just to give you a little background, Immokalee Road on the north side, Collier's here, Vanderbilt Beach Road here, and of course, we have Vanderbilt Beach Road extension that will take Vanderbilt another seven miles. And here's Woodcrest, and this is Massey. Tree Farm is here. This is a new roundabout. I call it Nick's project. The L-shaped roadway that is intended to have interconnection between Immokalee Road and Collier and, essentially, also down to Vanderbilt Beach Road. The L shape or the reverse L was built mostly with developer's agreements and also with construction from the county and from developers. Massey Street, an existing roadway, that now has a connection to this roundabout, became a connection down to Vanderbilt Beach Road. And the issue, as I mentioned, folks now finding out that this is a shortcut that takes them to Vanderbilt Beach Road and avoid this intersection, which is very busy. Essentially, December 10, 2019 Page 168 that was really the intent of the L-shape project that Nick was championing for years. The result of roadway safety review, we've done -- as a result of these complaints that we've gotten, we've done a traffic study. We put counters. We studied this area, and we did find quite a bit of truck traffic on this roadway bypassing the intersection. So we are coming down here with a recommendation to restrict trucks to one ton on those roadways. And separate from this item, as the Board approved today under consent item, they approved inclusion of Massey Street, part of Vanderbilt Beach Road as a Change Order No. 3. It was actually envisioned in our request for proposal for Vanderbilt Beach Road extension to have Massey Street connecting, and maybe as a change order in the future when we envision that, to have it included in Vanderbilt Beach Road extension. So we did, and the Board approved it today. CHAIRMAN McDANIEL: If you would just repeat that again -- there was a lot going on up here -- with regard to the change order for that. MR. AHMAD: Yes, absolutely. The Board this morning, under Consent Item 16A4, approved an item called Change Order No. 3 to Vanderbilt Beach Road extension. In that change order was Massey Street inclusion for that section between Tree Farm to Vanderbilt Beach Road. So, essentially, Massey Street now is part of Vanderbilt Beach Road extension and the schedule for Vanderbilt Beach Road extension, which is -- we hope to be in construction later in 2021. CHAIRMAN McDANIEL: Okay. Gotcha, okay. COMMISSIONER TAYLOR: Can I ask a question? CHAIRMAN McDANIEL: Absolutely. COMMISSIONER TAYLOR: What kind of trucks? CHAIRMAN McDANIEL: Dump trucks. December 10, 2019 Page 169 MR. AHMAD: All kinds of trucks, ma'am. COMMISSIONER TAYLOR: So like an F-150? Is that one ton? CHAIRMAN McDANIEL: No, no, no. MR. CASALANGUIDA: Dump trucks. MR. AHMAD: This actually gives you -- this presentation here gives you -- on each section we counted what kind of trucks and the percentage of trucks we found. CHAIRMAN McDANIEL: It's commercial motor vehicular traffic. COMMISSIONER TAYLOR: Okay. Got it. CHAIRMAN McDANIEL: Limiting it to one ton or less; my F-350 can still go through legally. The dump trucks -- I mean, I -- we'll get to that in a moment, yes. MR. AHMAD: Correct. Not only your F-150. Emergency vehicles, county vehicles, garbage trucks, delivery vehicles. It's only through traffic on these roadways. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: And -- so with that, we have public speakers. A very patient one. MR. MILLER: Yes, Mr. Chair. One public speaker remaining. Michelle Balon. CHAIRMAN McDANIEL: Michelle's very patient with us today. She's not usually very patient with me. MS. BALON: Now I know it's Nick's fault that this is happening. I got my eye on you. MR. CASALANGUIDA: Yes, ma'am. I'm hiding. MS. BALON: Show me those muscles. MR. CASALANGUIDA: I'm cringing. December 10, 2019 Page 170 MS. BALON: My name is Michelle Balon. I have been a resident of Collier County since 1994 and an active volunteer for the past 25 years. A lot has changed since 1994. Back when I came, there was no Publix at the Vineyards. There was -- and I remember Burt Saunders had a lot darker head of hair. I used to work in the Castle on Goodlette with Garrett Richter and Gary Tice as their marketing director back in 1996. So it's been a long time. CHAIRMAN McDANIEL: I took my kids there. MS. BALON: Since then, my husband have (sic) raised two children here in Naples. They've gone through the whole school system, and they're currently at Florida Gulf Coast University. And I've been a resident -- sorry, I haven't spoken in a while. It's a little nerve wracking. I've been a resident of Mockingbird since 2015 in District 5, obviously. The reason we moved to Mockingbird after -- we were in Pebblebrooke for 13 years, and there's a lot of road traffic and stuff over there. We moved to Mockingbird because it's away from Collier Boulevard, is on a private road with -- private road with no road noise, and surrounded by golf courses. It's a really special community, and I've served on the board there for almost two years. We even have two beautiful bald eagles, if you wouldn't mind sharing that. I don't know -- I'm sure they're named. They've been there for a long time that have been nesting in the area since before I moved there, and they currently have an active nest. I know they've had fledglings for the last few years because I've called Florida Fish and Wildlife just to make sure they're keeping tabs on them. And it just happens to be right next to Woodcrest that the county opened early last year. Calusa Pines, who owns the property -- and they don't have it up there anymore, but there's a large parcel that Calusa Pines owns December 10, 2019 Page 171 where the nest is located -- was required to put a protective fence around that area a few years back, and current regulations required proposed projects to be a minimum of 660 feet away from the nest without approval. So here we are today. When you hear the saying, you can't stop progress, believe it. I watched the tractor tear up all the natural areas surrounding the nest two to three years ago, and it was a sad sight, and now we have a very active roadway with dump trucks traveling all day next to their nest. I have a couple photos of that. And this is just a small sampling. But this is actually Immokalee Road -- yeah, that's perfect. So as you can see, that's Immokalee Road, and that's the left-turn lane right at The Quarry entrance, and at that moment there were three dump trucks pulling out there. They have no regard whatsoever for people who are driving small vehicles on the roadway. Massey Street has always been a private road. It was a travel road before -- oh, I've got a couple more pictures if you just want to share them. It was a gravel road before DR Horton paved it about five to six years ago to provide access to Mockingbird Crossing. As we -- and we as homeowners were told by DR Horton that once construction of our community was completed, we would not be able to use Massey Street any longer and would have to take a right turn out of Mockingbird and travel down Tree Farm to Collier Boulevard. I don't know if you recall any of these agreements with DR Horton. This was because Massey is a private road, DR Horton's access was limited to the duration of construction. It was even put in our contracts. For those of you who haven't been on Massey, it's a very narrow street just south of Tree Farm with no curbs, very rough street edges, no sidewalks, and no streetlights. December 10, 2019 Page 172 And we, as residents of Mockingbird, have dealt with rough road edges and potholes until Tree Farm Road and Woodcrest Drive opened. Now there are so many dump trucks and vehicles using Woodcrest and Massey as a cut-through for Immokalee to Vanderbilt park that it's really getting unbearable. And as soon as a light goes in at The Quarry, I can't even imagine what the traffic's going to be on those small roadways. The road's barely wide enough to accommodate two cars in many areas of Massey, but the dump trucks make it dangerous. People speed down Massey Street 45, 50 miles an hour without second guessing it, and many cars come close to getting run off the roadway. I know several residents that have had tire damage and stuff from going off of the curbs, not to mention we have people who walk and bike on Massey Street and school buses who pick up students from K through 12. There are driveways and mailboxes all along Massey that have already seen the negative effect of the increased traffic and, like I had mentioned, once the light goes in at The Quarry, it will get worse. I and other people in my community and other areas have been expressing our concerns to Chairman McDaniel and county staff for some time. I respectfully request that the county prohibit dump trucks and other large construction vehicles from using Massey and install -- if you wouldn't mind -- "private road, no through traffic" signs on Massey, and also it would help if there were speed limits that were being forced. CHAIRMAN McDANIEL: Thank you, Michelle. MS. BALON: The county doesn't plan on taking this roadway over anytime in the near future, so something's got to be done to control the traffic on Massey Street. I understand the L, but that's not what people are doing. CHAIRMAN McDANIEL: Got it. December 10, 2019 Page 173 MS. BALON: Thank you. CHAIRMAN McDANIEL: Thank you very much. I appreciate your patience in waiting today. She came here this morning and signed up to speak on the consent, and then we moved her to this time slot. COMMISSIONER FIALA: Oh. CHAIRMAN McDANIEL: I just would like to say a couple of things. I mean, I live on a private road, and I'd be -- did you do that on purpose? He shut my mic off. I was in the process -- it was a profound statement that was going to come out of me. COMMISSIONER TAYLOR: And you forgot. CHAIRMAN McDANIEL: And it's left me. No. I live on a private road. Massey Street is a private road. Collier County opened up private road Massey Street when the roundabout at Mockingbird and Treeline (sic) went in. And we don't have provisions in place. Now, we did adopt today the change order to allow for Massey's improvements to come in along with the Vanderbilt Beach construction that's coming forward, but that's not going to be done for at least three, maybe four years. MR. AHMAD: 2021. CHAIRMAN McDANIEL: Well, the start. MR. AHMAD: Start construction. CHAIRMAN McDANIEL: Right. And so -- I'm not being -- I'm not being aggressive by any stretch. What I'm going to do today and what I'm going to ask for an approval for this resolution to install these signs and immediate enforcement. I literally, knowing this agenda item was coming up, passed five dump trucks coming and going on Treeline and Massey today. Massey is an unlined, unsidewalked, little two-lane -- barely two-lane road. Two vehicles can barely pass safely on it. December 10, 2019 Page 174 If the circumstances don't improve, I want to install a gate south of Mockingbird to block off Massey for and until the improvements to that road are, in fact, done. (Applause.) MS. BALON: Sorry. I'm alone. CHAIRMAN McDANIEL: I wanted to do that. Staff -- this is an incremental process. Staff -- we have the right to take over a private road, but we don't have the right to endanger people knowingly. And we -- it is happening. It's happening right now. Folks have found this cut-through with the developments that are going in on 951. There's landscape businesses that are over there. That's a rural fringe mixed-use district. A lot of that stuff off of Massey, those -- "stuff." Those lands are agriculturally zoned. There are businesses over -- this morning when I came through, four dump trucks and a loaded one-ton pulling a fifth wheel loaded with grass, mulch. Heavy-duty truck coming out of one of the side streets onto Massey. And if that gate were put in at the south of Mockingbird, it would still allow for the folks in Mockingbird to utilize the roundabout north and south, but we would protect the private road south on Massey itself, specifically, and those residents for and until we -- because I know we have an agreement. I've received compliments from Vanderbilt Country Club with the right-of-way acquisition, and we've mitigated the theoretical -- or theoretical. The potential negative impacts for the residents of Vanderbilt Country Club, but -- and I'm okay for the minute as long as we have strict enforcement, like, soon, as soon as those signs go up. How long will it take? MR. AHMAD: We are planning -- even before this condition that you're adding, to have these signs before the 13th of this month, which is next Friday. December 10, 2019 Page 175 CHAIRMAN McDANIEL: Okay. So the signs are going to go up. MR. AHMAD: That's the plan. We're going to do -- CHAIRMAN McDANIEL: And then we'll jump on the enforcement, and then -- and I'm going to watch. I just wanted -- I want to be very, very clear, because, again, I come through here, and I go through on a regular basis, but I'm going to request -- I have already requested a temporary gate, and this is what Jay came back to me. Well, sir, let's try this first. And I think that will start the process. The "no through traffic," it's not going to work. Truth, Michelle. I mean, we can't prohibit pedestrian traffic, which is not commercial motor vehicular vehicles from traveling on our roads. Even on a private road. But the fact that the county opened that up, a private road, and now it's being utilized by the general public without necessary improvements is appalling to me. MR. AHMAD: Thank you for the phase steps. I agree that there is a problem with trucks today. And just to let you know, we follow these trucks, the origins of them where they originated. They come from a quarry near Ave Maria, and they go to Gray Hawk. They're under construction with houses. So most -- and we let the folks in Gray Hawk know, and hopefully they -- the folks now on these street see the difference. The majority of those trucks disappeared. They went to Collier. But there still is a problem. CHAIRMAN McDANIEL: They're going to come and go, Jay. And the reality is is the dump trucks are going to follow the path of least resistance. We all know that I used to operate quarries and dealt with dump trucks and the disposition on a regular basis. And they have a right to be on our roads. You can drive your dump truck to the grocery store and get your groceries if you want to. So there's -- you know, the management of them is a trick in and of itself. December 10, 2019 Page 176 But the reality of this entire process is Massey was a dead-end private road that got accessed when Mockingbird got put in and -- with the roundabout. And then, in turn, it allowed for public access. Those dump trucks could drive on Massey before, but it was off of Vanderbilt to wherever they were going and back out on Massey, but now it's a cut-through, so... And as Michelle stated, we're not going to wait for that light. I mean, if you just look at those traffic counts -- and we certainly don't have the traffic counts from Massey when it was a one-way private street before they opened up Mockingbird. But I'll bet you those traffic counts were a tenth of the 1,200 virtually -- just local traffic. The folks that lived up there were the ones that were using it. So we're going to incrementally watch this and see if things improve and, if not, I've already talked to facilities and figured out a way for a temporary gate to go in. I know -- COMMISSIONER FIALA: How long is that street? CHAIRMAN McDANIEL: About a mile. Isn't it about a mile? MS. BALON: Yes. MR. AHMAD: It's a mile to Tree Farm and another mile to Immokalee. So a total of about two miles of a distance. CHAIRMAN McDANIEL: I know, but I'll put barricades up or something. MR. AHMAD: Massey is a mile. CHAIRMAN McDANIEL: Massey Street's about a mile. COMMISSIONER FIALA: There are people that would love to block their street off, too, that are inundated with huge amounts of truck traffic. COMMISSIONER TAYLOR: Donna. Donna Street. CHAIRMAN McDANIEL: Right. Yes. But those are public roads. This was a private road that the public accessed and didn't December 10, 2019 Page 177 compensate -- provide for necessary improvements or anything along those lines. Again, Lakewood Boulevard is a public road. COMMISSIONER FIALA: No, not Lakewood Boulevard. You're not going to make that private or anything. CHAIRMAN McDANIEL: Oh, no, no, no. COMMISSIONER FIALA: Oh, okay. CHAIRMAN McDANIEL: By no means. But it's a public road. COMMISSIONER FIALA: Yeah, right. CHAIRMAN McDANIEL: And so dump trucks have the right -- COMMISSIONER FIALA: I wasn't talking about Lakewood. Oh, yeah. I wasn't even getting close to that. I wouldn't think of that. CHAIRMAN McDANIEL: I gotcha. Gotcha, gotcha, gotcha. COMMISSIONER FIALA: Thank you, anyway, for being protective over me, but that wasn't on my mind. CHAIRMAN McDANIEL: Okay. So to date, I'm going to make a motion that we approve the recommendation to put these signs up and monitor it accordingly. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Third. CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) December 10, 2019 Page 178 CHAIRMAN McDANIEL: So moved. Thank you, Michelle, for your patience. MR. AHMAD: Thank you. CHAIRMAN McDANIEL: And, Jay, thank you. I'm his biggest fan. Item #14B1 SECOND AMENDMENT TO AGREEMENT #19-7509 BETWEEN CULTURAL PLANNING GROUP, LLC AND COLLIER COUNTY TO INCREASE CONSULTING FEES AND REIMBURSABLE EXPENSES IN AN AMOUNT NOT TO EXCEED $45,950 FOR COMPLETION OF A PUBLIC ARTS MASTER PLAN FOR THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA – APPROVED MR. OCHS: Commissioners, we move to your Community Redevelopment Agency. Item 14B1 is a recommendation to approve the second amendment to the agreement between Cultural Planning Group, LLC, and Collier County to increase consulting fees and reimbursable expenses in an amount not to exceed $45,950 for completion of a Public Arts Master Plan for the Bayshore/Gateway Triangle Community Redevelopment Area. Deborah Forester, your CRA Director, will make a brief presentation if you'd like it. MS. FORESTER: Good afternoon. For the record, Deborah Forester, CRA Director. Today we are asking you for an amendment to move forward with the development of a Public Arts Master Plan for the Bayshore/Gateway CRA. As you'll remember in October when we brought forward the report on murals in the county, we mentioned December 10, 2019 Page 179 that the CRA redevelopment plan that was updated in April does provide a Public Arts Master Plan in their short-term noncapital projects. We know that there's a great deal of public interest in the community to move forward with murals, to reactivate that program along with other public arts. We think that by doing this plan here for Bayshore, it would serve as a template for other areas throughout the county that could use this once this one is completed. We also believe that there are some economies of scale by moving forward now. We would be able to piggyback on the travel that Cultural Planning Group will be doing as they present the final plans for the overall countywide plan. Some of the deliverables that will be received as an actual draft public arts ordinance that will be coming back to you, of course, for adoption. It will talk about maintenance, enforcement, how you select artists, how you select locations of art, and also a whole step-by-step process that -- once we identified a site, how we would go through selection through implementation and further maintenance. We also put in the deliverables that there'll be two presentations to the Board of County Commissioners. The first one, when a draft plan is developed, and then take your input from there, and then when they come back with the final plan. And I'm open for any questions that you may have. CHAIRMAN McDANIEL: Just one quick question. The increase in the price is strictly for the Bayshore area? Nothing -- no other -- MS. FORESTER: That's right. CHAIRMAN McDANIEL: -- increase. MS. FORESTER: This would be focused just on the Bayshore/Gateway area. December 10, 2019 Page 180 MR. OCHS: And funded by the CRA. MS. FORESTER: And funded by the CRA. COMMISSIONER TAYLOR: Well, I'm glad you asked, because I would like to see this countywide. I think Immokalee is a prime place for it. There are places -- there are areas that now are claiming themselves as art districts. I just think it would be -- I'm not asking for a rigid program, but I think it would be very important to have a public arts policy countywide that would be able -- we would be able to reference as the popularity of public arts comes to us. CHAIRMAN McDANIEL: And, you know, I think -- I think that that's -- this is a good first step to go to that in the event that we do, in fact, choose to do that as a community. This is a pilot program for the Bayshore area, gateway area. And if, in fact, this proves fruitful, this can be a basis for us to make those determinations going forward. In all sincerity, I've been resistant to expending CRA dollars in regard to these things just because of the lack of infrastructure in Collier County, per se, predominantly. I've got kids walking in the ditch going to school, and we can't build a sidewalk. And I've been resistant to spending money on murals and art districts and so on and so forth when I've got -- when I've got such a lack of infrastructure for the community at large. So this is a -- I mean, the Bayshore area's been designated predominantly as an arts district, and I think it will be a benefit to the community. And if, in fact, the pilot, as been proposed, it proves to be fruitful, then we can take it to a county level as time goes on. COMMISSIONER TAYLOR: I think -- and I'm not -- it sounds like I'm arguing; I'm not. What will probably happen, unless we lift the mural issue in the Bayshore once this public arts plan is done, unless we say, okay, Bayshore, you can do your murals, but no one else can do their December 10, 2019 Page 181 murals, you're going to be inundated with things you probably don't want to need be inundated with, because we won't have any control, and then the challenge we've got is when is a mural, a mural? When is a mural an advertising of a business? And Bayshore's gone through that. So, you know, I don't know what the cost would be, and I'm not even suggesting that the CRA in Immokalee pay for this, because I know the challenges you have up there. But I think it does provide an economic boom. It does provide interest in the county, and people want to go see these murals and, oh, my gosh, the talent in Immokalee is phenomenal. CHAIRMAN McDANIEL: Yes, it is. COMMISSIONER TAYLOR: I mean -- and just murals of tiles, I've seen what they could do, and these children in that walkover from the school. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: Bingo. So I just -- I'm -- again, this comes from experience. I just -- I would -- I would like to see, perhaps, even if we could see what the cost would be if we did it countywide. Not slowing down at all what Bayshore's doing. I'm not suggesting that, but broadening the scope of the consultants. CHAIRMAN McDANIEL: There are people that are -- Commissioner Solis. COMMISSIONER SOLIS: I answered my own question here a minute ago. But, I mean, I don't have any objection to, you know, getting an estimate or anything from the consultants to say, what would it cost to do this on a countywide basis? But I think I'd like to -- before we start down that road I would like to see what the results of the assessment is and where -- you know, what would it -- December 10, 2019 Page 182 what's it going to look like and all that. But I don't have any objection to getting an estimate. COMMISSIONER TAYLOR: All right. Good. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. I agree with that, and I think that this is a good starting point. We've long dedicated that area or, rather, suggested that that area is an arts district. We went up to Tallahassee and got it approved as an arts district. It's been -- they've been wanting to identify with the arts. We've needed to do that. And so this is a first step. And I would think that then, if this step goes as nicely as everybody is hoping it will, it could spread. If it doesn't go quite as well and you get some hiccups, you can figure out how to solve those hiccups before, then you start to introduce it to the county. But once you're ready to introduce it, you'll have that background say, well, we've already done it here and it can be handled further. I think art in a community in itself does so much to liven up a community and maybe even make it look happy or colorful or whatever it is. And I'm excited to just see it moving forward. I like the baby step in the beginning, you know, test the waters first, and then go -- and learn from what you just did and do better. So I will make a motion to approve. COMMISSIONER SAUNDERS: Second. COMMISSIONER FIALA: I'll let you go. CHAIRMAN McDANIEL: It's been moved and seconded. And, again, I'm all for asking for the entire county thing. I think that's a prudent thing for us to do. It's just the original proposal, my understanding, was around 100-, and that was for the whole county. MS. FORESTER: For the strategic arts plan that they're currently working on, yes. December 10, 2019 Page 183 CHAIRMAN McDANIEL: Correct. And we're increasing that by 45,000 only for the Bayshore district. COMMISSIONER TAYLOR: Correct. Public arts. That's different. CHAIRMAN McDANIEL: This is separate and apart from -- MS. FORESTER: This will focus just on the Public Arts Master Plan for the Bayshore/Gateway. So that strategic plan will be coming to you, as I understand it, in January. They're going to be doing a presentation to the community to get input on a draft plan, it will be presented to the TDC in February for their input, and then it will be coming to the Board in March or early April. So this will be running on sort of the same track, but we'll be able to take all the information that's been gathered for the overall countywide strategic plan as part of this as we're moving towards the public art plan for Bayshore/Gateway. CHAIRMAN McDANIEL: Very good. MR. OCHS: And you're right, sir, it's an amendment to that larger contract. CHAIRMAN McDANIEL: Right, but for a specific area paid for out of the Bayshore CRA. MR. OCHS: Specific to Bayshore, yes. Correct. CHAIRMAN McDANIEL: So -- gotcha. COMMISSIONER FIALA: Let me ask one question, if I can. I know we've got the motion on the floor. Now, say, somebody wants to be a part of it. Do they have to go to get an approval of wanting to do it, how big it's going to be in, what the content is? MS. FORESTER: Yes. That will be set up in the overall framework of the master plan. COMMISSIONER TAYLOR: Can we put up a scope of service so everyone understands what a public arts program will do? December 10, 2019 Page 184 MS. FORESTER: So here are some deliverables that you'll be getting. It will be a public arts ordinance that will talk about maintenance responsibility, enforcement if a mural gets put up or another piece of art that gets put up that does not correspond with an existing sketch that was presented as being approved. It will also talk about art acquisition. So if the CRA or a developer wanted to purchase and donate a piece of art into that district, what are those guidelines? How do you select an artist and how do you select the locations for those types of artists? As you may know, we have a number of larger developments that will be coming into this area, and by having a Public Arts Master Plan already adopted, we would be able to help implement some of those goals when development comes forward. COMMISSIONER FIALA: Another question. Say, for instance, you're going to introduce a piece of art. Now, this is personal here, okay. Introduce a piece of art. Oh, happens to be maybe a statue. It happens to be in the middle of a road, and you're moving forward with it, do you have to get permission to do that, then? COMMISSIONER TAYLOR: You'd have to -- I think -- if it was -- if it was countywide, there would probably be a board or a group that would review everything to make sure everything was okay. Number one, the insurance, the way it's -- where it's positioned, making, you know, just -- it's a checklist. Content. I'll just digress for a minute. My first experience with public art was there was an artist in Naples, Italy, who decided that he wanted to donate his art to put in a public place. The piece of art he wanted to donate was a volcano. I am not kidding you. And he wanted to put it in Cambier Park, and that is why we decided to have a public arts -- and I'm -- the door will open. You will be shocked at what comes your way. And without that framework by which you have December 10, 2019 Page 185 guiding of what you -- you know, what our principles are, what we want in Collier County, you're kind of -- it's open season. COMMISSIONER FIALA: Well, I have to admit upfront now that we're going to open a piece of public art in February, but you guys all know that already. COMMISSIONER TAYLOR: That's fine. COMMISSIONER FIALA: And I think everybody is going to be -- I hope everybody will be attending it, and -- COMMISSIONER TAYLOR: And you're the first, you know, and -- COMMISSIONER FIALA: Well -- COMMISSIONER TAYLOR: That's great. COMMISSIONER FIALA: No, I'm not the first. The artist is the one that's going to do it. I just happen to be a part of a team, you know. But I think it's exciting, but it will be interesting to see -- I asked that question purposely, because maybe there are other people who will say, oh, we could do this, too, but now they'll have a clearing ground, right? But it won't cost them any more money to go through this clearinghouse to -- COMMISSIONER TAYLOR: No. But what happens is is that in our today's world, everyone's an artist. So you might have art that's donated to you for a public place, not have the public place to put it in, and maybe not want to put the volcano in the park, so to speak. That's a true story. COMMISSIONER FIALA: I'm glad you told that one. COMMISSIONER TAYLOR: So to avoid volcanos in parks, it's a good idea to have a public arts plan. CHAIRMAN McDANIEL: Well, they have a plan, and with a plan, we have a framework within which to operate. December 10, 2019 Page 186 COMMISSIONER TAYLOR: Well, the strategic arts plan is separate than a public arts plan, just to let you know. It's art, but it's a different animal. COMMISSIONER FIALA: Well, I'm going to have to have a list of instructions, because I don't understand all of that. But then I don't have any artistic ability whatsoever. COMMISSIONER TAYLOR: You put a sculpture up. That's -- COMMISSIONER FIALA: Well, I didn't do anything. I'm just helping with that. CHAIRMAN McDANIEL: So we're going to ask that we get a quote from the consultant for expansion of the entire county, I think. COMMISSIONER TAYLOR: Yes, please. CHAIRMAN McDANIEL: Yes, please. And we're going to -- it's been moved and seconded that we approve the change order to increase the fee up $45,960 from the original price. 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 TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER FIALA: It's going to be exciting. COMMISSIONER TAYLOR: Very exciting. Item #15 December 10, 2019 Page 187 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, I believe that takes us to Item 15, staff and commission general communications. A couple of quick items, Commissioners. We followed up with your aides during the day here and found that January 21st seems to be an open date on everyone's calendar, if you'd like to set that Mr. Chairman at 9 a.m. for the workshop that you'd like to have to discuss the transportation impacts of the Rivergrass. CHAIRMAN McDANIEL: My diligent aide already has it on my calendar. COMMISSIONER TAYLOR: Yeah, mine, too. CHAIRMAN McDANIEL: Done. MR. OCHS: So we'll lock that down. COMMISSIONER SAUNDERS: Mr. Chairman, in reference to the workshop, we talked about the transportation plan but also some education on what we are absolutely committed to doing in terms of the RSLA (sic) and just some background for us and what we can and cannot do. MR. OCHS: Got it. COMMISSIONER TAYLOR: And maybe along with that, what we've done in Collier County with developer commitments. What the -- how has it worked? MR. CASALANGUIDA: Some history? COMMISSIONER TAYLOR: Yes, please. With -- not necessarily with the RLSA, but just generally -- MR. CASALANGUIDA: General history. COMMISSIONER TAYLOR: -- how do we do business when a big development comes in? That would be very helpful. MR. OCHS: Okay. December 10, 2019 Page 188 COMMISSIONER TAYLOR: I don't know that. I'm sure you do, but I don't know that. MR. OCHS: All right. Well, thank you for that. We'll lock that date down. The second item is that you-all received, as you know, a letter last week from Mr. Strain resigning his position as your Hearing Examiner effective January 31st of next year. So the County Attorney and I wanted to get started on a replacement effort, wanted to get your input and endorsement on how you'd like to proceed. In discussing it with Mr. Klatzkow, we thought that it might be most efficient to kind of model your next hearing examiner with the contract you already have with your magistrate for your code enforcement hearing. It's an hourly rate, an independent contractor reporting still, you know, to the Board as an independent contractor as opposed to a full-time employee with the fully-burdened cost of that. You could have one, you could have multiple hearing examiners. However you'd like us to solicit, we're happy to do that. But we're just looking for some input so we're ready once Mr. Strain departs. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I would say I agree with that. I think that we've got other hearing officers, and that works well. And it keeps the cost down for the taxpayers, and it's efficient. CHAIRMAN McDANIEL: I like the idea. Modeling it off the -- after the magistrate, having that flexibility. I'm certainly sorry to see Mr. Strain go away -- or no longer serve as our Hearing Examiner, but I think that that provides us with the most amount of flexibility and doesn't carry along the expense. He was an employee. MR. OCHS: Yes. December 10, 2019 Page 189 CHAIRMAN McDANIEL: But -- and I understand -- I would presume one of the -- he is -- the hearing examiners, in case there's more, will still continue to be the employees of the Board. MR. OCHS: Yes, they contract with the Board directly. COMMISSIONER TAYLOR: Contract. CHAIRMAN McDANIEL: Contract employees, similar -- with similar -- with all of the same powers and authorities that Mark had but it would be independent, but they will report to the Board as well. MR. CASALANGUIDA: No. It's a little different than that. Your magistrate is an hourly -- there's a hourly contract with the magistrate. So it would be with a -- let's say Mr. Anderson or Mr. Pires or whoever applied for this that came in, you'd have an hourly rate, and they would submit their hours, but they wouldn't -- you would get -- you wouldn't get an annual review, because unless there were complaints, they would just provide their hours, and they would bill against those hours per the rate. CHAIRMAN McDANIEL: One of the -- one of my perceived benefits of the arrangement with Mr. Strain was he's not an employee of the County Attorney or the County Manager. He was an employee of the Board, and as long as that is the same premise, then I'm okay with that. I mean, I like that thought process. MR. OCHS: It would -- I guess it would be more correctly stated it would be an independent contractor of the Board. CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: So he would do our research for us, too, if we had things that, you know, we were wondering about and we didn't know how to go about researching it. He was probably -- he did research for all of us. MR. OCHS: I would imagine some of that would revert back to the staff or, if you wanted to use a hearing examiner for that, we December 10, 2019 Page 190 could write that into the ultimate agreement, and they could, you know, charge you for that research. COMMISSIONER SOLIS: I'd like to have a discussion about that, because the pros and cons of using the Hearing Examiner in that way, because of the role that the Hearing Examiner is supposed to have of being -- sitting like a judge. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: I think that's a discussion that we should have, and I've been concerned about that. So if we're going this route, I'd like to have a discussion as to what the scope of the services that this new hearing examiner would be providing. MR. KLATZKOW: We have a hearing examiner ordinance. Those are the scope of duties. COMMISSIONER SOLIS: Okay. MR. KLATZKOW: We could pare it down. Why don't I come back, sir, at the next meeting. I understand what you're looking at. You want more of a judge role than -- COMMISSIONER SOLIS: Yeah. MR. KLATZKOW: -- than what we had with Mark, was -- he would consult with the Board and what have you. COMMISSIONER SOLIS: Right. MR. KLATZKOW: So let me come back at the next meeting. In the meantime, we need -- we do need to solicit for the position. So while I'm doing that, if the County Manager could be soliciting for the position, we could probably have everything back to you in January. COMMISSIONER SOLIS: That's fine with me. CHAIRMAN McDANIEL: Commissioner Solis, I'd like, if you would, please, work with the County Attorney -- COMMISSIONER SOLIS: Sure. December 10, 2019 Page 191 CHAIRMAN McDANIEL: -- because you -- I concurred with most of what you were suggesting when we were having discussions about the other contract and those limitations. I'd like to see them -- COMMISSIONER SOLIS: I'd be glad to. CHAIRMAN McDANIEL: -- ratified as well. Do you have another comment, or was your light from before? COMMISSIONER FIALA: Oh, I was still on that subject. Are we going down the -- CHAIRMAN McDANIEL: Not yet. We aren't going there yet, no. Are you clear on you're going to solicit for the job, it's going to be an independent contractor -- independent contractor to the Board, and Commissioner Solis and the County Attorney are going to work on the scope of duties. COMMISSIONER TAYLOR: Well, I'd like to see what the scope is. If you do that, I have no problem with that, but I want to see what the scope is, and I want to see how it's being changed. CHAIRMAN McDANIEL: Well, of course. But Commissioner Solis is going to take the lead on that and bring it back to us in January. We're not approving anything today. COMMISSIONER TAYLOR: No. MR. OCHS: So we'll bring the scope back for approval at your -- hopefully your first meeting on the 14th of January. CHAIRMAN McDANIEL: Perfect. MR. OCHS: Very good. The only other thing I have is to wish each of you and Madam Clerk a Merry Christmas and a very happy and prosperous new year. Enjoy. CHAIRMAN McDANIEL: Thank you, sir. MR. OCHS: Thank you. CHAIRMAN McDANIEL: County Attorney? MR. KLATZKOW: Nothing. December 10, 2019 Page 192 CHAIRMAN McDANIEL: Madam Clerk, how are you? THE CLERK: Fine. How are you? CHAIRMAN McDANIEL: Doing well, thank you. THE CLERK: And I want to thank you for getting us out of here at, like, 3:40. It was amazing. And I do realize that half the agenda got moved, but we'll be set up for January. But I just wanted to wish everyone a very Merry Christmas. CHAIRMAN McDANIEL: Outstanding. Thank you. THE CLERK: Oh, and a Happy New Year. We won't be back until after new-year. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: When is your soirée? THE CLERK: Friday. Yes, Friday. Please join us. Every year Dwight created it, and we -- COMMISSIONER FIALA: What time? THE CLERK: Oh, 11:00 to 2:00, I think; 11:30 to 2:00. I will send you a reminder email, how about that. They just tell me go down there. So I will send you a reminder email. But, yes, please visit. There will be a lot of staff and everyone there. It's a good opportunity to mix and mingle. CHAIRMAN McDANIEL: Okay. 12:00 to 2:00. COMMISSIONER TAYLOR: 11:00 to 2:00. CHAIRMAN McDANIEL: 11:00 to 2:00. COMMISSIONER SOLIS: I would just like to wish everybody a Merry Christmas, Happy Holidays, Happy New Year. I would like to congratulate our Chair on running some just flawlessly smooth meetings, although I will point out that he did preside over the three longest meetings, I think, in Collier County history. COMMISSIONER SAUNDERS: Oh, no. Oh, no. No, no. Not even close. MR. OCHS: Not close? December 10, 2019 Page 193 COMMISSIONER SOLIS: No? COMMISSIONER SAUNDERS: Not even close. There were two-day meetings back in the old days. COMMISSIONER SOLIS: Oh, back in the old days. COMMISSIONER SAUNDERS: Not the real old days, but just before the three of us got here. COMMISSIONER SOLIS: Before electricity. That's why it had to go over. CHAIRMAN McDANIEL: Before electricity. Because when the sun went down -- COMMISSIONER SOLIS: No, I'm just joking, really. You did a great job as the Chairman, and you had some really tough meetings to preside over, so congratulations on a job well done. COMMISSIONER SAUNDERS: You missed the longest one when you were in that bar in Ireland. CHAIRMAN McDANIEL: Thank you, sir. I appreciate that. That was very nice, very nice. Commissioner Fiala. COMMISSIONER FIALA: Yes. I could tell you about upcoming events, but I don't think I'm going to get into that. I'm going to just say Merry Christmas to everybody, and maybe have -- have a very Happy New Year. Hug your family, let them know how much you care, because sometimes we forget to do that. CHAIRMAN McDANIEL: I'll skip to you, Commissioner Saunders. COMMISSIONER SAUNDERS: Well, I want to wish everybody, including our staff, Happy Holidays. Everybody be safe. And I hope everything goes well. I do want to congratulate the Board and thank the Board. I think 2019 has been a phenomenal year. We had the mental-health issue, we've got Golden Gate Golf Course moving along in a really positive December 10, 2019 Page 194 way, we've got the Corkscrew Park that's going to have a ground -- opening here pretty soon. We've done some marvelous work on affordable housing/workforce housing. I think if you look back at 2019, I think it's been a great year, and it's because of the leadership of this -- of the entire County Commission. So I just want to thank you for that, and it's been a pleasure serving this year with you. CHAIRMAN McDANIEL: As well. As well. Commissioner Taylor. COMMISSIONER TAYLOR: Well, I do have a couple of housekeeping things. There seems to be a big interest in doing another water forum to understand 2020. It will be 2020, what we're doing about algae and red tide. And, specifically, it would be nice to do it when the folks are here that live on the coast. So I'd like to know if the County Commission would like to get involved in it. If not, I will do it. But I think a town hall on water issues is on everybody's mind that live next to the coast. And the reason I know that is because all you have to do is go down to the coast, and you start coughing because red tide is there. So is that something of interest of my colleagues, or shall I just do it -- and that's going to change a lot of things in terms of where we do it, how we do it. I thought we would bring in pretty much the speakers we brought in before, which is Mote Marina, FGCU, and perhaps a couple of other scientists, and really look at it from a clear scientific background. COMMISSIONER FIALA: From talking about the coast -- COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: -- are you talking about the coast as far as Everglades City and Goodland and Isles of Capri and Marco Island -- December 10, 2019 Page 195 COMMISSIONER TAYLOR: Marco Island. COMMISSIONER FIALA: -- too? Because then will Mote Marine also be addressing those areas? I would think that it would be great if we tackled more than just in the city. COMMISSIONER TAYLOR: Oh, no. I was thinking -- I was going all the way along the coastline. I was going up to the Lee County boundary south and into Marco and Goodland, and just to talk about -- I mean, there's still a lot of misinformation out there that I think could be handled in a scientific way. COMMISSIONER SAUNDERS: If you're -- COMMISSIONER TAYLOR: Go ahead. COMMISSIONER SAUNDERS: If you're talking about a -- kind of a workshop on water issues, I don't think any of us would have any objection to scheduling something like that. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: I think it's -- I think -- and especially if it's science based. COMMISSIONER TAYLOR: Oh, no. It's science. CHAIRMAN McDANIEL: Because of the misnomers that are flying around and such. I think it would behoove us to do that and do it as a community, because then we involve all of our coastal communities. COMMISSIONER TAYLOR: Yeah. And we could do it late in the afternoon, like a 4:00, 5:00, that kind of a framework where there would be a panel, and it would be open to the public to ask questions on it, and have it televised so we've got some factual science-based information out there. CHAIRMAN McDANIEL: Sure. I think it's a good idea. I'll expect you to have that all detailed out and brought back to us in our first meeting in January so that we can go forth and persevere. December 10, 2019 Page 196 COMMISSIONER TAYLOR: Okay. You got it. Is that -- everybody okay with that? CHAIRMAN McDANIEL: Yeah. We're all nodding positively. COMMISSIONER TAYLOR: Okay, good. All right. And then -- this is sort of for the stockings, right? I'd like this -- I'd like the Board and certainly the staff to argue against it, but I'd like to reduce the speeds in residential areas from 30 miles an hour to 25. That's the first one, and then -- and I'd like to have a presentation to see the pros and cons of it, because I know that there's a lot of concern on the county -- MR. CASALANGUIDA: Sure. COMMISSIONER TAYLOR: -- about it, but in the city it's always 25 miles an hour. And, frankly, we've got some streets that probably could do with it. So that's a first request, to have that as an agenda item. And then I'd also like to have a presentation on the soon-to-be stoplight at the intersection of Livingston Road and Marbella Lakes to understand -- Lakes Drive to understand how -- why you could not move the same technology that's in the City of Naples -- and this comes from residents in the county. The City of Naples, I think it's at 26th or 24th. COMMISSIONER SAUNDERS: Twenty-sixth. COMMISSIONER TAYLOR: -- twenty-sixth -- goes 41, and there's three lanes, and one lane stops, and there's a stoplight, why that couldn't be implemented at this intersection. MR. CASALANGUIDA: It can. It's just not recommended by your traffic engineer. COMMISSIONER TAYLOR: And just -- can we just have a presentation why not? MR. CASALANGUIDA: Sure. December 10, 2019 Page 197 COMMISSIONER TAYLOR: And, you know -- I guess he's not here. Okay. And I think, unless Sherry runs out here and says you forgot something, that's it except to wish everyone a wonderful and joyful holiday season and all the best to everyone in the new-year. CHAIRMAN McDANIEL: Thank you. Same to you. I have one issue. It came to my attention, and it's -- Jamie's going to come to the podium and make a brief statement. But vis-a-vis the WERP program, the Western Everglades Restoration Program, the federal government has come forward and made propositions to fund money towards the hunting camps that are negative -- potentially negatively impacted by the elevation of water and the rehydration efforts that are coming out of the -- COMMISSIONER TAYLOR: Picayune Strand? CHAIRMAN McDANIEL: Pardon? The Picayune, some in the forest, wherever the WERP program is going to enhance rehydration efforts. And they're offering compensation to camp owners. And the feds are okay with it, the state's okay with it, but the Collier County popped into the mix with regard to having to meet new -- you know, new building codes and those sort of things. And I'd like -- Jamie and I have had brief conversations, I think -- and I spoke with Nick a little bit about it last night. But I'd like to develop some kind of an exemption process for -- there's not very many of them, number one. Number two, they're hunting camps, and I don't want to put people in a position of extraordinary expense and burden when the federal government's paying them to elevate their camps and get in a pickle from a permitting standpoint, so... COMMISSIONER FIALA: Let me just ask what you just meant. Elevate -- you have your hunting camp, which is bare ground, December 10, 2019 Page 198 and you have maybe a little shack or something on it, and they're saying you have to elevate your ground? CHAIRMAN McDANIEL: No, no, no. They're elevating -- putting the camp up on stilts. Picking your shack, as you've said, picking it up and putting it on stilts five, six feet so that it's not negatively impacted when these rehydration efforts, in fact, transpire. A portion -- and it's important to understand that the WERP rehydration program is not to flood these areas, but it's to raise and elevate the subsurface water tables which, in turn, will elevate surficial water tables when the rainy season, in fact, comes along. And so the federal government's offering money to these camp owners, and I just -- I want to -- I would like to put in an exemption process so that those folks aren't negatively impacted by that move. Mr. French, go. MR. FRENCH: Good afternoon. For the record, Jamie French, your Deputy Department head for Growth Management. Commissioners, hunting cabins that existed prior to January 1st, 2011, by the latest edition of Florida Building Code, so long as they're under 1,000 square feet and they're only used for hunting, recreational uses, they're not rented, they're not hooked to any type of central power or central plumbing, and they're not an occupancy, they're already exempt from the Florida Building Code. COMMISSIONER FIALA: Okay. MR. FRENCH: So they're used -- that's their primary purposes, for recreational use. In other words, they can't be -- spend the night there, perhaps, a couple days, a week, but they're really not a primary residence, and the State of Florida's already recognized that. Unfortunately, though, from the FEMA perspective in the floodplain, that area's considered a Proximate A, so it means that FEMA has not determined a proper base flood elevation. So under a Proximate A what the federal government looks at is they typically December 10, 2019 Page 199 say 3-foot above grade. So most of the camps out there are already 3-foot above grade. Many of them have stairs up. They don't really sit on the ground because they would have already been flooding before. But in the event that they wanted to lift them and so long as they're under the thousand square feet, we don't permit these guys anyway because the State of Florida doesn't allow us to. And any changes to your building code, by the way, is at the state level. Collier County does not have a building code; no community really does. We follow the state building code. And any exemption or any changes to that must be approved by the State of Florida. CHAIRMAN McDANIEL: Okay. Very good. Thank you very much. If you give me a brief statement in that regard so I can pass it on to these folks, that would be perfect, and I'm sure it will help quell some of the concerns that have arisen. MR. FRENCH: I'll provide the section right out of the code, sir. CHAIRMAN McDANIEL: Perfect. Thank you, sir. And as Commissioner Saunders already mentioned, we have a pretty exciting event coming up on December 16th, and I've asked Sue to invite you all if you are interested. The ribbon cutting and groundbreaking ceremony for the long-awaited Big Corkscrew Regional -- Big Corkscrew Island Regional Park is going to happen December 16th at 10:00 is what my calendar says. So I would like to extend to all three of you that are out there watching -- my mother's watching. She won't be here. But I would like to extend an invite. And with that, also wish you-all a Merry Christmas and a Happy New Year. We are done. ***** December 10, 2019 Page 200 **** Commissioner Taylor moved, seconded by Commissioner Solis and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE ROADWAY SEGMENT OF COLLIER BOULEVARD (FROM VANDERBILT BEACH ROAD NORTH FOR 1 MILE) WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT-A- ROAD LOGO SIGNS FOR A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, UC BREAKING NEWS LLC. – FOR THE REMOVAL OF ROADSIDE LITTER PROVIDING SAFE AND CLEAN ROADS Item #16A2 AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE ROADWAY SEGMENT OF IMMOKALEE ROAD FROM STRAND BOULEVARD TO OLDE CYPRESS BOULEVARD WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT- A-ROAD LOGO SIGNS FOR A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, JOSEPH P. MUNI III, P.A. – FOR THE REMOVAL OF ROADSIDE LITTER PROVIDING SAFE AND CLEAN ROADS Item #16A3 UPHOLD ORDINANCE 2019-16 ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED PUBLIC ROADS AND STREETS ON CHOKOLOSKEE ISLAND AND PLANTATION December 10, 2019 Page 201 ISLAND, INCLUDING THE PROHIBITION OF GOLF CARTS ON SECTIONS OF PLANTATION PARKWAY AND CHOKOLOSKEE PARKWAY Item #16A4 CHANGE ORDER NO. 3 TO AGREEMENT NO. 06-4000 BETWEEN COLLIER COUNTY AND JACOBS ENGINEERING GROUP, INC. (FORMERLY CH2M HILL) IN THE AMOUNT OF $885,345.00, FOR THE DESIGN OF THE REVISED ALIGNMENT OF VANDERBILT BEACH ROAD EXTENSION FROM COLLIER BOULEVARD TO 16TH STREET NE, AND THE DESIGN OF MASSEY STREET FROM VANDERBILT BEACH ROAD TO TREE FARM ROAD (PROJECT NO. 60168) – PROVIDING A ROADWAY BUILT TO COUNTY STANDARDS Item #16A5 – Moved to Item #11O (Per Commissioner McDaniel during Agenda Changes) Item #16A6 RECORD THE FINAL PLAT OF NATIONAL GOLF AND COUNTRY CLUB AT AVE MARIA, PHASE 1, (APPLICATION NUMBER PL20180003167) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A7 RECORD THE FINAL PLAT OF MOORINGS PARK GRANDE December 10, 2019 Page 202 LAKE (APPLICATION NUMBER PL20180003112), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A8 RECORD THE MINOR FINAL PLAT OF CITY GATE COMMERCE PARK PHASE THREE REPLAT NO. 2, APPLICATION NUMBER PL20190002120 Item #16A9 RECORD THE FINAL PLAT OF FOUNDERS SQUARE, (APPLICATION NUMBER PL20190000344) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A10 RESOLUTION 2019-233: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MOCKINGBIRD CROSSINGS, APPLICATION NUMBER AR-9975, PL20150002144, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A11 December 10, 2019 Page 203 RESOLUTION 2019-234: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF FAITH LANDING PHASE FOUR, APPLICATION NUMBER PL20160001899, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A12 RESOLUTION 2019-235: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MCCARTY SUBDIVISION, APPLICATION NUMBER AR-3700 AND PL20120001712, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A13 FINAL ACCEPTANCE OF THE SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR ARTHREX HOTEL AND WELLNESS CENTER, LIFT STATION 111.01, PL20190002489 – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON NOVEMBER 5, 2019 Item #16A14 FINAL ACCEPTANCE OF THE SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR ARTHREX ADMINISTRATION BUILDING, LIFT STATION 111.00, PL20190002424 – STAFF CONDUCTED A December 10, 2019 Page 204 FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 31, 2019 Item #16A15 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR RATTLESNAKE HAMMOCK SELF- STORAGE, PL20180000852, 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 $10,996.08 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON SEPTEMBER 3, 2019 Item #16A16 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR NAPLES LAKES COUNTRY CLUB GOLF COURSE RENOVATION, PL20180001417, ACCEPT THE CONVEYANCE OF A PORTION OF THE SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,943 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 17, 2019 December 10, 2019 Page 205 Item #16A17 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR CVS IMMOKALEE ROAD, PL20180002492, 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 $8,584.02 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 18, 2016 Item #16A18 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR NE COUNTY RECYCLING DROP-OFF CENTER, PL20180002360 – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 11, 2019 Item #16A19 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR HADLEY PLACE EAST, PL20180001708 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – STAFF CONDUCTED December 10, 2019 Page 206 A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 22, 2019 Item #16A20 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR HACIENDA LAKES BUSINESS PARK, PL20180000571, 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 $16,345.50 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY ON OCTOBER 28, 2019 Item #16A21 AN EXTENSION FOR COMPLETION OF REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH ROYAL PALM GOLF ESTATES REPLAT #3 (AR-6774) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) – FROM SEPTEMBER 23, 2019 THROUGH SEPTEMBER 23, 2021 Item #16A22 AN EXTENSION FOR COMPLETION OF REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT 11, DEL WEBB NAPLES PARCELS 106 & 112 December 10, 2019 Page 207 (PL20110000452) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) – THE DEADLINE EXPIRED ON SEPTEMBER 27, 2018 AND IS NOW EXTENDED TO SEPTEMBER 27, 2021 Item #16A23 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $114,866.40 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080-8, PL20160000400 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 7 Item #16A24 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $25,890 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.708- 2, AR-2076, PL20120001705 FOR WORK ASSOCIATED WITH INDIGO LAKES UNIT 7 – LAKES 4 AND 5 Item #16A25 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $62,460 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20160000766 FOR WORK ASSOCIATED WITH THE ANTILLES. Item #16A26 December 10, 2019 Page 208 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $277,324.85 WHICH WAS POSTED AS A GUARANTY FOR OFF-SITE IMPROVEMENTS ASSOCIATED WITH ARTESIA NAPLES, AR-4794 Item #16A27 SUB-RECIPIENT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) FOR FUNDING IN THE AMOUNT OF $69,750 UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT PROGRAM AND AUTHORIZE NECESSARY BUDGET AMENDMENT. NET FISCAL IMPACT IS $93,000 (PROJECT NO. 60102) – TO HELP ALLEVIATE THE HISTORICAL FLOODING IN THE SOLANA ROAD/BURNING TREE AREA Item #16A28 AWARD A WORK ORDER TO BONNESS, INC., UNDER ROADWAY CONTRACTOR’S AGREEMENT NO. 16-6663, FOR CONSTRUCTION OF THE “VANDERBILT BEACH ROAD AT PRISTINE DRIVE AND BUCKSTONE DRIVE INTERSECTION IMPROVEMENTS” PROJECT, IN THE AMOUNT OF $542,373.28 (PROJECT 60016.39) Item #16A29 – Moved to Item #11M (Per Agenda Change Sheet) Item #16B1 BOARD OF COUNTY COMMISSIONERS, ACTING AS THE December 10, 2019 Page 209 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), APPROVES AND AUTHORIZES THE CHAIRMAN TO EXECUTE A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND DAVID AND GLORIA FLICK IN THE AMOUNT OF $5,384.47 FOR PROPERTY LOCATED AT 2464 KIRKWOOD AVENUE WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Item #16C1 A BUDGET AMENDMENT IN THE AMOUNT OF $500,000 IN ORDER TO EXECUTE PHASE II OF CONTRACT #14-6198, “DESIGN AND SUPPORT SERVICES FOR THE CC LANDFILL LEACHATE DEEP INJECTION WELL,” (PROJECT NUMBER 70219) Item #16C2 RESOLUTION 2019-236: A RESOLUTION REMOVING UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND THEIR RESPECTIVE BALANCES FROM THE FINANCIAL RECORDS OF COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT IN THE AMOUNT OF $16,700.64 Item #16C3 AN AGREEMENT FOR SALE AND PURCHASE FOR THE SOLID AND HAZARDOUS WASTE MANAGEMENT DIVISION TO ACQUIRE 5 ACRES AS PART OF AN ASSEMBLAGE OF December 10, 2019 Page 210 VACANT LAND THAT IS IMMEDIATELY ADJACENT TO THE COUNTY LANDFILL. THE TOTAL COST FOR THIS TRANSACTION WILL NOT TO EXCEED $61,000 – FOLIO #00340120006 Item #16C4 SOLE-SOURCE WAIVERS FOR THE PURCHASE OF EQUIPMENT AND SERVICES NEEDED TO REPAIR AND MAINTAIN WASTEWATER TREATMENT FACILITIES INFRASTRUCTURE IN ORDER TO MEET DEMAND AND MAINTAIN COMPLIANCE WITH PUBLIC UTILITY DEPARTMENT OPERATIONS – FOR EXISTING AND REPLACEMENT APPLICATIONS EFFECTIVE THROUGH SEPTEMBER 30, 2023 Item #16C5 A PURCHASE ORDER MODIFICATION IN THE AMOUNT OF $92,990.00 TO STANTEC CONSULTING SERVICES, INC. (UNDER AGREEMENT NO. 14-6345), FOR CEI SERVICES ON THE VANDERBILT CUL-DE-SACS PROJECT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN THE VILLAS AT BAREFOOT BEACH HOMEOWNERS ASSOCIATION, INC., AND COLLIER COUNTY FOR A MAINTENANCE AGREEMENT FOR CONTIGUOUS December 10, 2019 Page 211 PROPERTIES AT BAREFOOT BEACH PARK NORTH ACCESS – PROVIDING MUTUALLY BENEFICIAL SUPPORT FOR CONTIGUOUS MAINTENANCE OF THE CONSERVATION AREA ON BOTH PROPERTIES BETWEEN THE PARTIES Item #16C7 AWARD A CONTRACT TO AECOM USA, INC., IN THE AMOUNT OF $994,087 UNDER REQUEST FOR PROPOSAL NO. 18-7370, “PUBLIC UTILITIES WATER SEWER DISTRICT MASTER PLAN”, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT NUMBER 70031) Item #16C8 A $708,665 WORK ORDER TO HASKINS, INC., UNDER REQUEST FOR QUOTATION #14-6213-134 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR "VILLAGE WALK WASTEWATER SYSTEM MODIFICATIONS" (PROJECT NUMBER 70250) – BRINGING OUTDATED UTILITY INFRASTRUCTURE INTO COMPLIANCE WITH CURRENT STANDARDS AND MEETING SERVICE DEMANDS, PROTECTING PUBLIC HEALTH AND SAFETY, AND PROVIDING PROACTIVE ENVIRONMENTAL PROTECTIONS Item #16D1 THE CHAIRMAN TO SIGN THE SUBMITTAL OF A FIVE-YEAR SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA December 10, 2019 Page 212 AT CAXAMBAS PARK WITH AN EFFECTIVE DATE OF APRIL 8, 2018 – THE LEASE IS EFFECTIVE FROM APRIL 8, 2018 THROUGH APRIL 6, 2023, AND INCLUDES USE AND OPERATION OF THE BOAT RAMP, FISHING PIER, 10 SLIPS FOR PUBLIC USE AND 1 SLIP FOR AN EMERGENCY AND FIRE RESCUE VESSEL Item #16D2 TWO (2) FACILITY USE AGREEMENTS BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY SUPERVISOR OF ELECTIONS (SOE) FOR THE USE OF THE SOUTH REGIONAL LIBRARY AND HEADQUARTERS LIBRARY AS POLLING PRECINCTS FOR THE 2020 ELECTION CYCLE AND AUTHORIZE THE BOARD’S CHAIRMAN TO SIGN THOSE AGREEMENTS Item #16D3 AN “AFTER-THE-FACT” COMBATING OPIOID OVERDOSE GRANT APPLICATION IN THE AMOUNT OF $500,000 TO THE UNIVERSITY OF BALTIMORE, IN PARTNERSHIP WITH THE COLLIER COUNTY SHERIFFS OFFICE, TO PROVIDE MEDICATION-ASSISTED TREATMENT (MAT), AT THE TIME OF INCARCERATION AND FOR INMATES TRANSITIONING BACK TO THE COMMUNITY (NET FISCAL IMPACT $500,000) Item #16D4 CONVEYANCE OF A UTILITY EASEMENT ON COUNTY PROPERTY LOCATED AT THE NAPLES ZOO, 1590 December 10, 2019 Page 213 GOODLETTE-FRANK ROAD, TO THE CITY OF NAPLES, AT NO COST TO THE COUNTY – FOR THE NAPLES ZOO ANIMAL HOSPITAL IMPROVEMENTS Item #16D5 BUDGET AMENDMENTS TO REFLECT THE ESTIMATED FUNDING FOR CALENDAR YEAR 2020 OLDER AMERICANS ACT (OAA) PROGRAMS IN THE AMOUNT OF $1,328,364.09 AND THE ESTIMATED CASH MATCH OF $88,185.44. THE VENDOR PROVIDES THE ESTIMATED MATCH IN THE AMOUNT OF $54, 217.53 – THE FOLLOWING ARE THE PROGRAM COMPONENTS: LEAD AGENCY OPERATIONS, CONGREGATE MEALS, HOME DELIVERED MEALS, CAREGIVER SUPPORT PROGRAM AND NSIP Item #16D6 AN AFFILIATE LIBRARY AGREEMENT BETWEEN FAMILY SEARCH, INTERNATIONAL, A UTAH NON-PROFIT CORPORATION (FAMILYSEARCH) AND BOARD OF COUNTY COMMISSIONERS (BOARD) ON BEHALF OF THE COLLIER COUNTY PUBLIC LIBRARY – PROVIDING A GENEALOGICAL DATABASE ACCESS AT NO COST TO THE PUBLIC IS AN AFFILIATE FAMILY SEARCH LIBRARY WHICH AS THE LARGEST COLLECTION OF GENEALOGICAL RECORDS IN THE WORLD OF 3.5 BILLION IMAGES, HUNDREDS OF MILLIONS OF BIRTHS, CHRISTENING, MARRIAGE RECORDS, AND OVER 35 MILLION PEDIGREES AND FAMILY GROUP RECORDS, PLUS 300,000+ DIGITAL BOOKS THAT THEY OWN EXCLUSIVELY December 10, 2019 Page 214 Item #16D7 ONE (1) RELEASE OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM WHERE THE TERM OF THE OBLIGATION HAS BEEN MET – LOCATED AT 592 HOPE CIRCLE, IMMOKALEE Item #16D8 TWO (2) RELEASES OF LIENS FOR FULL PAYMENT OF $31,814.98 PLUS INTEREST, PURSUANT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLINGS – LOCATED AT 3628 JUSTICE CIRCLE, IMMOKALEE; AND LOT 127 TRAIL RIDGE IN NAPLES Item #16D9 AN EXTENSION TO AGREEMENT NO. 09-5247, TIGERTAIL BEACH FOOD & BEACH CONCESSIONS WITH RECREATIONAL FACILITIES OF AMERICA, INC., FOR A PERIOD OF SIX MONTHS OR UNTIL A NEW CONTRACT IS AWARDED – EXTENDING THE CURRENT EXPIRATION DATE OF JANUARY 11, 2020 TO JULY 9, 2020 OR UNTIL A NEW CONTRACT IS AWARDED, WHICHEVER IS SOONER Item #16D10 AFTER-THE-FACT DONATION FOR THREE (3) FITNESS EQUIPMENT ITEMS TO THE IMMOKALEE FIRE DEPARTMENT – FOR ITEMS LEFT OFF THE DONATED December 10, 2019 Page 215 ITEMS LIST FROM THE IMMOKALEE SPORTS COMPLEX TO THE IMMOKALEE FIRE DEPARTMENT FOR A TOTAL OF 15 DONATED ITEM OF FITNESS EQUIPMENT Item #16D11 THE CHAIRMAN TO SIGN THE FOURTH AMENDMENT WITH LEECORP HOMES INC., TO INCREASE FUNDING BY $23,000.00 FOR THE ADMINISTRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) DEMOLITION AND/OR REPLACEMENT OF MANUFACTURED HOUSING PROGRAM – THIS AMENDMENT IS TO HELP COMPLETE A HOUSING UNIT FOR A HURRICANE IRMA DISASTER VICTIM Item #16D12 ACCEPT AND RATIFY FEE WAIVERS GRANTED BY THE DIRECTOR OF DOMESTIC ANIMAL SERVICES (DAS) FOR THE PERIOD OF JULY 1, 2019, THROUGH SEPTEMBER 30, 2019, IN ACCORDANCE WITH THE PROCESS ESTABLISHED BY RESOLUTION NO. 2018-106 IN THE AMOUNT OF $464.00 – FOR FIVE DIFFERENT OWNERS THAT HAD EIGHT PETS SURRENDERED Item #16D13 RESOLUTION 2019-237: THE COLLIER COUNTY CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR December 10, 2019 Page 216 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) FOR FISCAL YEAR 2018-2019 AS REQUIRED; APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT RESOLUTION; AND AUTHORIZE THE CHAIRMAN TO CERTIFY THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR SUBMISSION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Item #16D14 THE CHAIRMAN TO SIGN THE FY19-20 FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5310 GRANT AWARD CONTRACT IN THE AMOUNT OF $498,408 AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING BUDGET AMENDMENTS, NECESSARY TO RECEIVE THE AWARD AND EXECUTE ALL PAY REQUESTS – FOR THE REPLACEMENT OF SIX VEHICLES, SIX TWO-WAY RADIOS, AND SIX TABLETS FOR THE VEHICLES Item #16D15 ELECTRONIC EXECUTION OF THE FY19 SECTION 5339 GRANT AWARD FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) IN THE TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS) AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $372,752 FOR THE CONSTRUCTION OF A BUS TRANSFER FACILITY IN December 10, 2019 Page 217 IMMOKALEE AND REHABILITATING EXISTING FIXED- ROUTE VEHICLES - AND TO REBUILD ENGINES AND/OR TRANSMISSIONS ON THREE VEHICLES Item #16D16 TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $40,500 AND APPROVE AN ASSOCIATED BUDGET AMENDMENT – LOCATED AT 3628 JUSTICE CIRCLE, IMMOKALEE; AND 13602 LEGACY LANE, NAPLES Item #16D17 RESOLUTION 2019-238 (5310); RESOLUTION 2019-239 (5311); RESOLUTION 2019-240 (5339): SUBMISSION OF GRANT APPLICATIONS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FEDERAL TRANSIT ADMINISTRATION PROGRAMS 5310, 5311, AND 5339 RURAL FOR FY2020/2021 AND APPROVE THE ASSOCIATED RESOLUTIONS TO SUPPORT TRANSIT OPERATIONS AND SYSTEM CAPITAL IMPROVEMENTS. (TOTAL ANTICIPATED FISCAL IMPACT OF $2,672,655.90 WITH A FEDERAL SHARE OF $1,655,424.80, STATE SHARE OF $166,365.60, AND LOCAL MATCH OF $850,865.50) Item #16D18 ACCEPT AND APPROPRIATE RESTRICTED DONATIONS TOTALING $5,000 TO SUPPORT THE REPLACEMENT OF THE December 10, 2019 Page 218 EAST NAPLES BRANCH LIBRARY CARPET Item #16D19 THE COUNTY MANAGER TO TAKE IMMEDIATE ACTION TO MAKE THE MINIMUM NECESSARY REPAIRS REQUIRED TO FACILITATE THE TRANSPORT OF EMERGENCY SERVICE VEHICLES ON BLUE SAGE DRIVE AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS Item #16D20 – Added (Per Agenda Change Sheet) AWARD REQUEST FOR QUOTATION #19-80401-1, “EAST NAPLES COMMUNITY PARK ELECTICAL UPGRADES,” UNDER AGREEMENT NO. 19-7525, ANNUAL AGREEMENT FOR GENERAL CONTRACTOR SERVICES, TO CHRIS TEL CONSTRUCTION IN THE AMOUNT OF #547,382.02 Item #16E1 RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY19 Item #16E2 THE PURCHASE OF A REPLACEMENT INFORMATION TECHNOLOGY DATA BACKUP SYSTEM ESTIMATED AT $280,000 OFF THE STATE OF FLORIDA, DEPARTMENT OF December 10, 2019 Page 219 MANAGEMENT SERVICES, SOFTWARE VALUE ADDED RESELLER CONTRACT, AND AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT Item #16E3 THE REPORT FOR THE SALE OF ITEMS AND DISBURSEMENT OF FUNDS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD ON NOVEMBER 1 AND NOVEMBER 2, 2019 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-SW, “PROFESSIONAL SERVICES LIBRARY – SOLID AND HAZARDOUS WASTE MANAGEMENT ENGINEERING,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP SIX RANKED FIRMS SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING Item #16E5 THE PURCHASE OF GROUP HEALTH REINSURANCE THROUGH SUNLIFE IN THE ESTIMATED ANNUAL AMOUNT OF $327,008.00 EFFECTIVE JANUARY 1, 2020 Item #16E6 December 10, 2019 Page 220 THE SELECTION COMMITTEE’S RANKING OF REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-ST, “PROFESSIONAL SERVICES LIBRARY - STRUCTURAL ENGINEERING CATEGORY,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP TEN RANKED FIRMS SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING Item #16E7 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – FOR ON-LINE SALES THAT TOTALED $1,274.00, DISPOSED ITEMS BOOK VALUE TOTALING $4,941.05, AND TRADE-IN VALUE OF EQUIPMENT UPGRADES TOTAL $2,000.00 Item #16E8 PURCHASES IN EXCESS OF $50,000 FOR JOHN DEERE AGRICULTURAL AND TURF EQUIPMENT PARTS, REPAIRS AND SERVICES FROM EFE, INC. D/B/A EVERGLADES EQUIPMENT GROUP, AS A SINGLE-SOURCE PROVIDER Item #16E9 AWARD RFP #19-7581 “GROUP INSURANCE BROKERAGE AND ACTUARIAL SERVICES” TO WILLIS OF WISCONSIN, INC., AND EXECUTE THE ASSOCIATED AGREEMENT December 10, 2019 Page 221 Item #16E10 A BUDGET AMENDMENT FOR THE PURCHASE OF 40 FIELD COMPUTERS FOR EMS IN THE AMOUNT OF $80,760 Item #16E11 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – FOR VARIOUS CONTRACTS THAT INCLUDE THE PELICAN BAY SIGN REPAIR/REPLACEMENT; DESIGN SERVICES, PHASE 0, PHASE 1A FOR THE SPORTS PARK; VANDERBILT BEACH ROAD LANDSCAPE; PELICAN BAY-WATERGATE WAY PIPES; AND ORANGE TREE PLANT FORCE MAIN IMPROVEMENTS Item #16F1 THE DONATION OF A CUMMINS GENERATOR TO BE INSTALLED AT THE FLORIDA CULINARY ACCELERATOR AT IMMOKALEE - TO BE INSTALLED WITH REVENUE RECEIVED FROM THE LOCAL GOVERNMENT SHARE OF GAMING PROCEEDS AGREEMENT BETWEEN THE STATE OF FLORIDA AND SEMINOLE TRIBE Item #16F2 THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR PUBLIC HEARING AN AMENDMENT TO ORDINANCE NO. 2018-56, WHICH PROVIDED FOR THE December 10, 2019 Page 222 CREATION OF THE GOLDEN GATE ECONOMIC DEVELOPMENT ZONE, TO RAISE THE CAP OF THE TRUST FUND TO $2,000,000, SUBJECT TO APPROPRIATION BY THE COUNTY Item #16F3 RESOLUTION 2019-241: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY2019-20 ADOPTED BUDGET Item #16F4 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – FOR OTHER CONTRACUAL SERVICES WITHIN THE ROCK ROAD MSTU Item #16F5 AWARD REQUEST FOR PROPOSAL NO. 19-7640, “FEDERAL LOBBYIST SERVICES,” TO BECKER & POLIAKOFF, P.A., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16F6 A THIRD AMENDMENT TO AGREEMENT WITH GC II, LLC, TO EXTEND THE CLOSING DATE FROM OCTOBER 31, 2019 December 10, 2019 Page 223 TO DECEMBER 20, 2019 FOR THE PURCHASE OF 0.345 ACRES TO INCORPORATE INTO THE COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER AT A COST NOT TO EXCEED $127,700, TO APPROVE THE OPTION TO EITHER PURCHASE THE 2.10 ACRE SOUTH PROPERTY AT A COST NOT TO EXCEED $452,670 OR THE 1.75 ACRE NORTH PROPERTY AT COST NOT TO EXCEED $382,320 FOR ADDITIONAL PARKING, IF NEEDED, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16F7 A FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT WITH RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) EXTENDING THE DUE DILIGENCE PERIOD FOR THE SALE OF THE 47 +/- ACRE PARCEL KNOWN AS THE RANDALL CURVE PROPERTY FROM DECEMBER 23, 2019 TO JANUARY 31, 2020 – FOLIO #37690040003 Item #16F8 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING JANUARY 2020 SPORTS TOURISM EVENTS FOR THE NIKE XPO PROSPECT CAMP JANUARY 4TH - 5TH, 2020 UP TO $7,600 AND THE DIMITRI CUP SOCCER SERIES JANUARY 11TH - FEBRUARY 2ND, 2020 UP TO $55,500 FOR A TOTAL UP TO $63,100 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – TO BE HELD AT THE NORTH COLLIER REGIONAL COMPLEX FOR THE 18TH YEAR December 10, 2019 Page 224 Item #16F9 THE SPONSORSHIP AGREEMENT BETWEEN COLLIER COUNTY AND FOOTBALL UNIVERSITY (FBU) TO HOST THE TOP GUN SHOWCASE SUMMER PROGRAM IN JULY 2020, 2021 AND 2022 AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – THE COUNTY PROPOSES TO PAY FBU $100,000.00 EACH FISCAL YEAR OF FY20, FY21 AND FY22 Item #16F10 – Moved to Item #11N (Per Agenda Change Sheet) Item #16F11 AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”) #19-7650, “GOLDEN GATE GOLF COURSE REDEVELOPMENT PLANNING AND ENGINEERING,” TO DAVIDSON ENGINEERING, INC., FOR PROFESSIONAL PLANNING AND ENGINEERING SERVICES IN A TIME AND MATERIALS AMOUNT NOT TO EXCEED $684,666.50, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS Item #16F12 AWARD REQUEST FOR PROPOSAL NO. 19-7667, “WEBSITE DESIGN AND DEVELOPMENT FOR THE COLLIER COUNTY OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT,” TO MILES PARTNERSHIP, LLLP, AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT, AND AUTHORIZE NECESSARY BUDGET AMENDMENT December 10, 2019 Page 225 Item #16G1 BUDGET AMENDMENTS IN THE AMOUNT OF $145,000 TO REPLACE AIRPORT EQUIPMENT – REPLACING A 2006 FORD FREESTAR, TORO MOWER, WASTE FUEL/OIL TANKS, AND 2007 NEW HOLLAND TRACTOR Item #16G2 RESOLUTION 2019-242: THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY, ADOPTS THE ATTACHED RESOLUTION APPROVING THE PROPOSED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT, AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2020 Item #16H1 STAFF TO NEGOTIATE A RIGHT OF FIRST REFUSAL AGREEMENT WITH NORTH COLLIER FIRE DISTRICT REGARDING THE POTENTIAL SALE OF STATION 40 LOCATED AT 1441 PINE RIDGE ROAD (COMMISSIONER TAYLOR) Item #16I1 MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR THE RECORD BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 10, 2019 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Ave Maria Stewardship Community District: FY19/20 Regular Meeting Schedule 2) Cedar Hammock Community Development District: Meeting Agenda 07/15/2019; 08/22/2019 Meeting Minutes 07/15/2019; 08/22/2019 3) Heritage Bay Community Development District: Meeting Agenda 09/05/2019; 10/03/2019 Meeting Minutes 09/05/2019; 10/03/2019 4) Immokalee Fire Control & Rescue District: FY2019/2020 Budget & Supporting Documents 5) Key Marco Community Development District: Meeting Agenda 07/17/2019; 08/21/2019 Meeting Minutes 07/17/2019; 08/21/2019 6) Naples Heritage Community Development District: Meeting Agenda 05/07/2019 Meeting Minutes 05/07/2019 7) Quarry Community Development District: Meeting Agenda 09/16/2019; 10/21/2019 Meeting minutes 09/16/2019; 10/21/2019 8) Verona Walk Community Development District: FY19/20 Regular Meeting Schedule 9) Winding Cypress Community Development District: FY19/20 Regular Meeting Schedule B. OTHER: 1) Collier Park of Commerce Owner’s Association: 2020 Budget Material 2) Florida Forest Service: 2018-2019 Wildfire Protection Annual Report 3) Legal Advertisement: Bayshore Gateway CRA Invitation to Bid #20-7684 – Thomasson Drive 4) Letter from Florida Department of Economic Opportunity: Letter from Florida Department of Economic Opportunity to Board of County Commissioner’s Chairman William L. McDaniel, Jr. regarding Comprehensive Plan Amendment No. 19-02ESR 5) Letter from Florida Department of Economic Opportunity: Letter from Florida Department of Economic Opportunity to Board of County Commissioner’s Chairman William L. McDaniel, Jr. regarding Comprehensive Plan Amendment No. 19-03ESR 6) Letter of Understanding: Collier County Tax Collector Larry Ray “Letter of Understanding” regarding the use of an employee of the Tax Collector’s Office in the Everglades City Satellite Office/Library December 10, 2019 Page 226 Item #16J1 THE CHAIRMAN TO SIGN AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF’S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE AUTUMN WOODS SUBDIVISION Item #16J2 THE REPORT OF INTEREST FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, PURSUANT TO FLORIDA STATUTE 218.78 – THERE WERE NO INTEREST PAYMENTS TO REPORT Item #16J3 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF DECEMBER 4, 2019 Item #16J4 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN OCTOBER 31, 2019 AND NOVEMBER 27, 2019, PURSUANT TO FLORIDA STATUTE 136.06 December 10, 2019 Page 227 Item #16K1 RESOLUTION 2019-243: RE-APPOINTNG WILLIAM ARTHUR TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD WITH TERM EXPIRING ON DECEMBER 31, 2022 Item #16K2 RESOLUTION 2019-244: RE-APPOINTING LAURA DEJOHN, BLAIR FOLEY, JOHN CHRISTIAN ENGLISH, NORMAN GENTRY, MARIO VALLE, AND MARCO ESPINAR TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD WITH ALL TERMS EXPIRING ON DECEMBER 14, 2023 Item #16K3 RESOLUTION 2019-245: APPOINTING JEFFREY LUTZ TO THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE TO THE TERM EXPIRING JANUARY 12, 2021 Item #16K4 RESOLUTION 2019-246: APPOINTING JAMES CANTON TO A TERM EXPIRING ON JANUARY 8, 2023 AND APPOINTING DR. ROBERT JONES TO A TERM EXPIRING APRIL 13, 2023 TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Item #17A ORDINANCE 2019-42: THE ST. KATHERINE’S GREEK ORTHODOX CHURCH, INC., SMALL-SCALE AMENDMENT December 10, 2019 Page 228 TO THE ORANGE BLOSSOM MIXED-USE SUBDISTRICT OF THE FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89- 05, AS AMENDED, AND TO TRANSMIT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (ADOPTION HEARING) (PL20170003337/ CPSS- 2017-2) (THIS IS A COMPANION TO AGENDA ITEM #17B) Item #17B ORDINANCE 2019-43: AMENDING ORDINANCE NUMBER 2003-41, THE LONGVIEW CENTER PLANNED UNIT DEVELOPMENT (PUD), AS AMENDED, AND BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF 5.16 ACRES OF LAND PRESENTLY ZONED RURAL AGRICULTURAL TO INCORPORATE THE PARCEL INTO THE LONGVIEW CENTER PUD FOR A TOTAL PUD SIZE OF 19.9± ACRES; TO ALLOW CHURCH AND INSTITUTIONAL USES ON THE 5.16 ACRE CHURCH TRACT; TO ALLOW, ON THE 4.52 ACRE NORTH TRACT, 30,000 SQUARE FEET OF USES ANCILLARY TO A CHURCH, INCLUDING BUT NOT LIMITED TO CLASSROOMS FOR RELIGIOUS INSTRUCTION AND CONTINUING EDUCATION, OFFICES, A MULTI-PURPOSE BUILDING WITH KITCHEN, MEETING ROOMS, INDOOR RECREATION FACILITIES FOR CHURCH MEMBERS AND COMMUNITY GARDENS; OR TO ALLOW ON THE 4.52 ACRE NORTH TRACT 10,000 SQUARE FEET OF RETAIL USES AND 15,000 SQUARE FEET OF OFFICE USES; TO ADD A NEW EXHIBIT A- December 10, 2019 Page 229 1 MASTER PLAN DETAIL FOR THE NORTH TRACT AND CHURCH TRACT; TO AMEND DEVELOPMENT STANDARDS APPLICABLE TO THE NORTH TRACT AND ESTABLISH DEVELOPMENT STANDARDS APPLICABLE TO THE CHURCH TRACT; TO UPDATE CODE CITATIONS AND NOMENCLATURE; AND TO REPEAL ORDINANCE NO. 92-27, A CONDITIONAL USE FOR A CHURCH. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER AND SOUTHEAST CORNER OF THE INTERSECTION OF AIRPORT- PULLING ROAD AND ORANGE BLOSSOM DRIVE IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.9+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE (THIS IS A COMPANION TO AGENDA ITEM #17A) [PL20180002107] Item #17C ORDINANCE 2019-44: AMENDING ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT BEACH PLANNED UNIT DEVELOPMENT (PUD); BY AMENDING SECTION III, PLATTED LELY BAREFOOT BEACH UNIT #1 BLOCKS A THROUGH K, LOW DENSITY SINGLE FAMILY RESIDENTIAL, TO CLARIFY THAT THE REPLAT OF BLOCK E KNOWN AS PLATTED BAREFOOT ESTATES REMAINS PART OF THIS SECTION; BY AMENDING SECTION 9.4.7 MAXIMUM HEIGHT FOR TRACT D TO INCREASE THE HEIGHT FROM TWO STORIES ABOVE MINIMUM BASE FLOOD ELEVATION TO THREE HABITABLE FLOORS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY KNOWN AS THE BAREFOOT ESTATES December 10, 2019 Page 230 SUBDIVISION AND LELY BAREFOOT BEACH UNIT TWO SUBDIVISION IS LOCATED SOUTH OF BONITA BEACH ROAD IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA [PL20190001138] Item #17D ORDINANCE 2019-45: AMENDING ORDINANCE NUMBER 2006-61, AS AMENDED, WHICH REZONED THE SUBJECT PROPERTY TO A RESIDENTIAL MULTI-FAMILY-6 (RMF-6) ZONING DISTRICT WITH CONDITIONS, IN ORDER TO REMOVE A CONDITION OF APPROVAL RELATING TO AFFORDABLE HOUSING CONTRIBUTIONS AND AMEND A CONDITION OF APPROVAL RELATING TO RESTRICTIONS ON THE ISSUANCE OF CERTIFICATES OF OCCUPANCY UNTIL THE ROADWAY CONNECTION FROM WHIPPOORWILL LANE TO LIVINGSTON ROAD IS FULLY OPERATIONAL, FOR PROPERTY LOCATED APPROXIMATELY 3,500 FEET SOUTH OF PINE RIDGE ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE Item #17E – Moved to Item #9F (Per Agenda Change Sheet) Item #17F RESOLUTION 2019-247: PETITION VAC-PL20190001669, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF PRESERVE/REPLANT AREAS PA15 & PA16 OF VANDERBILT December 10, 2019 Page 231 COUNTRY CLUB-2, AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55, AND PRESERVE AREAS M-1, M-2, M-3, AND M-4 AS RECORDED IN OFFICIAL RECORD BOOK 2406, PAGES 549 THROUGH 589 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY ONE-QUARTER MILE EAST OF COUNTY ROAD 951 (COLLIER BOULEVARD) IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND TO ACCEPT PETITIONER’S GRANT OF A CONSERVATION EASEMENT TO REPLACE THE VACATED PORTION OF THE PRESERVE/REPLANT AREAS AND PRESERVE AREAS Item #17G ORDINANCE 2019-46: AMEND ORDINANCE NO. 2018-21 IN ORDER TO CODIFY THE BOARD’S APPOINTMENT OF ALTERNATE MEMBERS OF THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Item #17H RESOLUTION 2019-248: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET ***** December 10, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:53 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 410 CU. A PiA CHAIRMAN ATTEST CRYST*L K. KINZEL, CLERK i{fe5t� Othairman's lf�`r, 14}ti° stinture only. These minutes amt.? d bythe Board on ‘41-2t16, as pp I presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 232