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Agenda 07/14/2020 Item # 2C (Minutes - June 9, 2020)07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: June 9, 2020 BCC Meeting Minutes Meeting Date: 07/14/2020 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 06/25/2020 1:30 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 06/25/2020 1:30 PM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 06/29/2020 3:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 2.C Packet Pg. 23 June 9, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 9, 2020 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: Burt L. Saunders Andy Solis William L. McDaniel, Jr. Donna Fiala 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 June 9, 2020 Page 2 CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'll please take your seats. The meeting of the County Commission will please come to order. And, Commissioner McDaniel, would you like to again lead us in an invocation -- COMMISSIONER McDANIEL: I'd be happy to. CHAIRMAN SAUNDERS: -- and the Pledge. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE COMMISSIONER McDANIEL: If you'd all rise, please. Bow your heads with me. Heavenly Father, we ask thy blessings this morning upon these proceedings. Father, there are miracles all about us. Help us to realize and give thanks to you for those miracles that you provide for us every single day. Father, as always, we ask that you keep close and protect those who fight for our freedom every single day. Keep our first responders and law enforcement officers close as well. In thy name I holy pray. Amen. COMMISSIONER FIALA: Amen. MR. OCHS: Amen. COMMISSIONER McDANIEL: With me, ladies and gentlemen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Good morning. I appreciate many of you are wearing masks, and I always wear mine whenever I'm going into a building. As things are opening up, the virus hasn't gone away, so I really appreciate everybody exercising social distancing June 9, 2020 Page 3 and wearing masks whenever you're out in public whenever you have that opportunity. Mr. Manager, let's go through the changes to the agenda. MR. OCHS: Yes, sir. Good morning, Mr. Chairman and Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of June 9th, 2020. The first proposed change is to withdraw Item 16A4 from your consent agenda. This is a contract award for lawn mowing and various county rights-of-ways and easements. That's being withdrawn at the staff's request. The next proposed change is to move Item 16A17 from your consent agenda to become Item 11F under the County Manager's report. This is a recommendation to approve the eligibility of the Disaster Permit Fee Program for victims of the 36th Avenue Southeast fire, and that item is being moved at Commissioner McDaniel's request. And we have a few time-certain items, Mr. Chairman. Item 11A, which is the item to hear the presentations from the proposed development projects on the former Golden Gate Golf Course, will be heard immediately following Item 7, which is your public comments on general topics. Item 11B will be heard no sooner than 10:45 a.m. this morning; that's the -- that's the discussion of candidates for your Hearing Examiner contract. Items 9A and 9B, which are your public hearing items, that's the ShadowWood PUD and the Hyde Park Village Rural Lands Stewardship Receiving Area petitions will be heard no sooner than 1:00 p.m. And, finally, Item 11E will be heard immediately following 9B. That's the developer agreement that's the companion item to the Hyde Park petition, and those are all the changes that I have, sir. June 9, 2020 Page 4 CHAIRMAN SAUNDERS: Okay. We do have a couple items that we're going to take up prior to voting on the agenda and the consent agenda. We'll see if there are any other changes first. Mr. Klatzkow, do you have any changes? MR. KLATZKOW: No, sir, thank you. CHAIRMAN SAUNDERS: Ms. Kinzel, no changes to the consent agenda? THE CLERK: No. Thank you. CHAIRMAN SAUNDERS: Okay. Any changes from the Commission? COMMISSIONER TAYLOR: Yes. Just -- CHAIRMAN SAUNDERS: All right. We do have the -- a proclamation on there. And, Commissioner Taylor, would you like to present that proclamation and read that proclamation? COMMISSIONER TAYLOR: Yes. MR. OCHS: Mr. Chairman, I'm sorry for the interruption. I think we do have at least one registered speaker that wants to speak before you set your agenda. CHAIRMAN SAUNDERS: Right. Yeah, we're going to get to that. That's why we're not voting on the agenda just yet. So we have a proclamation, then we'll get to comments on the consent agenda, and then we'll have a vote on that. So, Commissioner Taylor, if you'd like to present the proclamation. Item #4A – Read into the record by Commissioner Taylor (prior to agenda approval) PROCLAMATION RECOGNIZING THE EXCEPTIONAL CONTRIBUTIONS OF TEACHERS AND ADMINISTRATORS WITHIN COLLIER COUNTY PUBLIC SCHOOLS WHO June 9, 2020 Page 5 CONTINUED THE EDUCATION OF STUDENTS THROUGH ELEARNS DURING THE COVID-19 (CORONAVIRUS) PANDEMIC, WHICH CAUSED THE CLOSURES OF SCHOOL CAMPUSES IN THE SPRING OF 2020. THE PROCLAMATION WILL BE DELIVERED TO KAMELA PATTON, PH.D., SUPERINTENDENT, COLLIER COUNTY PUBLIC SCHOOLS – ADOPTED; ACCEPTED VIA ZOOM BY SUPERINTENDENT KAMELA PATTON) COMMISSIONER TAYLOR: I'd be honored. I'd be honored. For those of you that have children, you will resonate soundly with this proclamation. For those of you that are grandparents or have no children, there was a yeoman's task being conducted in this county with our children since the COVID virus brought everyone safer at home, and I'd like to read this proclamation to honor those people. Whereas, on march the 13th, 2020, the Commissioner of the Florida Department of Education directed all public schools to close for two weeks; Whereas, Collier County was one of four counties out of the 67 to lead the way in virtual learning through campus closures; and, Whereas, Collier County Public Schools e-learn began on March the 23rd with teacher-led virtual instruction starting on March 30th and more than 45,000 students engaged in a flexible online learning format for the last nine weeks of the 2019/2020 school year; and, Whereas, CCPS distributed more than 15,000 mobile devices, including laptops, iPads, and Internet hot spots, and school and district staff provided parents with ongoing support regarding district laptops, Internet access, course materials, and numerous other resources; and, Whereas, principals and other school administrators are also to be commended for their incredible leadership working firsthand with June 9, 2020 Page 6 teachers and families; and, Whereas, teachers and students displayed grit, resilience, creativity, and a willingness to adapt to a new educational model through the district-wide platform of e-learning on the Canvas learning management system; and, Whereas, school and district staff also provided parents with ongoing communication, being social media, weekly videos, and newsletter providing timely updates for parents and students; and, Whereas, the school district continued providing breakfast and lunch on March the 17th -- and on March -- and May 29th served the one-millionth meal; and, Whereas, more than 3,100 CCPS teachers supported students in being college, career, and life ready by ensuring instruction continued despite a global pandemic. Now, therefore, be it proclaimed that the Board of County Commissioners of Collier County, Florida, recognizes the exceptional contribution of teachers and administrators within Collier County Public Schools who continued the education of students through e-learns through the COVID-19 pandemic which caused the closure of school campuses in the spring of 2020. Thank you very much. CHAIRMAN SAUNDERS: And we have -- COMMISSIONER TAYLOR: Superintendent Patton? CHAIRMAN SAUNDERS: -- Dr. Patton. Good morning. DR. PATTON: So good morning. Good morning. And thank you, Commissioner Taylor, for that incredible proclamation . We all, as in all of our 3,200 teachers and all of our administrators, thank you for recognizing the diligent work for, as you said, be able to flip that so quickly. We appreciate your recognition. June 9, 2020 Page 7 Even today as we speak, our administrators are all on virtually. We usually meet with them in person at this time of the year, and their topic is "leading in ambiguous times" today. So no more appropriate topic than that. And just to let you know, we wanted to also give a huge thank you and shout out to our parents, parents and grandparents, all of whom -- we couldn't have done this e-learning without someone at home working side by side with folks. So a big shout out to our parents. And much like we're having that chance to download with our administrators and think ahead, we also have on June 15th a session for parents at noon that kind of will help them have an opportunity to think through how did those couple of months work with them. We already have 756 families signed up for that. And just want to, again, thank the county commissioners, all of you for your time and Commissioner Taylor in particular for this proclamation. We thank you. CHAIRMAN SAUNDERS: Thank you, and congratulations for an incredibly well done job. DR. PATTON: Thank you. CHAIRMAN SAUNDERS: Any comments from the Commission in addition? COMMISSIONER McDANIEL: Just to echo what's already been said. CHAIRMAN SAUNDERS: Thank you. MR. OCHS: If we can get a motion to approve this morning's proclamation. CHAIRMAN SAUNDERS: Yeah. We're going to do a motion to approve the consent agenda, and this is on that agenda, I believe . It's not -- MR. OCHS: It's on the regular agenda today because -- CHAIRMAN SAUNDERS: Then we need a motion to approve June 9, 2020 Page 8 the proclamation. COMMISSIONER TAYLOR: I'll make a motion to approve the proclamation. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Thank you. COMMISSIONER TAYLOR: Well done. Well done. DR. PATTON: Thank you. Item #2A TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – (COMMISSIONER MCDANIEL VOTED NOT TO APPROVE THE LIGHTING AMENDMENT PORTION OF THE LDC AMENDMENTS FOR ITEM #17D); (SPEAKER ON ITEM #16K4 – JAMES BOATMAN) – APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN SAUNDERS: And we're back on the agenda and the consent agenda. We need to go through the Board to see if there June 9, 2020 Page 9 are any ex parte communications. So we'll start with Commissioner McDaniel and work our way to the right here. Any ex parte? COMMISSIONER McDANIEL: And not on the consent or summary, no. I do have one notation. And if you'll indulge, I left my notes in the truck this morning. I have something on the consent agenda. It's not an absentia or not an abstaining vote. It's just a note -- a statement, and I left my notes in the truck. But on 17A this morning on the summary agenda there -- those are those LDC amendments, I can't continue to support the change in the lighting LDC. I voted against it the last time. It's in here in the summary. I just want to register that as a -- on all those LDC amendments, that's the one that I have an issue with. CHAIRMAN SAUNDERS: You want it to be registered as a no vote for you on those? COMMISSIONER McDANIEL: Just on the lighting circumstance. All the other ones I'm okay with. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: And I -- again, at the break I'll run down to my truck and get the other one and let you know about it. It's virtually inconsequential. I just forgot the notes. And with your permission, I'll do it then. CHAIRMAN SAUNDERS: Okay. But we're going to vote on the consent agenda, so if you have -- COMMISSIONER McDANIEL: I'm okay with that. COMMISSIONER FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Nothing on the consent agenda or on the summary agenda. CHAIRMAN SAUNDERS: Commissioner Solis? COMMISSIONER SOLIS: Yes. I've received some emails from several constituents, Mr. Cleveland, Ms. Percio (phonetic), Ms. June 9, 2020 Page 10 Graves and Ms. Straight (phonetic) on 17A. Other than that, nothing. CHAIRMAN SAUNDERS: Commissioner Fiala? COMMISSIONER FIALA: Nothing on the consent or the summary agenda. CHAIRMAN SAUNDERS: All right. And I have nothing as well. So we're back on the agenda and the consent agenda. I understand we have one registered speaker on one of the items on consent. MR. MILLER: Yes, sir. Item 16K4, you have a registered speaker. James A. Boatman. CHAIRMAN SAUNDERS: Mr. Boatman. And what are our procedures for that? I know Mr. Boatman has a limited amount of time. MR. MILLER: Three minutes. CHAIRMAN SAUNDERS: Three minutes. Is that the standard? Okay. Good morning. MR. BOATMAN: Good morning. Thank you very much. Just for the record, I'm not an anti-5G activist. I'm an anti-ignorance activist, and that's really why I have come before the Board both previously and now. When I was last here it was evident that the Board didn't know what it didn't know vis-a-vis 5G. And my singular goal is to have the Board move from a place of ignorance to awareness and then govern from that standpoint. That's it. Now, what we do know from the county attorney's recommendation and report is that there is litigation out there already, and the idea is, well, since there are other cities and counties that are years ahead of us vis-a-vis the public policy analysis and legal analysis, let's just let them take the lead on it, and I actually think that's a very practical approach, and I commend the County Attorney on that aspect. I do not think that there should be any litigation at this June 9, 2020 Page 11 time; however, it sort of begs the question as to, well, what was the outcome of that analysis? Now we know what we didn't know, but now we have questions as to, okay, so what don't we know? We don't know why the local governments have spent millions of dollars and hired attorneys. I'm talking about municipalities from 25 different states, including the City of New York, Los Angeles, and then lots of little entities, why are they so worked up over 5G? We don't know that. My prior presentation concluded with the ask that we set up a committee. Let's figure out is there anything to these 5G concerns? And, if so, what would be a rational approach? It's not going to be litigation right now, but there may be some other things. And with regard to the other things, I took the liberty to reaching out to Gary Resnick who is an excellent lawyer from an excellent firm, Gray Robinson. You may have heard of that firm. He represents the League of Cities. And he wrote me an email. I've given it to you there. And he indicated that he would be happy to come before the county and advise, okay, so since our hands are so tied, are they as tied as our code would suggest, or do we actually have some more capacity to govern into the issue of where they put their poles, okay, and what the poles look like, et cetera. So if we can govern anything right now, let's figure out what we can govern, because if you look at the ordinance that we have right now, it doesn't seem to recognize that we have capacity. So I'm just asking, it's too late for us to lead on this issue, but let's at least go from a position of ignorance to awareness and begin to govern from there. So I appreciate the Commission for allowing me to speak this morning. COMMISSIONER FIALA: Excuse me. CHAIRMAN SAUNDERS: Okay. Commissioner Fiala. June 9, 2020 Page 12 COMMISSIONER FIALA: What is your name? MR. BOATMAN: My name is Jim Boatman. COMMISSIONER FIALA: Pardon me? MR. BOATMAN: Jim Boatman. COMMISSIONER FIALA: So for the court reporter. And your topic was 5G? MR. BOATMAN: Yes, ma'am. COMMISSIONER FIALA: When you started talking, none of these things were evident, so I thought the audience didn't know who you were and what you were talking about. Just to make it clear. That's all right. MR. BOATMAN: No. I apologize. I'm new at this. Thank you for clarifying. CHAIRMAN SAUNDERS: All right. We have a recommendation from our staff not to proceed any further with this issue, and that's on the consent agenda. The question for us this morning is do you want to pull that off the consent agenda and have further discussion, do you want to continue this to another commission meeting to have further discussion? Commissioner McDaniel. COMMISSIONER McDANIEL: My light went on for something else. CHAIRMAN SAUNDERS: Oh, okay. COMMISSIONER McDANIEL: But since you asked the question. I know I would like to ask the County Attorney if you would, please -- you've already shared with me privately your thoughts with regard to this. My understanding, per our conversation yesterday, is that we are preempted from doing anything regulatory-wise with regard to this, and I would like to hear that from you. MR. KLATZKOW: We have some leeway in the regulations of June 9, 2020 Page 13 where they put their units. Board of County Commissioners passed an ordinance on this about two years ago where we have some regulation on the placement and the aesthetics of this . So that part of it has already been done through your staff. As far as the other issues raised by Mr. Boatman, you know, I understand the issues and they're important. And I'm more of a pragmatist. Gun control's important, immigration's important, and we could have hearings on that, but you're preempted. You can't do anything about it. And from my standpoint, I'm not sure why the Board would want to spend hours in public hearings discussing an issue that at the end of the day you have no power over. And I understand it's more of a pragmatist approach, but that's what I am . CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: We spoke about that yesterday, sir, and you said the same things. And I received several emails asking that we have public hearings. And then I -- you know, I decided this morning that I wanted to discuss whether we wanted to bring it back; not to discuss it today, but to perhaps educate ourselves a little bit more on this issue from experts, perhaps the attorney at Gray Robinson that's involved in this litigation. The city I represent in my district is involved in this, I understand, the City of Naples, I guess, or at least the League of Cities. So it's something that I don't take lightly. But I understand the issue is about where it's placed, about money; it's not about health. And my concern is, from what I read in my emails today, those folks that are writing in are concerned about health. COMMISSIONER McDANIEL: Are those the ones that are insinuating that I'm a hypocrite if I don't do anything about this? I took offense to that. COMMISSIONER TAYLOR: Oh, I don't take offense to it. COMMISSIONER SOLIS: It is an interesting way to want some June 9, 2020 Page 14 help. Let's start with an insult. It's kind of interesting. COMMISSIONER McDANIEL: It was obviously a form letter, and the third paragraph -- COMMISSIONER TAYLOR: Yes. COMMISSIONER McDANIEL: -- insinuated that if I didn't do anything I was a hypocrite, and I was -- I quit reading. CHAIRMAN SAUNDERS: Well, we know that you're not a hypocrite, so let's make a decision as to whether or not we're going to -- COMMISSIONER TAYLOR: I'm willing to listen to my colleagues because I haven't decided yet. CHAIRMAN SAUNDERS: I don't have any particular issue with continuing the dialogue, not setting up a hearing, but giving the commissioners, independently, an opportunity to review the documentation that we have from Mr. Resnick. I will say he's from an excellent firm, as was noted, but he's not inexpensive . So I'm not prepared to spend any money, but I've not had any real opportunity to take a look at the lawsuit or the presentation from Mr. Resnick. And so I don't have a problem in just continuing -- removing this from the consent agenda in the sense of it being a recommendation to not do anything and then have individual commissioners take a look at the package, and if there's a desire to put it on an agenda, let's do that. Commissioner Solis. COMMISSIONER SOLIS: Well, it may be six of one, half dozen of the other but, I mean, we can always bring an item back if one of us feels that there's enough there to go on and we should have some hearing. I mean, I'm with the County Attorney. I've looked at this, and, you know, I don't know that -- I wouldn't be in favor of spending a lot of staff time researching these things, taxpayer dollars on something that we just can't really have an impact on and -- or creating a commission or something that -- or a committee that also June 9, 2020 Page 15 requires staff time. You know, I'm just -- CHAIRMAN SAUNDERS: What I was suggesting is that let's not make that final decision today. Let's just pull this off the consent agenda, and then if any commissioners want to bring something back after reviewing the material that we now have -- because I don't know about you, but I haven't had a chance to look at the stuff that was presented this morning. And if no one wants to bring it back, that's fine. That's all I was suggesting. COMMISSIONER SOLIS: A question for the County Attorney, and I may have asked this last time, but what is the Association of Counties' position on this? MR. KLATZKOW: And I've had extensive conversations with them over the last couple years on this. The primary issue that Florida Association of Counties have had is the money issue where the providers are basically being subsidized by the taxpayers for the use of this -- of the right-of-way. Now, I understand why, because at the end of the day you either pay for it through your cell phone bill or you pay for it through your taxes, and it's probably a wash at the end of the day anyway. But it's been largely -- it's been -- not largely. It's been entirely a money issue for FAC and local governments, in Florida anyway. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I agree. And when you're talking about pulling it off the consent, is that to make an adjustment to not take the current recommendation that's on the consent now, to not take any action but to allow us to have further dialogue? CHAIRMAN SAUNDERS: Yes. Exactly. Just take a look at what we have, and if any commissioner wants to bring this back -- COMMISSIONER McDANIEL: I think that's a very sage path. I actually found the email that I spoke of a couple of weeks ago from one of my constituents who has already entered into a lease on a 5G June 9, 2020 Page 16 tower and has a lot of information that I think will help us in further exploring what's, in fact, going on. CHAIRMAN SAUNDERS: Well, I think there may be a consensus to take this off the consent agenda for today, not to take any action, not to direct staff to do anything, but simply for each commissioner to have an opportunity to review the materials, and if one of us wants to bring it back at our next meeting or our meeting in July, we have that opportunity. If no one wants to bring it back, that will be the end of our discussion until a further date. Is that acceptable to the Board? Does that -- COMMISSIONER TAYLOR: Yes. CHAIRMAN SAUNDERS: -- make some sense? All right. Then thank you, Mr. Boatman. MR. BOATMAN: Thank you, sir. MR. OCHS: So this item is withdrawn, essentially. CHAIRMAN SAUNDERS: Just withdrawn basically, yes. All right. Anything else on the agenda and consent agenda before we take a vote to approve that? Commissioner McDaniel. COMMISSIONER McDANIEL: The County Manager has a better memory than I do. I spoke with him yesterday, and I wanted just to acknowledge an item that's on the consent agenda, and that is the waiver of the fees for our concessionaires that are conducting business at our beaches and stuff, and I just -- I wanted to publicly acknowledge that. It was Item 16D10. Because I know we've got correspondence from some, and I just wanted to make that acknowledgment as well. That was the note that I left in my truck, so... CHAIRMAN SAUNDERS: All right. So we have a -- we need a motion on the consent agenda. COMMISSIONER FIALA: Motion to approve. June 9, 2020 Page 17 CHAIRMAN SAUNDERS: We have a motion and a second. That motion includes the exclusion of your vote, or your negative vote on that one item. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Before we move on to the regular agenda, I want to talk a little bit about our featured artist, and if you'll look in the back of the room there, there's some fantastic photographs to help brighten our facilities here. The featured local artist of the month, two of them, Heather and James "Bubba" Pilkenton. They are a husband-and-wife photography team in Naples. The sky, water, sand, and wildlife on the Gulf of Mexico and the unique beauty of the vast Everglades provide endless inspiration for them to capture surroundings through the camera lens. The shells, sea glass, and sea life they encounter on their adventures are the inspiration and raw materials for their locally sourced hand-made jewelry. Heather and James have participated in art shows during the season through the Naples Art Association, Art in the Park, and Naples Art Crafters. They're excited to share their art with a broader audience and are always seeking new opportunities to do so. So I want to thank our Artist of the Month for their presentation for this. Mr. Manager? June 9, 2020 Page 18 MR. OCHS: Yes, sir. June 9, 2020 Page 19 Item #2B MAY 12, 2020 BCC MEETING MINUTES – APPROVED AS PRESENTED Mr. Chairman, we go to Item 2B, and that's approval of the Board of County Commissioners' meeting minutes of the May 12, 2020, meeting. COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: We have a motion and a second to approve the minutes. Any discussion? (No response.) CHAIRMAN SAUNDERS: If not, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. OCHS: Mr. Chairman, before we go to Item 7, I understand you'd like to move our staff presentation on the COVID-19 status report forward. CHAIRMAN SAUNDERS: Yes. I believe we have some people that are kind of waiting for that that want to be part of that presentation. So let's -- without any -- if there are no objections from the Board -- COMMISSIONER FIALA: Yeah. June 9, 2020 Page 20 CHAIRMAN SAUNDERS: -- let's move on to that. Item #11D RECOMMENDATION TO ACCEPT THE COVID-19 STATUS REPORT AND PROVIDE FURTHER DIRECTION AS APPROPRIATE – ACCEPTED; UPDATE PROVIDED MR. OCHS: Yes, sir. That's item 11D on this morning's agenda. It's a recommendation to accept the COVID-19 status report and provide further direction as appropriate. We have Ms. Stephanie Vick, your director of public health, here to begin the presentation. CHAIRMAN SAUNDERS: And as Ms. Vick approaches the podium, I just want to advise the Board, Miami-Dade County will be opening their beaches on Wednesday. I know that was a difficult issue for us last week. COMMISSIONER FIALA: And Fort Lauderdale's already open, right? COMMISSIONER TAYLOR: Broward's open. MR. OCHS: Broward, yes. CHAIRMAN SAUNDERS: Yes. And Palm Beach is open as well. Good morning. MS. VICK: Good morning. Stephanie Vick, administrator for the Florida Department of Health in Collier County. It's good to be here with you this morning. I also brought with me Elizabeth Nunez from the Medical Examiner's Office. She's the director of operations. And when I get into death issues, she's going to speak a little bit about their processes, because I know that has come up several times whenever June 9, 2020 Page 21 I've made presentations. So -- let's see. MR. OCHS: Troy? MS. VICK: Are we up here? MR. OCHS: You will be. MR. MILLER: I don't know that we have a PowerPoint. MS. VICK: Actually, I have to correct myself. The Medical Examiner herself is here, Dr. Marta Coburn, and so she'll be speaking with us instead of Elizabeth. Okay. Let's just start out with some general statistics here this morning. In Collier County so far we've done 20,909 tests, and of those, about 2,000 have been positive, which gives us just under a 10 percent positivity rate as a county. And you're going to see some differences when we look at the county as a whole versus a portion of the county, which Immokalee is what I'm going to be talking about later on today. So most of those cases, of course, have been acquired in Florida. Our mortality data -- and this was as of yesterday -- we had 57 Collier residents who had died. We had seven non-Collier residents. With a total death count of 64. Now, I'm going to have Dr. Coburn talk a little bit about what happens in the Medical Examiner's Office, so... CHAIRMAN SAUNDERS: Good morning. DR. COBURN: Good morning. I'm Dr. Marta Coburn. I'm your District Medical Examiner, and I'm here to answer any questions or concerns that you have regarding how we determine cause of death and how we either contribute, or the main cause is COVID, because I understand that there's some concern as to this. I just want to let you know that the reason the Medical Examiner's involved is because it is part of our statute. Florida Statute 406.1 lists all of the situations under which we would assume June 9, 2020 Page 22 jurisdiction, of which a threat to public health is one . And, certainly, when we have an emerging virus or any other kind of public health threat, the Medical Examiner would be responsible for investigating all of those deaths, and much like occurred during the AIDS epidemic in the beginning of the epidemic in the late '80s. So the Medical Examiner takes jurisdiction, and we investigate all of those deaths in order to make sure that we have uniformity and that all of the information is being looked at in a cons istent manner before reporting out the final determination. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I'm just curious. And I can't say that I understand, so I'm going to ask maybe a stupid question. So on the morality data, 57 Collier residents, the non-Collier residents, are those nonresidents that have died in Collier County or somewhere -- DR. COBURN: Correct. COMMISSIONER SOLIS: In Collier County? DR. COBURN: Correct. The Medical Examiner statute in Florida requires that any person who dies within their jurisdiction that -- my jurisdiction is all of Collier County, District 20 -- be investigated by the Medical Examiner Office if it's one of the cases that come under my jurisdiction, regardless of where the original incident may have occurred. COMMISSIONER SOLIS: Okay. DR. COBURN: So this is not unusual. We have cases of people who are shot in Lee County and die in North Collier, and then we have to do the autopsy. We have to investigate. We go to court. COMMISSIONER SOLIS: Okay. But they died here. They weren't nonresidents that were diagnosed here and then went somewhere else, and maybe died somewhere. Okay. DR. COBURN: No, if they die somewhere else, that's not my June 9, 2020 Page 23 jurisdiction. COMMISSIONER SOLIS: Okay. I just wanted to make sure I understood that correctly. Thank you. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning. DR. COBURN: Good morning. COMMISSIONER McDANIEL: And there's a lot of information flying around, and that's one of the things that we're trying to dissect as we're going through this process. In regard to the cumulative total of fatalities, can you share with us the cases with regard to positive and not positive COVID cases that have come forward? I've been led to believe that 100 percent of the fatalities are being marked as or from COVID; is that correct? DR. COBURN: Well, I don't know that I understand your question precisely, but I'll try my best to answer and see if we can get there. COMMISSIONER McDANIEL: I may not have asked it very clearly. If you would like for me to rephrase it, I can. DR. COBURN: Sure. COMMISSIONER McDANIEL: If you would please share with us, of the 57 or 59 total fatalities, how many are designated as COVID or COVID-19 related? DR. COBURN: All of them. Whatever is on my list each day is because it has already been determined by way of review of medical records, investigation with the discussions with the family, the patient's doctor, radiology, et cetera, and then we look at the totality of the information, as we can do on every case, before rendering an opinion as to cause and manner of death. And we only list -- on the final list where we list COVID as either a main cause or a contributory cause, it is because it has gone through this extensive review and investigation and we have determined that, yes, COVID is June 9, 2020 Page 24 associated or the primary cause of death. COMMISSIONER McDANIEL: Okay. So 100 percent -- DR. COBURN: We would never -- for example, if you have a gunshot wound in a patient who has been found to be COVID positive, we would never list that on a death certificate. COMMISSIONER McDANIEL: As the primary cause. DR. COBURN: Because that's -- no, not at all, not even as a secondary cause. COMMISSIONER McDANIEL: Okay. DR. COBURN: Because that is absolutely not related to the death. And many, many other cases could be examples of those. We only list COVID deaths when COVID is a factor in the death, either the main factor or a contributory because, as you know -- COMMISSIONER McDANIEL: Right. DR. COBURN: -- there are reports, and everyone knows this, that many, many, many, if not the majority -- in fact, all of ours, including the two younger people who were under 40, have comorbid conditions, and those comorbid conditions are very important to list on the death certificate in addition to COVID. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Are there -- in making this determination that a fatality was COVID related, I mean, are there guidelines that you're supposed to follow as a Medical Examiner to make that determination? DR. COBURN: Yes. COMMISSIONER SOLIS: And who sets up those guidelines? Where do they come from? DR. COBURN: Well, as you know, this is an emerging virus, and the criteria changed from the beginning to now. At the beginning we weren't looking at all of the other comorbid conditions and the things that we now think -- the medical community now thinks may June 9, 2020 Page 25 have an impact on causing a death. For example, you know, the medical literature now states that these -- that COVID can be associated with microthrombi. So these are little blood clots in the lungs, not a pulmonary embolism necessarily, and also there's been talk about with causing a myocardial infraction and stroke and other types of diseases. So we look at these things very carefully and we've, of course, over the course of time -- you know, at the beginning we didn't know that people who had loss of taste and smell, for example. So all of these things have been included as part of our criteria . But the most important things that we look for are, you know, the typical things, the fever, and very important, the cough, the radiology changes. Those are the things that have been listed by the medical community as the things to look for. COMMISSIONER SOLIS: Okay. And that's really -- my question was, where does this criteria that you look for come from? I'm trying to get a sense, because we're always questioning things. And so where does that come from, the criteria that you rely upon? DR. COBURN: It comes from the medical literature. It comes from the community. It comes from the Health Department. It comes from the CDC in large part. COMMISSIONER SOLIS: Okay. DR. COBURN: It's driven by the CDC. COMMISSIONER SOLIS: All right. Thank you. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I was just wondering if it's your office that can tell us how many of these people that have died were from nursing homes. DR. COBURN: Yes. I have all that information. I can tell you that the majority are from nursing homes in our county. COMMISSIONER FIALA: You say the majority of them are June 9, 2020 Page 26 from nursing homes? DR. COBURN: Yes. The majority are from nursing homes. Some do die at home. And I say "at home" meaning that they're transported to the hospital. They came from home. They didn't come from the nursing home. And so the death at the hospital is really just a side issue. They come from home or they came from nursing homes, in large part, but mostly nursing homes is the majority of our cases, as is the age; very, very elderly, in many cases even over 100 . Like I said, we've had a few cases, maybe two, that have been under 40 or around 40. I know we have a 33-year-old, but also with comorbid conditions. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: You see the problem the public has, or at least this commissioner has, and the reason at least I want to ask you these questions, because this is the first time in 12 weeks of this, I guess it's about 12 weeks, that I've heard that everyone who has died in Collier County had comorbid conditions. For me as a laymen that's significant for my thinking of myself, well, how healthy am I? You know, I'm of the age. I'm at that vulnerable age. But also for the public. And this is not a criticism of you, because you just stated this: The CDC sets the standards. But I think -- if there's an agreement here, I think we need to register our great concern that as we move further into this documentation, which is essential -- I'm not minimizing the importance of this documentation -- that somehow we are able to identify these very important significant characteristics of the deceased; that they do have a comorbid -- DR. COBURN: And they are. COMMISSIONER TAYLOR: And they are. DR. COBURN: In every single death certificate that we have -- COMMISSIONER TAYLOR: But not for the public to look at, June 9, 2020 Page 27 you know. There's not a column that says no comorbid -- DR. COBURN: Comorbid condition. COMMISSIONER TAYLOR: Yeah, no -- you know, and it's more for public understanding. DR. COBURN: Well -- COMMISSIONER TAYLOR: And that's not a criticism. You're going to do what -- DR. COBURN: I mean, I watch television just like everyone else, and I also listen to the news conferences by the CDC and Dr. Fauci and the President, and I think that the concept of comorbid conditions has been shared with the public. COMMISSIONER TAYLOR: Yes. DR. COBURN: And I think that the medical community is certainly well aware of it. Now, our hands are somewhat tied as to what we can release with regard to names, because we cannot release medical -- private medical information from any person even though our autopsy reports may be public record, but our cause of death and manner of death is not in the medical records. And as you know, never lose confidentiality, regardless. So we can -- and we have gotten this information out to many media outlets, and we've explained all of this. We cannot give them a case number or a name associated with this, but in general terms I can tell you that in many cases we have hypertension; diabetes; the male gender is also known to be somewhat more at risk; obesity; other comorbid conditions such as asthma. Surprisingly, we don't see on our review as much chronic obstructive pulmonary disease as we thought we might, but it is there . So many of these other comorbid conditions -- the big ones I've explained. The diabetes, the hypertension, coronary artery disease, and asthma, those sorts of things, are almost always in every single cause -- contributing cause or in the primary cause. June 9, 2020 Page 28 Often a death certificate might be signed out something like hypertensive heart disease in the setting of COVID-19, and whether there's infection or just positive. I mean, we're very -- we're very careful, and we're very conservative as to how we call things. We also have been including -- in any case, suicide versus accident, et cetera, and we try to do the same here. So where we think that there might have been a COVID-19 infection, we'll call it infection, but where we think it's just positive, we may even have said asymptomatic comma or in parentheses COVID positive, because we want to really make sure that we put out the correct information on each and every case. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And that is -- I share Commissioner Taylor's -- I don't want to -- yeah, it's concern, simply because, I mean, it's as clear as mud to you, but we only get what you send us. We don't have an opportunity to review every single death certificate. We don't have a review or an opportunity to discern positive and negative cases. And a simple delineate -- for me, a simple delineation of positive/not positive would segregate -- because then we could actually -- the laymen, I think, I could look at that and say, these folks died of COVID contributing to their comorbidities . These folks died -- or from comorbidity while COVID was amongst us, and that's the -- that little delineation between positive, having passed while positive, and having passed while not would allow -- because right now 100 percent are being marked. DR. COBURN: I don't think that's -- I don't think that's clear. What I count as COVID positive has gone through that process, and we have determined that COVID is a factor in every one of these 50-something cases that we have to date, till right now. COMMISSIONER McDANIEL: Okay. DR. COBURN: Every single one of those. That doesn't mean June 9, 2020 Page 29 that that's all the cases that we've looked at. We've -- we've already removed the cases where we have determined that they might have been COVID positive, but they didn't -- COMMISSIONER McDANIEL: Passed -- DR. COBURN: They didn't die of that, exactly. COMMISSIONER McDANIEL: Something along those lines. DR. COBURN: Exactly. We don't -- we do not count those as COVID deaths, correct. COMMISSIONER McDANIEL: All right. So -- and just as clarification for me. My question is, then, this is not 100 percent of the fatalities that have transpired in the past three months. This is strictly those that you feel have passed with a contribution from the virus? DR. COBURN: One hundred percent of the people who have passed that have come to my office from all causes of death? COMMISSIONER McDANIEL: That's what I was -- DR. COBURN: No, no, no. There's many, many more. COMMISSIONER McDANIEL: I mean, this is an important thing. DR. COBURN: Yes. COMMISSIONER McDANIEL: I mean, there's a lot of manipulation of datasets -- DR. COBURN: Yes. COMMISSIONER McDANIEL: -- out there, and I wanted -- DR. COBURN: Yeah. No, I understand. I mean, you know, we're still handling suicides, homicides, drug o verdoses, drownings, hangings. I mean, that just -- that doesn't cease. Yeah, so -- CHAIRMAN SAUNDERS: I think you've been very clear, so thank you very much. Mr. Ochs, do we have some more on the -- I assume Ms. Vick is going to present? June 9, 2020 Page 30 MR. OCHS: Yes, sir. DR. COBURN: Thank you. CHAIRMAN SAUNDERS: Thank you, Dr. Coburn. MS. VICK: Okay. I thought that was really important to do, because that comes up frequently when we do presentation. Okay. So let's look at some of the gating criteria here, what's been happening over the past two weeks. And we have influenza-like syndrome. As people come into the emergency department and they have influenza-like -- like coughing and fever and those sorts of things, and then -- versus COVID, which is more fever, difficulty breathing, may have a cough, but with influenza generally they have upper respiratory, sneezing, runny nose, those sorts of things . In both cases we're seeing a downward trend overall in the county for people that are coming into the emergency department. That's a good thing. Okay. So now we have a number of identified COVID cases in Collier County and then the percentage of people who test positive whenever we -- when we do testing, okay. So -- and I want to just stop and explain that when I give you the total number of cases that have been found -- have been found in Collier County, and that's through testing either in the hospital, at our mass testings, in the clinics, that's total from the first day we started the counting for those cases. So if we have 2,000-some cases, not those 2,000 found cases are currently active COVID cases, because, you know, we've been at this for 12 weeks, so many of those have recovered. And I think Commissioner McDaniel often asks for the recovered figure. And the only time I've been even able to come close to that -- because I know Commissioner Fiala has asked for that, too -- is the one time that it was published, according to the CDC guidelines of what counts as recovered. And just out of that one figure, if I just go based on that, then I would say about a quarter of the total found cases that are being reported are currently active. June 9, 2020 Page 31 So if you have 2,000, probably about 500 are currently active right now. Okay. All right. So anyhow, in this particular accounting of cases, just the number of cases is going up. But we decided that really wasn't a good thing to look at because -- why? Because we're increasing testing. We're doing mass testing. We're doing pop-up spot testings, especially in the Immokalee area. We did almost 3,000 in the Greater Naples area at the North Regional Park and at the south library, and so that increases numbers of cases because you don't get out of doing a testing without having some positive cases. It hasn't happened to us. What I can tell you is that when we have done the cases in the Greater Naples area, the posit ivity rate that we got out of those two mass testings was running somewhere between 4 and 6 percent in the Greater Naples area. Immokalee's an entirely different thing. It's much higher. And it depends on who is reporting to you. If you have a very small number of people that are being tested, for instance, Doctors Without Borders was doing maybe 50 at a time, and so if 25 of the 50 came back, they're saying that there was a 50 percent positivity rate. We have not found that in all of our testing that we've done. It comes out closer to 18 percent. But 18 percent is much, much higher than the rest of Greater Naples, okay. All right. Then we watch the percentage of persons who test positive. What we want to do, we want to be below 10 percent, and we want to keep going down. Now, if you look at us overall as a county, we're going up as a county just a little but not much, and we are under 10 percent. It's, like, 9.9 percent average. But, again, if you look at Immokalee, that's really going up. And some of these huge peaks that you see here is due to testing in Immokalee, okay; percentage positive for that day. Okay. Let's look at hospital capacity. Of course, if you -- if June 9, 2020 Page 32 you're looking at this down here at the bottom, we're looking at ventilators. The ventilators that are in use is the brown -- the brown numbers all the way at the bottom. And this includes all the hospital systems within our county. Then if you look at the green portion above it, these are the regular ventilators that are still available with the brown part being used, okay. And then the dark green portion up here ends up being other types of ventilators that could be used, like for anesthesia. They use them for anesthesia machines or disposal ventilators. They could be used if we got into that situation. Thankfully -- you'll see where the brown part is -- we still have a long way to go before we would ever get into that situation. The same thing with the beds. The brown part are beds filled with COVID patients. The blue part are other patients that are in the hospital. So we are able to serve everybody that needs to be served in addition to COVID-positive patients. Then we have the empty beds that have available staffing right away, and then we have surge beds in the gray part that we could -- we could use if we can find staffing right away. We would probably have to call in contract staffing, people doing overtime, those sorts of things. So what [sic] does that take us as a county and the gating criteria? We have a "yes" all the way across the board except the downward trajectory of positive tests as a percent of total tests within a 14-day period. We're not counting -- the trajectory of positive tests overall because we know that's going to increase as testing increases. We're talking about the percentage of positive. And, remember, I said we want to be less than 10 percent and moving down. So we're right at the edge, creeping up a little bit. But, again, influenced by other things. I also wanted to point out, before we get into Immokalee so much, how hospitalizations have looked since we have done some June 9, 2020 Page 33 opening up of the county. So you see the cases that are in the non-ICU beds, of course, have been creeping up. And all the things that we've done -- so Phase 1 partial was somewhere around the 4th of May, correct? And then the barbershops and the salons opened, and then we went into full Phase 1. And it all matches up pretty nicely; however, when you're looking at statistics, you have to know everything else that happened . So before that, the hospitals were trying to limit people in the hospital, so they weren't doing elective procedures, right? So at the same time, we started opening up partially we started doing the elective procedures. So of course we're going to have more cases in the hospital. It's not just because we opened up. It's because we're doing more elective procedures, too. So we can't hang our hat totally on that. And for -- ICU is the blue line, our cases in ICU. They continue to take a small increase, but -- CHAIRMAN SAUNDERS: We have a couple questions. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. So I'm confused. This chart -- and I'm glad we're stopping -- thank you. I'm glad we stopped here. This is COVID-19 cases. These are the cases, and so it's COVID-19 cases and non-ICU. MS. VICK: Right. COMMISSIONER TAYLOR: All right. So what does that have to do with the elective -- or the elective surgeries or other? I mean, that's not represented here. Anything -- nothing but COVID is represented in this chart; is that correct? MS. VICK: You are correct. You are correct. COMMISSIONER TAYLOR: Okay. So they are going up? MS. VICK: Oh, yes. COVID going up, and you're going to see June 9, 2020 Page 34 the impact. Yes, I -- COMMISSIONER TAYLOR: And you're relating that -- and you've plotted it with the phases, and they're going up according to phases. But we've also had pretty active social issues going on. MS. VICK: Correct. COMMISSIONER TAYLOR: Protests? Opening of the beaches in terms of when they were here over from Miami, Cinco De Mayo. MS. VICK: Right, Cinco De Mayo, especially in the Immokalee area. There were street parties that were in Hendry County in LaBelle that a lot of people from the Immokalee area attended . So you caught me. I'm sorry. I made an error. I did have two charts, but this is the one that's COVID only and -- COMMISSIONER TAYLOR: Yes. MS. VICK: -- I'm sorry; I was confusing you. This is COVID only. And the general cases don't have anything to do with this. COMMISSIONER SOLIS: Okay. MS. VICK: Sorry to confuse. COMMISSIONER TAYLOR: But -- but it's also directly related to the fact that we're testing more that the cases are going up; is that correct? MS. VICK: No, not for the hospital admissions. COMMISSIONER TAYLOR: Oh, pardon me. Hospitals. MS. VICK: People with -- yeah. COMMISSIONER TAYLOR: I beg your pardon. That was my mistake. MS. VICK: Yeah. People would end up there whether we tested them or not if they're going to be sick enough to be in the hospital, in an ICU. COMMISSIONER TAYLOR: Okay. Thank you. MS. VICK: Sorry. June 9, 2020 Page 35 Okay. So then we have the cases for Immokalee. So what I wanted you to see about this graph is these, again, are number of COVID cases in Immokalee compared to all Collier County COVID cases, okay. So the yellow in the background is all Collier County COVID cases. The blue that is superimposed on top of that are the Immokalee residents cases. So there's an increase, as you can see, overall. This is our -- our black dotted lined here, okay, and this yellow is cases overall in Collier County. But when you look at the blue, you can clearly see that the Immokalee cases are driving what we're seeing in many respects for the overall cases in Collier County. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I see that for the -- you know, the increases noted on 5/11 and then 6/2, 6/6 it seems like the overall county cases didn't track exactly the way it did with the Immokalee cases. Do you have any idea why that occurred? I mean, I guess that's a tough question. But I'm just trying to understand. There is some reflection, obviously, of the number of cases in Immokalee. But the two main spikes then you can see that it was driving it. The data from 6/4 to 6/6, is that -- does that indicate that it's not driving it? Because it's not necessarily following like the other part of the graph. MS. VICK: No. About 6/6 we were doing some mass testing again here in the Greater Naples area. So when you see daily cases, many times it's the reporting of the daily cases. That's really what's happening. So we could have done a mass testing -- COMMISSIONER SOLIS: Somewhere else. MS. VICK: -- four or five days ago, and now those results are being reported on that day here. COMMISSIONER SOLIS: But they weren't -- MS. VICK: So where we had a bunch of cases more than what you would see normally for the Greater Naples area, that could very June 9, 2020 Page 36 well have been influenced by the mass testing results. COMMISSIONER SOLIS: Okay. But those would have been testing results that were from somewhere other than Immokalee, because Immokalee's the blue line. MS. VICK: Correct. COMMISSIONER SOLIS: Okay. Thank you. MS. VICK: Okay. CHAIRMAN SAUNDERS: Commissioner Fiala? COMMISSIONER FIALA: Yes. Going along with the same questions. The two main factors of raising these things, then, is Immokalee Road and the nursing homes, right? So I know we read in the paper that one nursing home had a large number of people in that, and they had to clean that out, and -- but if those are the two main factors, do we have any idea how many other people are infected that, you know, are the lesser amount, but still, you know, us -- all of us? MS. VICK: That's what I said about the mass testing at North Collier Regional and at the South Regional Library. The positivity rates we were getting were 4, 5, 6 percent compared to Immokalee that's three times that. And nursing homes, of course, there have been several initiatives that have happened with the nursing homes where first the Health Department just went and did contact investigation, then we had teams come in from the state level, and we actually have had three set of teams come in now from the state level and do testing and evaluation. And then, depending upon the results that are there, then we all get involved. So it would be the Health Department, the VHA teams, the AHCA, which is the regulatory for the nursing homes. And then there are incident management teams within each region. So our region would be Region 6. So when there are great concerns, we go and we do a joint review, and then we come up with improvement steps, either they June 9, 2020 Page 37 have to move all their negative cases out of there and just deal with the positive cases and infection control issues or more frequent testing happens, and then more training on infection control. And so then I have to come up with an improvement plan for them, and then those nursing homes are responsible for reporting to me regularly on their progress of doing that. COMMISSIONER FIALA: But they do have all of these employees there that are now subjected or in the same vicinity as everybody that is infected. So they probably have quite a challenge trying to keep the healthy ones healthy and to then help the employees recover, because they're not in the same age group. So I guess they've got a lot of things going for them there. MS. VICK: They do. CHAIRMAN SAUNDERS: Commissioner McDaniel. That was -- was that a question? COMMISSIONER FIALA: No, I just -- CHAIRMAN SAUNDERS: Sorry. COMMISSIONER FIALA: -- wanted to hear her say yes. COMMISSIONER McDANIEL: Good morning. Good morning. And I really appreciate you taking this time, and it's something that Commissioner Solis talked about. The difficult thing when we're looking at all the statistical data is there is no absolutes with this . A lot of information is timing with regard to the throughput that comes from the laboratories. When a mass testing event transpired, you see a spike on 5/11, 5/12, somewhere in there, and that comes from the National Guard event that you assisted in setting up in Immokalee for our residents . And, again, the throughput coming there in the early part of June. I think I heard -- and as you folks know, we are doing a partners call -- and thank you again for continuing on with those calls, because communication is nine-tenths of the law. Now, what I'm June 9, 2020 Page 38 talking -- what I'm talking about, there's no -- there's no dissuading the severity of this virus. There's no dissuading the potentiality of large negative impacts for people that contract the virus . But communication, education is nine-tenths of the law when we're managing the spread of this, one. Two, hospital assets in concert with the amount of positive cases that we're currently having. And one of the things that I have done is I've reached out to Lee Health and talked with them with regard -- I get a report every single day from Lee Health with regard to their assets: Hospital beds, ICU beds, how many positive cases they, in fact, have. And I mean -- and because Immokalee -- yes, Immokalee doesn't have a hospital. We all know that we're direly deficient there with regard to a physical hospital. Immokalee is equidistant between Fort Myers and Naples. And so the assets for the hospital beds can be brought in to assist the residents who do, in fact, require hospitalization. If, in fact, 100 percent of those 870 currently on this morning's dashboard, positive cases, required a hospital bed, approximately 10 percent of that population who -- and that's a cumulative number, by the way. Remember that. That's a cumulative number since beginning of March or so when we started testing. Approximately 10 percent of them would require a hospital bed and approximately 10 percent of that population would require an ICU bed and approximately 10 percent of -- which is 9, and which is -- and approximately 10 percent of that population might require a ventilator, even though we've actually heard from experts that say the ventilation is not necessarily the best practice to care for people. So there has never been an initiative to stop the virus; never. There can't be an initiative to stop the virus . There is no vaccine. There is no therapeutic. There is no cure. We can only hope to manage the spread of the virus in relationship to our hospital assets to June 9, 2020 Page 39 properly care for our population. MS. VICK: And our behaviors in the county. COMMISSIONER McDANIEL: We're going to get to that in a second. MS. VICK: Okay. COMMISSIONER McDANIEL: So having said all that, between Lee and Collier there are currently 67 ICU beds available . There are in excess of 903 regular hospital beds available. So in the event that that current posting of 870 folks who have tested positive cumulatively even though -- and I thank you, by the way, because Stephanie has started sharing with me daily positive cases so that we could come up with a more sound number of actually who, in fact, we're treating or needing care for that might test positive. We have sufficient assets between the two communities to more than support care for our community. And that's -- that's how I've been managing this now. When she's done, I would like an opportunity to speak some more, because now we have to talk about the barriers that Immokalee currently has that don't exist as much in the balance of our community. And you've heard me talk about those, so we'll get to those. And that's the behavioral thing, so... MS. VICK: Okay. COMMISSIONER McDANIEL: Okay. MS. VICK: Thank you. We're just going to hire you and put you in our statistical department. So on the side here I just wanted to show you Physicians Regional, you see on the right side, often would be telling us and reporting that they rarely got people from Immokalee . The NCH system, North Collier, often got more people going there. But as you'll see, PRMC is incrementally increasing the number of COVID cases who come from Immokalee there on the right-hand side. They June 9, 2020 Page 40 went from 24 percent of their COVID to 38 percent to 45 percent. NCH is hanging around the same bed; however, NCH stays in close contact with us to let us know the numbers that they're having admitted on a daily basis and then the illness levels. So sometimes we'll get people that are really, really, really sick and get two of them that are admitted to ICU right away . And so we're keeping a watch on that. Oftentimes people will ask me what percentage of the people that we are doing contact investigations have we reached. In the Immokalee cases, right now where it's 93 percent of those cases we have reached. Those we have not reached is because of failure to give us a good telephone contact. They give us the wrong address, and sometimes purposefully. So that does make it difficult. And we have to send people into the field to try to find them. Okay. Okay. Two more slides. That's all. We're almost done. So in Immokalee, you see to the right of this screen are many of the things that we've been doing or have just started to do in the Immokalee area with the educational announcements over the loudspeakers, the rolling truck ads in different languages. We've done radio/television spots all talking to the constituents about the importance of social distancing and COVID. And we continue to test symptomatic individuals at our satellite site in Immokalee. Healthcare Network continues to test. Braden Clinic and private MDs in that area. That has been going on all along. The people who have symptoms -- because that was part of the CDC guideline, but then we started mass testing. So we did the mass testing on May 3rd to 5th. We did mass testing on the 31st. We're now doing mass testing every Sunday at the satellite site in -- for the Health Department and the CHD in Immokalee. We have health educators that are now visiting businesses. Not the big businesses right now. It's the small businesses in Immokalee June 9, 2020 Page 41 trying to educate on PPE and what to do for their -- for their staff. There is walkup testing Monday, Wednesday, Friday at the Health Department again during clinic hours. There is partner testing with Healthcare Network Southwest Florida. Doctors without Borders are doing pop-up clinics, and then we have started to do that in cooperation with them. Global Management is a worldwide organization that is now in Immokalee trying to assess and come up with things that they can do to help manage the outbreak, Partners in Health as well, and we just met with them yesterday to work on some things together. We're recruiting and hiring educators from the community to work face to face with people. But then you see on the left side, and this -- many of you who took any kind of sociology courses or were health related in school, most people have heard of Maslow's hierarchy, and that's what this is on the left-hand side. It does not matter what we do in some cases with some individuals even if we find food -- if they're going to miss work, even if we find a place for them to isolate, even if we provide entertainment materials, all those things are good and they're a benefit, but for some individuals they are afraid to lose the money that they get. Oftentimes they depend upon that to send home to support a family in another country, and if they don't have the money and if they don't work, they're not going to be able to send that home to the family, so the family suffers. And then if they're out of work too long, and they don't have an understanding employer -- because some people do not have the benefits the rest of us have. If they're out of work too long, they lose their job. They're working for a grower, and the grower likes the work that they do, but now they're not going to be there for 14 days, the grower will hire someone else to come in and take their job, and then there they are. So those individuals that are going to be affected in that way are June 9, 2020 Page 42 very, very difficult to get tested. And if you would mandate testing through their employers -- and like Department of Agriculture would say you must test all your employees, for instance, those are the people that are going to give us false addresses, funky phone numbers. We'll never find them because they cannot afford to lose the money. We can feed people, we can put them in housing, but they can't afford to lose that, and then that means that they are out in the streets, and they are supposing everyone else. I just wanted to make that clear to people. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: How do we get masks for these people? MS. VICK: Oh, we have masks coming out of our ears. COMMISSIONER FIALA: Oh, okay. And can they get them? MS. VICK: Yes. Actually, the NCH Health System donated -- I think now we're up to 45,000 masks, procedural masks, like surgical masks, not the N95 that the healthcare workers wear. COMMISSIONER FIALA: Right. But at least something, right? MS. VICK: Right, they did, and then the State of Florida has a million cloth masks that they are making available to us, and we've already gotten shipments of them to our Emergency Management and out in Immokalee to pass out. COMMISSIONER FIALA: I just meant is there a strategic distribution point for a few of them? Okay. That's my answer. Thank you. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, and I -- which ear are you having masks come out of, just so I can clarify that point? MS. VICK: Okay. COMMISSIONER McDANIEL: And what Ms. Vick's talking June 9, 2020 Page 43 about is something that I've been talking about regularly with you-all. The barriers that our folks in Immokalee have to overcome : We have language barriers; we have income barriers; we have culture barriers; they like -- a lot of the folks like to live with multi generations in the same house; we have employment barriers; we have documentation barriers. And that's a reality that's going on. And it's not just in Immokalee. One of the things that's important for us to have a discussion about is Immokalee's a microcosm. I think Stephanie and I talked about this, that, you know, I think there are two people that live outside the area code of 34142. The rest are in the urbanized area of that ZIP code. We have other areas in our community, all across the country, necessarily, in Collier County at large where there is overcrowded conditions, there is documentations issues, there is culture issues, there are income issues, there are language barriers that have to be overcome, and that's the question that I wanted to ask you today is how can we help provide you with assets to better service the community? Because of these having -- because of these barriers, it's very, very difficult, and manpower for you to be able to communicate with the residents who do, in fact, take the initiative and do become -- test positive, that we have services available. And that's something that I'd like to -- I'd like to share with. I mean, the County Manager and I talked about it yesterday. We've recently reserved rooms at Horizon Village. And the communication with the population who have tested positive seems to me to be a requisite that we need to enhance; additional contact -- and I mean physical contact tracing when someone tests positive, someone from -- of authority from the Health Department actually going and visiting a resident who tests positive. Because of these barriers that Stephanie has shared with us today, folks aren't June 9, 2020 Page 44 necessarily as truthful with regard to their circumstances . They can't afford to lose two weeks worth of work to not support their family . They can't afford to even have a fear of losing their job and so, therefore, they don't always tell the truth under the current methodology of a phone and asking questions about their condition and what they can and can't do. So -- and that's one of the things that I'd like to explore with you as to how we can enhance that communication with those folks, again, to manage the spread so that we make sure we have the assets available to care for our community. One other additional point on the previous slide. I have said -- I don't know based on today's schedule if I'm going to make that phone call at 4:00 today, but there -- I have promised, twice a week on those partners calls, I've talked to CI -- the Coalition of Immokalee Workers, the Guadalupe Center, the RCMA, the Benson Foundation. I've promised twice a week no one will be deported for coming and getting tested and no one will be denied care irrespective of their capacities to pay. I have promised that. And I think that that's part of the increase in the Immokalee cases that we're seeing coming to Naples. There was a report in the Naples Daily News, Commissioner Fiala, the other day about a surge of Immokalee residents coming to NCH. Well, that surge was a total of 57 people in the month of May for the entire month which was, if you watch -- if you were watching the data -- and since I'm the newly designated statistician -- was about 10 percent of the population that we were having testing positive were requisite of receiving a hospital bed. So one of my suggestions is is that we help you in some form or fashion increase the communication with those positive cases so that we can assure them they're not going to lose their income . We have assets available to assist. They don't have to self-isolate and/or June 9, 2020 Page 45 quarantine on their own. We've got assets available for that, and that we can, in fact, assure them that the proper healthcare will be administered irrespective of their capacity to pay. MS. VICK: Now -- go ahead. You have a -- CHAIRMAN SAUNDERS: No, no. I was -- I wasn't going to say anything. Commissioner Taylor. COMMISSIONER TAYLOR: I have a question after -- CHAIRMAN SAUNDERS: All right. Let's see if we can wrap this up. MS. VICK: Okay. I just want to tell you, with the meeting with the Partners in Health yesterday, I was going over some of the same issues. They apparently have a stipend fund that they might be able to use to guarantee income to individuals who have to isolate while they're out. But we still have to talk and influence employers, and that doesn't fall so much within the responsibility of Department of Health, but -- it's not supposed to be trying to regulate, and we're educating. So anyway -- but if we could get the employers to agree and make sure that their staff know that if you have to be out for seven days or 14 days to isolate because of the disease, that you're not going to lose your job, and they need to communicate that. So there are some things in the works. We also are just going to be working with other counties within the region, the growing region, that our farm workers go there, farm workers come back here, and so we need to work at it as a region, too. So I just wanted you to know that's happening, too. That's all for me. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Don't leave yet. I was given some information that the World Health June 9, 2020 Page 46 Organization has now determined that folks that are not exhibiting symptoms of COVID cannot spread it. CHAIRMAN SAUNDERS: That's not correct. COMMISSIONER TAYLOR: Well, let's put it this way, that's what I read. CHAIRMAN SAUNDERS: Well, then you misread this. World Health Organization has said that it's not likely you're going to get it from someone who is asymptomatic, but there is still some spread. MS. VICK: Correct. CHAIRMAN SAUNDERS: Though a small amount. MS. VICK: And it's even less likely for children that are asymptomatic, to get it from a child, but you still can get it. COMMISSIONER TAYLOR: It's not 100 percent. MS. VICK: Correct. COMMISSIONER TAYLOR: I will be corrected. MS. VICK: So people shouldn't -- shouldn't think they're safe. COMMISSIONER TAYLOR: No, but at the same time it is a dramatic change from how we started because of learning more about it. CHAIRMAN SAUNDERS: Yeah, and we just have to be careful not to send a message that is incorrect, and so that's why I was interrupting to correct that. That's very important for the public to understand that you can still get this from asymptomatic folks, but the World Health Organization has, at least at this point in time, opined that 90 percent, 95 percent of the people that get COVID are not getting it from asymptomatic people, but that still leaves a lot of people that are getting it from asymptomatic spreaders. MS. VICK: Correct. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: And I -- this is a specific ask. I have -- I've been very involved, if you've been listening to what I've June 9, 2020 Page 47 been saying with regard to our community. We have specific points. We know where our workers go load on the bus. We know where they congregate. We've been educating and assisting with sanitization and mask distribution and the like. My specific question is a physical visit of the positive cases that do, in fact, come in by a representative of the Health Departmen t. I have talked to Gloria over at RCMA, and they have offered volunteers to travel along with your representatives to go speak with these folks, a trusted face that can communicate with them in their particular language to assist with letting these folks know how important it is, because Commissioner Saunders said it best, I mean, we can't disavow the severity of this virus. This is a real virus that could have severe negative impacts on folks who contract it. But additional attention, I think, needs to be warranted to our residents there because of this myriad of barriers that we know currently exist. And so I would like to ask for support from my colleagues and from you to what you need -- because I consider people to be assets. And so I would like to know from you what would be the requisite there to help with that, because I think that's a single issue. I've heard a lot of anecdotal discussions about lack of communication, and I know we can't get 100 percent. There's no absolute. But the phone call circumstances that we're currently utilizing is lackluster at best. MS. VICK: I want you to be careful about some of the anecdotal information that you do get, because we've heard the same story about a family of four who were positive and never got any kind of contact. And on many occasions we've asked that the names be given to us, the people contact us so we can follow up on -- because we don't want that to happen to anybody. It's not we don't believe it, but it's come up at least four times, and there's no resolve to it. We've not been contacted. We've not -- COMMISSIONER McDANIEL: I'll be the first one to say I June 9, 2020 Page 48 don't lean to anecdotal information. This is information that has come to me from personal friends who have contracted the virus, tested positive, and the contact with regard to how we're managing those circumstances needs to be improved, I believe could be improved, and I believe you need assets in order to do that. So, please don't -- there's no -- again, this is just -- this is me trying to share with you we want to help. MS. VICK: Yes. COMMISSIONER McDANIEL: Or at least I do. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Going back to my comment before, which I was corrected, and rightly so, that 95 percent of the people would -- if they're exposed would not -- would not contract COVID unless -- from someone that didn't exhibit the symptoms -- I think I said that correctly. It goes -- again -- and I go back to that first time you came before us, which has been the direction of the CDC from the beginning, that testing is what we need, and then it's preventive after that, so that I understand that that has increased in this community over these three months, and I would thank you and the CDC for this, because I think it's, you know, again, what helps us keep everyone safe. MS. VICK: Thank you. CHAIRMAN SAUNDERS: I think what Commissioner McDaniel is expressing, and I think all of us would express the same, if there are things that the county can do in addition to what we're doing, let us know. This is not the right time, perhaps, to have that dialogue, because perhaps you need to think about it. But if there are things we can do, we're offering up that assistance . So if you would work with the manager if there are things that need to be considered by the Board. MS. VICK: Okay. Thank you. June 9, 2020 Page 49 MR. OCHS: Mr. Carnell? CHAIRMAN SAUNDERS: And I assume it's okay with the court reporter to complete this item before we take a break. Is that -- THE COURT REPORTER: (Thumbs up.) CHAIRMAN SAUNDERS: All right. MR. CARNELL: For the record, Steve Carnell, your Public Services Department Head. I want to give you a very quick update regarding county operations of the past two weeks since we last met -- last week since we met. Start with the beaches. We were all quiet this weekend on the beaches and the boat ramp. Rain was our friend in terms of -- or clouds in terms of maintaining/minimizing the traffic at our beach locations. Our numbers were low, manageable. We had no need to close any parking lots. We did have one parking lot that filled, which I'll mention in a moment. Then I've got some drone shots that just give you a sense of some representative of the different locations -- some of the different beach locations. Our busiest one, Vanderbilt. You'll see Saturday at 1:00 p.m. and Sunday at 11:00 a.m.; quite a bit of equipment on the beach from our concessionaire and people congregating but spread out. And then jumping to Clam Pass, I include Clam Pass here because we did have a reopening of tram service this past weekend by the Naples Grande, and I'm told that they did -- they have plexiglass shields installed within the trams. I haven't seen that yet. But they are operable and Naples Grande is doing their part to try to keep everyone riding safe. The Naples Pier. This is Naples Pier on Sunday afternoon, and when you look at the two pictures together, it looks like the world's longest pier, but it's actually not. The one view, of course, on the left is looking north, and the other view is looking south. And you'll see June 9, 2020 Page 50 very little traffic -- foot traffic on the beach itself. Now, just by way of news, breaking news, Naples City Council voted this morning to reopen their beaches this weekend without restrictions and limited hours. The one restriction they're going to keep in place is limiting parking to resident sticker vehicles only. The city marina is going to reopen on Thursday -- on Thursday, and the pier is going to reopen on Thursday, we're told. COMMISSIONER TAYLOR: The pier? MR. CARNELL: The pier. COMMISSIONER TAYLOR: The whole length of the pier? MR. CARNELL: I'm not sure. I was just -- I got an email from the city staff member saying -- COMMISSIONER TAYLOR: Because it was always, but only that one part. MR. CARNELL: Yeah. Well, I hope so, because there were people in the picture on the pier. That's a good point. So the pier, it sounds like, will be fully reopened on Thursday. South Marco Beach was -- you can see the photos there Saturday and Sunday as well. The parking lot did fill here -- which is understandable. It's a fairly small lot, less than 70 spaces -- but we didn't have queuing problems on the highway -- on the roadway leading into the park, so that really minimizes the inconvenience and problems when we don't have cars backing up into the street. So that's the beaches. And I've mentioned to you-all previously that we have been reducing our presence on the beaches. We still have park rangers and tollbooth attendants there, but our recreation staff has been moved inland for the noble undertaking of opening summer camp, which happened yesterday. Almost 70 campers registered at 11 locations. I've mentioned to you previously that our playgrounds have been closed. That's been the ongoing guidance from the CDC. But I think I'd mentioned to you, well, last time that Lee County has fully June 9, 2020 Page 51 reopened all of their playgrounds, and we are starting to get resident inquiries from people asking to have access to playgrounds. So we are going to be reopening the playgrounds in steps. Initially, the only ones that are open -- actually, before yesterday the only ones that were open were the ones that were dedicated for summer camp use . There are a few more open, which I'll go over in just a moment. In our community centers, which are often the case in the summer, we generally limit our activity in the community centers to summer camp. We're adhering to that a little more rigidly this summer just for the sake of keeping our campers safe. But summer camp is up and running. Our pools and fitness centers are open. The fitness centers opened two weeks ago today, and our pools opened last Monday. And our first week of operations with the pools we had 400 visitors to our three community pool locations. Sun N Fun remains closed. Our fitness center in about 12-business-day period has had a little over a thousand visits. We are continuing to adapt our restrictions to the governor's guidance as we move into Phase 2, which means we are permitted to have more total carrying capacity in both locations -- both venues, pools and fitness centers. And, of course, we continue to adhere to the social distancing and the adjusted crowd-size requirements. One more comment on the pools. We will be reopening to Swim Naples at the Golden Gate Community Park next week. We're working out some details with them right now. Playgrounds I mentioned yesterday -- I mentioned earlier. Yesterday we did reopen a handful of them at Sugden, at Pelican Bay Community Park, the Oakes Neighborhood Park, and the one at the Gordon River Greenway. We have almost 30 playgrounds, so this is just the tip of the iceberg in terms of reopening. And as I mentioned to you, our community centers where we're doing summer camp, the June 9, 2020 Page 52 playgrounds there are open to summer campers for now. We're going to attempt to open more of these, but we -- just to be forthright with everybody, our capacity to clean the playgrounds is pretty limited. So we're putting educational signage up, and we're trying to trust our citizens to be individually responsible in the use of the playgrounds at this point in time. But we're going to try to open them week by week and see how that goes, and we may be at a place where we can have them all reopened by July 1st, but we'll see how that plays out in the next few weeks. Sports leagues and tournaments. You may remember in previous briefings I told you that no play till the fall but, once again, with the changing guidance from the Governor and changing expectations, our league partners are approaching us very anxious to get back on the fields. So what we've done is we've asked our leagues, our league partners, to essentially give us a COVID protection plan, if you will, for their participation. What are you going to do to protect your kids on our fields? And we are dialoguing with them now and, essentially, creating those agreements one at a time with each league, and we're -- we'll be opening our fields back up to league play here shortly, league by league, as we reach agreement with them. And as you all know, our fields are open for individual recreational use now. But we'll be working league play back into it. We do have tournaments as well. Same thing, we're going to be talking with our tournament partners. Again, what's your COVID protection plan, if you will, for your population that you're bringing onto the site, and how can we help you in sustaining that? And we have tournaments scheduled, North Collier Regional Park, this month and next, and that's all subject to getting those plans in place pretournament. Regional libraries reopened two weeks ago, and there's a quick June 9, 2020 Page 53 summary of the utilization through this past Saturday where 24,000 books and videos have circulated. We've had over 10,000 individual visits in that period of time. And then I thought it was useful maybe to take a moment and reflect on the closure period for the libraries. The libraries closed back on March 18th, and they reopened at the very end of May. And so our data through -- from March through last Friday, Saturday, was that we have had over 15,000 requests for materials, over 12,000 material reservations, which were reserved remotely and picked up curbside, delivered by our staff to people in a safe manner. We processed our -- we've distributed, I should say, almost 3,900 unemployment compensation form requests and had over -- almost 112,000 e-books circulated in our library system. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. When you were talking about tournaments, you didn't mention the one at -- well, let's see -- the East Naples Park, Eagle Lakes. The Mexi Soccer Group. I know that's a huge group, and it keeps a lot of people busy. Is that going to be playing? MR. CARNELL: Well, we're going to -- yes, we're talking with them. When we can get an agreement with them for reinitiating, restarting play there, they will be able to do that. COMMISSIONER FIALA: Okay. MR. CARNELL: And I actually don't know where that particular discussion is right now, but I can find out for you. COMMISSIONER FIALA: Oh, that would be great. Thank you very much. MR. CARNELL: Good question. Thank you. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: One quick question. Are you still practicing the quarantine with the return library materials that June 9, 2020 Page 54 you were before, holding them for 36 hours or something, I think? MR. CARNELL: Three days; 72 hours, yes, sir. And that, by the way -- I'm glad you mentioned that, Commissioner, because that's an impairment to getting back to 100 percent operations. We need -- we can operate regional libraries, and we can open a few of the branches, but it's going to be challenging to open them all as lo ng as we have that quarantine process required. Okay. Lastly, museums. Our museums are reopening officially today on a Tuesday-through-Saturday schedule at all five locations. We do have plexiglass, sneeze-guards, and other protections in place, and we're closely monitoring social physical distancing among groups as they visit the museums. We -- the governor, I think you know in the last order, has pulled off the capacity limitations on museums and libraries. And many of our museum facilities are very small, so there's kind of a natural compliance that comes with just maintaining social distancing. You can only get so many people in a space if you're going to keep them six feet apart. So that's made it actually fairly simple to understand what the requirements are and to manage them in our museum system. With that I'll answer any other questions that the Board may have. CHAIRMAN SAUNDERS: All right. I don't see anyone looking for any questions. I do have one question/comment. On the playgrounds, you indicated that you have limited capacity for cleaning, and right now you're opening those up for the summer camps but you plan to open them all up, generally, I think, was it July 1st? MR. CARNELL: Yeah, we're working towards that goal. CHAIRMAN SAUNDERS: I'm wondering if that's a good thing for us to do in light of the fact that we can't clean those . So I'd just open that up for any comment from the Board. June 9, 2020 Page 55 MR. CARNELL: Well, I do want to be clear. We're cleaning them, but we're committing to weekly, so it is a l imited clean, and it's not daily. CHAIRMAN SAUNDERS: Right. That's what I understood from your -- MR. CARNELL: Except the ones -- the ones involved with summer camp are getting cleansed more frequently, but the other ones are not. CHAIRMAN SAUNDERS: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. I think that parents need to take some responsibility here, and I think washing their hands and having wipes is critical. So I think as long as there's signs that say, you know, wash your hands after you've been here. Something along that line, I think, it's quite fine. In fact, I think there's some differing opinions of exactly how long the virus would last on hard surfaces. Initially I thought it was three days, but I think they have backed down. So every day we learn more things about this virus, and I think it's critical we try to get children on playgrounds. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well -- and I -- you know, there is a lot of floating information that's coming along with regard to this, but I would like to see us do as much as we possibly can. Again, if it's asset related, let us know what we need to do to assist you to be able to get our playgrounds/parks open as much as is possible. I mean, again, there is a personal responsibility requisite to try to keep our kids from picking their nose after they've been riding on the slide or something. But the bottom line is, if you need more assets, we need to know what your needs are so that we can help you appropriate that. CHAIRMAN SAUNDERS: What I would ask is -- we've got another meeting prior to the July 1st opening, and I would like to June 9, 2020 Page 56 have some guidance as to what we should do with those playground facilities. If you're cleaning them once a week -- I understand we need to have personal responsibility and all of that, but these are assets that the county controls, and throwing those open without cleaning other than once a week, I'm not sure if that's a really smart thing for us to do. Maybe it is. But if you could focus on that for our next meeting, kind of give us a little bit guidance as to what other communities are doing and what CDC would recommend -- if you had said, well, we clean these every day or we clean them twice a day, that would be one thing, but once a week, I think that could be problematic. So that's just my personal opinion. Commissioner McDaniel. COMMISSIONER McDANIEL: And on that personal, maybe we could have a report. Did I hear you say that Lee County has opened up their playgrounds as well? Maybe we can hear the regiment that they have with regard to their cleaning and a report from them. There's a sister community there that's already doing that, so that might help as well. I like the idea of having that information afforded to us. CHAIRMAN SAUNDERS: All right. We also have Sheriff Rambosk in the audience, and -- we're finished with the staff -- MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: -- presentation? MR. OCHS: Yes, we are. CHAIRMAN SAUNDERS: Sheriff Rambosk, as you approach the podium, I certainly would like to hear about your experiences over the weekends with the beaches being opened but also we've had a lot of demonstrations, most of which seem to be very peaceful, and we'd like to kind of have a quick overview of how that all went, and I would also congratulate you on the efforts that you've had in terms of communicating with the public and expressing your concerns about June 9, 2020 Page 57 the activities and tragedy up in Minneapolis. And I think your deputies have done an incredible job, but we need to hear from you as to how things are going and -- SHERIFF RAMBOSK: Thank you, Chairman and members of the board. Just a quick follow-up on the COVID situation. Pretty much the information relative to the beaches was already covered. We continue to work together with your staff and have had no problems at all with social distancing and/or other issues at any of our parks. Of course, we did have some trying weather this weekend, so we will continue to do that, and we'll make sure that we let you know and your staff know, and the Manager, should there be any problems, but we have not seen anything there. As we reopen into Phase 2, we have seen a lot of businesses that were open, particularly the bars. We have a lot of very good compliance in how they're operating. I will tell you that from just general observations, there are a lot of people out and about throughout the county. The big box stores, very, very busy. Most of them, if not all, that I've seen, anyway, have procedures in place that allow only so many people in a particular store at a time, and you can see people that are waiting outside, so that's good. We've been working with the Greater Naples Chamber and as a board member there talking about the board has been providing information to small businesses as well to help them determine a good safety plan for them to open and operate . So from that perspective, all of that is going very, very well. The past week has been very busy for us throughout the county . We have had five events; four of them were in-person-type events, and I'll talk about them in a second. One was a virtual event relative to demonstrating and protesting. In most cases we have a mix of people that are attending. Some are local organizations that we have a June 9, 2020 Page 58 very good connection with, and we're able to develop a good safety plan for those types of events. We have had more and more people coming from outside of the community to participate in those events. Some have become very agitated. And I want to recognize our deputies and all of our law enforcement officers for their professional conduct during those events in particular, and the support of maintaining safety in this community as well as supporting the Constitution of the United States of America. So I want to thank them for that. We have a concern about the large numbers of people that our staff are interacting with due to COVID. There's a lot of aerosol spray from yelling and screaming, and while we have protective gear on, that continues to be a concern for us. We're working together with Director Vick to get more testing for public safety, and we're going to have to continue to be very, very cautious with those contacts. We are looking at, right now, two additional events that are reportedly being put together for this week. We have a lot that are reported, they never materialize, but we've got to follow them up anyways. So that's the status of the county up to this point. CHAIRMAN SAUNDERS: All right. I don't see anybody's lights lit up. Thank you very much for everything that you're doing. SHERIFF RAMBOSK: Thank you. CHAIRMAN SAUNDERS: Thank you. COMMISSIONER FIALA: Great job. CHAIRMAN SAUNDERS: Mr. Manager, we're going to take a break until 11:00 for the court reporter, and when we convene, are we going to be dealing with the selection of -- pursuant to the ITN, or do you want to move -- MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: So that will be our next item. MR. OCHS: Yes, sir. June 9, 2020 Page 59 CHAIRMAN SAUNDERS: Thank you. We'll be back at 11:00. (A brief recess was had from 10:51 a.m. to 11:00 a.m.) CHAIRMAN SAUNDERS: Please take your seats. We'll reconvene. We'll move to Item 7. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Yes, sir. That's public comments on general topics not on the current or future agenda. MR. MILLER: I have one registered speaker for Item 7, Shirley Riley. Ms. Riley? Shirley Riley? (No response.) MR. MILLER: I know we do have some people in the hall and on the fifth floor. THE BAILIFF: She's coming. MR. MILLER: She is coming. Thank you. MR. OCHS: She's right here. Come straight up, ma'am, to the podium. Oh, I'm sorry. She's following the arrows. CHAIRMAN SAUNDERS: I'll have to say you're the only person who's followed those arrows. We've had them there for about a month and a half. MR. OCHS: Middle podium. This one right here, ma'am. Keep going. All right, thank you. CHAIRMAN SAUNDERS: Good morning. MS. RILEY: Good morning. MR. OCHS: You can pull that microphone down. There you go. MS. RILEY: I guess you all know my name is Shirley Riley. June 9, 2020 Page 60 I've lived on Cope Lane for the past 42 years. And, yes, I was the first house there. Why I'm here is I wanted to talk about the water problem, which you-all are familiar with that, I'm sure. At the time when they were digging along Santa Barbara and putting the weirs in, I went down -- which I'm down there almost every day -- and I asked them, what are you doing, and they said, well, we're building all of this to help with the water problem. And I said, well, that's nice. Well, our problem has gotten worse, not better. I want to know, my question is, what are they -- why are they holding the water back along Santa Barbara? The weirs are all the way up. The water is very high. Along County Barn Road, the weir is up. The water is not flowing. It's holding it. When we do have a rain, it is supposed to go to the east and go down the weirs. Well, it doesn't. It's flowing to the west until everything is so filled up. The other day when we had that bad rain, I went down there to look. The water had overflowed Santa Barbara -- not over Santa Barbara, but over the canals, and it went right up to the edge of Santa Barbara. So when I drive along there, of course, it's average six inches deep. And I want to know, what is the purpose of holding that water back? MR. OCHS: Mr. Chairman, if I might. CHAIRMAN SAUNDERS: Yeah. Mr. Ochs. MR. OCHS: Staff has been having discussions this entire week with residents of Cope Lane, and we have our engineers and our stormwater team out there on a daily basis. What I might suggest for Ms. Riley, if Mr. Casalanguida could get your contact information on your way out. He's been coordinating the staff efforts to provide more information to the neighborhood and answer the specific questions that you have. It's part of the larger June 9, 2020 Page 61 Lely Area Stormwater Improvement Project. And I think if we could try to meet with you individually and respond to your questions, that might be the appropriate approach right now. If you have continuing concerns, we will bring those forward. MS. RILEY: I figured the only thing they were trying to do was use this territory right in there to hold the water back for breeding mosquitoes. The mosquitoes last night, you couldn't even go outside and breathe because -- I mean, they were that thick. I carried my trash out, and you couldn't even breathe. You have to hold your breath or you'll be inhaling mosquitoes. And I'm, like, they're telling us to pour standing water out? It's impossible. CHAIRMAN SAUNDERS: Mr. Casalanguida is the gentleman who is standing up behind you there. Give him your contact information. And if you don't get a satisfactory response, then we'll beat him up and bring you back. Well, actually, he's too big. We won't beat him up, but -- COMMISSIONER McDANIEL: I was going to say, I'll bring the 2x4. MR. OCHS: Thank you, Ms. Riley. MS. RILEY: Thank you. MR. OCHS: Just straight back. He'll help you there. CHAIRMAN SAUNDERS: All right. Item #11A REVIEW STAFF'S RANKING OF THE PROPOSALS SUBMITTED IN RESPONSE TO INVITATION TO NEGOTIATE (“ITN”) NO. 20-7698 CONCERNING A HOUSING AND LAND DEVELOPMENT COMPONENT AT THE FORMER GOLDEN GATE GOLF COURSE AND DIRECT THE COUNTY MANAGER’S OFFICE TO BEGIN CONTRACT NEGOTIATIONS June 9, 2020 Page 62 WITH THE SELECTED FIRM – MOTION TO SELECT RURAL NEIGHBORHOODS, INC. – APPROVED MR. OCHS: Mr. Chairman, that moves you finally to Item 11A this morning. This is a recommendation for the Board to review the staff's ranking of proposals submitted in response to a county invitation to negotiate for a housing and land development pro ject at the former Golden Gate Golf Course. Mr. Geoff Willig from our office will begin the presentation. MR. WILLIG: Good morning, Commissioners. Again, for the record, Geoff Willig, operations analyst in the County Manager's Office as well as I'm the project manager for the process to determine what we're doing with the golf course and working with our selected engineer and the folks that you had selected previously for the golf course operations. So today we have five proposals that you've had in your packet. They're here to present to you. We've given them up to 10 minutes to speak, and at the Board's discretion, we can withhold comments until after all the presenters or after each presenter has had opportunity to speak. It's been a while. We had this come before the selection committee in February, and due to COVID, had to postpone the presentations. So I'm excited to move forward and get your guys' direction this morning. CHAIRMAN SAUNDERS: All right. Is it the pleasure of the Board to hear all five before questions, or do you want to question after each one? Generally, it's probably easier to question after each one, but -- all right. We'll try to keep it as brief as we can, but we'll ask questions as each presenter is complete. MR. WILLIG: Okay. Our first presentation this morning is from McDowell Housing Partners, Collier County Community Land Trust June 9, 2020 Page 63 and National Community Renaissance of California, their proposal. So with that, I'll turn the microphone over to Christopher Shear. CHAIRMAN SAUNDERS: Good morning. MR. SHEAR: Good morning. Thank you. Pleased to be here. Hopefully this is a little more uplifting than the previous agenda item . We're very excited about this project. We see the mix of uses that are being proposed. We think it's an excellent fit for the community and to serve a glaring need in the housing requirements of the county. It wasn't too long ago we were standing here presenting to you on the Bembridge PUD land, which I'm very happy to say is moving way ahead of schedule. We are planning to -- you know, a large part of that was really due to the outstanding staff that you guys have. So I do want to commend your staff on allowing us to get to the point we're moving lightning speed to be able to get our applications in for funding and allowing us to move and be where we are today with the opportunity to break ground on that project at the end of this year, first quarter of 2021. So we're very excited to move forward with that development, and we hope to replicate that success at Golden Gate. You know, I'm here as a representative of the team, but our primary proposers on the team are two nonprofits. They are the primary owners/operators of the development. Although we are part of the development team, we are not the sole owners or developers for the ESP development; however, our development plan does have a subsequent phase as well, which I'll get into. So we have Collier County Community Land Trust, which is a local 501(c)3. They -- as you guys are probably familiar, they were established recently with the support of the County Commission. In addition, the other team member, who is -- who's also working with us on a development called Villa Verde, which we have secured federal and state funding on, it's National Community Renaissance. June 9, 2020 Page 64 They're a leading nonprofit top-five owner/operator developer of workforce and affordable housing across the country. They have a Florida operations, and they have a Florida nonprofit. Although they're based in California, they are a Florida nonprofit entity that will be participating within this development. To that point, you know, this is not an ad hoc team . We're continuing to work with these same groups actively in predevelopment of Villa Verde and Bembridge as well as a couple other predevelopment developments that we're considering with the Community Land Trust. To go through initially -- do we have a slide here? MR. OCHS: Arrow down. MR. SHEAR: Arrow down. Thank you. So just to run through the scoring, which I think was a good comprehensive review of the proposals. It weighted, you know, the development plan itself; it weighted the proposer's experience and capacity; it weighted the community objectives; and it had some weight for local vendor preference. We did come -- in our proposer -- proposal came in at the top of the rankings with 448 points. The other, the fifth presenter here -- I know initially there was a slate of three presenters. It's been expanded to five presenters. The fifth presenter demonstrated here is about 88 points below the core Land Trust MHP proposal. You know, to go into -- I think the focus of what I really want to talk about is our objectives, you know. We want to see this development get done, and we want to see it optimized, the public benefit. There's no shortage of demand. As you know, we're worked in the community already. We're investing in the community. There is a huge demand based on our market analysis, based on, you know, what we deal with on a day-to-day basis. And we wanted to present a proposal that has a two-phase June 9, 2020 Page 65 development approach. One, working with the Community Foundation utilizing their funding to the extent that they're willing to grant the support to develop a workforce housing development that focuses and preferences essential service personnel. Secondarily, to not ignore the glaring need, and I think to benefit the public further, to implement a senior veterans development phase that you have the land. If you optimize the land, you can certainly provide a multi-phase development approach that will better serve the residents of the county and the needs. In total, our proposal had 348 ESP units as well as that 122 but, you know, that is flexible. So between 120 to 150 affordable senior veterans units. So that is 470 units as proposed is the maximum or the highest number of units that are being proposed by the other proposers in their initial submission, in any case. Second goal is something that I feel strongly about is, you know, consideration for land, consideration for the county. We're not looking for a handout. These developments, if structured correctly, can support land-lease payments, and so we've structured about three-and-a-half million dollars between the two phases, and we'll get into how that's split up later. But on three-and-a-half million dollars coming back to the county in capitalized land-lease payments. So when we close, the county receives consideration for the conveyance of the land under the land lease. In addition, our property taxes are intended to be paid on the senior veterans affordable development, on the workforce ESP development. Depending on the development's ability to support taxes, I think we would look at negotiating a payment in lieu of taxes to ensure that there's some return to the county. And that is fungible. So land-lease payment versus taxes, it all comes down to the sources available for development, so that's something we would look at in coordination with the county to determine which is preferred. June 9, 2020 Page 66 And, frankly, we -- you know, we see the developer fees on the ESP development, particularly if the Community Foundation is participating, as something that every developer should forego because, ultimately, the ESP -- the Community Foundation's money should not just be used to go into the developer's pocket at the end of the day. That development is able to generate significant cash flow which will return enough to the developer and owner to sustain that development. So we're willing to forego that, and that's really to the benefit of the development where we can -- that's one of the reasons we're able to support more units. It's one of the reasons -- you'll get a better- quality product out of it, because you'll have more sources instead of paying the development to put into a quality product of the building. And one of the biggest objectives is ability to execute. As you know, we're working within the county. We have -- you know, we have a development agreement and a land lease that's already been negotiated in relation to Bembridge, and we could expedite the process by utilizing those documents, the template. Our counsel's been through this with the county's counsel, and I think it's a great starting point to allow us to move quicker than any other proposer would be able to. We do have an experienced local team. As I mentioned, the Community Land Trust, who is providing supportive services -- or services within the community. And we do have the capacity in place. McDowell Housing Partners, we are establishing -- we have established a local office. We have an individual who is going to be working directly in Naples, will be placed here, and then as well as a new vice president of development who is coming off of a project you may know as Magnolia Square on Goodlette -Frank and Pine Ridge. And he just -- he was the lead developer on that project as June 9, 2020 Page 67 well. So a lot of experience there in addition to the experience that we've been able to gain just recently. We have a team that's in place with engineers and professionals, our professional design team. Intimately familiar with the Collier County entitlement process, which is a big issue here . That's going to take time. We understand that process, the zoning requirements, the land-use change requirement. And what we're offering is we can take over -- we know -- we saw that in the package there was a million dollars that's been earmarked for Davidson Engineer's contract. In consideration for the development and the development rights, we would be willing to take that contract over from the county to alleviate the burden of your general revenue funds. So that's just something to consider that we wanted to throw out there for consideration. We have committed financing. You know, this is a big development. This is a completely different ballgame than a, you know, 100-unit tax credit development or a development serving migrant farm workers or development solely focusing on supportive service housing. This development's going to require 60 to $70 million construction in permanent loan. That -- requirements of those lenders, especially in the COVID world today, are very stringent. It's extremely hard for some of the biggest market rate developers to get construction financing these days. We do have a commitment that's been placed in your package from an FHA lender, so this is a HUD guaranteed loan product. It's a $63 million commitment. The total development costs on ESP -- it's for the ESP phase -- is about 78 million. So that gap funding is coming internally. We're also an Opportunity Zone Fund, so we do have a commitment with an Opportunity Zone Fund investor as well as internal capital to the extent that the Community Foundat ion will June 9, 2020 Page 68 not grant us their support. Last thing I want to say, our objective in delivering these units is to really commit to a timeline, and we're confident that once the zoning approval is in place, the PUD is approved, the land use is changed, we're ready to immediately close thereafter, and our construction period's about 14 months. So that's really the process that we have to get through, and then shovel in the ground, units about 14 months thereafter. It's a -- you know, it's a larger project, so I think that's an aggressive timeline, but 14 to 16 months is where you should be seeing delivery of units. Last objectives, you know, we want to be collaborative here. You know, that's an important part to this. We've demonstrated the vision, the capability, and the flexibility to work with both the county and the Community Foundation. The neighborhood sensitivity and compatibility items, we have just commenced discussions with the Golden Gate Civic Association. We've taken a lot of time and care to ensure that we've designed the product to have as little impact on the single-family neighborhood adjacent to the product, and we're committed to implementing their feedback as we go through the process of planning and designing and, frankly, through the construction process as well. We've also incorporated supportive services and amenities outside of standard supportive services and resident programs. We are set on including the health and wellness facility, basically screening rooms as well as for practitioners to conduct examinations and screenings, which is more important today, especially in the senior veterans population. Another idea that we have in concept is to implement a financial opportunity center especially on the ESP development where you have -- where you have residents who do have incomes that are probably on the verge of being able to move into homeownership, so June 9, 2020 Page 69 we implement a program that allows for counseling and education to assist in moving from a rental to a homeownership opportunity and further establishing, you know, roots in the community. Lastly, our objective was really on safety and sustainable. This building will be green certified. We are considering an active solar system to power electric in the common areas, which really results in cost savings again going back into the project and not into our pocket. You know, the construction of our development is considered to be concrete. I think that is very important in the zoning that we're in. Backup generator system. Again, entering into hurricane season. We never know what's going to happen. And 100 percent security camera coverage of the entire development site, interior corridors, and outside common areas, as well as key fobs as a standard amenity that we implement on our developments to ensure access is controlled. So we -- we're very excited about the Community Foundation's funding. We -- it's very commendable. I think it's a -- really respect the initiative that they're raising dollars to invest in workforce housing, particularly to service ESP. The thing that we're looking at here and we're struggling a little bit with -- and we're seeking your clarity on this, and we hope that we can continue the discussion with the Community Foundation, but we structure our development to meet 100 percent of the outlined specifications and goals that were set forth within the solicitation. We've presented that in correspondence a few times now to the Community Foundation, and we haven't been able to get kind of through the black box as to what it is that we may be lacking that otherwise doesn't qualify to represent their support for our development and our team. We're structured 100 percent nonprofit ownership on the ESP development, which is where their funding June 9, 2020 Page 70 would be used. Our rents are capped at 80 percent AMI, although the incomes are not capped. So renters are never going to pay above 80 percent of the area median income regardless of how much their income -- they actually earn. We have the ESP preference 100 percent. You know, that's our number-one preference on filling these units, and we've exceeded the senior and veterans goals that were outlined. So we're really looking for clarity how we're not meeting this requirement, and if you're going to allow the Community Foundation to only support developers and proposals that they subjectively select, then they're effectively influencing this procurement process at a level that I don't think was the intent for the Commission. So I'm just, you know, looking for your help on that. Hopefully there's somebody that can speak to that effect at some point during this process. In any case, if we don't have the Community Foundation support, this development is viable. We have internal capital. It's about 10 to $13 million in equity that we would need to raise. Again, it is an Opportunity Zone Fund that has interest in the development, and we are -- you know, internally we have the capital to be able to put this deal together, and it works just as well. Of course, we would welcome the Community Foundation's support and funding. Frankly, if they move the funding elsewhere, it may be a win-win for the county in the sense that another ESP development gets funded and, if supported, ultimately resulting in more units. So that is something to consider. And just a quick comparison of proposals. Although the scoring did a great job of ranking the proposals, a couple of things I wanted to point out. You know our proposal does provide the highest number of units in total. One of the things that jumped out to me in r eview of the June 9, 2020 Page 71 proposals was everyone averaged about $200,000 per unit in total development costs, but for one proposal with Ability Housing that just seems to be out of line with market costs today. I don't know if they're including all of the amenities. I'm not sure where that came from. Just something I wanted to point out that that kind of raised a flag that you may want to look at the numbers a little closer to ensure that you're not going to end up with a shortfall. MR. OCHS: Mr. Chairman, forgive the interruption. I think the 10 minutes have run for this particular proposal. Just wrap it up. CHAIRMAN SAUNDERS: Yeah. If you could take 10 or 15 seconds to wrap up. I was wondering about the 10-minute limitation myself. MR. SHEAR: Sorry, sorry. There's a little more here than -- always takes longer to get through these. So just kind of going through, we have proven success in this county. We have a team that is local, that is dedicated, that has a lot of experience doing this. This is a major development. It's going to need support and help, whether that's in the financial capacity, whether that's in the development experience and expertise. Our personnel requirements are heavy on this development, and I think that needs to be strongly considered in your selection of the developer despite whether or not they have support of the Community Foundation with their funding. CHAIRMAN SAUNDERS: We do have -- I'm sorry. Are you -- MR. SHEAR: I'll wrap it up there. CHAIRMAN SAUNDERS: Okay. MR. SHEAR: Thank you. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Well, I think -- yeah, I think I need to hear from the Community Foundation at the right time. I think that's -- that -- I am totally confused. I think I need to direct a June 9, 2020 Page 72 question to our County Attorney. If a for-profit developer comes in with non-for-profit partners, does that make him non-for-profit? MR. KLATZKOW: Well, it doesn't make the entity not-for-profit. COMMISSIONER TAYLOR: Okay. So at some point I think we need to hear some clarification, because I'm totally confused and -- right now about everything. Thank you. CHAIRMAN SAUNDERS: All right. Let's move on to the next presentation, and if you could set a timer. MR. OCHS: Yes. MR. MILLER: Yeah. I'm sorry, sir. The beeper had been turned off. I did not realize that. It's fixed now, sir. CHAIRMAN SAUNDERS: That's okay. MR. WILLIG: All right. Commissioners, your next speaker is Steven Kirk with Rural Neighborhoods. MR. KIRK: Good morning -- good afternoon, just about, Commissioners. My name is Steven Kirk, and I represent Rural Neighborhoods. Let me see if I can get this working correctly. Just -- although "rural" is the first part of our name, I want to just remind everyone that we're not just rural anymore. We are engaged in developments from Miami-Dade to Gainesville. Those are two of our most recent senior projects that are in progress in Miami-Dade County, a $32 million project, and senior housing in Gainesville that is in -- it's a $22 million project. We are active in nine counties, and we have a local knowledge and a local team. We have been involved in Collier County since 2002, and we have as part of our team here today, Dottie Cook who has been with the Empowered Alliance of South Florida for a number of years, who has been with Rural Neighborhoods for the past four June 9, 2020 Page 73 years. David Corban is our architecture on this project. David has an intimate knowledge of the Golden Gate community just having worked on Grace Place there, which is a very successful project. And Wayne Arnold and Grady Minor are our civil engineers. And we're proud to be associated -- yesterday, if you saw the front page of the Naples news story about the shelter in Immokalee, that was land that we provided to the shelter, provided the legal entitlements to it. Pleased to say David Corbin was the architect of that project, and Wayne Arnold was the civil engineer. So we're using a very successful team in this community. We're thrilled about the Foundation model. As a 501(c)3 charitable organization, we see you being the beneficiary of a brand-new source of local equity. This is funding that does not exist in Miami-Dade. This is funding that does not exist in Lee County . This is a unique opportunity to include the private charitable sector in the development of a piece of public land. We think it's replicable. We think that if this is successful, the Foundation and its partners can do this again. And in this instance, the nonprofits will take cash flow from this project, reinvest it back into accounts with the foundations and endow rather than to pocket the cash flow that's generated over the next, potentially, 50 years of the economic life of this project. And we think that 120 percent for essential employee housing is feasible. I've had conversations with commissioners in the past in which we want to find the elevation of AMI to a point where we begin to include essential employees. The healthcare workers are putting their lives on the line for us today to the firefighters and others. And, historically, affordable housing hasn't solved that problem. It goes to 60 percent or to 80 percent, and all of those employees are generally making more than that money. June 9, 2020 Page 74 So to reduce the commuting from Lee County to here for teachers and others, this is a model that really works. And why is it unique? Because they're basically -- not just for the ESP project, as Mr. McDowell said, but for both projects. The senior veteran and the ESP there would be 100 percent nonprofit ownership from a group like Rural Neighborhoods or Ability Housing, and that would be no benefit to a for-profit developer in that sense. So we could invest this money back into the foundations and use it for future projects. We are a charitable 501(c)3, but that doesn't mean we're naive, nor does it mean we have no capital. Rural Neighborhoods has $143 million worth of total assets, net assets of $60 million, cash of $6.2 million, and $100 million worth of projects in the pipeline. We are a sophisticated rental community developer. We were here and active in Hurricane Irma. We were a corecipient of the Collier County Foundation's Harvey Kapnick Award for rehabilitating 70 homes from the black community in Naples to the rural community in Immokalee and we've been here since 2002. What have we done since 2002? We've developed seven rental communities, 317 units CO'ed, six of those using Florida Housing Finance Corporation, a source that almost every developer in this competition believes is necessary. So we're not just funded for a project. We have actually built and continue to operate these projects since 2004. In 2018 to 2020, Rural Neighborhoods has been one of the most successful groups getting money from Florida Housing Finance. We have $100 million of projects in our pipeline. We're competent. We're not naive. We know this is a big project. Our prices are in line with those of McDowell and others. And McDowell has a great success with Bembridge. That's absolutely true. They have been able to receive $8 million in CDBG June 9, 2020 Page 75 money for that project. We, too, were active in that same funding. We've raised over $11 million to build equivalent projects in Monroe County during that period. So we have some tools in our toolkit. One of the things I believe we've handed out is a commitment from Dominium corporation. Dominium is a for-profit developer, the largest -- one of the largest developers of affordable housing in America. They have 35,000 units. They, as a for-profit developer, have pledged pro bono assistance to Rural Neighborhoods throughout the three years that we expect this development to take. They have pledged 4,800-plus hours of time for this project pro bono; no fee taken by the for-profit developer to provide their existence -- assistance to us during the project. Rural Neighborhoods has pledged its aid to Ability if it is selected. Ability's pledged its aid to us if we're selected, but we've also reached out to Community Housing Partners, one of the largest southeastern United States nonprofit developers, and should we ask, they basically said that they would come in and help assist in this project. So we have a lot tools in our toolkits. One of the things that has not been said is that our state housing finance agency in this medium county round, which includes Collier County, would have 100 percent nonprofit set aside, one that McDowell Richmond Group, Gorman & Company would not be able to qualify for. We are good stewards. We've never had a foreclosure, never had a default, never had a loan forbearance. And so we believe that by your selection of us, for 99 years this project will remain to be affordable in this community. These are some of the designs that we have used in our current projects, but we are one of the few proposers who said to the Golden Gate community, we will have a charette to decide what this should June 9, 2020 Page 76 look like. We will not impose our design on you. And with David Corban as our architect, having gone through a process with Grace Place and involved himself with the community, we believe that we can follow through with that. One of the things we're concerned about is what does this look like. We, too, have pledged resilient concrete construction, impact doors and windows, ceramic baths, hard surface countertops. You will not be able to distinguish this project from a market-rate product in your community. It might be a little bit smaller. We're going to use beneficial financing to make that difference. But it's going to look like a market-rate project. And all of us today are going to provide amenities. It was mentioned health and wellness. For 18 years we have been providing health screenings in our communities in Immokalee. Every quarter we do health screenings for our residents. We would continue that process with the seniors, veterans, and essential employees in the county. Just wanted to share with you that we have done income and expense statements. This competition is fairly tight. You have 12 points separating one, two, and three, literally two points per reviewer. Those were based on economic projections that we all produced in our proposal. The proposal that McDowell just shared is one in which, frankly, is not in their content. There is no alternative equity in their proposal. They don't even have an income and expense statement in their proposal, just the sources and uses. So we don't believe that you should be scored and have an alternate proposal in this hearing. Looking at the handful of proposals, if you come into this competition pledging $10 million from a foundation for a 100 percent nonprofit deal and there is a for-profit developer, and the for-profit developer is going to own the senior veteran project, then, June 9, 2020 Page 77 realistically, you came into this project with a $10 million gap, and now you're trying to fill it in the midst of the meeting. We believe that the costs for four out of the five of these show an understanding of concrete cost -- concrete block construction in this community, and we feel that we have the ability to both fulfill your goals, the Foundation goals, and then hopefully replicate this and do it again. So thank you very much for your time. CHAIRMAN SAUNDERS: All right. Seeing no questions at this time, we'll go on to the next presentation. MR. WILLIG: I'm trying to find the presentation right now. COMMISSIONER SOLIS: While we're doing that, I would just say, if anybody hasn't seen the work that Mr. Corban's done on the Shelter for Abused Women and Children's Shelly Stayer Shelter, it's amazing. What an amazing accomplishment that was. COMMISSIONER McDANIEL: Something for our community. COMMISSIONER SOLIS: Linda Oberhaus, way to go. MR. WILLIG: All right. Commissioners, next proposal presenter is John McClutchy from JHM/RHD, Naples, LLC. MR. McCLUTCHY: Good morning. My name is John McClutchy. I'm the founder of JHM group of companies. I've been developing housing for 50 years, and for 40 of those years I've been developing with Richard Richmond with Richmond Group. We have been partners together all these years and co ntinue to partner together in many other opportunities throughout the country. Between the two of us, we've built in every state in the state -- in the United States. And we've chosen Habitat for Humanity as our not-for-profit partner in this venture because we believe they have a solid background here in Collier County. They've been here since 1978. They've developed 2,000 units of housing in the county. And we've reviewed what they've done and like what they've June 9, 2020 Page 78 done. We believe that they have general knowledge, local knowledge of the community that's going to be very helpful to our group and bringing things together. They also provide an opportunity for people who are going to rent units in this development to find housing opportunities for homeownership beyond rental phase. Richmond and JHM, we have -- between the two of us, we've done 150 units of housing throughout the United States in excess of $20 billion worth of housing. Richmond is the fifth large syndicator of housing in the United States and the seventh largest apartment owner in the United States. Of the 150 units, Richmond's done about 100,000. We've done about 50,000 units. We believe that with our background and our knowledge, the fact that we control our own construction entity here in Florida, that we have better control of costs, better control of the end product that the county -- we believe the county is looking for. All of our properties include -- I don't know how to move this. MR. OCHS: Arrow down. MR. McCLUTCHY: We have 400 employees betwen the two companies -- three companies, excuse me, and we have vertical integration in terms of we handle everything from land -use approvals through property management and asset management. So that means we handle all of the design work, all of the construction, all the property management, and all of the asset management. It's all done with our employees, and we continue to maintain control over it. As I said, Habitat for Humanity, I think you all know, we've worked with them in other states. This is our first time with Collier County Habitat for Humanity, but they certainly have a great reputation. We've spent a lot of time talking with them, and we believe we have the same ideas in terms of what housing should be for people. June 9, 2020 Page 79 As I said, this is an opportunity for us to work together with them, not just on this property, but to look for other opportunities within Collier County to work with them in providing combination rental and homeownership opportunities for people of Collier County. This flowchart shows that Richmond and JHM control everything that's going to happen throughout the development process. We own the management company, we own the general contractor, and we are fully involved with the design firm, and they've been working with us for quite a while in other opportunities here in Florida, including here in Collier County. In terms of responsibilities, JHM Richmond will structure the financing plans, manage the due diligence process, oversee the development team, and the project management. Habitat for Humanity will be directly involved in community engagement, local outreach, and design input. And to speak to what one of the other presenters brought up, in every one of our properties, we reach out to local stakeholders. It's important for us to understand what the community is looking for, what's going to work best for the community, and for our developments to fit in the community. In order to do that, we need to have direct dialogue with community stakeholders, and that's everyone from potential residents to the local business groups to community groups that are interested in what's happening in the Collier County area. We have a process where it's an open, transparent conversation with all of those groups to make sure that they're giving us their input, and to the extent we can respond to that input, we're able to do so. Site plan is preliminarily laid out. And, again, this is something that we have looked at. We believe this works. But before we would finalize this, we would want input from the County Commissioners, June 9, 2020 Page 80 we would want input from other stakeholders, local residents and community groups. I actually went to a symposium that Commissioner Taylor had given at the golf club, I think, last -- past winter, and it was quite obvious that there is a lot of interest in what's going to happen with that property. And it would be up to us to engage those people and make sure that they get -- they're heard and their input is listened to, and to the extent it can be addressed, it addressed in this development. We're looking at a 406-unit development. The designs you see here are typical of what we do in all of our developments. Every one of our units is sized to be comfortable living for the bedroom size that it's being designed for. We have -- in terms of amenities, we're very careful in what we provide. We have -- many of our properties have medical facilities, so we would work together with the local medical community, including the hospitals, to talk about clinics and other opportunities that they could provide for the residents of this property. These are three developments that we have right now, which I -- just give you an idea of the types of designs that we do. Our properties are made to be -- reflect upper-end market-rate apartments. In terms of interior finishes, as you can see, we don't -- we don't skimp on them. These units are made for people to live in, and they need to be comfortable in them. They're made big enough so that they can furnish them properly, and we have stone countertops and hardwood floors and tile floors. This is a typical two-bedroom and one-bedroom unit. As you can see, the bedroom mix is on the right-hand side in terms of the number of each type of ones, twos, and threes, for a total of 406 units. Site amenities. These are typical in all of our developments: Exercise facilities, playgrounds, pools, community space. Community rooms are there, club rooms, whatever you want to term June 9, 2020 Page 81 it, and they're there for the purpose of having the residents be able to use them for their own events. Whether it happens to be a birthday party or a wedding anniversary or a wedding shower, they're there . There's no cost to them to use it. We -- just as long as they don't damage it, we absorb the cost for them to use it. The other thing that we do in all of our complexes is we have a computer room. Because we know that not everyone has access to Internet and computer equipment at home, we provide this for our residents. And they can use it for children to do their homework. We provide all the equipment and all the paper and the printers and all the rest of it, and it's open for just the use of our residents. It's worked out very well. And, in fact, in many instances we bring in local college students to tutor the children that are on site in terms of their own schoolwork and homework. This gives a look at our target rents, which we feel are reasonable for this area. We've not talked about the Foundation money because we're not interested in the Foundation money, to be very truthful. We believe this could be done through our own financing. As I said, Richmond is the fifth largest syndicator of rental apartments in the United States. And between Richmond and us, we have the internal capital to be able to bring this together and make it work. And not that we're not going to go out and use conventional construction and permanent financing. We will. But we have balance sheets that allow us to be able to have the flexibility to structure those deals as they best fit the individual deals that we're doing. We're comfortable we can stick to this timeline. We actually increased this timeline as we started looking at this whole pandemic issue. The reason being, that we've seen the slowdown in our own construction projects, so we've added extra time into this one to make sure we have the full time to be able to complete it. June 9, 2020 Page 82 In conclusion, I believe we have a team that can provide Collier County with the housing that it needs. And it was good to be here early today and listen to the people who spoke in the beginning. They -- the proclamation was read about the school system, which focused on the teachers and the people working within the school system and the medical facilities workers that were the focus of the doctor's conversation on the COVID problem that we're facing right now. These are people that need housing. They don't have all the money in the world. Too often they're commuting from too far away to get here. By putting the housing here in Collier County, it allows them to have more time at home with their families and children. It allows them to be able to take the earnings they make and spend it within the community, which is economic development for the community, and it makes the community a much better-rounded community, in our opinion. CHAIRMAN SAUNDERS: Thank you very much. MR. McCLUTCHY: Thank you. CHAIRMAN SAUNDERS: Again, not seeing anyone's light on, we'll move on to the next presenter. MR. WILLIG: Commissioners, your next presentation is for Gorman & Company, LLC. I invite Joel Reed up to the mic. CHAIRMAN SAUNDERS: I'm sorry. That was Joel Reed? MR. WILLIG: Yes, that's correct. MR. REED: Good morning, Commissioners. CHAIRMAN SAUNDERS: Good morning. MR. REED: You guys have your plates full, so thank you for having us here today. We're excited to be here today. I'm with Gorman & Company. We are a -- let me see if I can get this to advance. We're a 36-year-old company founded in the '80s by Gary June 9, 2020 Page 83 Gorman, and we're really community developers more than anything else. We have focus markets that we're in. We're here in five focus markets throughout the United States. We are a national developer. I think what we bring is we bring that creativity in what we learn on projects nationally to a local environment. I'm the market president for the Southeast. We have market presidents for those other markets. We have a lot of synergy amongst the markets, a lot of sharing amongst our markets, what we're doing, what's working, what's not working. We're vertically integrated as well. So we have design, construction, architecture, project management, and development all in-house. It allows us to move very efficiently, very effectively, and quicker than if that's spread out amongst a lot of different entities. What we don't do, though, is we don't come into a market and act as if we're the expert in the market, and so we always partner with local partnerships, consultants, engineers, architects. Contractors we try and hire local as well. So our integrated team for this is myself. I'm the Southeast market president for Florida and Georgia; John Lerdahl is our development director based out of Orlando; then you have Patrick who's our director of architecture; Laura, who's our head of operations, such as our property management and asset management; and then Ron Swiggum, who is our director of construction. Some of our core purpose and values: Like I said, our purpose is we're community developers. We're not coming in just to develop once in a community. We're asked back in the communities that we work in, and we continue to be in those communities. We want to build strong neighborhoods, not just one project here or there. We're there to build a community. My background's as a planner. A lot of us in the firm have planning in our background as well. June 9, 2020 Page 84 A lot of our values -- some of our main values is we protect our reputation at all costs, because that's all we have when it comes down to it is our reputation. And so, like I said, we are asked back to the communities, and we do whatever it takes to make our partners happy, and we try and exceed your expectations with our projects. We're a Midwest company based in -- and I do think the Midwest brings something. I guess, I was born initially in the Midwest, and I loved that about Gorman when I came on is there is something with that Midwest value or something. We're based out of Madison, Wisconsin; actually, Oregon, Wisconsin, which is a tiny town outside of Madison, and there is something just with the values and commitments that comes with that. We're ranked No. 7 with Affordable Housing Finance's largest affordable developers in the country. We were ranked seven last year; very proud of that. We've always been ranked as one of the top developers for the class 30-plus years that we've been around. You've seen a couple scores, and I guess it's like statistics or numbers. You can slice it and cut it any which way. And I was thinking today coming here. I was like, I don't know if they'll pay attention. We were ranked No. 4 on the list there. And I was a little disappointed we were ranked four, because we typically rank pretty high, at the top of most of them . And so I asked procurement if they could send me over the scores and the breakdowns and I could analyze the scores to see what areas we lost points in and where we didn't do as well as some of our competitors. So I created a sheet, and on the bottom there it has business plan approach. We got ranked on support, on our support for community objectives, our financial capability, qualifications. The one thing you don't see on here is local preference, which gave 10 points, or 50 overall to that top sore. If you take out local preference, we all of a sudden become the number-one firm. June 9, 2020 Page 85 And I think a lot of those other areas are equally, if not more, important. Local preference is, obviously, very important, and that's why we put together the team that we had. Like I said, we don't want to come into a community and act as if we know everything . I mean, we'll talk a little bit about the redevelopment plan and that neighborhood that's there. The planning and, you know, working with the community is very important. So we have a team. I think we've put together probably the most local team of anyone. I'd like to put up against anyone. We've got Bob Mulhere, we've got Rich Yovanovich, we've got Norm Trebilcock, and we have Stofft Cooney Architects who are all Naples. All probably you guys have seen them a lot before here in the Commission, and some of these relationships we've had. We've had a relationship, I have, with Stofft Cooney for, I don't know, probably eight years now with going back on doing design. And we have a local -- we have a nonprofit partner as well in Volunteers of America in order to provide the services to residents at the facility. So in our market in Florida, we've done six projects in Florida, and we have an office in Orlando. The Golden Gate property is very exciting to us. We think it's a great project. I think we bring something unique in that what we're looking to do and what we understood that you wanted was housing for essential service personnel and workforce housing. You didn't want -- I mean, we can provide all kinds of housing. We provide very low-income housing in some communities that have that need, we provide senior housing, we provide veteran housing, homeless. It just depends on what the community wants. What I heard you saying is we want workforce housing. We want it for our essential service personnel, and so that's what we proposed was 336 units of housing for essential service personnel. June 9, 2020 Page 86 And I also heard you saying we want veteran housing as well. I guess, just going back to the essential service personnel, we looked at the rents in Collier County. We did our market research, we looked at the incomes, and we have to structure this deal to work financially. And we looked at 80 percent and 100 percent rents to charge those in the property for workforce for the essential service personnel, and I'll go into why we chose those numbers. In all of our properties we offer all of the amenities as a lot of the other developers. We've talked about the indoor spaces, the outdoor spaces. We have pools in some projects. We always have community rec rooms, club rooms, high-quality construction. The other part of this project is a 72-unit senior veteran piece of it. And this one we'd actually applied a state of Florida in our model we show to go after low-income housing tax credits, which we've used in a number of projects and been successful at. And that uses the 9 percent tax credits. The services for the seniors and veterans would be given by Volunteers of America. And in those projects we typically have community gardens. We'll have rooms where they can come in and do services such as medical services and stuff for individuals there. So the workforce component, this slide, you know, it was based a lot on our financial models. We've heard people saying they're going to charge 120 percent rent. Some people say 80 percent. Community Foundation money. I'd be thoroughly confused if I were you-all as far as how this all works. But we looked at the essential services such as a nurse, a teacher, a patrol officer, an HR specialist and said, what's their entry wage and what's their median wage in Collier County. And entry wage, just, you know, you can see them up there, 47-, 44-, 47-, and then you can see the percent of AMI. The reason why I put that there, of the 80 percent AMI, 76 percent, 86 percent, because June 9, 2020 Page 87 what we're proposing is a rent-restricted development to keep these rents attainable for the essential service personnel. We're not trying to income restrict. If you have someone that comes in here and income restricts at 60 percent, this nurse, this teacher, this patrol officer isn't going to qualify for this housing. So we thought it was very important to do it based on rent restriction. And I may show you a couple models where we've done that across the country in other developments. Again, this is just more income data. You can see as far as unit prices for one-, two-, and three-bedroom, if you look under the 100 percent and 80 percent column, it gives you kind of a quick look. I'll show you a two-bedroom. Our two-bedrooms we'd propose at 1,400 to $1,800 a month. The market's closer to the 120 percent. If you kind of look at what's out there in the market, it's closer to, you know, those 120 percent rents. And then 60 percent rents you typically need quite a bit of subsidy if you're going to go down to the 60 percent level. Volunteers of America is our nonprofit partner that will be providing services. They're in Florida. They're offering 78 programs and services throughout Florida right now. They serve 5,500 people a day through their programs. The type of programs we'll have for the seniors and veterans is we have behavior, health, and case management. We do training, education, employment services, wellness services. A little bit about our team. Stofft Cooney Architects are here in Naples. Hopefully some of you guys are familiar with them. They do a lot of high-end housing as well, and I think that's the thing is you wouldn't be able to distinguish, from our project, market rate versus a workforce product. We looked at some plans. We had it more spread out garden-style apartments, which were three-story walkup buildings, a June 9, 2020 Page 88 bunch of buildings, maybe a more suburban pattern, and we took kind of that northeast corner of the golf course and southwest corner to get the 406 units on the site. This is a typical kind of elevation of what a lot of this product looks like in an elevation. Floor plans, they're spacious floor plans. We have a mix of one-, two-, and three-bedrooms for the residents. We were asked to look at what Davidson did for a layout for the site plan. It's a little more dense. We can definitely build within this site plan. If this is what the community wants, if this is what the Commission wants as far as using just this one area, we can fit the 408 units in there. Over by 5A by the pond, I think these two-story buildings would be great for the senior. CHAIRMAN SAUNDERS: We're going to need you to wrap up here fairly quickly, if you would, please. MR. REED: Okay. So just -- here's a model. This is out in Lyon's Ridge, Vail, Colorado, where we have done income-restricted housing units. The land was made available to us from Vail out there in Vail. And it had preference for workers there working 30 hours a week, and those were the rents that we restricted to. This is another one, Winter Green in Keystone, Colorado, we did, which is another workforce model that's built, operational, leasing up right now. And just to be clear, workforce, when we say workforce, it's 80 to 120. Affordable's 60 percent and below. So that's kind of industry standard when we're talking about workforce versus affordable. This is a veteran housing that we did out in Arizona. CHAIRMAN SAUNDERS: Mr. Reed, we need you to go ahead and wrap up, if you would. MR. REED: Okay. And we're vertically integrated with construction. You were going to hear from our director of construction, but you want me to wrap up, and it doesn't look like the June 9, 2020 Page 89 video's working anyway. So I'm going to move on. We have property management and asset management as well. So thanks for your time. It was -- I had a feeling I wasn't going to get it in in 10 minutes, but appreciate you hearing us here today. CHAIRMAN SAUNDERS: Thank you very much. And sorry to kind of rush you here, but we're trying to keep these to 10 minutes as close as we can. MR. OCHS: You ready for the next one, final? CHAIRMAN SAUNDERS: Yes. And let me suggest to the Board that we finish this item and then break for lunch . Would that be acceptable? COMMISSIONER TAYLOR: Yes, thank you. CHAIRMAN SAUNDERS: And then the court reporter, if she'll give me the thumbs up that she's okay. THE COURT REPORTER: (Thumbs up.) CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: Finish and vote? COMMISSIONER TAYLOR: No. CHAIRMAN SAUNDERS: Let's see if we can finish and vote and then break, yeah. MR. MILLER: Mr. Chairman, I do have quite a few registered speakers on this item. CHAIRMAN SAUNDERS: All right. Well, we may not be able to finish up, but let's get the presentations done and then -- MR. WILLIG: Commissioners, your next and final presentation is from Ability Housing, Incorporated, Greg Matovina. I probably said that wrong. CHAIRMAN SAUNDERS: How many speakers do you have? MR. MILLER: I have three public speakers here, and then I have another four or five online. I say four or five because some were June 9, 2020 Page 90 with the organizations that have already presented. MR. MATOVINA: Commissioners, thank you for having us here today. My name is Greg Matovina. I'm the chairman of the board for Ability Housing, and I have with me today Shannon Nazworth who is the president and actually runs the operations. I'm kind of the figurehead. And this was so important that we had to bring the figurehead in, I guess, because we feel that way about it. Let me, first of all, tell you that we applaud you-all for taking this initiative, and it seems like the presentations so far have largely been about projects, and we don't build projects. We build communities with people in them, and we serve those people, and that's what Ability Housing does, and I think that's probably what's more important to you-all than the project, not that the project or the development is not important. Clearly, the state of Florida has a shortage of housing for essential services personnel. It has a shortage of housing for seniors and veterans and lower income folks. And so, again, it's very important to us that this project proceed regardless of who is selected because it fills a big need in the community. The ITN didn't really specify a site, and it kind of gave some really general parameters. And so you've seen some very varied presentations. What I would tell you is that we are prepared, regardless of which site the county chooses to move the housing to, whether it's the southeast or the northwest -- and the site we chose was generally in the northwest are -- we're prepared to be flexible in that arrangement. And the important thing is that we have experience and the developer have experience in providing appropriate buffers and scale with regard to the neighbors for it to fit into the neighborhood. So that's the important thing. And then the second most important thing is that the floor plans and the amenities fit in June 9, 2020 Page 91 with your intention for the overall property, not just that particular property. So I've heard a lot about clubhouses and swimming pools, and we certainly plan on having modern amenities that the -- that the county would like to see, but at the same time I think amenities are shifting more to outdoor type activities with trails and things of that nature, and so that would be something we would want to explore with the county staff. The final important thing about the community, aside from the developer being flexible and working with county staff and the Commission, is that it be maintained in a high-quality fashion, and we have done that throughout our history at Ability Housing. Our business proposal is very straightforward. The county donates the land. We ask for no direct funding from the county for construction. We'd ask the county to help us with the zoning, obviously, and expedited permitting, and then some of the finer details in a development agreement we would discuss, perhaps some impact fee waivers, perhaps use of some tax increment financing for this entire property and, of course, we would also look at reinvesting future cash flow from the project back into the community into perhaps another community for serving these or other populations. The populations to be served, we talked about including essential service personnel, the veterans, and the seniors. This is a rendering that we prepared of the proposed development northwest of the condos there. As you can see, it's quite attractive, and would be the type of building we would expect to provide for the people, most importantly serving the people. The proposal location, as I said, is northwest of the condos on the site as shown here on this particular slide. Our amenities, again, would be like you see in a market rent apartment complex, but at the same time we would look more to the change in the way that people June 9, 2020 Page 92 are viewing amenities these days and wanting to be more outdoors and not cooped up in spaces where they might catch something. You know what I mean. These are the amenities as we discussed. And then here is our suggested unit mix. The important thing that I would like to point out about this unit mix is that it is possible to achieve a mix like this without seeking tax-credit financing. A 9 percent tax credit is awarded by the state on a competitive basis. There's no guarantee you're going to get it. Even a 4 percent credit takes a significant amount of time. This unit mix, our proposal suggests that we could do it without tax-credit financing. In terms of our experience, we are well regarded in the industry across the state of Florida. We started in the northeast. We've been in the multifamily arena now for 15-plus years, and our success is demonstrated by the fact that in 2015 the City of Orlando asked us to come to Orlando and actually raised $500,000 to pay for our first two years of operations to woo us to Orlando. We own six communities, and we serve over 600-plus families. We have worked in partnership with several communities. Our most recent is with Orlando. In late last year we completed the Villages at Mercy, which was a 166-home apartment community, and that was on land that the county owned -- or city owned, excuse me, and that we bought from the city, and then we worked with them to get that open, and we put 166 families in need in homes in late 2019. We also worked with the City of Jacksonville, you can see here, on a boarded-up community in the downtown area there. So you see the before and after pictures. That was 52 apartments and homes that we produced. In terms of our financial capability, our balance sheet shows $20 million of equity today. The two developments we just recently completed at the end of 2019, Villages at Mercy, and the Villages at June 9, 2020 Page 93 Hyde Park, were at a total cost of over $50 million, and during 2019/2020, our pipeline includes over $90 million in communities. We have an excellent relationship with the Florida Housing Finance Corporation, and we also have relationships with other funders and guarantors as will be needed for development of this size. We do maintain a smaller staff, we have a much smaller staff, and we tend to work with local community members as opposed to having a big overhead that has to be paid for. In this particular case, we would plan to hire a local project manager and work with local architects and engineers and hopefully a local contractor, although that being such a large part of the costs, you have to be very careful about restricting yourself to local contractors. I mentioned and introduced Shannon earlier in the conversation. She has 20 years of experience in the essential and affordable housing arena. She has an excellent relationship with funders, including the Florida Housing Finance Corporation. She serves on the Affordable Housing Task Force for the state of Florida and is the chair of the Coalition on Homelessness. I, myself, have 35-plus years of experience in development in Florida, and in 2018 I served as the president of the Florida Homebuilders Association. And you might ask yourself, how does a small outfit out of northeast Florida hire local project managers? Well, generally, I rely on the people that I met and got to know when I was the president of the Florida Homebuilders Association and sitting in those chairs to hire those local people. I've been on the board now for 14 years. This is my seventh year as the chair. I'm not quite sure why they keep me on, but they do, and I'm not going anywhere. Let me conclude pretty much with the way I started. The important thing for your selection here today is that you move forward with this development and meet the needs that you have, the June 9, 2020 Page 94 big needs that you have in this community. And so what I want to tell you about Ability Housing is we don't necessarily view this as a competition. This isn't about developer fees or our financial arrangements. This is about serving the community. So whoever you select or whatever you're going to do in the future to meet the needs of these populations, we stand ready, willing, and able to do what we can to help you-all to achieve those objectives. And thank you for this time today. CHAIRMAN SAUNDERS: Thank you. We do have, I think you said, three speakers in the audience. MR. MILLER: That is correct, sir. CHAIRMAN SAUNDERS: Let's go ahead and -- if it's okay with the Board, let's go ahead and hear the speakers, and then we'll take a break. MR. MILLER: Your first speaker is Eileen Connolly-Keesler. She'll be followed by Dan Larender. MR. LAVENDER: Lavender. MS. CONNOLLY-KEESLER: Hi. Eileen Connolly-Keesler, president of the Community Foundation of Collier County. I want to thank you for letting us be here today. And I just kind of want to take you back to 18 months ago or two years ago . After we finished our study here in Collier County on the needs, the top thing that rose was housing and housing for essential employees. So after that, we kind of sat back, between the Schulze Foundation and the Community Foundation, and tried to figure out where do we go on this housing issue. So we call -- you know, of course, a big network in the state with Community Foundations, I made some calls. They said to us, talk to Ability Housing, because they were over in Orlando at that moment. So we brought Ability Housing in, and we began June 9, 2020 Page 95 discussions about what do we need and how do we pull off a project like this. They were the ones that said to us, for what we want to do, we're talking about 30 acres, 400 units, essential employees. They ran our pro formas for us. We came to the county and said, can we have a discussion about the land being donated for this project? So I just kind of want to reiterate this -- and at that point the Schulze Foundation -- and Mary Beth is -- was going to be on Zoom at some point here -- said they would consider a $5,000 gift. COMMISSIONER McDANIEL: Five million. MS. CONNOLLY-KEESLER: Five million -- if Community Foundation and others wanted to help raise additional so we could get to the 10 million. So we have done that, bringing in a third partner with Moorings Park, and that's why this project has shifted a little bit to include seniors and veterans at that point. So, for us, we want to work with a nonprofit developer. We have charitable dollars, and those need to go a nonprofit developer, not to a for-profit. So if you choose to go with one of the three for-profits, that's fine, and as Ability has said, we want to see this project done because it's important to this community. We've had a pandemic. We've had protests. We've had fires. We need to get our people in this community. So you choose to do that, that's fine. Our 10 million will go with one of the two nonprofits. Ability Housing, again, we've worked with the longest. I do know Steve worked with him after the -- with Rural Neighborhoods, worked with him after the hurricane. He is a nonprofit. And, you know, my goal would be that Ability and Rural would somehow partner on this somewhere down the line . And had we known at the time Rural was going to apply, we probably would have suggested that. June 9, 2020 Page 96 So we're happy to be at the table with the 10 million, but it will have to be to a nonprofit developer. That's just the stance, because we are talking charitable dollars. CHAIRMAN SAUNDERS: So just to be clear, you're good with Rural Neighborhoods, Inc., or Ability Housing, Inc., either one of those two -- MS. CONNOLLY-KEESLER: Correct. CHAIRMAN SAUNDERS: -- the 10 million will stay in the pot for that? MS. CONNOLLY-KEESLER: That is a correct statement. And, again, Ability was there from the beginning and worked with us through this. That's just a tighter relationship we've had with them, so... CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Your definition of essential service personnel is 80 percent AMI; is that correct? MS. CONNOLLY-KEESLER: Yeah. I think they've run different pro formas on it, yes. So we want to see kind of the 45- to $90,000 range on salaries so that -- that's an area that was not being addressed very well here in the county. COMMISSIONER TAYLOR: Well, when I look at a sheet, which is the comparison of proposals, Rural Lands is 25 percent [sic]/80 percent AMI, whereas ability Housing is 80 percent AMI. It looks like the whole thing goes to that. MS. CONNOLLY-KEESLER: Right. COMMISSIONER TAYLOR: And Rural Lands doesn't go down, they go up, which negates, in my mind, some seniors and some veterans. MS. CONNOLLY-KEESLER: Yeah. We know that when we get into the seniors and veterans, we're going to be the lower end. COMMISSIONER TAYLOR: The lower. June 9, 2020 Page 97 MS. CONNOLLY-KEESLER: Yep. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN SAUNDERS: All right. Commissioner Fiala. COMMISSIONER FIALA: Sure. Just a simple question. I wonder if we would prefer another one that we felt would be more in keeping with that neighborhood and with the people in that area, then -- but if it's not one of those two that you mentioned, they don't get the money. MS. CONNOLLY-KEESLER: Our 10 million will not go to a for-profit developer, that is correct, because these are charitable dollars. These need to go to a 501(c)3. But we want to make sure that we're giving it to a developer. Some of our donors were very clear on this; they do not want for-profit people making money off this project. This needs to be in the nonprofit world for us. That doesn't mean you don't go with them. I'm just telling you where we stand as a community foundation, and we have the right to decide, with the other funders, whom we want to give our money to. So we stand firm on the two nonprofit developers. CHAIRMAN SAUNDERS: And just so the Board knows, there is an invitation to negotiate. So issues of the mix of units and that sort of thing, I think, will all be subject to negotiations. MS. CONNOLLY-KEESLER: Exactly. CHAIRMAN SAUNDERS: So we're not being -- whoever we pick, their proposal isn't ironclad in terms of the mix of units. That will be negotiated out. MS. CONNOLLY-KEESLER: Or even how many units. They're all over the board. I've seen anywhere -- originally the county was saying 250 units on that 30 acres, and now it's up to 400. So, I mean, you just don't know until you get your developer in place and then can actually lay this thing out. CHAIRMAN SAUNDERS: All right. Next speaker. June 9, 2020 Page 98 MR. MILLER: Mr. Chairman, at your discretion, Ms. Keesler mentioned Mary Beth Geier. I have her on the line remotely if you want to hear from her now. I don't know if there was a connection. MS. CONNOLLY-KEESLER: There is a connection, because the Schulze Foundation is five million of this funding. COMMISSIONER TAYLOR: Huge. CHAIRMAN SAUNDERS: Let's go ahead and do that. State her name again. MR. MILLER: Mary Beth Geier. Ms. Geier, are you there? MS. GEIER: I am. Thank you very much. MR. MILLER: Your three minutes has begun. MS. GEIER: Okay, great. As everyone mentioned, my name's Mary Beth Geier, and I'm the Florida director from the Richard M. Schultz Family Foundation. I'm sorry that I can't be there in person but am grateful for the opportunity to present remotely. Our foundation, as some of you may know, has been heavily invested in the Southwest Florida community and Collier County in particular since 2010. In just the past three years, we've provided grant funding in excess of $25 million, a significant portion of that being in Collier County. As part of our community involvement and in collaboration with other community partners, we funded the study that Eileen mentioned earlier, the Community Needs and Assets Study that was published in 2017, which demonstrated the need for affordable housing for essential employees so that they have the ability to live in the community they serve. So with that in mind and in response to the community assessment, we're hoping to develop solutions along with the Community Foundation and along with our county government. Specifically, the Community Foundation and the Schulze Foundation June 9, 2020 Page 99 are talking about this $5 million challenge grant for an essential workforce housing project. Like Eileen mentioned, our caveats for entering into the challenge grant is that county participate in really important work by providing the land for the housing development, and that our philanthropic dollars are tied to using a fully nonprofit developer . We think that this is an opportunity to create a public/private philanthropic partnership to serve our communities. All that being said, I hope you'll consider what we learned from the study as well as our interest in this project, the Community Foundation's interest in the project, and Moorings Park Foundation's interest in the project. We also hope that this public/private philanthropic idea can be a model for things moving forward as something you're l ooking to engage in with all of us. That being said, we know that you're looking to do the best for the community like we are and, most importantly, we appreciate the opportunity to be heard and potentially be invested in this project along with you. So thank you very much. CHAIRMAN SAUNDERS: Thank you, Ms. Geier. MR. MILLER: Your next speaker is Dan Lavender. He'll be followed by Chris Shear. MR. LAVENDER: Good afternoon. I'm Dan Lavender, the CEO of Moorings Park. First I just have to thank Eileen for her leadership on this project in the community. It's been quite exemplary. Not only this partnership she's put together between Moorings Park, the Community Foundation, and the Schulze Foundation. But even before that, I was in several meetings at the Community Foundation bringing together employers trying to think creatively about a solution to a problem we have. June 9, 2020 Page 100 I want to thank you, the Board here. I've been here now 15 years. Workforce housing. What I hear is we're always going to be talking about that. There are no solutions. But I want to thank you for your leadership to bring us to this point. Where's Moorings Park stand on all this? We've committed two and a half million dollars of the $10 million . It's a combination of our Moorings Park Institute, which is chaired by Tom Taylor, and our Moorings Park Foundation, which is chaired by Alan Horton, who is in the audience here. We really believe that this is just such an essential thing to our community. Here are the keys of the essentials for our two and a half million dollars to partner with Community Foundation and be a part of it. Number one, it has to be essential personnel; that includes, in our mind, nurses, teachers, first responders, nurse assistants, those critical people that we need in our community when we have crises. Second, because of Moorings Parks 501(c)3 mission serving seniors, we require that seniors be a part of this project, not only the kind that can afford to live at Moorings Park or Bentley Village, or Siena Lakes or Arlington, or name your place, but maybe those that are falling through the cracks and have given to this community. Third, we want it to be sustainable. I heard in several of the presentations -- one of the primary reasons we want it to be nonprofit is we don't want to put this out there, it be a model, and 10 years later it turns into something else and gets sold. We want it to be a sustainable, one of the presentations said, 99-year solution for this problem here in the county. Fourth, that's why we want it to be a nonprofit, the sustainability factor. And then fifth, Moorings Park wants it to be something proud of. We have high standards for living at Moorings Park. We want this development for workforce housing to be better than what my wife June 9, 2020 Page 101 and I could have afforded 35 years ago when we started out . We want it to be something where people who work here, the nurses, the policemen feel like an integral part of this community and something that not only they're proud of to live in but all the neighbors around them are proud as well. So you have a real opportunity here to create a beta, a model, not only for our community but hopefully for the rest of the country. We stand ready with our partnership and our two and a half million dollars to support something that accomplishes these goals. CHAIRMAN SAUNDERS: Thank you very much. MR. MILLER: Mr. Chairman, as hard as it is to believe, I was in error, and that was your last speaker. COMMISSIONER FIALA: First time, though. MR. MILLER: Today. CHAIRMAN SAUNDERS: Let me make a quick statement, and then maybe we can see if the Board wants to try to wrap this up. I am absolutely convinced that we need to go with either Rural Neighborhoods, Inc., or Ability. To do otherwise would just be, quite frankly, nuts. We would be eliminating this incredible partnership. The Rural Lands -- or Rural Neighborhoods, rather, that group, I think I supported them on the Bembridge project. I'm ready to make a motion to award this to Rural Neighborhoods, Inc. Obviously, I don't know where the rest of the Board is. But that's my thinking. It's either got to be Rural or Ability. My view is let's go with the Rural Neighborhoods, Inc. COMMISSIONER McDANIEL: Second that. CHAIRMAN SAUNDERS: Mr. McDaniel? COMMISSIONER McDANIEL: I'm going to second that for conversation. First off, I agree with you, and I want to say that I've put a lot of weight in the commissioner of the district with regard to his opinion June 9, 2020 Page 102 and how we should, in fact, move forward. I do that on a regular basis. I also want to say there are no bad choices with regard to this. Every single -- I mean, from this -- for these numbers to be as close as they, in fact, were, we could really, reall y pick any one other than an exclusion of a $10 million contribution from not -for-profits. There -- and the last thing I'm going to say with regard to this is this is not the end. There are going to be more projects. We all know and have identified the ongoing need of housing in our community. I had a very nice conversation with Vincent Keyes yesterday with regard to housing being a large barrier for a portion of our population. I want to also say that this is an investment of our community, and one of the things that I've promised to ensure is that these projects are going to be perpetually deed restricted. This isn't going to roll out 15 -- some kind of 15-, 30-year fictitious hold period. This is perpetually deed restricted to provide for a need for our community, and our investment of taxpayer money in that regard is imperative for me, so... CHAIRMAN SAUNDERS: All right. Then we do have a motion and a second. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. One thing that I -- when we talk about -- when we saw, just in these presentations by one of our very qualified candidates for this position, I think it was really Core that brought it forward, it was clear that first responders, basically, their starting salaries wouldn't even qualify them for an 80 percent AMI, or it's very difficult. So I'm concerned with Rural Neighborhoods' breakdown of 25 percent/80 percent AMI, 50 percent/100 percent, 25 percent/120 percent AMI when you think about the breakdowns of who we're trying to serve here. June 9, 2020 Page 103 We've Moorings Park talking about seniors. We're not talking about the seniors that live in Moorings Park. We're talking about the seniors that -- the other seniors that I think we all know about. We're talking about veterans. And so I'm not so sure the breakdown of the incomes and rents that they're addressing really fit the bill, where Ability, it does. So I know that we say that we can negotiate it, but if it's the will of this commission to go forward with Rural Neighborhoods, I think we have to insist it's 80 percent AMI, or suggest that perhaps they, as our -- Ms. Connolly Keesler suggested, that they join forces with Ability, because let's remember who we're trying to serve. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I was trying to find somewhere -- and maybe the Manager can help me get my arms around. What's just the ballpark cost of the whole project? Do we even know? I remember seeing that, but I can't put my finger on it . MR. LAVENDER: Can I answer that? COMMISSIONER SOLIS: Sure. Anybody. MR. LAVENDER: It's in 70 to $90 million. COMMISSIONER SOLIS: Seventy to 90-, okay. That's what I thought. MR. MILLER: Mr. Chairman, I do want to jump in. I do have one more remote speaker. I was concluded with your -- I didn't know we were to vote. I thought we were going to go to break. CHAIRMAN SAUNDERS: Well, let's go ahead and hear the speaker then and wrap this up. MR. MILLER: All right. I do believe we have on the line Todd Lyon. Mr. Lyon, are you there, sir? MR. LYON: Yes. Can everyone hear me? MR. MILLER: Yes. Go ahead, please, sir. MR. LYON: Great, thank you. June 9, 2020 Page 104 My name is Todd Lyon. I'm the director of talent management at NCH Healthcare System. This is a topic that I care very deeply about. I've had conversations with both Eileen and Mary Beth, met with several of you and was able to talk about this initiative and am very appreciative that this is being brought forward here in the community. Hopefully this is the first of many conversations. Wanted to let everyone know that NCH Healthcare System, I'm happy to represent, and to say we hear this regularly from our employees. And these are the folks that we want to be our neighbors. We want them to be here in the community spending their dollars within Naples. Great, wonderful people; nurses, certified nursing assistants, family people who tell us that they commute sometimes up to 90 minutes each way. So after a 12-hour shift, they're driving 90 minutes home, spending the night, getting up, you know, two, two-and-a-half hours before they're to report here to work, which just isn't safe for our staff. So I appreciate you-all putting some focus on this. I work very closely with our recruitment team here. It's hard enough to bring people here. We have a huge nursing shortage in the nation right now, and a large, large percentage of our nursing population in the nation is getting towards retirement age. So it's hard enough to get folks here to work for us; and if they have choice between working here in Collier County and somewhere else where they can find affordable housing, they definitely tend to go in that direction. I also work with our HR business managers who work on the retention of employees, and we'd love nothing more than to keep folks here in Collier County. So just wanted to throw in my two cents. Thank you all for your time today on this topic. This is very exciting for us, and appreciate all your time. Thank you. CHAIRMAN SAUNDERS: Thank you. And thank you to all the June 9, 2020 Page 105 NCH folks for all you're doing to help us stay safe and healthy. MR. LYON: Absolutely. Our pleasure. CHAIRMAN SAUNDERS: We have a -- I don't generally like to jump in and make a motion, and my intention was not at that time to make the motion, but since there was a second, I went ahead and made that motion. And, Commissioner McDaniel, you're lit up again. COMMISSIONER McDANIEL: Commissioner Solis, are you complete? Are you done? COMMISSIONER SOLIS: Yes. COMMISSIONER McDANIEL: Oh, okay. Yes, I am lit up. And the comment that I want to make -- and it kind of goes along with what Commissioner Solis was asking. It's difficult to ascertain the TPC, the total project costs, because -- and I think, if I'm not mistaken, we're picking -- or we're going to select a firm to construct this -- the size, shape, color, rents, so ons and so forth are still yet to be determined. CHAIRMAN SAUNDERS: That's my understanding. MR. OCHS: Yes. COMMISSIONER McDANIEL: That is my understanding. CHAIRMAN SAUNDERS: Invitation to negotiate. MR. OCHS: That's correct. COMMISSIONER McDANIEL: And on that note, I've looked at this site plan with regard to this piece of property, and there's a lot -- there's a lot in a very small package. And so it would be my wish that we are as concerned with regard to covering the needs of our community, as Commissioner Taylor has suggested, and having an aesthetically pleasing community and not be so concerned with -- although I am very much, oftentimes, profit driven -- and not be as concerned with regard to that as we are with making sure that we're servicing the needs of our community and having that June 9, 2020 Page 106 flexibility. And as a sidenote -- I know we're talking about the housing side, but one of the things that I think we can actually have a discussion about is not having a 12-hole golf course but maybe considering a nine and allowing for -- CHAIRMAN SAUNDERS: Don't talk about golf courses right now, please. COMMISSIONER McDANIEL: Well, we're going to -- I think you said at one time when the door's open, we can go wherever we want to, so... COMMISSIONER TAYLOR: No, no, no, no. COMMISSIONER McDANIEL: But be that as it may, we're not -- we're not -- we're not picking the size, shape, and color at this particular stage. I want to make sure that we do, in fact, service the needs of our community. MR. WILLIG: Yeah. Commissioner, you are correct. This firm, whoever you choose, would work with Davidson Engineering, myself, and the community to figure out the final fit plan and how it would look. CHAIRMAN SAUNDERS: I want to thank all of the presenters, all five of them. The three that were -- that we weren't ultimately focusing on. There's going to be a lot of workforce housing and lower-income housing in this community. This is just one project of many. So I want to make sure that no one's offended by the fact that we're focusing on the not-for-profits, because this is a very unique opportunity for us. I want to thank the Community Foundation, the Schulze Foundation, the Moorings, everyone associated with helping us put this project together. I think this will be an incredible model for the state, for the country, and I'm very excited about what this is going to mean for the Golden Gate City community. I think it will be a great June 9, 2020 Page 107 benefit. So, Commissioner Fiala. COMMISSIONER FIALA: Yeah. Just a fast one. It is going to be essential to us to start encouraging more affordable housing to be built in Immokalee, because these problems are going to persist until we get housing so that they're not stacked up on top of one another. Just a thought. CHAIRMAN SAUNDERS: Good point. If there are no other comments, all in favor of -- now the motion is to award the invitation to negotiate with Rural Neighborhoods. If there's no further discussion, I'll call for the vote. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER TAYLOR: I oppose based on the breakdown of the income rents that was presented in their proposal. CHAIRMAN SAUNDERS: The motion is approved 4-1. Let's take a break. What about coming back at 1:30; will that be sufficient? All right. We'll be back at 1:30. Mr. Manager, I think we'll do the interviews of the Hearing Examiners first, and then we'll move into the land development. MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: We are in recess. (A lunch recess was had from 12:37 p.m. to 1:30 p.m., and Commissioner McDaniel is absent from the boardroom.) CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'll please take your seats. The meeting of the County Commission will reconvene. June 9, 2020 Page 108 We're going to be doing the examination or interviews of the Hearing Examiners. I'd like to make sure we have all five of you here for that. So if you can hear me in the back, come up to the front here. Commissioners – MR. OCHS: I'll be right back. CHAIRMAN SAUNDERS: We have one commissioner who is stuck in traffic who would like to participate in the interviews of the Hearing Examiner. So, Mr. Ochs, why don't we pick up one or two little items that are not controversial, try to get through those, and then we'll pick up when Commissioner McDaniel is able to get here. MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: Like, 11E doesn't sound like it's a particularly controversial item. COMMISSIONER McDANIEL: The only problem with that one, Commissioners, is that's the companion item to Item 9B, which is one of your advertised public hearings, and we should hear 9B before we deal with the developer agreement to make sure -- COMMISSIONER TAYLOR: What about 11C? MR. OCHS: 11C would be an item that we can -- we can talk about, Mr. Chairman. CHAIRMAN SAUNDERS: All right. Why don't we take that one. MR. OCHS: If you'd like to take that one. CHAIRMAN SAUNDERS: Yeah, let's go ahead and take it up. It's his district, but we're going to -- COMMISSIONER SOLIS: Yeah. That's the Big Corkscrew Park, right? MR. OCHS: Unfortunately, 11C and 11F are both in Commissioner McDaniel's district. CHAIRMAN SAUNDERS: That's okay. We'll take care of June 9, 2020 Page 109 11C.E Item #11C RECOMMENDATION TO ESTABLISH OPERATING, EQUIPMENT, AND CAPITAL BUDGETS FOR PHASE 1 START- UP OF BIG CORKSCREW ISLAND REGIONAL PARK (BCIRP), APPROVE START-UP POSITIONS, AUTHORIZE INCLUSION OF ANNUAL BCIRP OPERATING, EQUIPMENT AND CAPITAL BUDGETS IN THE FY21 BUDGET, AND AUTHORIZE NECESSARY BUDGET AMENDMENTS – APPROVED MR. OCHS: 11C, Commissioners, is a recommendation to establish budgets for operations, equipment, and capital purchases for Phase 1 of the startup of the Big Corkscrew Island Regional Park, approve four positions in the current fiscal year to begin standing up that operation for the fall, and to also include budget allocation s for Fiscal Year 2021. Barry Williams, your director for Parks and Recreation, will make the presentation. Barry. MR. WILLIAMS: Mr. Chair, Barry Williams, Parks and Recreation. Good afternoon, and I'm excited to bring this item before you today. As you're aware, Big Corkscrew Island Regional Park is well underway and we're -- I've got a picture here for you here. Just -- this is a recent aerial photo of the progress of the park. And as you look at this, I'm sure you say to yourself, well, where's the p ark? And what I would tell you is a lot of the underground has been completed with the park. Aster Construction is the contractor working with us, and Facilities Management is overseeing the June 9, 2020 Page 110 project, so they're making great progress with the park. We'll begin to see vertical construction in the next few months. The pools are actually being dug. The lap pool, or competitive pool, if you will, they're beginning to dig. We have a family pool, we have walls and flooring, and they're beginning the dewatering process for that to finish the pool and complete it. There's also a lot of work. As I mentioned, the site civil work's being completed, stormwater structures, water mains, conduits for electrical. So all those things are underway. And so you're asking yourself, why would we need funding for this park at this juncture? So as you can see with the progress of the park, our anticipated first stage of the park will be ready for delivery in November. And just to remind you of that, I have a photograph. And just, if you look above the line, the four multipurpose fields, the two softball fields are elements that will be -- come on line starting this November. So you can see kind of what we have in mind for that initial November opening. We'll have parking area – MR. OCHS: Show them where it is. You see it? MR. WILLIAMS: Yeah. So you can see the four multipurpose fields here will be online, we have our picnic pavilions in and around the facility, and two softball fields and our concession building. So what we're looking to do is to seek appropriations to fund the initial portion of the park. And what we envision is hiring four staff members. We would look for two recreation staff members to work and begin programming the fields. We know that we have a lot of pent-up demand in that area. A lot of youth sports organizations have expressed interest in playing at this facility. You have lacrosse, soccer, football even where you have people that are looking for beginning to use this field. The idea of the north -- of this park in particular is the distance June 9, 2020 Page 111 people have to travel to North Collier Regional Park or other parks within our system. So having this in constituents' backyard like that is certainly going to be a benefit to our community. But this first section in November, we do have some operating expenses associated with it. We have some front-end costs associated with fleet, and we've provided you some detail related to that in your backup. And, certainly, if you have any questions about those items -- We also have a rental of approximately $7,500 that we'll use to have connexes for our maintenance equipment that we need to purchase to maintain that section. So beginning November, we'll begin maintaining it and making it available for the public's us e. So those initial costs, what we're looking for is consideration for this coming -- or this current fiscal year. Part of our plan would be, you know, as the park continues to be built and stays on schedule, is to begin to hire those staff. You know, part of what their job will be, to acquire the things that we need to actually operate the park itself . There are some items in there that have a relatively long lead time . But ideally what we'd want to do is begin hiring people in August, September for their start and readiness for the park to begin serving the public in November. So let me just talk to you a little bit about the other portion of the park. As I mentioned, above the line, we have this area that will become available in November. Below the line, this entire area we anticipate coming online in July of next -- July 2021. So we also were seeking an appropriation for the park itself, and I'll go through some of those numbers with you in just a second. But just to remind you about that other component of the park, probably your biggest feature there is your community center. We will be providing after-school programs, summer recreation, community events, classes of various types. We also have a great lawn feature associated with the community center. And so this won't June 9, 2020 Page 112 be available till July. We won't seek to hire those staff until later in '21, probably in the late spring of '21 to bring those staff on. But we wanted to go ahead and seek the appropriation for the entire park as well. The other components of this park that are worth noting, probably the biggest is our aquatics facility. We're basically replicating our aquatics facility at Eagle Lakes. We have four features associated with that aquatic facility: A competitive pool, slides, family pool, and a tot pool. So -- and, again, as I mentioned, those are currently under construction. We also have pickleball. You can't build a park without pickleball in this day and age. So we also have pickleball courts that -- we have gotten some demand for that sport as well. The last thing I'll mention about the second portion of the park is we do have a regional maintenance facility associated with the park, and so the maintenance facility would serve not only the park itself, but also it would be a point of contact for our Immokalee park system and our road crew which services our neighborhood parks throughout the county. So the other portion of this maintenance facility would also serve our aquatics facilities. There is a need for us to store materials of various types for aquatics. So we've built that maintenance facility with those elements in mind. So all that would become available in July. At that point the rentals that I mentioned earlier about Phase 1 we would discontinue, but that's your park in a nutshell. Just to talk to you a little bit about the numbers and the costs associated with the park itself. You can see a couple of items. The first column, if you will, the FY '20, is the initial startup cost that we've identified. And you have, again, approximately $48,000 for the four staff members that I mentioned. That number could be less. Again, this is for FY '20. If we start the staff, say, in September or June 9, 2020 Page 113 October, that number will go down. We wanted to plan for that number with a start of July just to kind of keep on schedule. Your operating expenses, that I mentioned to you earlier. And we have a number of items in your backup that, again, if you have questions, I'd be happy to talk to you about, but that dollar amount, as you see, is $55,700. The capital outlay, those are expenses associated with vehicles for staff that would manage the park. We have an F-350 and two F-150s that would be made available for the park itself . So your total General Fund allocation for FY '20 that we're seeking is $244,100. And, again, four FTEs is what we intend in terms of this opening for November. The remainder of the park we would add an additional 27 staff to those four. This is a typical complement for a regional park of this size. And, remember, you have a variety of features within the park. You have recreation staff, additional maintenance staff, the community center staff, aquatic staff. So all those different staff would be available to operate the park itself. We do have some additional capital outlay that we would seek in '21, and so you have a total General Fund budget of $3,386,300 . And so that's a large number. What I would tell you, though, we do anticipate revenue from this park. When we begin making these fields available, your Board-approved fee policy allows for fees associated with the park. We're anticipating a very modest $30,000 in revenue. Typically, for a park this size, with the activities that we're describing, when we're fully operational, you should see revenues of 500- to $750,000. That's generally the range of what we're looking at. What's important in telling you about that is that overall cost associated with the General Fund of 3.3 million would be reduced with those user fees that were applied to the overall cost of the park. June 9, 2020 Page 114 So that number -- that's the highest you'll see it. It will certainly continue to trend downward. Just to give you another consideration in terms of the park itself, as I mentioned, the fees associated with the items I just described are General Fund items that would be paid for from the General Fund. There are some, in the industry FF&E, furniture, fixtures, and equipment, those things that are needed to outfit the park itself . There are a variety of things that you would purchase for the park, including things like furniture, field maintenance equipment, as you can see . We do have two artificial turf fields at this location, so we have specialty equipment that we would use to maintain the artificial turf. And you can see some of the other items that we also describe. Some of these purchases, these one-time purchases that we would make, are eligible to be paid for through impact fees. So you can see what we've identified for our FY '20 start of 722,000, and then your overall startup for the entire park of impact fees associated with FF&E of $2,445,860. (Commissioner McDaniel is now present in the boardroom.) MR. WILLIAMS: So I wanted to tell you a little bit about Phase 2. And if I could -- let me see if I can reverse direction here with you . I wanted to go back, if I could, to the aerial itself. And you can see the area right here. Again, the boundaries of Phase 1 come here, down this road, and here. Phase 2 includes this section here as well as what appears to be kind of a marshy-looking lake. And just keep that in mind as I show you the diagram of Phase 2. Our intent is to reclaim, and part of the design is to reclaim a portion of this shallow lake and build athletic fields. And a four-complex field -- building four softball fields in that area. So that's coming. And you see some of the canal as well. There's some canal work that we had to do as part of this project. So I just wanted to give you kind of that overlay. June 9, 2020 Page 115 Now, to go back to Phase 2. Almost there. So you can see we're currently in design for Phase 2 of the park, that section that I showed you earlier, that marshy area, that little stovepipe section. And a couple features that I wanted to point to you, if I can, this area, this was in part of the community discussion that we had was the need to be very good neighbors with our park design. And so what you can see with this particular section of the park here, this is going to be a passive area of the park. What we have envisioned and had gotten demand for is disc golf. And so we have planned in this area an 18-hole disc golf course as a feature of the park. There is not a disc golf course in Collier County at this moment. There are multiple disc golf courses throughout Southwest Florida, and a large demand for that. So we're developing that disc golf course with the mind of trying to be friendly to the neighbors. You know, disc golf is a very passive sport. It's not going to create a lot of noise, and we see that as a good use of the space. We also have a road that's part of the Phase 2, and you can see the road itself. This will be your connector record, ultimately, to Oil Well Road for your second connection to the park . So you'll have the entrance to the park at 39th, but you'll also have an entrance from Oil Well Road as well for folks that are in the neighborhood. The other component, again, that marshy area, we're going to reclaim that and build this fourplex here. These are softball size fields, collegiate size softball fields. Another section of the park is -- the unique feature is a fitness and gymnasium. We're looking at a one- or two-court gymnasium associated with the park as well as a fitness center. So we'll also have a kayak launch for people to use the lake recreationally. It's being permitted to allow for that. And so this is your Phase 2 design. As you can see, we're looking to complete the design this fall of 2020 and seek to put it out to bid . We're looking at June 9, 2020 Page 116 construction to start. Ideally, we would try to start it spring of '21; however, part of the consideration we're looking at is getting through the rainy season and actually looking for a start of fall of '21 . One of the things that I'll mention about the phasing of the parks as well, in this particular park, what we're trying to do is cash flow the park with your impact fees. You know, one of the considerations is the surtax that would -- that did provide $40 million for the creation of this park. That's helping us look at this. So taking the time to kind of develop this park over that period of time helps you pay for it as you go. So that's a unique feature of the park itself. We're estimating current costs of that Phase 2 of 30 to $35 million. That's still a very wide range, we understand, but that's what we're getting as far as estimates at this point. So with that, I'd stop and see what questions you have on the information provided. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Nimbleness seems to be the -- of what we need to be in any kind of construction for the public these days when you consider 10 years ago pickleball was a whisper in a backyard and what it's become today. So is there flexibility if pickleball suddenly loses favor to move the courts to something else? MR. WILLIAMS: Oh, it's a great question. And throughout my time as a parks director, we've seen the redevelopment of amenities that have lost favor into those that are re-purposed, if you will, for things that are more current in recreation. So your hard courts are probably your easiest place where you could do something different. You know, you are limited if you have a pickleball court because pickleball is a tennis. Are there any other things you could do? Could you make it a basketball court? So there are a lot of options that you have in terms of what the need is, yes, ma'am. COMMISSIONER TAYLOR: Okay. And then my second June 9, 2020 Page 117 question is with the aquatic facility and the elements you planned in that. Have you done any kind of surveying, at least by the people who manage the Eagle Lakes aquatic facility, of what elements are used the most and what are not used very much? MR. WILLIAMS: No. It's a great question. What we find in these the pools, the aquatic facilities in particular, we have two clientele, really, that we see, and we try to appeal to both of those. The one is the master swimmer or competitive swimmer. This would be also a location, I'll mention to you, for Palmetto Ridge High School. They had a lot of input into the design of the aquatic facility. They anticipate this being their home, you know, for their high school swim team and dive team. So, you know, you have that component of competitive swimming. We also are very successful; we have colleges that come down from the north and use our facilities, so we see that also, kind of, from a sports tourism element, a win as well. The other side of that -- and, again, this pool has the component, it's just kids having fun. You know, again, you know, splash -- water splashing on you. River Park is a good example of the feature that they have, so we've included those type of features in our family pool where, you know, children of various types, you know, with their family, you know, can enjoy cooling off and having that kind of fun . So you've got both of those. COMMISSIONER TAYLOR: Okay. But there's not, like, a family pool separate from the splash pool? MR. WILLIAMS: Well, it's -- the design of it -- in Eagle Lakes, if you recall, you do have components of the pool that can be where families hang out, moms in particular. You have a body of water associated with that splash element and so -- where you can kind of keep an eye on the kids. So you've got both in that family pool in what we've designed here. June 9, 2020 Page 118 COMMISSIONER TAYLOR: Okay. I wasn't aware, because that's the way it is in River Park, so I just want to -- but it's all one in River Park, which is a nightmare. But the idea that -- I understand the family pool where moms go is the least used element in Eagle Lakes. MR. WILLIAMS: No. It's a good point. And it is an important pool, I will tell you. You know, typically that pool is used for babies, small children in diapers. The one reason that you segregated it, you know -- if you've had kids, you know this story. If you get in water, sometimes things happen you wish they wouldn't. So, you know, segregating that population helps you from not having to close the entire pool when those things can happen, so... COMMISSIONER TAYLOR: Yeah. But it's more that -- more that it's -- it's important to have that element. I'm always thinking of laps. I'm thinking of income – MR. WILLIAMS: Yes, ma'am. COMMISSIONER TAYLOR: I'm thinking of creating pools that not only colleges use, but maybe even professional teams that are trying to train kids. The more lanes you have, the more money you may get. So just FYI. MR. WILLIAMS: Yes. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. On the community center, how large is that? MR. WILLIAMS: It's approximately 18,000 square feet. COMMISSIONER McDANIEL: And will it also serve as a hurricane shelter? Did I recall that in the original plans? MR. WILLIAMS: It's not hardened to, like, Cat 4 or 5. It does have the capability -- and what we've found in our role in parks is serving as kind of the -- the schools have done a good job of taking over the sheltering. What happens after a hurricane is they want to June 9, 2020 Page 119 get the people out of the schools so that they can restart, and the role that we see this particular facility is serving as kind of the step down from the school board's shelter. North Collier Regional Park, we had that example. So we see it in more of that thing. We are looking, though, I'll mention, for Phase 2 in the fitness gym, we are exploring some Community Development Block Grants to harden that facility so it could serve as a shelter. So we do see a possibility there in that regard. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. Thank you. Could you tell me what the total is to build this park, how much money it will cost to build this park, all total with all the phases. MR. WILLIAMS: Yes, ma'am. I can give you a rough estimate. The contract that we have right now associated with the phases that I've described is $45 million. We're anticipating an additional 30 to 35 million for the Phase 2. Now, I'll tell you as well, that doesn't include soft costs, the engineering as well. So there's an additional amount there. But you're roughly looking at 75 to $80 million for this park. COMMISSIONER FIALA: It's going to be a beautiful place, and it's needed. Will they be bringing -- like they do at Eagle Lakes, they bring in the high schools. There's different levels, you know, with some of the high schools that are smaller. They bring them to Eagle Lakes. Will they be able to use this for a lot of the other high schools? MR. WILLIAMS: Yes, ma'am. Palmetto Ridge, again, is ecstatic about this. They don't have a place to swim. You know, they have to travel a great distance now, so they're very excited about that . We do see this as a venue for high schools and worked clo sely with the school board, you know, in our design to make sure that it did meet their needs. June 9, 2020 Page 120 COMMISSIONER FIALA: That's been a great thing that you've added to it, you know, because the schools aren't equipped with pools, so that's great. I think that's all my -- oh, how much impact fees -- how much will the impact fees affect the total amount? Will it reduce it a lot or -- MR. WILLIAMS: Well, your construction for the park itself is paid through -- by impact fees. You do have this additional $40 million of surtax applied to it, so those combination of funds are what's building the park. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: We do have some public comment. MR. MILLER: Yeah. I do have one registered speaker, Phil Brougham. MR. BROUGHAM: May I break the rules and come straight? CHAIRMAN SAUNDERS: As long as you don't cough and sneeze. MR. BROUGHAM: My name is Phil Brougham, and I am the vice chairman of the Collier County Parks and Recreation Board, and I guess I'm here as a cheerleader but also as a bit of a historian. We had some pretty dour news and discussions this morning about this plague that's settled over Collier County. But I think the story that you've heard over the last few minutes -- and those of you that have been in the county for quite a while have heard the Big Corkscrew Island Regional Park and how it came to be and all of the starts and fit starts and restarts. But I want to tell you that we're ahead of the game here because of the professionalism of your staff, both your project management staff and your Parks and Recreations staff. We're ahead of the schedule, and they're ahead of the schedule in asking you to fund this early. We've come a long ways to start this park, and I trust that you're June 9, 2020 Page 121 going to approve the request that parks is making of you this morning [sic]. This park probably got close to 60 percent design before the reins were pulled back, and it was pulled back both by input from the community through very active solicitation by Parks and Recreation aided by a lot of citizens and the Parks board. We got a lot of good input, and it all is going to benefit this park. And it's served as a model for the next park that was in design, which was Eagle Lakes Aquatic Center. And we went for the same kind of feedback. And I think as we go through the construction of these parks using those experiences as models is benefiting this county, and it's all good news. I trust that you're going to approve this. We're going to have bigger projects coming. I do want to mention that I sat in on the accreditation evaluation for Parks and Recreation several weeks ago by virtual means and that, from all intents and purposes, we're going to have our Parks Department reaccredited by that nationally recognized board again. So thank you for your time. It's a good project. It's been a great project, and it's going to be a great park, Mr. McDaniel. Thank you. COMMISSIONER FIALA: And I might add, you've been a great board member. Great. CHAIRMAN SAUNDERS: Thank you. Mr. McDaniel? COMMISSIONER McDANIEL: Yeah, Phil. Phil, if you don't mind, I do have a quick question. I'm going to make a motion for approval. But you've been around a minute; so have I. When you said this park was set back, how long ago was that when it was -- MR. BROUGHAM: Well, you're going to pin my memory now, but – June 9, 2020 Page 122 COMMISSIONER McDANIEL: Round numbers. MR. BROUGHAM: Five years, six years, seven years. COMMISSIONER McDANIEL: And -- thank you. And that's exactly what I'm -- what I wanted to share. Commissioner Fiala, you have been here for a long time. We've talked about this park in our community for, Jiminy Christmas, forever since Commissioner Coletta was up here. MR. BROUGHAM: Yes. COMMISSIONER McDANIEL: And we've also watched the costs go like this (indicating). With these delays came costs associated. And it's important that our community know and understand that these sound like -- they are enormous numbers. This isn't -- this isn't a surprise. This is a plan. We've been budgeting for this for many, many years with impact fees and sales tax dollars and the like, so... With that, I'd like to make a motion to accept staff's recommendation. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: All right. We have a motion, and I believe Commissioner Taylor was first on the second. COMMISSIONER McDANIEL: Did you have something you wanted to -- CHAIRMAN SAUNDERS: A little too slow on that one. COMMISSIONER FIALA: I didn't realize. CHAIRMAN SAUNDERS: We have a motion and a second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. June 9, 2020 Page 123 COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Thank you. Let's move on to the Hearing Examiner. Item #11B RECOMMENDATION TO REVIEW CANDIDATES FOR THE POSITION OF HEARING EXAMINER AND DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO BRING BACK A FORMAL AGREEMENT WITH THE SELECTED INDIVIDUAL/FIRM – MOTION TO SELECT ANDREW DICKMAN, ESQ. – APPROVED MR. OCHS: Yes, sir. This is Item 11B, and it's a recommendation to review the two candidates for the position of your Hearing Examiner contract. Mr. French will begin the presentation. MR. FRENCH: Good afternoon, Commissioners. For the record, Jamie French with the Growth Management Department. Commissioners, back in December of 2019, you had instructed the County Manager and staff to bring back the Hearing Examiner portion of the administrative code to make it more so like a magistrate function. Since that time we'd also advertised the position for -- and that was adopted, by the way, on February 25th of 2020. But since that time, we'd advertised the position. And just to put on the record we actually had four candidates that applied. Two of those candidates, though, have very limited or no land-use experience, and although this does not require an attorney to fill the seat, three of the candidates were attorneys, one was a recent graduate from Ave Maria June 9, 2020 Page 124 Law School, and one had a business background but had never worked in land use. So we're bringing forward today two candidates. Both have a great deal of experience with Collier County, both happen to be attorneys, but they know our codes, they know the function of the magistrate. One is Mr. Andrew Dickman of the Dickman Law Firm, and then, of course, Mr. Clay Brooker with Cheffy Passidomo. So they're both here. CHAIRMAN SAUNDERS: No. Go ahead. I was going to ask you a question. MR. FRENCH: They're both here should you want to ask them questions. Staff had no recommendation because we feel like they both are -- they both bring forward very unique skill sets, and they're more than qualified to be considered for this position. CHAIRMAN SAUNDERS: Are they going to make a brief presentation, or is it just going to be questions from the Commission? MR. FRENCH: I can leave that to -- CHAIRMAN SAUNDERS: Why don't we have each one of them just make a three- or four-minute -- just a brief introduction. MR. FRENCH: Sure. Mr. Dickman. MR. MILLER: Mr. Chair, would you like me to set a clock on this, sir? CHAIRMAN SAUNDERS: No. COMMISSIONER McDANIEL: On him you better. CHAIRMAN SAUNDERS: When that gets to 2:05, we'll let you know. MR. DICKMAN: I better put my glasses on. Thank you, Commissioners. I'm Andrew Dickman, Dickman Law Firm, founder of the law firm and co-owner of it. Been here in Naples, Collier County, since 2005 . The firm was started in Miami originally. After I went to law school -- before I June 9, 2020 Page 125 went to law school, I was a planner for 10 years when I opened my firm. Moved here. Raised my family here. Our law office is in North Naples. Primarily my work focuses on land use and zoning. A lot of my time is dedicated to City of St. Pete Beach, so I didn't want you to be confused that I was moving down from St. Pete or Pinellas County, but a lot of my time as city attorney for St. Pete Beach is dedicated to that. This position was especially interesting to me because, one, it's in my home county and, two, the schedule really fits nicely with what I'm doing with St. Pete Beach. That's really what I want to put most of my time towards. Our firm does a lot of other types of work. We're a family firm. My wife is also an attorney there. My son is an attorney there. So there's lots of support staffs, paralegals. So with that, I'm familiar with Collier County obviously. I was on your EAC at one point. Conservancy for a short time. So with that, I don't want to bore you -- CHAIRMAN SAUNDERS: Let's see -- MR. DICKMAN: Got my material, so... CHAIRMAN SAUNDERS: Let's see if there are any questions. Commissioner Solis. COMMISSIONER SOLIS: Yeah, I just -- in terms of your work for the City of St. Pete -- it's St. Pete Beach? MR. DICKMAN: St. Pete Beach, yeah. COMMISSIONER SOLIS: How many -- what's the schedule that you have with them? MR. DICKMAN: Yeah. So they have advisory boards, obviously, and the city commission. The city commission meetings are on Tuesday, okay, and it's every -- it's like the second and fourth Tuesday of the month, and there are boards. I personally have June 9, 2020 Page 126 delegated all the boards primarily to our associate. And so I'm usually up there, I would say, if I had three weeks out of the month, and it would be Monday through Wednesday morning. And, of course, I'm always available. You have all the technology, remote access, phones, so forth and so on. COMMISSIONER SOLIS: And in terms of -- I saw that your retainer agreement talks about associates. I mean, how do you envision and what do you envision associates doing in terms of the work for Collier County if you were awarded the position? MR. DICKMAN: Well, there's a couple of things. Obviously, there would be a staff report that would be provided to me with applications and other things that I would need to have in order to prepare for the hearing. There might be some research that I need done. That would be a benefit to the county, obviously, because it would be at lower rate. So the blended rate would be lower. But it wouldn't be -- it would be my work, obviously. I would end up preparing for the hearing and then rendering and the order. To me, having worked at St. Pete Beach and some other places, it's always very good to develop templates for orders, and when you have a support staff at your office, they can always tee up the order for me and maybe look for things that were similar in the past that I can redo. Again, that's a cost saving to you-all. But I have staff in my office that are also very good with land use and zoning issues. CHAIRMAN SAUNDERS: Commissioner Taylor. Oh, I'm sorry. COMMISSIONER SOLIS: No, that's all I have. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Just to reiterate what I read, I just wanted to confirm and put it on the record, you're estimating -- your fee is 225 an hour; is that correct? MR. DICKMAN: I believe that's what I put on there. June 9, 2020 Page 127 COMMISSIONER TAYLOR: And then $1,000 a month. MR. DICKMAN: Yes, ma'am. What we -- what I had talked about with Jeremy and others was that there would be -- there's always going to be your basic phone calls and emails, things that are very quick, and it would be -- that is what that would cover, the thousand dollars. And then, you know, the hourly rate would be having to meet with staff, prepare in-depth work for hearings and conducting the hearing and preparing the orders. COMMISSIONER TAYLOR: And then you're talking that would be maybe blended sometimes; is that the part that's blended? MR. DICKMAN: Absolutely. That's the case with any of my clients. I don't do all the work. COMMISSIONER TAYLOR: Yeah. MR. DICKMAN: It would be impossible, you know. So when someone focuses on that top hourly rate, that's why I put in the rest of my staff so that they could see that scheduling, doing other things, it's all blended. COMMISSIONER TAYLOR: And then you're estimating that it would -- the fee would come out to about 145- or '48,000, I think I read. MR. DICKMAN: Yeah -- um, it's hard to estimate, but I know with -- COMMISSIONER TAYLOR: And you gave us a ballpark. MR. DICKMAN: Yeah. I know based on the work that I do with the city for the last six years, and my rate is similar to this, it averages out to be around 165-. I mean, that's been my analysis when I do quarterly reports. The only other thing I would tell you is that I have been involved in litigation against local governments, both sides, so I know what to look for at public hearings whenever you're dealing with essential requirements of law, due process, and competent June 9, 2020 Page 128 substantial evidence. So I'm very familiar with public hearings, been at hundreds of them. And then I always look at when you've been involved with lawsuits, you always know what you've got to do on the front end. COMMISSIONER TAYLOR: And then in terms of conflicts, talk to me about how many times you'd have to conflict yoursel f out of a situation. MR. DICKMAN: Right -- the only one I have is right now. I don't have any -- I have -- you know, I put in my cover letter I represent a land trust, Randall Boulevard. Other than that, I wouldn't -- I wouldn't take on any other matters if -- unless you-all approved it. COMMISSIONER FIALA: I'm sorry. I didn't hear that last comment about the only one you have, and I -- MR. DICKMAN: Yes. I represent a rezoning application in Commissioner McDaniel's district on the Randall Boulevard curve . It's a rezoning of the 26-acre type area. I put it in my cover letter. COMMISSIONER TAYLOR: Yes. MR. DICKMAN: I wanted to disclose that. COMMISSIONER FIALA: Yes, you did. I didn't know that that's what you said. I'm sorry. The microphone's a little bit far away, I guess. MR. DICKMAN: Yeah, I didn't want to touch too many things here. Sorry about that. I'll try to talk a little bit louder. COMMISSIONER FIALA: That's all right. They're going to clean it up anyway. MR. DICKMAN: I apologize. The good thing about our firm is that I have the decision. I do the decision making. So whether I want to represent somebody or not represent, very easy to do conflict checks. It's not complicated. COMMISSIONER TAYLOR: So you're committing to us is if June 9, 2020 Page 129 we hired you, that you would not take any more local business. MR. DICKMAN: Yes, unless for some reason you-all feel -- and I brought it to your attention and you specifically waived it. COMMISSIONER TAYLOR: Okay. MR. DICKMAN: That's one of the things I am asking you to do is waive this particular item that I have been representing them for a couple years now. CHAIRMAN SAUNDERS: And that conflict issue was the only issue I had. Do you have anything else, Commissioner Fiala? COMMISSIONER FIALA: Yeah, just a fast question, and that is, so you won't actually be doing a lot of this yourself . It will be other people in the office, too, right? MR. DICKMAN: That's normal for any law firm, but I will be -- I will be the one at the hearing, preparing the orders, meeting with staff, preparing for that, but I think what we're getting at is that you always use, in a firm, a team effort of different legal professionals, and at the end of the day it comes out to be a blended rate. COMMISSIONER FIALA: So this fee that -- and it's just a guestimate, I understand that. The 165-, does that include all of the other people involved, too? MR. DICKMAN: Yes, that's why I list them out. So my -- it would be impossible for me to do -- and it wouldn't even be ethical for me to do all the work that's involved with what it takes to represent a local government. It just wouldn't be. So I would be the main biller, but then there would be other folks working on the matters and helping me, assisting me. So it always ends up being a blended rate. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: All right. I have no other questions. Seeing that, let's go to the next presenter. June 9, 2020 Page 130 MR. BROOKER: Good afternoon, Commissioners. My name is Clay Brooker. I'm an attorney with the law firm of Cheffy Passidomo here in town. I've appeared before this board several times in the past years and as well as the Planning Commission and the Hearing Examiner. I appreciate the opportunity to be able to throw my name in the hat for consideration. A little about myself, I'm not quite used to talking about myself like this in a public setting, but I'm a native Floridian. I grew up in Southwest Florida, Homestead/Key Largo area, went to college at Princeton University, graduated with a Bachelor of Arts in Politics in 1991 and then went to University of Florida College of Law in 1994, graduated from there, then practiced on the East Coast in Palm Beach County for about six or seven years and assisted with the defense of cities in Palm Beach County, such as the Town of Palm Beach, and that was how I started my private law practice. In 2000, I moved to Naples and began a private law practice here primarily consisting of land use, zoning work, and commercial litigation that spun off of that practice. In 2010, I was certified by the Florida Bar as a specialist or expert in city, county, and local government law. I continue to hold that certification today. I have served on the county's Development Services Advisory Committee for 17 years. We have, as you probably know -- I think some of the LDC amendments were on today's agenda. That's one of our primary duties as a DSAC member is to vet those amendments and give DSAC's impression of those amendments for you for your consideration. I believe that gives me a unique exposure, experience, knowledge of the Land Development Code. I've been working closely with it now for 20 years. I have a little bit of institutional June 9, 2020 Page 131 historical knowledge of how we got to where we are today with respect to the code. My proposal, as you see -- so I believe I would be able to serve the county well as a Hearing Examiner professionally with that background and experience and -- efficiently. My proposal involves just me. I would remain with my firm, Cheffy Passidomo, but it would just be -- be just me doing the work at a rate of 250 an hour and $1,000 per week admin duties associated with the position. Those numbers were arrived generally through discussions with the county staff. And based upon my understanding, for example, in terms of total annual cost of my proposal, there were 54 land-use matters handled by the Hearing Examiner in 2019, and if you multiply that by an estimate of six hours of work per application at a 250 hourly rate, add in the $1,000 per week retainer, you come to a number about 135-. That doesn't include whatever secretarial staff that the county may provide. Now, keep in mind I have my own assistants at the law firm that I will rely upon for ministerial duties with respect to the office. But I believe I can provide an advanced -- if it's fair to say, advanced knowledge to the position and be able to apply it well and efficiently. CHAIRMAN SAUNDERS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. Thank you. I like the idea of the specialized attention. You know, we get you personally. I know we can't call you because it would cost too much money to call, but it's great to have one person who is related to us all the time rather than -- in my opinion, rather than shifting around to other people. So -- but your firm cannot represent a client, then, that is going before the HEX, right? MR. BROOKER: Oh, absolutely not, and forgive me. I neglected to speak. So I would be required to resign from DSAC, which I'm willing to do if I'm selected, number one . I would be June 9, 2020 Page 132 precluded from representing any private clients myself in front of any county board. My partners and the other associates in the firm would be precluded from appearing before me as Hearing Examiner, but my proposal asked for waiver, if there is one, technically, for them to appear -- my partners and associates to appear before the Planning Commission and the BCC. In addition, the proposal includes a waiver of litigation. I'd tried to look back at our records. We've become adverse to Collier County, the firm-wide, once every five to seven, eight years. The last case that I was involved in was five-and-a-half years ago. I would be screened. I could not participate at all in that litigation, but the conflict waiver proposal would allow my partners and associates to become -- to become a part of that record of that case even if Collier County is an adverse party. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yeah. So I just want to make sure I understand the retainer arrangement. I mean, the retainer, the thousand dollars a week is to cover all -- CHAIRMAN SAUNDERS: It's a thousand dollars a month. COMMISSIONER TAYLOR: No, it's a week. CHAIRMAN SAUNDERS: Is it a week? COMMISSIONER SOLIS: For him it's a week, but -- (Simultaneous crosstalk.) COMMISSIONER SOLIS: And I want to just discuss that, because that is a flat fee for whatever administrative time that you think you may need of staff of your own. I mean, that would include -- I'm assuming research whatever you had your staff doing, there's nothing going to be else other than your time is going to be billed at an hourly rate? MR. BROOKER: Correct. June 9, 2020 Page 133 COMMISSIONER SOLIS: So that's capped. MR. BROOKER: Correct. That is capped. And then land-use-application specific or project-specific matters would be billed and itemized at my hourly rate -- COMMISSIONER SOLIS: Okay. MR. BROOKER: -- on an individual basis. COMMISSIONER SOLIS: And you would be the only one at your firm, then, providing services as the Hearing Examiner, then? MR. BROOKER: Correct. COMMISSIONER SOLIS: How long have you been on the DSAC? MR. BROOKER: Seventeen years. COMMISSIONER SOLIS: Okay. COMMISSIONER FIALA: I guess you'd know. COMMISSIONER SOLIS: Yeah. I mean, these are -- I know I had a lot to do with bringing this forward. I think these are both really qualified applicants. I mean, we're -- we're lucky to have people with this expertise applying. You know, having said that, I think I -- like Commissioner Fiala, I'm a little concerned with having our Hearing Examiner also be -- with all due respect, with being also the -- you know, a city attorney for another city that's not here. Just time-wise, I'm a little concerned about that. And I do also like the fact that while -- it's not $1,000 a month. It's $1,000 a week. That's the maximum exposure that the county would have in terms of administrative costs for the Hearing Examiner other than whatever cost, you know, of internal staff, although I'm not sure there would be a whole lot of need for that. So while I appreciate both applicants applying, I mean, I would -- my vote would be for Mr. Brooker. I think he's served the county well. He's been a good long-time public servant, in a way, of June 9, 2020 Page 134 Collier County through his service on the DSAC. And I didn't realize it was that long. And that experience in terms of the Land Development Code, I think, is going to help us keep the costs down as well. CHAIRMAN SAUNDERS: I'm going to disagree with you. COMMISSIONER SOLIS: Okay. CHAIRMAN SAUNDERS: But first we have Commissioner Taylor. COMMISSIONER TAYLOR: Doesn't it -- doesn't it concern you about the conflicting out? I mean, this is Cheffy Passidomo. This is the Cheffy Passidomo firm. I mean, they're involved in most aspects of any kind of land use -- COMMISSIONER FIALA: We don't see them very often at this end. CHAIRMAN SAUNDERS: One at a time, please. COMMISSIONER TAYLOR: But, I mean, I'm asking you in terms of the -- this is not my world. COMMISSIONER SOLIS: If I can -- COMMISSIONER TAYLOR: Yes, I'm directing -- yes, sir. COMMISSIONER SOLIS: May I respond? CHAIRMAN SAUNDERS: Yeah. And I wanted to jump into that conflict issue as well, because you'll recall that Mr. Brooker indicated that if there is a conflict, then obvi ously he can't be the hearing examiner, they're going to come to us -- directly to us and to the Planning Commission. It would have been different if Mr. Brooker had said his firm will not handle land-use cases in Collier County, but that's not their position. They're going to handle land-use cases. They're probably going to get more of them if he's our Hearing Examiner even though he can't hear them. COMMISSIONER TAYLOR: Yep. COMMISSIONER SOLIS: They would get more of them June 9, 2020 Page 135 because – COMMISSIONER TAYLOR: Yes. CHAIRMAN SAUNDERS: He'd be in a position of influence even though he wouldn't be hearing the cases. And developers tend to -- tend to try to pick people that are going to have some influence. So the possibility of Cheffy Passidomo representing land -use cases in Collier County and coming directly to the planning board and to us because our Hearing Examiner is a partner in their firm is just not tenable. Also, the issue of serving as a city attorney in, I believe it was St. Pete, if I'm not mistaken, that takes a certain amount of time. I serve as a city attorney for the Village of Estero. I can tell you that that's very, very manageable. And so I wouldn't use that as -- or I wouldn't let that rise as a level of concern in terms of the amount of time an individual has to devote to being the Hearing Examiner. So I'm going to -- my view is, I'd like to see us go with the Dickman firm because, I think in the long run, we're going to have less conflict issues. But I guarantee you we're going to have conflict issues if we go with the Passidomo's firm based on what Mr. Brooker has indicated. COMMISSIONER SOLIS: Well, if I can respond. I think conflicts arise. I think -- many times. I think that, number one, if he's not going to be involved in anything that would come before him or before the county, I mean, that would be -- he wouldn't have any involvement in those case. He's put that into his agreement. I think that, you know, his role as the Hearing Examiner is very limited to what he hears. And, you know, as we saw with our past Hearing Examiner, that was also the chairman of our Planning Commission, you know, there weren't issues in terms of direct conflicts of matters between the two bodies that arose that I'm not [sic] aware of. June 9, 2020 Page 136 So I just don't think that having a limited role as the Hearing Examiner, that that somehow would impact, you know, what he did for the county in terms of a conflict because there's another matter that doesn't come before him directly. I just -- I just don't see that. I mean, those kinds of things are waived often, and I don't see that it would be an issue. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And you know how we all like to stay in our lane. You and I are out of our lane with regard to this and having an opinion here. You gentlemen deal with the hourly processes and conflicts of interest on a regular basis, far more regular than I ever will. I do want to make one point of clarification that Mr. Dickman said in his presentation, and that was he was the final decision maker. And I want to correct that. If you've ever met his wife before, you'd know he's not the final decision maker. MR. DICKMAN: Well, I'm done. COMMISSIONER McDANIEL: Yeah. COMMISSIONER TAYLOR: It's over. COMMISSIONER McDANIEL: So -- and I want to also say thank you to you both. How blessed are we to be able to have to make a choice here with regard to the experience level of who, in fact, can serve as our Hearing Examiner. I think either one -- I, obviously, have a relationship with Mr. Dickman on multiple levels. I'm comfortable with how he acts and how he does what he does. I'm not uncomfortable with his proposition that he's put forth. I'm not uncomfortable with Mr. Brooker either. I -- if we have to pick one, I'm going -- I would lean towards Mr. Dickman. I wouldn't be opposed to picking two, if we can. I don't know -- it's been -- you know, our County Attorney and I spoke about it yesterday, and we're June 9, 2020 Page 137 not sure that there's enough work to engage two people to serve as our Hearing Examiner. That seems to be what Jeff and I spoke about yesterday. But I wouldn't be opposed to -- there'd have to be, obviously, an adjustment in fees on how that goes on the retainage side, but I wouldn't be opposed to giving that a try as we move through to get to wherever it is that we're going to go. CHAIRMAN SAUNDERS: Commissioner Fiala, did you have anything else? Your light was on. COMMISSIONER FIALA: Yes, I did, but I'll skip it now. I just was going to say that the Cheffy Passidomo -- I don't know that they've been before us in years and years and years but twice . But if they have, I haven't seen it. CHAIRMAN SAUNDERS: They have been fairly recently in front of us, I believe. COMMISSIONER TAYLOR: And they will be. They will be next meeting. COMMISSIONER McDANIEL: On the property up in front of Oakes Boulevard. COMMISSIONER TAYLOR: Yep. CHAIRMAN SAUNDERS: I don't think it's a good idea to pick two hearing examiners. COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: If we determine at some point that we need two, then that's something that we can consider, but I'm not even sure that we need one at this point. I mean, we want to have somebody on board and we want to start having those hearings. But if we need a second backup -- but I would entertain a motion at this point. I know three of us have said we prefer the Dickman Law Firm, so... COMMISSIONER TAYLOR: I'll make a motion. June 9, 2020 Page 138 CHAIRMAN SAUNDERS: We have a motion from Commissioner Taylor to select the Dickman Law Firm; is that correct? COMMISSIONER TAYLOR: Yes, that's correct. CHAIRMAN SAUNDERS: I'll second that motion. Any further discussion? (No response.) CHAIRMAN SAUNDERS: I'll call for the vote. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER FIALA: Well -- CHAIRMAN SAUNDERS: Might as well make it unanimous. COMMISSIONER SOLIS: Well, I voted with it just to be unanimous, because whoever it is needs to be -- COMMISSIONER FIALA: I'll do that as well, but I would prefer to have somebody that was just working for us that we could refer to, but I'll go along with the majority. COMMISSIONER SOLIS: I do, too. CHAIRMAN SAUNDERS: Yeah. And Mr. Brooker wouldn't just be working just for us. He still would be doing his -- COMMISSIONER FIALA: Yeah, I know, but we would be his only client as far as the HEX goes. He's not going to be sending in a lot of other people from his law firm . Just him. CHAIRMAN SAUNDERS: Oh, I see. COMMISSIONER SOLIS: Right. He'll be having associates and things. I agree with Commissioner Fiala. June 9, 2020 Page 139 COMMISSIONER FIALA: I agree. CHAIRMAN SAUNDERS: All right. We had a motion and second. That was passed, I believe, 4-1 [sic]. COMMISSIONER TAYLOR: And then before we leave this and unrelated to what we just did but related to the work of the Hearing Examiner, it's my understanding that on numerous occasions, as he was leaving, Mr. Strain suggested that there are issues that the Hearing Examiner needs to hear that staff could take and preside over. And very much in line with what you just said, Mr. Chair, do we really need a Hearing Examiner? So I'd like to see if there is a willingness of staff to -- MR. KLATZKOW: I'll tell you right now Mr. Strain is in error on that. We carved out the Hearing Examiner to hear matters that staff couldn't handle. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: It's just -- COMMISSIONER TAYLOR: Okay, very good. CHAIRMAN SAUNDERS: All right. Let's -- MR. OCHS: Mr. Chairman, I'm sorry. Could we clarify that vote. I wasn't sure if Commissioner Fiala voted yes or no on that. COMMISSIONER FIALA: I voted yes. MR. OCHS: So it's 5-0. CHAIRMAN SAUNDERS: It's unanimous. She'll grow to love you. MR. OCHS: You approved the recommendation. We'll bring back a final contract to the Board at a future meeting. COMMISSIONER TAYLOR: Oh, and then there's one more thing in the final contract, and the Clerk reminded me of this yesterday. The payment has to be 45 days, not 14 days, and I'm sure our clerk could speak to it, but she did point that out within the contract. June 9, 2020 Page 140 MR. OCHS: That reflects the Florida Prompt Payment Act. COMMISSIONER TAYLOR: Prompt Payment Act, yeah. COMMISSIONER FIALA: And, oh, by the way, one of the things you mentioned when -- you said thank you for -- thank you for -- wait a minute. Wait a minute. Wait a minute -- electing me, or how did you say? Selecting me as the undersigned attorney, but we hadn't done that yet, in your cover letter, and you said about a clear understanding and good communication, and I thought, oh, my goodness, he's saying thank you for selecting me, and we hadn't yet, so I just wanted to – Item #9A ORDINANCE 2020-17: RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 82-49, AS AMENDED, THE SHADOWWOOD PLANNED UNIT DEVELOPMENT (PUD), TO REDESIGNATE 4± ACRES OF LAND FROM TRACT C, PRIVATE AIR PARK DISTRICT, TO TRACT E, RESIDENTIAL DEVELOPMENT; BY ADDING THE DEVELOPMENT STANDARDS FOR TRACT E; BY AMENDING THE MASTER PLAN TO ADD 3 ACCESS POINTS TO PROVIDE INGRESS AND EGRESS TO TRACT E INCLUDING ACCESS TO POLLY AVENUE, ATKINS ROAD AND WHITAKER ROAD; BY REMOVING A REQUIREMENT THAT ALL ACCESS ROADS TO THE PUD ARE PRIVATE ROADS; AND BY REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY CONSISTING OF 77.99± ACRES IS PART OF THE 168.1 ACRE PUD LOCATED AT WING SOUTH AIR PARK, EAST OF SANTA BARBARA BOULEVARD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, June 9, 2020 Page 141 COLLIER COUNTY, FLORIDA. [PL20190000259] – ADOPTED W/CHANGES (NO ACCESS ON ADKINS ROAD AND ADD A DECLARATION ON SALES CONTRACT REGARDING BEING NEAR AIRPORT) CHAIRMAN SAUNDERS: We're going to move on to Item 9A. This is -- this is ShadowWood. MR. OCHS: 9A, yes, sir. Commissioners, this item requires ex parte disclosure be provided and that all participants be required to be sworn in. This is an ordinance amending the ShadowWood Planned Unit Development to redesignate four plus-or-minus acres of land from Tract C, which is private airpark district, to Tract E, residential development; amending the master plan to add three access points to provide ingress and egress to Tract E; and removing a requirement that all access roads to the PUD are private roads. And the subject property consists of 77.99 plus-or-minus acres. It's part of the 168-acre PUD located at Wing South Airpark east of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake Hammock Road. So, Mr. Chairman, ex parte disclosure would be appropriate. CHAIRMAN SAUNDERS: Commissioner McDaniel, ex parte? COMMISSIONER McDANIEL: I've had meetings, emails, and phone calls. CHAIRMAN SAUNDERS: Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Meetings with the developer's attorney, Mr. Yovanovich, and the developer's representative, Mr. Barton; conversations with various staff members; conversations with FAA representatives; meetings and conferences and calls with residents of Wing South represented by Anne Daley and her group; meetings and conversations with Sue and Keith Orschell; and I monitored the Planning Commission meeting; June 9, 2020 Page 142 and read the staff report. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I've had meetings and emails, and telephone calls with Ms. Daley, Keith and Susan Orschell, Mr. Yovanovich, Anne Daley, and several from Wing Park South, and the Orschells and Mr. Buckley. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I've had -- I've met with Rich Yovanovich and Bill Barnett; I've had phone calls; I've spoken with Ms. Daley; many times has the East Naples Civic Association talked about it at their board meetings; I've gotten emails; I've gotten calls, and from community members. CHAIRMAN SAUNDERS: Okay. And I've had similar meetings, correspondence, telephone calls, emails with the applicant and representatives of the applicant. COMMISSIONER TAYLOR: Mr. Chair, may I amend my declaration by one thing? I did visit the site. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: I know that we have a lot of speakers and we have, I think, probably some speakers that are remote. And one of the issues that was raised numerous times in my communications was the utilization of Adkins Road. So my understanding is that you may be eliminating that, and that may help with some of the comment. I just want to throw that out there. If that statement is correct, that may be helpful going forward. MR. YOVANOVICH: Okay. Let me -- for the record, Rich Yovanovich on behalf of the property owner. I'll briefly introduce the team, and then I'll get right to -- I'll get right to the question. I have two owners representatives with me, Rob Buckle and John Caskey; and then I have Bill Barton, who most of you have with met with him; Chris Hagan is the engineer on the project; and Norm June 9, 2020 Page 143 Trebilcock is our transportation consultant. To cut to the chase, when we initially went to the Planning Commission, there was a concern that we would need both Adkins and Whitaker to serve the traffic needs of this Tract E, which is on your screen. We have since learned that with appropriate traffic calming on either Whitaker or Adkins, that road, together with -- and I'm a little rusty. It's been a while since I've been in front of you-all. I don't know if I can get the cursor to go up there. There it is. Right here. There would be an access point right here on Polly, and an access point on Whitaker, both of which front the property. With those two access points, the need to use Adkins as an access to serve Tract E is no longer necessary. So we would go down from three access points that were approved by the Planning Commission and your staff to the two access points for Polly and Whitaker. And I have a better slide that probably will -- that probably makes it a little bit clearer for what we would be doing. And this is the one access point I was talking about right here. That would be Polly and this would be Whitaker, and then this access point would no longer be necessary. So that seemed to be -- and I met with the same people you-all met with in private conversations -- seemed to be a concern for representatives of Wing South as well as people that lived on Adkins. And when we initially met, we were under the impression we did need both. We don't need both at this point. So if it's the pleasure of the Board and the community to limit us to the Whitaker access and the Polly access, we could live with that requirement. I have a much more detailed presentation if you want me to make a more detailed presentation, or if you want to hear from th e public and maybe respond. But it's a very minor request. Add single-family as an allowed use on Tract E. We're not asking for any June 9, 2020 Page 144 increased density in doing that. The access points we were talking about, and as you can see on the visualizer, there's a sm all little piece, approximately four acres, that's part of Tract C that would become part of Tract E but would not increase the ultimate density. Those are the requests. CHAIRMAN SAUNDERS: All right. We have several lights up here. But just to clarify, the Adkins access is being eliminated? MR. YOVANOVICH: If that's the pleasure of supermajority of the Board of County Commissioners, we would be -- we would be willing to do that. CHAIRMAN SAUNDERS: I can see at least three or four of us are -- MR. YOVANOVICH: I need four out of five. CHAIRMAN SAUNDERS: Okay. So if you would make that statement for the record, that will be helpful moving forward. MR. YOVANOVICH: And it is. If that is what the Board would like us to do, we will remove that access point. CHAIRMAN SAUNDERS: Okay. That will help us with the public comment, I believe. Commissioner Fiala. COMMISSIONER FIALA: Yes. And I didn't hear, it still leaves the taxiway intact so it isn't used as a road, right? MR. YOVANOVICH: Right. What this does, as everybody knows, the only access point right now for Tract E is to work its way -- is for Tract E to go south through these roads right here, which are not part of the project. These are private roads that are also taxiways for the homes that have airplanes, and all the way down to Rattlesnake Hammock. With these two other access points, eliminating Adkins, we would not need to use those private roads or Skyway Drive to go down to Rattlesnake Hammock. COMMISSIONER FIALA: You know what, you did a lot of June 9, 2020 Page 145 good work in this time. So I think it looks good. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: And my question may be one more for staff. I mean, we've -- as we've been going through these applications for the last couple years, one of the things we've talked about is emergency management access, storms. We've got any number of developments in my district that have one access. I mean, arguably, we're talking about two access points, but, you know, really they're so close together, I'd like to hear from staff in terms of -- I mean, is this really the two kinds of access that we want in terms of emergency operations and things, or is the two accesses being within -- and basically going to the same road -- you know, I don't want to be here after a hurricane and going, well, I wonder why we did that. And I've -- you know, you and I have had that conversation before. You know, if something happens on Whitaker and Polly right there, then they're kind of stuck, and they can't get out. Actually, that's been my concern from the beginning as to why Adkins may be needed. So maybe that's a better question for staff. I mean, I understand why the applicant wouldn't want to have to do that. There's more expense and things related to the Adkins and there's some opposition. MR. YOVANOVICH: And I'm sure -- if I may, and then I'll get out of the way for staff. But when this PUD was originally approved, the LASIP canal didn't exist, which is a major canal . And in doing an Adkins access or even an access through Skyway would require some pretty expensive box culverts and potential modifications to the LASIP canal, and I think that's something that we want to make sure we don't do. So I think that with this -- either access point got blocked, Commissioner, there would be a second access point for people to get in and out of the project. June 9, 2020 Page 146 COMMISSIONER SOLIS: Well, that's my question. I mean, they're in such -- I mean, it depends on where you put it on Whitaker. It's going to be at the -- there's kind of a corner there. I mean -- and I understand the cost. I'm just -- my question is, there's a cost to not having good access after a hurricane. COMMISSIONER FIALA: But none of the roads are roped off, right? You know, they're not gated off or anything. MS. SCOTT: For the record, Trinity Scott, Transportation Planning Manager. The amount of traffic that would be coming out of this tract is not a large amount. And once you get over into Whitaker, there is a pretty good network. I was actually over there myself, going and looking. You can get to Polly. You can also get north to where the new Seychelles development is as well to get access to Santa Barbara. So there's multiple routes in that area. I'm sorry, did I mispronounce it? COMMISSIONER SOLIS: Okay. As long as -- as long as our staff is comfortable that we're not creating the situation that we've repeatedly said we don't want to create. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. If you can see, you can -- there are other ways out. And, actually, do I dare say you can actually use -- you can get out through Adkins, as you can see in front of you. But there's things that we spoke with -- if you can see, if you're going out Whitaker and, say, there was a jam there, you could go -- help me -- south on Polly, and then west on Adkins and then do it that way. It's a -- it's a nice grid work. COMMISSIONER FIALA: You mean Polly, don't you? Adkins doesn't go out. COMMISSIONER TAYLOR: No, but it stops here, but you can -- June 9, 2020 Page 147 MS. SCOTT: You can go north and south -- COMMISSIONER TAYLOR: North and south. MS. SCOTT: -- just before you would go all the way through Adkins. But you can go north and south on Polly as well as Sunset to be able to get to Whitaker, and then north of this there's another access point out to Santa Barbara extension, and then you could come down to Polly and get through. COMMISSIONER TAYLOR: And so one of the things we spoke about, I think it was yesterday or last week, with Mr. Barton is -- and as Mr. Barton is a city dweller for many years in the City of Naples, understands that you would be willing to put a -- and help me with -- some kind of declaration in the areas that you have for sale that there is an airport beside there and that they need to understand this airport exists and that it -- MR. YOVANOVICH: Correct. We would -- we would have no objection if you want to include that in the PUD. We would do that as a normal course anyway, putting people on notice that they are buying a home near an airport. A smart developer would do that. So if you want to put that in the PUD, we're happy to do that, but we would do that -- we would do that in a sales contract anyway. COMMISSIONER TAYLOR: In the sales contract. And then the other issue would be is that you're assuring here that even with this new development going in there is enough room for that taxiway to exist as it does today? MR. YOVANOVICH: You mean the -- COMMISSIONER TAYLOR: With runway. MR. YOVANOVICH: -- flight path? COMMISSIONER TAYLOR: Yes, so that there's no encroachment into the area that would be considered making that taxiway unsafe. MR. YOVANOVICH: Correct, correct, yes. June 9, 2020 Page 148 COMMISSIONER TAYLOR: There is enough room? MR. YOVANOVICH: There's plenty of room for us to design our residential development to respect and honor the existing airport improvements. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: If you would go back to the aerial photo that you had up there. I think, Leo, you had that, if you don't mind. MR. OCHS: Sure. COMMISSIONER McDANIEL: My conversation that I had with the developer was in regard to that emergency access as well, and there is going to be no access over to the airport or to what we know as Wing Park South, and there is no opportunity for even an emergency gate over there clear on the east side next to that taxiway to -- in the even that, as was suggested, access was -- we weren't able to get out on Whitaker or Polly? MR. YOVANOVICH: If I can, are you -- when we say "taxiways," I want to make sure I'm speaking the right language. Commissioner, are you talking about are taxiway right here? COMMISSIONER McDANIEL: Yes. MR. YOVANOVICH: Okay. I don't know what it would take to permit an accessway onto a taxiway. COMMISSIONER McDANIEL: It certainly would only be on an emergency basis. MR. YOVANOVICH: Correct. As we discussed, my assumption is if the Fire Department wants to get in, they're going to find a way in by using -- COMMISSIONER McDANIEL: Right. MR. YOVANOVICH: They're going to find their way in if they have to to clear, if there's something that blocks it. We had not June 9, 2020 Page 149 intended to specifically permit an emergency access to a taxiway . We didn't think that was probably in our best interest or those operating airplanes best interest. But we had not intended to do that. COMMISSIONER FIALA: And we talked about that. Because if there's an emergency, whether it be fire or hurricane or whatever, those pilots are going to want to get their planes out of there. They're going to need that taxiway. So they said they wouldn't be using it. CHAIRMAN SAUNDERS: All right. We have -- anything else, Mr. Yovanovich? MR. YOVANOVICH: No, Mr. Chairman. I think I'm complete. CHAIRMAN SAUNDERS: Okay. And do we need any more from our staff, or are you ready to go to public comment? (No response.) CHAIRMAN SAUNDERS: Let's go to the public comment. We have several speakers. Let me advise the public speakers two things that are important. Adkins Road will not be an access point. So if your concerns are that Adkins Road would be a third access point opening up to Santa Barbara, that's not part of it. That's going to be -- that's eliminated. If your concern is that there be notice to the purchasers that there's an airport there, that's going to be part of the PUD and it's also going to be in their literature. So if those two issues are of a concern, then we're in agreement with you. MR. MILLER: Mr. Chairman, all of our speakers for this item are here. There are no remote speakers for this item . I have six speakers. Your first speaker is Jay Bowerman. He will be followed by Jenneine Lambert. CHAIRMAN SAUNDERS: Good afternoon. MR. BOWERMAN: Hi. Afternoon. Jay Bowerman here. I live on Whitaker Road. I built a house there two years ago, kind of our dream house. And when I was doing all of the planning for this project, I saw this large tract of land back there and started June 9, 2020 Page 150 asking around the neighbors, you know, hey, is this going to be a big development one day? And they all said, no, that's going to get access from the south. Obviously that didn't happen. So my first question is, how could something like this happen? How could you have an approved PUD where there is an access coming off of Rattlesnake and then other PUDs after the fact that kind of changed it? I know it's a bad situation now, and nobody wants you to go to Wing South. But that's my question: How did this happen? County staff or anybody. MR. KLATZKOW: We do this almost every week. It's a rezone. I bought my house. It was surrounded by a certain type of community, and it just changed around me one after the other . It's just -- it's a normal process of local government everywhere. MR. BOWERMAN: I see. So why wouldn't there have been an access when -- these other PUDs down at Wing South, why wouldn't there have been maybe the easements allowed -- you know, allocated for that? MR. KLATZKOW: What I'm saying is there's changes of circumstances over time. One of the changes in circumstances over time here was the LASIP project. And what happens is you get change in circumstances, markets change, conditions change, and the developer comes in, asks for a rezoning. It's a public process. The Planning Commission hears it, the community hears it, and eventually the Board hears it, and the decision is made whether or not we're going to rezone the property. MR. BOWERMAN: Okay. So Whitaker right now is feeding that entire area. A lot of you know that. Some of the neighbors -- we did some, you know, traffic counts, and we counted almost 200 cars a day. Whitaker is very busy. And as soon as I finish the house -- I've got five kids, some of them small -- I realized, okay, my kids are never going to go to Whitaker. I mean, it is a speedway. It feeds June 9, 2020 Page 151 everything. So I actually came here to beg for the Adkins access, because they've got that new development right there, and if Adkins connected to Santa Barbara, now there's two streets feeding that entire neighborhood. Now, there's probably more neighbors on Adkins that wouldn't like that, but we've got to get some help. Whitaker is the only street that feeds everything, and so this is going to make it a lot worse. There's another family that lives across the street from me. They also have three small children. So, again, I'm just appealing for some kind of help on this. There's a lot of traffic on Whitaker, and the northern entrance that is Polly, they're just all coming through Whitaker. That does us no good. So I appreciate it's up on Polly, too, but unless you take that road back over, it doesn't really help. So I'm just asking for some help. Whitaker has got a lot of traffic. Don't walk on it, especially at around dusk, because you will get hit. So I just wanted to put that out there. CHAIRMAN SAUNDERS: All right. Thank you. COMMISSIONER FIALA: We could certainly ask our Transportation Department to take a look at it once this starts going and do what they can -- put some traffic calming things in there, stop signs and so forth. MR. MILLER: Your next speaker is Jenneine Lambert. She'll be followed by Anne Daley. MS. LAMBERT: Hi. I work as a professor of nursing at Florida Southwestern, so it's real nice that I live on ShadowWood Circle . And I've been threatened by the recent development in two ways: Physically and financially. My flood code went from mildly concerned to moderate concerned, and that raised my insurance $2,000 a year . And, physically, the water retention lake, which is the second one from June 9, 2020 Page 152 Rattlesnake, has encroached 18 feet towards my lanai. So if we had a hurricane right now, my living room would be flooded. So I wanted to make sure that these developers that are ready to make a nice profit from this are taking into consideration -- and I know the Collier County Commissioners want to make responsible decisions -- that even though I'm just a little guy, this is very threatening to me. And I'd like to know what work has been gone to survey the lake to see if it needs dredging, to see if it needs to be bigger. Can someone come out and build up my landscape? Can someone supply me with sandbags? But this is an impact, physical impact to the further development of roadways and development. It's -- all that area, even if you look at Santa Barbara, just from t he development of seashells -- or Seychelles, whatever, it's a swamp. That retention pond covers, like, three acres of water from Davis and Santa Barbara, if you've done out there recently. So the water table is a real concern in this area, and I'd like to see something done to better protect our homes. It's only a few homes but, nonetheless, the impact is profound. Thank you. MR. MILLER: Your next speaker is Anne Daley. She'll be followed by Suzanne Orschell. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yeah, I'm sorry. The last speaker, whereabouts is your home? I'm just trying to make sure I understand where it is. CHAIRMAN SAUNDERS: You'll need to come back up to the microphone. MS. LAMBERT: I'm right on the southwest edge of the second retention pond, 6272. It's a villa. CHAIRMAN SAUNDERS: What street is that? June 9, 2020 Page 153 MS. LAMBERT: ShadowWood Circle. It's the very last condo on the west -- west road of ShadowWood Circle. MR. OCHS: Ma'am, over here. Am I close with this pen? CHAIRMAN SAUNDERS: Ma'am, if you'll stay -- ma'am? Excuse me. You can use the microphone. He's pointing to it. If you'd use the microphone. Ma'am, if you'd please use the microphone. COMMISSIONER SOLIS: Why don't we let her put the pen on her house. MS. LAMBERT: There you go. Go up just a half an inch. Right there's my villa. COMMISSIONER SOLIS: Okay. MS. LAMBERT: Between my loop and the next loop is a lake, a pond. I was told it was a natural pond. I thought it was a retention lake. But it is encroaching on my lanai. It's a trench. But it's way too close for comfort. It used to be 30 feet away. I measured it this morning; it's 18 feet. The water line is 18 feet from my lanai. MR. OCHS: Commissioners, I have Ms. Patterson in the back of the room. She'll get her contact information and follow up. MR. MILLER: Your next speaker is Anne Daley. She'll be followed by Suzanne Orschell. MS. DALEY: Good afternoon. Anne Daley from Wing South. All I want to do is thank everyone concerned for the focus and consideration and thoughtfulness. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Suzanne Orschell. Now, she has been ceded additional time from Robin Buckley. (Raised hand.) MR. MILLER: Okay. And by Keith Orschell. So she will have a total of nine minutes. And I think she had some electronic items that she submitted, so you're probably going to need to go to the other podium, ma'am. June 9, 2020 Page 154 MS. ORSCHELL: That's okay, because Adkins was point of concern. And, again, I'm just coming up to thank you all for – COMMISSIONER FIALA: Put the microphone up. MS. ORSCHELL: Thank you all for -- thank you for everything. I'm crying. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: And that was all of our public speakers then. MR. YOVANOVICH: I've been told by your staff I have to read a sentence into the record, and -- am I right? The following sentence has to be added to our PUD. It says, any physical improvements that directly impact the components of the Lely Area Stormwater Improvement Program, LASIP, will comply with the LASIP permit. It will not adversely impact flow/conveyance. So we will add that to the PUD based upon your staff's request. CHAIRMAN SAUNDERS: Okay. COMMISSIONER TAYLOR: I'd like to make a motion to approve the ShadowWood PUD as it's been presented with two entrances and deleting the Adkins entrance and also to -- to have any sales brochures notice that they are moving next to an airport and to also ensure that the taxiway stays as open and as free as it is today for the existing airport. COMMISSIONER FIALA: Okay. Now, that's my district, and so I was going to say something. But just as long as your motion says that we eliminate Adkins, right, that we use Whitaker, and that we -- the gentleman that is now going to be talking to people about speed control, we're going to make sure that he's in that, and also that we avoid the taxiway. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: Okay. Very good. I second the motion. June 9, 2020 Page 155 CHAIRMAN SAUNDERS: Okay. So I think the -- just for clarification, then, this project will not have an impact on the taxiway is what you're saying. COMMISSIONER TAYLOR: That's correct. CHAIRMAN SAUNDERS: Commissioner McDaniel, you're lit up. COMMISSIONER McDANIEL: Just as a brief point. I just wanted to make sure that staff addressed the impacts of the additional traffic on Whitaker. I know whenever we're increasing traffic, when we've put bridges in Golden Gate Estates and interconnect what used to be called sac roads, that there were improvements, sidewalks, and so ons and so forth that were looked at, so... MR. KLATZKOW: But we're not putting that into the PUD. COMMISSIONER McDANIEL: Sir? MR. KLATZKOW: We're not putting that into the PUD. MR. YOVANOVICH: Your code already requires us to do that, Commissioner McDaniel. MR. KLATZKOW: Well, no. If you're directing staff at buildout that they go to Whitaker Road and then do a study, that's fine, but I think that's the appropriate mechanism, not put into their PUD that we're going to do a study. COMMISSIONER McDANIEL: I didn't say a study. I wanted to make sure -- I wanted to make sure that the additional traffic on that road was addressed with the approval of this project. I didn't say do a study. MR. KLATZKOW: Well, I don't know how to put that in a PUD, because at the end of the -- if traffic on Whitaker becomes untenable, then they're in violation. COMMISSIONER McDANIEL: And then it's too late. COMMISSIONER SOLIS: Do we need to hear about the traffic study? June 9, 2020 Page 156 MR. YOVANOVICH: May I? Is it appropriate? COMMISSIONER FIALA: Yeah. MR. YOVANOVICH: You already have in your code a traffic calming analysis that we will have to undertake for improvements to Whitaker to address our traffic impacts, and we've historically not -- we've not put in PUDs code requirements that already exist, and we further already included a commitment to contribute funds towards that study and improvements for Whitaker. So I think we're taking care of it, Commissioner McDaniel, in a -- I just wanted to let you know that that has been -- that has been addressed in the PUD text as it exists today. CHAIRMAN SAUNDERS: All right. We had a motion. I'm not sure if we had a second or not. COMMISSIONER FIALA: I was the second. CHAIRMAN SAUNDERS: Okay. We have a motion and a second. Any further discussion on the motion? (No response.) CHAIRMAN SAUNDERS: Then I'll call for the question. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. OCHS: I'm looking back at your court reporter if she needs a break right now. I think she's nodding that a short break would be in order before we take this one. CHAIRMAN SAUNDERS: All right. Why don't we come back June 9, 2020 Page 157 at 10 minutes after 3:00. That will be 12 minutes, Commissioner McDaniel. A little extra time. (A brief recess was had from 2:58 p.m. to 3:11 p.m.) CHAIRMAN SAUNDERS: The meeting of the County Commission will please come back to order. I believe we're on Item 9B; is that correct? Item #9B RESOLUTION 2020-102: RECOMMENDATION TO APPROVE WITH CONDITIONS A RESOLUTION DESIGNATING 642.52 ACRES WITHIN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP RECEIVING AREA, TO BE KNOWN AS THE HYDE PARK VILLAGE STEWARDSHIP RECEIVING AREA, WHICH WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 1,800 RESIDENTIAL DWELLING UNITS, OF WHICH A MINIMUM OF 300 AND A MAXIMUM OF 1000 WILL BE MULTI-FAMILY DWELLING UNITS; A MINIMUM OF 45,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT IN THE VILLAGE CENTER CONTEXT ZONE; A MINIMUM OF 18,000 SQUARE FEET OF CIVIC, GOVERNMENTAL AND INSTITUTIONAL USES IN THE VILLAGE CENTER CONTEXT ZONE; ASSISTED LIVING FACILITIES SUBJECT TO A FLOOR AREA RATIO IN PLACE OF THE SQUARE FOOTAGE CAP IN THE VILLAGE CENTER CONTEXT ZONE; A MAXIMUM OF 10,000 SQUARE FEET FOR ANY RECREATION BUILDINGS IN THE NEIGHBORHOOD GENERAL CONTEXT ZONE AND A MAXIMUM OF 5,000 SQUARE FEET FOR ANY RECREATION BUILDINGS IN THE NEIGHBORHOOD EDGE CONTEXT ZONE; A MAXIMUM OF 30,000 SQUARE FEET OF WELLNESS AND COMMERCIAL June 9, 2020 Page 158 DEVELOPMENT IN THE VILLAGE AMENITY AND WELLNESS CENTER CONTEXT ZONE; ALL SUBJECT TO A MAXIMUM PM PEAK HOUR TRIP CAP; AND APPROVING THE STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR HYDE PARK VILLAGE STEWARDSHIP RECEIVING AREA AND ESTABLISHING THAT 3548.24 STEWARDSHIP CREDITS ARE BEING UTILIZED BY THE DESIGNATION OF THE HYDE PARK VILLAGE STEWARDSHIP RECEIVING AREA. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF THE FUTURE BIG CYPRESS PARKWAY IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. [PL20180000622] – ADOPTED W/STAFF’S RECOMMENDATION #1 MR. OCHS: That's correct, Mr. Chairman. This item also requires ex parte disclosure be provided by commission members, and all participants must be sworn in. This item is a recommendation to approve with conditions a resolution designating 642.52 acres within the Rural Lands Stewardship Area zoning overlay district as a Stewardship Receiving Area to be known as the Hyde Park Village Stewardship Receiving Area. The subject property is located north of Oil Well Road and west of the future Big Cypress Parkway. And there was a companion item to be heard immediately following this item if it's approved. CHAIRMAN SAUNDERS: All right. Then we'll start with Commissioner McDaniel on ex parte communications. And, Mr. McDaniel, we're on the Hyde Park. COMMISSIONER McDANIEL: Yes, yes, yes. I knew where we were when I left. Thank you. And, yes, I do: Meetings, correspondence, emails, and phone calls. June 9, 2020 Page 159 CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: I would say, without naming names, staff meetings, conversations with the developer and the developer's agent, telephone calls, conversations with the public. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I've had meetings with Mr. Yovanovich, I've had emails and telephone calls, and something from the League of Women Voters. CHAIRMAN SAUNDERS: And, Commissioner Fiala. COMMISSIONER FIALA: Yes, I had a meeting also with Rich Yovanovich, Mike Greenberg, Bob Mulhere, I've had meetings and emails. CHAIRMAN SAUNDERS: Okay. And I've had similar correspondence and meetings as well. And the court reporter, I think, is going to swear the witnesses in. If you're going to testify, if you'd please stand and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: Hopefully we won't need everybody to speak. MR. YOVANOVICH: I hope you're correct. Good afternoon. For the record, Rich Yovanovich on behalf of the petitioner. I'm going to introduce a lot of people, hopefully very few of which will actually speak during the presentation but will be here to answer any questions that I may not be able to answer . From Neal Communities we have Pat Neal, who's the president. CHAIRMAN SAUNDERS: Let me ask Mr. Neal a quick question. When were you in the state Senate? MR. NEAL: 1978 to '86. Way before, Mr. Chairman. CHAIRMAN SAUNDERS: Not too many years before, but I just wanted to recognize you for being here. June 9, 2020 Page 160 MR. NEAL: Let's just say I won every environmental award made to the members of legislature. CHAIRMAN SAUNDERS: Did you? MR. NEAL: I did. CHAIRMAN SAUNDERS: Great to know. Great to hear. And welcome. MR. YOVANOVICH: Well, that was my first person to introduce, Mr. Neal. CHAIRMAN SAUNDERS: I won't interrupt you again. COMMISSIONER TAYLOR: You can interrupt. MR. YOVANOVICH: That's okay. I'm better at counterpunching than the actual presentation. So Tim Oak, who's the Southwest Florida regional president; Dan Ciesielski, who's the Land Development manager for the south region; and Jason Frost, who's the vice president of land development. They're all in the back. Hopefully, you will not have to hear from them. Michael Greenberg, who used to be with Neal Communities, is now consulting with -- as part of the consultant team; Bob Mulhere; Barry Jones in the back is our civil engineer; myself; Jim Banks, our transportation consultant; Lucy Gallo is our economic fiscal neutrality consultant; and Tyler King with Dex Bender is our environmental consultant. I'm going to do a brief overview of the project, and then I'm going to turn it over to Mr. Neal who talk about Neal Communities and then Mr. Mulhere will take you through the details of the project, and then we'll be available to answer any questions you may have. For whatever reason, it's not moving. MR. MILLER: Let me see if I can help you, Rich. MR. YOVANOVICH: I appreciate that. MR. MILLER: You should be good. June 9, 2020 Page 161 MR. YOVANOVICH: Thank you. I know the buttons. Hyde Park SRA -- it went too far. There we go. On the visualizer is the roughly 643 acres which is the section of land that will be the Hyde Park Village SRA that's in front of you. You can see that's at the intersection of Oil Well Road and the future Big Cypress Parkway. The Rivergrass Village was approved just to the east of this project and also to the south of this project. The overall project itself, as I said, was almost 643 acres. We're asking for a total of 1,800 dwelling units, which is 2.8 units per acre. The maximum multifamily within the project will be a thousand units, but the minimum multifamily of the project will be 300 units, and the maximum single-family will be 1,500 units. Within the village center, to assure that it's a mixed-use village center, we will have a minimum of 180 multifamily dwelling units. We will also have 45,000 square feet of neighborhood commercial with a minimum of eight retail and office uses to assure that we are providing for the services that the residents of the village need as well as the residents -- nearby residents of Golden Gate Estates. And we will also have a minimum of 18,000 square feet of civic uses. And this SRA does include a trip cap based upon our trip study of 1,685 two-way unadjusted average weekday p.m. peak-hour trips. Bob will take you through the details of how we satisfy all of the Growth Management Plan and Land Development Code requirements, but before Bob gets into that, I'm going to turn it over to Mr. Neal to tell you a little bit about his company. MR. NEAL: Thank you, Mr. Chairman. In the next two minutes I'll like to tell you two or three relevant things about Neal Communities, mostly about what we've done in Florida, what we think we can do in Collier County. COMMISSIONER FIALA: And what is your name, sir? MR. NEAL: My name is Pat Neal, and I live in Bradenton, June 9, 2020 Page 162 Florida. I have been sworn. We're 50 years in the business 23 days ago. I'm still young and working with my family. I've worked with my wife for 42 years, Commissioner Fiona [sic]. We have four things that we might say that might be important. We've built 15,000 homes in one town, Bradenton and Manatee, Florida, which is about 10 or 11 percent of the total dwelling units built there. So we have a rule that says, I will never have to go hide behind the cornflakes, which that means is when I see my customer at Publix, I want to be able to look straight into the customer's eye, have a happy experience, and make sure they're having a happy experience. It happened, and I'm just going to tell you this, in 1991, I had a home product that I was selling for $89,000 on the water in Manatee County, Florida, and we'd done an air conditioning service on a pretty inexpensive air conditioning system. And we thought that it might not be a good experience for the customer. I saw the guy at Albertson's. I chose to go behind the cornflakes. I said, this isn't the way I want to live my life. I went up behind him in the counter. He was very happy with the air conditioning repair and happy with the house, and I've never had to do that again. We're different than the public builders in that respect. We're not a public builder, but we are the largest private builder in Southwest Florida and either the second or third largest in our state. We have a 94 percent customer satisfaction rate, and our satisfaction rate in Collier is higher than anywhere else in our company. It's 94.8, thanks to Tim Oak, who is somewhere back there . He calls every customer. Again, we're different than the public builders. I somehow snuck in that I'd won every environmental award made to members of the legislature, which is Sierra Audubon, Florida June 9, 2020 Page 163 Wildlife Federation, and League of Conservation Voters. I was chair of our senate's Natural Resources Committee in 1982 and '83 and wrote with my own hands in Committee Room A, I think. That has a new name Senator Saunders. But I wrote it with John DeGrove and John Mills, and it's our state's wetland law written by me, and our state's concurrency law, which was -- had unintended, I'd just like to say. Finally, we've had very good experience in 16 properties so far in Collier County. Michael wrote that six have been closed, but they've been closed successfully by having happy customers who had Michael Greenberg as our president for eight years. He's now retiring, and Tim Oaks is taking his place. This community -- oh, and I was Builder of the Year in the United Stated in 2015. This community will sell homes, in accordance with the report given to you, from about $168,000 and -- as rental homes and about $260,000 homes for sale. In your consideration of affordable housing considerations, I'd like you to focus on this one set of facts. We have more power in selling homes to people of low and moderate incomes today than we've had in any time since the beginning of World War II. If you buy a $260,000 home from Pat Neal and pay 10 percent down, your mortgage is about $224,000. Multiply that times three, it's been $7,200 a year, divided by six -- that's about $600 annual [sic] payment. Add the taxes of 200 and the insurance of 125. That's about $925 a year [sic] payment for a new home if you buy a $260,000 home. COMMISSIONER McDANIEL: Per month. CHAIRMAN SAUNDERS: Per month. MR. NEAL: Did I say -- 925 per month, times 12, roughly 11,000 per year. It's still a marvelous bargain and cheaper than rent . And if you June 9, 2020 Page 164 allow good builders who routinely build single -family homes in the 250s, they will be able to build affordable housing for you. Currently in Sarasota County we build under Sarasota County's affordable housing program in the low twos. We have a whole new series of homes market-rate affordable housing, and we will build this in this relatively inexpensive community. As I said, we have 22 current communities in this company and six in Neal Signature Homes, and we are financially able and will buy this land for cash and have no financing other than district financing. I'll close by saying, of course, part of being an elected official, we have quite a lot of community participation Manatee to Collier. We contribute almost a million dollars a year to local charities. Forty-nine charities our emphasis is environmental -- environment education, quality of life, and human dignity. Our focus has been on human dignity in the last 30 days. All I'd like to say is that we are contributing members of the community where we build. We intend to be contributing members -- a member of the community in Collier County. We're easy to reach. My cell is (941)586-8757. Everybody has it. You can have it. We'll do a good job for you. I hope you approve this project. COMMISSIONER FIALA: May I say, Mr. Neal, you have quite a few communities in the district I live in, and they're all exemplary. I look at them with -- and I've never met you, but I thought, what a great community this is. So every one of them when they come out of the ground, I figure, well, that will be good. So you have a good reputation. MR. MULHERE: Good afternoon. For the record, Bob Mulhere with Hole Montes here on behalf of Neal Communities this afternoon. June 9, 2020 Page 165 I'll go through relatively briefly the particulars and details of the proposed project. The Natural Resource Index is the process by which the lands are evaluated for natural resource qualities and environmental qualities. And the staff has reviewed the Natural Resource Index that we submitted. Tyler King prepared it. He's here if you have any specific questions, but I'll just go over a summary. I think Rich went over most of this right here. But it is important to note that this section of land is adjacent to the Faka Union Canal to the west. It's -- I've got Golden Gate Estates zoned to the north, Oil Well Road to the south, and the future -- it says county road, but Big Cypress Parkway to the east. The majority of the property was cleared at one point, and it was farmed and subsequently the property was mined. So the site consists of disturbed uplands, borrow pits, ditches, and berms. There are no lands within this section of land that score above a 1.2, and in your Natural Resource Index process, above 1.2 has a higher ecological value. This is an aerial of the site. You can see how disturbed it is. Oil Well Road runs along the bottom. Future Big Cypress will run along the east side. So our NRI assessment is consistent with the Land Development Code 4.08.07.A.1. Staff's reviewed it, concurs that it's consistent. So the other part of the Rural Lands process, or the subsequent part of the partner to the Natural Resource Index and to the stewardship sending lands process, is the designation of an SRA, and that's why we're here before you. The SSA requirements, you have to pay an application, submit an application, do the Natural Resource Index Assessment, develop a document and master plan, and analyze the public facilities impacts, you have to assess the economic impacts for fiscal neutrality, and you June 9, 2020 Page 166 must demonstrate that you have adequate stewardship credits to entitle this receiving area, and a stewardship credit agreement is part of that process, and we comply and have provided all of those. Villages are -- I've highlighted in yellow the salient points. Villages are primarily residential communities with a diversity of housing types and a mix of uses appropriate to the scale and character of the particular village. Villages can't be less than 100 acres nor more than 1,000 acres. This is 642 and change; almost 643 acres. Villages comprise of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. That's where the support services and facilities and commercial uses to support the village in the surrounding area will be located. Villages have to be designed to encourage pedestrian and bicycle circulation, have an interconnected sidewalk system and/or pathway system serving all of the residential neighborhoods. This has been designed. And I'll show you an exhibit in just a minute to demonstrate that. Villages have to have parks and public green spaces, and they have to include neighborhood scale retail and office uses as well as civic uses. This is Attachment A from the Future Land Use Element. It's probably a little hard to read. I think the next slide gives you -- is easier to look at. But I just want to -- I included this slide because I wanted you to see that there are typical characteristics for each of the forms of SRA in the RLSA program: Towns, villages, hamlets, and compact rural development. So you have a very specific list of items that you must comply with, including square footages and f loor area ratios and so on and so forth. And so we've taken that chart, and it's readopted in a different June 9, 2020 Page 167 form in your LDC. And this is a little bit easier to read, but you can see that we comply with all of those elements that I just went over. So for group housing, we have a floor area ratio; for civic and institutional uses, there was a floor area ratio plus a mathematical formula that tells you the minimum amount of civic square footage that you must provide; there is a minimum of 1 percent of parks and greens; 35 percent open space; and an interconnected transportation system. We comply with all of those factors. This exhibit shows you the location of the village center. Let's see if I can get this to work here. Nope. Doesn't work. The village center is right here. That's a mixed-use village center. As Rich mentioned, we are committed to a minimum of 180 multifamily units in that village center . It could be more. That's the minimum we're committed to. And then you have your neighborhood general in the brown here. That allows for multifamily. And since we have a minimum requirement of 300 units, whatever isn't put into the neighborhood center in multifamily will likely to occur in this area here . You're moving from the most intense to less intense but still somewhat intense to the least intense on the edges of this development, which is appropriate because you have Estates to the north and Estates to the west, whereas on the east and the south you're separated by arterial roadways. You have to have a minimum of two context zones. A context zone is the village center, the neighborhood general, but you may have more than two. You can also have neighborhood edge, and we do have three context zones in this village. I think Rich went over most of this. I don't want to repeat. I just want to mention that we have a minimum 45,000 square feet of neighborhood commercial with a minimum of eight retail and/or office uses and a minimum of 18,000 square feet of civic uses. That's June 9, 2020 Page 168 based on the formulas that are contained in your Growth Management Plan and Land Development Code. We have reserved 100 foot of right-of-way for future expansion of Oil Well Road. We have a requirement to provide a transit stop and -- or make payment in lieu. We have a slide. I'll go over the details of that momentarily. We have to pay our fair share for the traffic signal at DeSoto and Oil Well. And we have a trigger or a cap on the number of units that we can build. We can't go beyond 1,530 dwelling units until we build at least 22,500 of that neighborhood commercial that's required. I think this is kind of an important slide. If you'll look at the master plan on the right and the master plan overlaid on an aerial on the left, I think it gives you a good perspective as to the uniqueness o f this section of land, which is highly disturbed. There are deeper lakes on the property that we really can't fill. And so as we look at the design, we avoid the deeper lakes, and we improve those lakes where they're more shallow. Again, this is highly degraded. This section of land, if you were to draw a straight line down along, basically, where Big Cypress Parkway is proposed to go, none of the Rural Lands Stewardship here is west of that except for this one section of land. So it kind of sticks out. This is the master plan, which is in your packet. I do want to point out a few things, and I think maybe this subsequent slide. This is actually probably a better slide. So you can see -- I use -- I don't know why I can't get that to work, but -- I'll use the mouse to point out a few things. There is an interconnection here into the village center from Big Cypress Parkway. So you previously approved Rivergrass. A portion of Rivergrass is right here to the east. Folks from Rivergrass can access the commercial end of our project without going through the intersection. We also have access directly off of -- just where DeSoto June 9, 2020 Page 169 dead ends at Oil Well will be the access. We also have access over here to the west a little bit. The Faka Union Canal runs right here along the western perimeter. There are trails. This -- this trailway here brings you off of the road and carries you in a more pleasant experience up to this amenity center, which will be a large amenity center to the residents. There is another access point to Big Cypress right here. A future access point will be for residents only. Public access right here. All of those roads are designed with sidewalks, and the more collector type road will have bike lanes on both sides of the street. There was discussion previously with respect to walkability, and you may recall that. Walkability was an issue as it relates to SRAs, in this particular case the village of Hyde Park. As you can see, the village center, again, is right down here. We've drawn these concentric circles and shaded them differently so you could be able to see that these units -- first of all, again, some of the residential -- at least 180 will be within the village center. The rest of these right here are within a quarter mile of the village center. And then you have our amenity center right here, so an awful lot of this development is within a quarter mile of the amenity center with a reasonable walking distance. And we have these linear parks that connect these other areas to the amenity center, and there's access from everywhere within the development to bike or walk to the village center. This exhibit shows you the sightline. Let me just go back up again real quick. So the canal runs right along the western edge here, and on the other side of the canal is Estates zoning. They're sparsely developed, but there are some homes on the west side. And there was a question about the distance between a home in the Estates on our west side, on the other side of the canal, and the closest home within Hyde Park, and this exhibit shows you that. This June 9, 2020 Page 170 is a match line, so if you take this match line right here and you carry this exhibit to right here, it's a continuum. It's just a little difficult to fit it all on one slide. So if you're right over here and you are in your Estates home and you're looking across the canal to the east, you have 50-foot separation before you get to the canal, another 100-foot in the canal, and then another 65 feet which we are providing as a buffer with a landscape buffer, there's a 60-foot-wide open space, and then another 20-foot setback to our structures. So the total separation is 235 feet, which is very substantial and larger than most similar cases that you would see. We also, at the request of staff, included some of these neighborhood commercial uses. We're not required to do it, but we are allowed to do these uses within the village and amenity wellness center context zones if we so desire, and those are the kind of uses that folks might use such as a -- maybe not a manned, but a banking facility, a credit union, health services, financial advisors, professional offices, maybe law services, things that people would potentially use within the community at buildout that would reduce the trips on the external network. As Rich mentioned, Lucy Gallo of DPFG prepared our economic assessment. It was reviewed by staff and by a third-party consultant, I believe Jacobs, and the finding of those -- of staff and Jacobs is that we are -- CHAIRMAN SAUNDERS: Could I ask a question in regards to that? MR. MULHERE: Yes. CHAIRMAN SAUNDERS: And I apologize for jumping in. MR. MULHERE: Sure. CHAIRMAN SAUNDERS: We don't usually do that. But how come the economic information is -- the term that was used by the June 9, 2020 Page 171 Planning Commission is that it was locked. MR. MULHERE: Oh, yeah. CHAIRMAN SAUNDERS: And I don't understand what that even means. MR. MULHERE: Yeah. So there's a spreadsheet that is the backup or support for all of the calculations, assumptions, and analysis. And the Chairman of the Planning Commission wanted to be able to have access to that to include whatever scenarios he deemed appropriate for him to look at to determine whether we were, you know, financially or excuse me -- CHAIRMAN SAUNDERS: Self-sufficient. MR. MULHERE: Yeah. So we declined to do that. We did offer, however, to sit down with him, have the spreadsheet open, and go over any assumptions that he wanted to make or any scenarios that he wanted to make, and he declined that offer. So we stand by our economic assessment. MR. YOVANOVICH: I just want to add, Commissioner, that all of the assumptions were provided to your staff and the Planning Commission so they could see what assumptions we made in determining that we were fiscally neutral. I think some of your Planning Commission members wanted to change some of those assumptions and make their own fiscal neutrality analysis. And we said, we'll sit with you, change whatever you want to change, but we want to know what you're doing in manipulating our model, and some people didn't like that approach. MR. MULHERE: So that's what locked means; they couldn't manipulate it. There's really, I think, two issues. And I'm going to deal with the first one, and I think Rich is going to come up and deal with the second one. The first one is that there are a few deviations that we asked for staff had no objection, no problem supporting . There's one June 9, 2020 Page 172 that was of concern to staff and that they didn't support. And we worked with staff, really, over the period of a year to come up with something that they could support. And we had asked for a deviation for what we call lifestyle signs, and you see them all around the county. And staff said, well, we don't even have a definition of a lifestyle sign . So we worked with staff, and we looked back at the code, and the code, in the same section that we asked for the deviation for it, is a little bit more specific. It calls these things real estate signs. And your code allows for a pole sign. It doesn't regulate content. You know, that's First Amendment. It doesn't regulate content, but it does regulate size and setbacks and those types of things. The code says that you can have -- and number. You can have one pole sign, maximum of 15 feet with a maximum sign area of 64 square feet per street frontage for each parcel or lot in excess of 10 acres. We have one large lot that's 642.52 acres. We wanted four signs, and we were agreeing to separate them by at least 600 feet. And so that was our -- we changed our deviation to request a maximum of four signs meeting all of the other requirements in the code and adding the condition that they be separated by 600 feet. And we did that because we don't really want to have to go through the exercise of artificially creating these four 10-acre parcels that we can do 642 acres, but it doesn't really make any sense. And there's plenty of these signs around, and there's been no objection to these signs. So that's why we asked for the deviation. Staff can speak to the issue, of course, from their own perspective. You know, I don't want to speak on behalf of staff. But we are asking for that deviation. We do have a minor correction that isn't in your documents, and that relates to the transit stop. If you look at the language that is underlined -- well, we'd like to strike through the unnecessary language that's struck through at the top. But if you look at the June 9, 2020 Page 173 underlying language at the bottom, we would like to have the alternative of providing a payment in lieu if the county wishes to build a transit stop somewhere else while we're under construction or has a better need for that money. If they don't want the payment in lieu, when the timing is right for us to construct it, we would do so. So it's just an option, and it's really up to the county. So that's that language. I'd like to bring Rich back up, because this is his area of expertise. MR. YOVANOVICH: We are -- basically, your staff is recommending approval subject to some conditions in their staff recommendation and, as the County Manager pointed out, there's a companion developer contribution agreement that they're saying needs to be adopted as part of the SRA. Obviously, we agree to that condition. Where we are having disagreement with staff is with regard to either doing a housing needs analysis for the project or providing affordable housing units and, it appears, to not only providing affordable housing units, but we may also be required to provide an affordable housing site. And as you've heard me say in the past, your SRA provisions in the Land Development Code do not require affordable housing as part of the village concept, unlike the village concept that is in the Rural Fringe Mixed Use District. In the Rural Fringe Mixed Use District, if you go above the one unit per acre that you can ultimately get to, you have to provide affordable housing to get above that, quote, base density, if you will. I'll take you through several slides that has similar language in the Rural Lands Stewardship Program where it says, if you want to go above the base density, which is four units per acre in the Rural Lands Stewardship Area, you're required to do that through the affordable housing density bonus program. There's no requirement June 9, 2020 Page 174 that there be affordable housing within a village as the provisions currently stand in your code and your land -- your code and your comprehensive plan. I know there's discussion about making changes to those documents, but those changes have not yet occurred, and I think it would -- it's improper to require us to provide affordable housing to get an affirmative vote. Now, if you'll remember at the workshop that was held, I think in January -- it almost feels like that was a lifetime ago -- when we were talking about the SRA or the Rural Lands Stewardship Program, there was a comment from your staff that the reason the affordable housing wasn't included in the Rural Lands Stewardship Program is because you were -- at the time there were DRIs, and you were going to rely on the DRI statute to address an affordable housing analysis and/or the provision of affordable housing. You were going to do a housing analysis as part of the DRI review process. Not all villages meet the requirements of a DRI. Villages can range in size from 100 acres to a thousand acres. If the Commission will remember, back when we had DRIs in Collier County, the threshold for the DRI was 2,000 units. This project is 1,800 units. It would not qualify for the DRI review. So if you go with your analysis was you were going to deal with affordable housing as part of a DRI review, you acknowledge that not all villages are DRIs; therefore, not all villages would be required to provide affordable housing. We're less than a DRI. If you were going to apply the DRI statutes to us, it doesn't apply to us because the y're less than 1,800 -- or less than 2,000 units. So, one, under your originally adopted rules, if you -- it was only DRIs that had to provide affordable housing. This village is not a DRI. That's not what your code says, but that's what staff was saying is why that was not addressed. But when you look at your June 9, 2020 Page 175 actual code, what your code basically says -- and you've seen these slides in the past. I know I went over this with your Planning Commission -- is that under Policy 4.87, as I've mentioned -- and I don't want to repeat myself too much, but I've highlighted for you in bold the maximum base residential as set forth -- residential density as set forth in Attachment C, which Bob took you through, may only be exceeded through the density blending process and set forth in density and intensity blending provisions of the Immokalee Area Master Plan or the affordable workforce housing density bonus as referenced in the density rating system of the Future Land Use Element. So you've got to go above four units per acre to trigger the policy requirement to provide affordable housing. That's in your Growth Management Plan. Similar if not identical language is in your Land Development Code. And I'm not going to read it to you again. But, again, to go above the base density, you are required to provide affordable housing. Now, your staff will probably take you through to your Housing Element, and even your Housing Element does not require affordable housing. It talks about encouraging affordable housing and, actually, that's a county requirement to provide affordable housing when you look at your Housing Element. It's not for the individual developer. These are provisions that talked about partnerships between the county and other not-for-profit organizations and even for-profit organizations to provide affordable housing, and you did that earlier today. You came with a program where you selected, for this case, a not-for-profit to provide affordable workforce housing and senior housing at the Golden Gate Golf Course property. That's what the Housing Element's talking about is things for the county to work cooperatively with developers, not require a developer to do it when the developer is not inclined to do that. June 9, 2020 Page 176 I've said this to the Planning Commission many times, and I'll say this to you again: Cormac Giblin has a hard job. He is doing what he has been directed to do and what he thinks is best to try to find a way to get affordable housing built in Collier County . This morning I think was a success story. I know he's talking about other things that may work their way into the Growth Management Plan as changes for the Rural Lands Stewardship Program, but right now there is not that requirement. So we do disagree with the requirement to provide a Housing Needs Analysis and to provide income-restricted affordable housing within the project. Now, Mr. Neal pointed out to you that the quality of home that Neal Communities builds and the price points that Neal Communities builds, frankly, will target and bring your -- provide essential service personnel housing at the price points that were shown to you earlier in the day. So you are going to have a community that will serve that need and will be market driven and market based . So I'm going to jump from that topic, and I'm going to jump real briefly into the developer contribution agreement -- or developer agreement that's the companion item and kind of highlight a few of the provisions in that agreement, and with that we'll basically wrap up and answer any questions you may have. But as part of the -- we've worked a long time with your utilities staff and your transportation staff to come up with an appropriate developer agreement that addresses both utilities and transportation commitments. As far as utilities go, we have agreed to provide an easement along the northern and western boundary for water, sewer, and irrigation facilities for the county to extend their water, sewer, and irrigation services to the Rural Lands Stewardship Area as their master plan has been updated and approved to provide those services. We've also agreed to prepay water and sewer impact fees for 250 ERCs to help with the funding of those improvements. June 9, 2020 Page 177 As far as transportation commitments go, Bob mentioned we are providing 100-foot of right-of-way along Oil Well Road. I believe that's your last missing piece for road right-of-way to have all the right-of-way you need. We're also agreeing to incorporate what were previously pond sites that you were going to have to go out and acquire as part of those improvements, but we're going to bring that into our water management system, and in doing that we are, in effect, saving the county a million dollars in constructing ponds and other pipes and improvements to serve those ponds. In addition, as part of this, the way we've designed our site and permitted the site, it may be possible for you to go back in and amend your permit for the construction of Oil Well Road to basically lower the elevations of that road to possibly save the county another 3- to $4 million of costs, but you'll save a million dollars for sure, but a potential of up to $5 million through this agreement. And last, but not least, Bob mentioned the Faka Union Canal. The Faka Union Canal is there, but it doesn't really have an access to get to it and maintain it, and we've agreed to provide an access, a 20-foot-wide access easement to allow for the maintenance of the Faka Union canal. We'll be doing some clearing of vegetation in the canal as well as some clearing of the vegetation in the Oil Well Road right-of-way as part of this agreement. And that's just a brief summary of the developer contribution agreement that your staff says should be approved concurrently with the SRA, and we agree with that. In conclusion, the evidence shows that we meet the definition of a village, we comply with all the suitability requirements for the criteria. Everything is less than a 1.2, we meet all of the Growth Management Plan and Land Development Code design criteria, we've demonstrated that we're fiscally neutral, and we've accommodated public infrastructure through our developer commitments as well as June 9, 2020 Page 178 the developer contribution agreement. And with that, we're at the end of our presentation and are available to answer any questions you might have regarding the project. CHAIRMAN SAUNDERS: All right. Before we get to the staff presentation, if there is one, are there any questions from the Commission? (No response.) CHAIRMAN SAUNDERS: If not, is staff making a presentation? MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: All right. Okay. How many registered speakers do we have on this? MR. MILLER: I have one in the room and five remote. CHAIRMAN SAUNDERS: Okay. MR. FINN: Yes. Hello. For the record, I'm Tim Finn, principal planner. Sorry about that. Staff recommends approval of Petition SRA 20180000622, Hyde Park Village SRA, to the Board subject to the following conditions of approval which is outlined in your packet: 1, 2, 3 and 4. For No. 5, Deviation 6.6.4, lifestyle signs, we do not support this deviation, and we wish to request your guidance on looking at this through a land development amendment for sometime in the fall. And, Ray, if you would like to add something. MR. BELLOWS: Yes. Thank you, Tim. For the record, Ray Bellows, Zoning Manager. The issue with lifestyle signs, I think, as outlined in your executive summary, it's not a listed sign type, so it's prohibited by code. So they could not ask for a deviation. Staff, in an attempt to find some alternatives for the applicant, suggested, an d I was in support of, looking at this as a real estate sign. June 9, 2020 Page 179 Subsequent discussions with our team and staff, it became clear that we were clouding the issue between the lifestyle sign, which is prohibited, and a real estate sign, so we would request that the Board direct us to do an LDC amendment so we can further analyze and clarify this type of real estate sign. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you. You know, with signs, I understand that they would like to advertise their thing, but people won't see the signs until they go out that way because it's pretty far out. So they've already come out there to see it. I don't know that you really have to advertise it that much. And I remember when we started taking these signs down out of the county. We really worked at it, because everybody wanted signs. They wanted them high. They wanted them in neon. They wanted them in flashing. And we took a lot of heat to get it to look as nice as it does now. And, you know, it reminds me, they want so many signs right there for -- you know, it's like the Burma-Shave signs that we had of yesteryear. And I believe they're a good enough company, and they do their own advertising. I think one sign would be appropriate. MR. BELLOWS: Yeah. And I think that's where staff is coming from now in looking at how the signs can be confused between what is prohibited and not. So we are suggesting or recommending that the Board direct us to do an LDC amendment so we can provide that clarification. MR. FRENCH: Commissioner, thank you. And I know we spoke about this on our one-on-one. Again, Jamie French, for the record. One of staff's requests -- and we've had numerous conversations to try to find a more palatable solution that would work for both the community and the developer just before we got here today. But, June 9, 2020 Page 180 again, in speaking with the Deputy County Manager and the County Attorney's Office, we do believe that the best approach here might be to go back and visit this through an LDC amendment. We'd bring it back to you in October, November area for your conversation. And we feel like that would probably work still for this developer primarily because it's not far out from when they may start bringing in Site Development Plans and allowing us to start looking at some of their plats and plans. COMMISSIONER FIALA: You feel what is going to work for this -- MR. FRENCH: We would bring back a Land Development Code amendment for consideration. We'd bring it through the Planning Commission and again to the Board of County Commissioners for conversation. COMMISSIONER FIALA: I mean, I like this project. I just don't think they need that many signs. Are you saying the same thing? MR. FRENCH: Yes, ma'am. And we believe we can address this and give further considerations to how we go forward with these type of real estate signs that might promote some amenities within the community by readjusting or readdressing some of this older language that exists within our Land Development Code. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: And I think -- if the developer will go along with that, I think that's a good way to manage this. We have an issue in the community. These lifestyle signs are everywhere. I mean, this isn't the only project. They are currently existent in other areas and other communities around Collier County. And so, as Bob said, they could fandangle out 10-acre parcels to allow for the individual signs to be up along the way, but I think we can manage this better by a more holistic approach and actually June 9, 2020 Page 181 managing it through our Land Development Code so there's more uniformity. CHAIRMAN SAUNDERS: All right. Any other comments before we go to the public speakers? Is the staff presentation completed? MR. BELLOWS: Yes. And if you have questions of staff, we are here, of course. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: The new information that came today, or that I didn't catch when I was reviewing this, is the payment in lieu in regard to the transit . I don't remember us talking about that. We did not talk about that, so there. CHAIRMAN SAUNDERS: And that was completely at the option of the county. It was not a -- COMMISSIONER McDANIEL: Right. I understand that, but it was -- it was something -- my recollection of the cost of those transit facilities is seven times the amount of the proposed payment in lieu. MR. YOVANOVICH: No. I'm sorry, Commissioner. For the record, that amount came from your staff. So that's about what a transit stop costs. COMMISSIONER McDANIEL: Okay. MR. YOVANOVICH: Believe me, I didn't reduce a $280,000 payment down to 4- -- 40-. COMMISSIONER McDANIEL: I wasn't suggesting that. I just -- again, it was new, and I wanted to ask our staff with regard to that. Just -- I had a recollection of a transit stop in another project over in Immokalee, and it was -- it was 100,000. MR. YOVANOVICH: Well, I think there's a difference. You're talking about -- we're talking about a bus stop, which is what we were being required to do. There were some -- there are some multistage bus stops that become your transit. That's what I think you're thinking June 9, 2020 Page 182 about is your transfers stations, Commissioner. I think it's the transfer station. COMMISSIONER McDANIEL: If staff's okay with it and you're using a number that was given to you -- and they're all back there shaking their head. Here comes Trinity to fix it. MS. SCOTT: Just for the record, Trinity Scott, Transportation Planning Manager. Yes, that amount came from our Collier Area Transit, our public transit neighborhood enhancement for a bus stop pad with a shelter; typical bus stop that we have. CHAIRMAN SAUNDERS: All right. If there are no other questions, let's go to the public comment. MR. MILLER: Your first public speaker is Patricia Forkan, and she will be followed by Alison Wescott. MS. FORKAN: Well, good afternoon. My head is spinning because a few things that were said here today were not something that we were necessarily aware of. I'm Patricia Forkan. I'm representing the League of Women Voters. You've seen us a lot of times regarding Rural Lands Stewardship Areas. And we are concerned -- not so much this particular development. And I want to say to Mr. Neal, thank you for what things you have done for environment and conservation. That's very appreciated. And we recognize that you are not totally in Rivergrass. We wish we had more of you in those that are totally in Rivergrass. But in any event, thankfully the panthers aren't involved today, but we are concerned about fiscal neutrality, affordability and diversity in housing, and compliance with the Collier Community Character Plan. Now, I just heard a discussion that all of this went on with Mark Strain and the others that, yes, they were willing to talk to them and then they weren't willing to talk to them. And so I have no idea what June 9, 2020 Page 183 to make of that. But we do know that this is a single -- a single way -- in models, you have to have many models. We're looking at many models regarding hurricanes, all of those strands. So to have just one model which is locked which nobody can look at, except maybe they can look at, that's the thing I'm not really sure what to say about that. We really think that that's a problem and that we don't agree with a lot of the assumptions that we understand are part of model. So I'm going to leave that to others who maybe can read minds, but I can't. Housing diversity. This particular development is coming close to it, because they are providing 300 lower-cost units, but they still have 1,200 units over $300,000, as we understand it, and that is higher than the average assessed value in Collier County. So we don't see how, in Hyde Park, the essential service workers will be able to find a place just to live. So that's one of our concerns. Where am I? Okay. Community character. This is still sprawling and -- but, anyway, we are happy that they've tried to put most of the people in the center of the town; however, the town seems to be a strip mall. It's not really in the center. It's on the road. So we're concerned that there's not enough park and village places. There's -- the parks, as we know, in some of the other places were considered golf courses. But in any event, we would like to recommend that you consider, under the RLSA, broadening and making larger requirements for parks and green space. CHAIRMAN SAUNDERS: Thank you very much, Ms. Forkan. MS. FORKAN: Thank you. MR. MILLER: Your next speaker is Alison Wescott, and she will be followed by Judith Hushon. Ms. Wescott, are you on the line? June 9, 2020 Page 184 MS. WESCOTT: Yes, I am. Can you hear me? MR. MILLER: Yes, ma'am. Please begin. MS. WESCOTT: Terrific. Good afternoon, my name is Alison Wescott, and I'm Zooming in this afternoon to ask you not to approve the Hyde Park development as it is inconsistent with the vision that many citizens hold for the future of the county as set out in the Collier County Community Character Plan. Twenty years ago, as the RLSA overlay was in preparation, a group of concerned citizens warned the ubiquitous PUD model of development would lead to pedestrian unfriendly, disconnected, and homogenous large-scale developments. This led the county to create the Community Character Plan. And as you know, or as you may know, the plan emerged from a year-long participatory process led by county staff, Dover-Kohl, and 400 citizens. It is a framework that shows how the people of our county would like to see the county grow based on a shared vision for our future. It cautions sprawl-type communities coupled with current policies on density, affordable housing, and urban form will lead to the collapse of Collier County's prestige and desirability. So what can we learn from the Community Character Plan to avoid this? First, protecting our community's character should be at the forefront of planning decisions. Hyde Park is another gated village similar in many ways to Rivergrass. It's autocentric and sprawling with a proposed village center in the form of a commercial strip mall along Oil Well Road not far from the strip mall planned by Rivergrass Village. This was pointed out by Patty Forkan. Second, housing density should encourage the discernment of a legible neighborhood center and edge. It's unlikely that this will be achieved with a low suburban density and the design as proposed. Again, this is similar to what we saw at Rivergrass. And, third, affordable housing should be addressed in bricks and June 9, 2020 Page 185 mortar. This idea was brought up at the Rivergrass hearings, but it didn't seem to matter. And, fourth, streets and public spaces should be of such quality that they are viewed as genuine amenities in the neighborhoods they serve. And when I think of other Hyde Parks I visited, for example, in London, in New York's Hudson Valley, and in Boston, I see lush green parklands and a strong sense of place. Our requirement for park space here is just one percent. We can do better, and we should do better. As you consider the proposed amendments for the RLSA overlay in the weeks ahead, I hope you'll improve these standards. Rivergrass and Hyde Park would set the stage for piecemeal suburban sprawl along Oil Well Road. This is what the RLSA and the Community Character Plan set out to avoid. So I ask you to listen to our citizens and to act to protect our community character today. Thank you very much for your time. CHAIRMAN SAUNDERS: Thank you, Ms. Wescott. MR. MILLER: Your next speaker is Judith Hushon, and she will be followed by Elena Mola. Ms. Hushon, are you on the line? MS. HUSHON: Good afternoon. My name is Judy Hushon, and I'm a Collier County citizen. I've been charged with the responsibility for stewarding the county's natural fiscal resources. You have -- that is what you're charged with. You determine expenditures and set tax rates. Your decision today will have a significant effect on future taxes. Hyde Park, like Rivergrass, has made use of the Tindale Oliver model to determine fiscal neutrality. Our statutes require developments to show fiscal neutrality at buildout. The Tindale Oliver model that was used by DPFG on Rivergrass now is being used again. This is the first time we've had a locked model submitted to the county. The consultant has locked the model June 9, 2020 Page 186 so your Planning Commission and Jacobs Engineering, whom you hired to evaluate it, were essentially unable to do so. Jacob was not willing to guarantee or issue an expert opinion on the veracity of the model. This model is most often used to evaluate new construction in an area with existing infrastructure. The RLSA is a rural area, so this is not the appropriate model. Fiscal neutrality models consist of interlocking assumptions and predictions. It is hard to determine these interactions without testing the model. This testing typically consists of running a high, low, and average case for each variable and working through the results. The model has included a number of flawed assumptions, as noted by the Planning Commission. One was a nearby fire storage area or fire maintenance area that they counted as a fire station. The median household density assumed by the model is lower than that in surrounding Golden Gate and Ave Maria, which leads to an underestimation of infrastructure requirements. It's assumed that the ad valorem tax on the North Naples Fire District would be implemented. It didn't pass. Again, this is an underestimation. It relied on an economy which would continue to generate TDC taxes and other tax income. This will be interrupted by COVID. Without being able to open the model, we must assume that all of the assumptions may benefit the developer and not the county and taxpayer. This means that we are left to make up the difference with these bad assumptions that we cannot even inspect. This is a major reason there is a lawsuit over Rivergrass. The county is not doing its job to protect us, the taxpayers. Neither the CCPC nor the county staff have recommended this project for adoption. Ned Fryer of the CCPC stated, I think there were sufficient miscalculations or flawed assumptions in the financial analysis that the applicant offered that I am not able to determine just June 9, 2020 Page 187 how far short of fiscal neutrality we are really going to land. It's up to you to request that the fiscal neutrality be re-examined using an open model and then that this be verified by the CCPC and Jacobs Engineering before returning to you. MR. MILLER: All right. Commissioners, your next speaker is Elena Mola, and she will be followed by Lynn Martin. Mola, are you on the line? MS. MOLA: I am. Can you hear me? MR. MILLER: Yes, ma'am. Go ahead, please. MS. MOLA: Good afternoon. Thank you for your service and stewardship to Collier County and its taxpayers. My main concern is to ensure that you do not approve a multimillion dollar private development which would result in, one, a cost to or a subsidy from the county and its existing taxpayers or, two, would result in a violation of the terms and conditions required by RLSA rules and the state order. We as a county and its taxpayers cannot afford costs which staff and the developer have already stated would be required to be borne by the county and its taxpayers to provide infrastructure to those developments in the short, medium, and long-term basis. The principal astounding Collier County debt as of today is $576 million. Our debt service for Fiscal 2020 is $61 million. How many more sales taxes must we, the taxpayers, have to agree to pay to close deficit gaps in the county budget to primarily fund growth that benefits developers? In addition to this amount, growth-related debt for public utilities is $430.7 million, which includes a deficit of $80.8 million in deficits, in large part resulting from expansion of requisite infrastructure to fund development of water and wastewater in the RLSA. The majority of us are seniors living on fixed incomes. You June 9, 2020 Page 188 cannot expect to continue to squeeze blood out of turnips. The Planning Commission found that the development violates or does not meet numerous conditions required in the RLSA rules of state order. In addition, the Planning Commission found that it could not adequately, thoroughly, and independently verify or test the assumptions, formulas, and sensitivities contained in the developer's proprietary locked economic impact model to determine whether, in fact, its residential development would not negatively impact the financial condition of the county and its taxpayers. Again, as before, the consultant that created the developer's proprietary and locked impact model assumes no responsibility for inaccuracies, does not warrant or represent that any of the protected values of economic results will be achieved. Additionally, neither the Jacobs peer review or county staff can assure the Commission or county taxpayers the development will, in fact, achieve a fiscal benefit or fiscally neutral. What they do say is the county and its taxpayers will have to make significant initial investments to fund the infrastructure necessary to accommodate the services to be provided to these developers and their developments. This translates into the county and its taxpayers taking all of the financial risk associated with the provision of infrastructure and long-term servicing of Hyde Park, funding all costs on the year over year basis until buildout, through debts, increased taxes and fees, or decreased service levels. I find it ironic that in the land Of Sunshine with its full transparency Sunshine Laws, we are making significant development decisions relying upon a developer's locked, proprietary, and independently unverifiable testable model. Commissioner Saunders proclaimed that development in the RLSA was too important not to get it right, as a Commission's June 9, 2020 Page 189 decision with respect to RLSA would significantly impact and forever change the face – CHAIRMAN SAUNDERS: We need you to -- MS. MOLA: -- of Collier County. CHAIRMAN SAUNDERS: We need you to go ahead and wrap up, Ms. Mola. MS. MOLA: Okay. Unfortunately, even in light of significant public opposition of the county's Planning Commission's unanimous opposition to the first village proposed in the RLSA, this dais is continuing to consider the approval of the developments until everyone can analyze the economic model and agree on transparent standard and accurate formulas of assumptions. I do believe that, as a matter of principle, we should stop and agree on what we think is fair, just, and reasonable. CHAIRMAN SAUNDERS: All right. Thank you. MS. MOLA: Thank you. MR. MILLER: Your next public speaker is Lynn Martin, and she will be followed by April Olson. Ms. Martin, if you're ready, you can begin. MS. MARTIN: Ms. Martin, if you're ready, you can begin. Ms. Martin? Are you on the line, Ms. Martin? CHAIRMAN SAUNDERS: Let's go to Ms. Olson, and then we'll come back. MR. MILLER: Sure. April Olson. Ms. Olson, are you on the line? April Olson? (No response.) MS. OLSON: Good afternoon, Commissioners. Can you hear me? MR. MILLER: Yes, Ms. Olson. Go ahead. MS. OLSON: Wonderful. April Olson here on behalf of the Conservancy of Southwest Florida. June 9, 2020 Page 190 Although not a model for smart growth, we recognize and appreciate that Hyde Park does a better job than Rivergrass at achieving some of the design provisions required by the RLSA, such as better walkability to the village center and greater safety for pedestrians. We also appreciate that the site avoids Primary Panther Habitat. However, if you are considering approving this project, we ask that you first require the applicant to address two very important concerns raised at the Planning Commission hearings, including, number one, issues with the economic assessment and, number two, the lack of housing diversity and affordability. Members of the Planning Commission stated that the project's economic assessment failed to demonstrate fiscal neutrality because there were, quote, sufficient miscalculations or flawed assumptions in the financial analysis, end quote, and because there was a lack of transparency. Commissioner Fryer stated of Hyde Park, quote, if fiscal neutrality is going to be achieved at all, i t's going to be pretty far down the road, and in the meantime this is going to be a burden upon all the taxpayers in the county, end quote. In addition, as you heard earlier, the Planning Commission received a locked document making it impossible to test different assumptions and to validate the report's assertions. This was in contrast to Ave Maria's economic assessment, which was unlocked. It is imperative that a completely thorough economic analysis is the standard for each and every project because bui ldout for each SRA could take 30, 40, or 50 years or more. Another concern regarding Hyde Park is that the project fails to commit to housing diversity and affordability per staff's recommendations. Coronavirus has reminded us just how vital essential service personnel workers are for ensuring that our June 9, 2020 Page 191 communities thrive. There are over 45,000 acres of proposed RLSA development. Each and every community must have nurses, fire and EMS workers, teachers and utility workers. So before you approve this project, now is the time to ensure that there's enough housing to accommodate diverse incomes and ages, just as the plan requires. So, in summary, we ask that you require the following of the applicant: Number 1 -- well, this is just a general statement. From here on out, only allow unlocked versions of each SRA's economic assessment; and, No. 2, for the applicant, we ask that Hyde Park's economic assessment is reevaluated by staff to consider the miscalculations and flawed assumptions as mentioned by the Planning Commission; and, No. 3, we ask that you require the developer to abide by staff's recommendations pertaining to housing diversity and affordability. And I thank you so much for my time. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Mr. Chairman, I do believe we have Lynn Martin is all squared away now. Ms. Martin, are you there? Do you hear us? MS. MARTIN: Yes. Good afternoon Commissioners. Can you hear me? MR. MILLER: Yes, ma'am. Go ahead. CHAIRMAN SAUNDERS: You have three minutes. MS. MARTIN: My name is Lynn Martin, and I'm a full-time resident of Collier County. Today I am asking you to withhold approval of the proposed Hyde Park Village. The goal of the RLSA program is to have innovative compact villages and towns that are self-sufficient, not urban sprawl. To achieve this goal, the RLSA requires a diversity of single- and multifamily housing types and styles. Hyde Park Village June 9, 2020 Page 192 does not achieve this goal. The developers of Hyde Park propose to build 83 percent single-family and 17 percent multifamily homes. Today they've suggested the possibility of up to 66 percent multifamily, but there is no commitment. The county overall is 50 percent single-family and 50 percent multifamily. Why can't the developer commit to something closer to the county standard? The Land Development Code requires diversity with regards to age and income. The average assessed value for single-family homes in Hyde Park is 329,000, which is 26 percent higher than the median assessed value for the county. Is this affordable for diverse ages and incomes? The applicant's economic analysis proposes prices that are close to low, moderate, and gap affordability, but there is no guarantee that housing with these prices will be built. Villages in the RLSA are intended to be self-sufficient. At current price levels, there are no units set aside for the lower-income employees in the commercial retail businesses. These employees will not be able to afford to live there and will be required to drive long distances to get to work. Staff has recommended that the developer commit 15 percent of the units in their three lowest proposed price categories to be set aside and sold to certified low, moderate, and gap households for initial occupancy and future monitoring. Similar to other county developments to accommodate very-low-income households like the proposed employees, perhaps, in the village center, the staff has recommended a land donation to the county land trust. I encourage you to look closely at the lack of housing diversity and affordability and the excellent staff proposal. The applicant should be able to do better. June 9, 2020 Page 193 Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Mr. Chairman, that was your final registered speaker on this item. CHAIRMAN SAUNDERS: All right. We'll close the public hearing. Are there any questions or comments from the County Commission? Commissioner Taylor. COMMISSIONER TAYLOR: Yes, of Mr. Yovanovich. MR. YOVANOVICH: I was going to make some comments, but I'll let you go first. COMMISSIONER TAYLOR: Okay, good. Some questions about your deviations, if I may. MR. YOVANOVICH: Sure. All the ones that staff agreed to? COMMISSIONER TAYLOR: Yes. MR. YOVANOVICH: Okay. I'm going to have to -- Bob, can you pull that out? I don't have that slide readily available. COMMISSIONER TAYLOR: That's quite all right. Just as an explanation. My understanding of village design and the new urbanism is that it's very important to keep buildings close to streets so that sidewalks -- there's a sense of intimacy, there's a sense of walkability. When you allow parking even in front of a grocery store instead of requiring the parking to be behind the grocery store, you negate that. Also, the size of the lots that are -- the multifamily are on, you've asked for the lots to be larger than four acres is my understanding. MR. YOVANOVICH: That's correct. COMMISSIONER TAYLOR: I'm also having a problem with that, because then it becomes more -- the scale changes. So I'm just -- I needed to ask you about that. MR. YOVANOVICH: Sure. A couple of things when it comes June 9, 2020 Page 194 to that. First of all, our village center is where we're supposed to have the focal point for providing the retail and office uses, and it's supposed to be required to be mixed use. We are putting 180 multifamily units within that mixed-use village center. The development standards of a maximum of four acres does not work for a typical multifamily project to be constructed and work. You show me one that works on a four-acre piece that isn't really, really tall and really, really dense in intensity, which we can't do in a village center; we're limited in our height. When you -- the most -- the projects that are coming through for multifamily projects are in the 10- to 20-acre range. Look how we redeveloped Courthouse Shadows. That was roughly a 20-acre parcel. That's what we needed to achieve the density and have that type of project, which provides the diversity that's required in a village. We have diversity through providing multifamily in the village center, 180 units, plus another 120 units near by. We can't build a multifamily project on four acres. That's why we've asked for the deviation. That's why the deviation was granted in Rivergrass and, frankly, that is what Ave Maria is doing for its multifamily as well. And you will see a deviation request for Ave Maria, because they can't provide multifamily on a four-acre piece. So you have a problem with the code, and that's why the code recognizes the ability to ask for deviations, and that's what we're doing, to achieve that diversity of housing that people seem to criticize us because we're actually providing a diversity of housing in multifamily and single family. CHAIRMAN SAUNDERS: Commissioner Solis. MR. YOVANOVICH: And -- yeah, we can only have our multifamily within the quarter mile. So it's only -- it's only within a quarter mile of the village center. It's not out on the edge where I June 9, 2020 Page 195 think people were accusing us of not actually having a -- you know, the more intense to the less intense. I mean, I don't know what project they were looking at, but you will see we have neighborhood edge as our context zone adjacent to Golden Gate Estates lots where you want to have the less intensity. CHAIRMAN SAUNDERS: Commissioner Taylor, were you finished? COMMISSIONER TAYLOR: Yes, just a -- I'm not quite. I think that it was in terms of the size of the lot. My understanding of the four-acre lots with multifamily was to insist that the multifamily be broken up into smaller areas so that you could have four acres here, four acres there, four acres there; still have 180 units but spread it through. MR. YOVANOVICH: The reality is at some point you've got to recognize in order for a project to be successful, you have to give -- you have to give -- you have to give the developer the opportunity to build a project that they will actually potentially break even or make a little money on. To require them to break up these little multifamily pods, if you will, yet still be within the village center doesn't really work. And that's why the deviation was requested, and that's why the deviation was supported by your staff. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: I just wanted to get to the bottom of this economics analysis thing. In order -- and I've heard different explanations of what it means that it was locked and what the Planning Commission was able to see and not see. So what is -- were the values and the assumptions that go into this model provided to whoever wanted to see them to evaluate them to evaluate -- because this is all based upon values and assumptions that go into this model. June 9, 2020 Page 196 So were the values and the assumptions that the model's based upon -- and this is all -- I just want to verify this with staff as well. Were these provided to everybody so that everybody could evaluate them? MR. YOVANOVICH: Yes. COMMISSIONER SOLIS: Because I'm not -- again, I'm not an expert -- MR. YOVANOVICH: The answer -- COMMISSIONER SOLIS: -- but let me just say, it seems to me that that's the -- that's the evaluation that has to occur is, were the values you used the appropriate values, and were the assumptions -- you know, they're assumptions, but were they the right assumptions? MR. YOVANOVICH: Let me -- the answer to your question is all of that was disclosed to everybody – COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: -- including your staff, your third-party reviewer, and your Planning Commission. I just want to read from [sic] you from your independent reviewer's conclusions. Based upon DPFG's -- that's our person -- analysis and this peer review of that analysis, Jacobs concurs that Hyde Park qualifies as fiscally neutral as defined with respect to the county capital and operating impacts subject to the approval of the companion development agreement. The DFG [sic] analysis, which in Jacob's opinion is professionally prepared and thorough in its treatment of revenue and expenses, is accurate in its determination that the Hyde Park development would meet the county's requirements for fiscal neutrality. That's your independent reviewer. What we didn't let your Planning Commission do is play with the assumptions. COMMISSIONER SOLIS: Okay. Well, I just wanted to make June 9, 2020 Page 197 sure. And maybe this is a question for -- I just want to make sure that the staff has reviewed this as well. MR. OCHS: Commissioner, what I put on the visualizer, and Thaddeus will speak to, is Page 19 of your report in the two paragraphs here that speak to the Jacob's review. Mr. Cohen, why don't you go ahead. MR. COHEN: And I'm going to do two things. One is I'm going to defer to our expert, which is Amy Patterson, and I say that with all due respect to her. She is an expert in the impact fees. She's an expert in being able to work with our consultants, and our staff is expert in being able to review this information. And as the Manager has pointed out, that while the model is locked, all cell information is visual, includin g formulas and the data sources are also presented for validation. And as was repeated earlier was, it's not an open-source model in which someone who has worked -- these are my words now -- a lifetime to develop a model to be able to be used, it's not an open source in which you just put it out there for anyone to use because, basically, you put yourself out of business. COMMISSIONER SOLIS: Proprietary. MR. COHEN: Correct. But what you do is -- the information that they received came from the county, and the question that then is being used is there's a question about that data. Well, that data is available, that data has the ability to be reviewed, and that's what we did with a third party. But with that, I want Amy to kind of give you a broader aspect of that validation process so that you can all feel comfortable that not only did staff review it, but then we thought it was important to go to a third party, which was Jacobs, to have them review it, and the difference, there wasn't any. June 9, 2020 Page 198 So we have the original model that's done, staff review of that data, and then a third party take a look at it as well. CHAIRMAN SAUNDERS: And, Ms. Patterson, as you're coming to the microphone, the one question I had, and I think it's part of your presentation right now, is there's been a lot of discussion about the cost of this project to the taxpayers. Now, we have the highest impact fees, I think probably -- certainly in the state. Probably some of the highest in this whole region, in the southeastern U.S. And I'm not sure what cost is being borne by the taxpayers, and I'd like you to kind of give us your feelings on that as well, because a lot of speakers have said that this project will be a burden on the taxpayers, and I'm not sure exactly how that would play out. MS. PATTERSON: Understood. Amy Patterson, for the record, director of Capital Project Planning, impact fees, and program management. So perhaps just quickly we'll zoom out to this model and the staff review and peer review of the model. The model is dependent on county-adopted data in the form of levels of service, in the forms of impact fee methodology, as well as using those to project revenue . So when we looked to validate the model even though, again, the model was locked, meaning we couldn't change the data, we were able to validate all of the formulas, cells, information, and sources . We were able to tie them back to where they came from to their adopted studies or other documents, AUIRs, CIEs, et cetera, and then we were able to basically run our own parallel calculation because that's -- as doing the fiscal review, that's what we felt was appropriate. Did we need to? No. But we did take that additional step to run a parallel calculation. We also did look at population numbers, those issues that came up with persons per household. We ran these numbers backwards and forwards. We also took additional steps to look at level of service, June 9, 2020 Page 199 take a deeper dive on that and how it's affected by population, and we looked at the time of application for this development and how things have changed since then. So we're in a -- for the impact fee world, we're in a more favorable position at the time of this review because some of the impact fees had been updated. This review, again, is now reliant at the time of application on some impact fees that are older. So we know that those impact fees will be updated. Chances are that they'll maybe stay the same or maybe they're going to go up a little bit because we're in very, at the time, favorable conditions, and even still today. The other thing is that the model is required to go to horizon year to show their fiscal neutrality. We went through and validated the time frames in those projections. And the model is very conservative in that it doesn't have any inflationary factors, any escalators, or anything that, quite honestly, history would bear out; that even in periods of downturn we have, then, the resurgence and times -- that basically erased those downturns and put us back to upturn. So to have even every other year or every few years some sort of index or inflationary factor factored into this time period would have been potentially appropriate and, quite honestly, again, validated by history. They don't. They flatline the projections for the impact fee revenue and other contributing sources as well as the property tax calculations and things. So this is a very, very conservative projection that they're running. Where we had differences, we were able to talk that out with the preparer of the model to figure out kind of what they were thinking versus us. Level of service is tricky. It's complicated. So we want to make sure that everybody that was looking at things the right -- the same way, and if we weren't, why? And not so much in this, but in June 9, 2020 Page 200 the prior Rivergrass, those differences were documented. Also, this reviewer took a step -- or the preparer of the model met with all of your facility managers, the people that know the best what they need, both capital and operating. So do you need a fire station? What's going on? Do you need an EMS station? Same thing with public schools. So these major facilities there were talks, extensive talks with the facility managers about the types of things that they saw, not just because of Hyde Park or Rivergrass, but because of growth, generally, and were areas of need and their pain points were. So all of those things went on. CHAIRMAN SAUNDERS: Just -- the question about the impact on the taxpayers. MS. PATTERSON: Yes, sure. So to the extent that -- the Board sets your millage. The Board sets your impact fee rates and your level of service. Those things were all considered in this model. And so there's a level of taxpayer support that goes on in some facilities and to a lesser extent in others, and this is where we talk about that growth pays for growth. So some of these, like EMS, it receives a certain amount of General Fund funding that currently is funding their operation. The assumption here is that Hyde Park will make things -- for neutrality, will make things no better and no worse, meaning that they're not going to unduly burden the taxpayers. Taxpayers are maintaining a certain level of investment, and they'll continue to maintain that level of investment, but Hyde Park is not making that worse. They're not burdening the taxpayers. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Just a follow-up question. So you just said -- you talked about all of these conversations and meetings that you had to go through the assumptions, the values that were used, the county generated data that goes into all of that. So was all June 9, 2020 Page 201 that presented to our Planning Commission? MS. PATTERSON: It was all detailed in the staff report. We were never called up to give testimony, neither I and my staff nor the peer reviewer. COMMISSIONER SOLIS: Okay. I just find that interesting that our Planning Commission didn't want to hear that. That's all I have to say about that. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I was really wanting to talk about prices for homes. So if you want to continue on this part of it, then he can always call me when you're all done. CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Are you the official approver of fiscal neutrality? MS. PATTERSON: I have assisted since the departure of Mr. Bosi as the staff reviewer for the fiscal -- the economic assessments. COMMISSIONER McDANIEL: And are you satisfied that this project meets the fiscal -- fiscal neutrality requisites of our code? MS. PATTERSON: Yes. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Probably not connected to this, but after we vote on this, I'd like to make a suggestion on how we proceed going in the future. CHAIRMAN SAUNDERS: Let's go ahead and get this one done. Then we'll take something else up. No other lights are lit. Mr. Yovanovich, we'll give you the last say. COMMISSIONER FIALA: Well, I had -- CHAIRMAN SAUNDERS: Oh, I'm sorry. Commissioner Fiala, then. June 9, 2020 Page 202 COMMISSIONER FIALA: Okay. Good. I just wanted to talk -- but I didn't want to interrupt this conversation. But I wanted to talk just a little bit about the affordability of these different products. It's great that they started out at 168- for low income, but then they jumped $120,000 to the next level, and that's a big, big, big jump. I would think that -- if they could make it a little bit more reasonable. What you're trying to do is -- and I think you're trying to attract the real reason for essential service, that is the teachers, that is th e nurses. You're overpricing them right out of the market, at 282- is the next level, and then 344-. I mean, I can't afford 288- plus -- or 344-. Maybe there's something that you can attract the people that you're looking for. MR. NEAL: Commissioner, that might a little bit of a misnomer. We'll have a series of products that will begin at the entry level. That would be -- and we would normally talk about housing chassis. That would be a 30-foot chassis home would sell at that price level, but we might offer five or seven models in that, and that might accommodate 20 percent of the total population. COMMISSIONER FIALA: So how much are you talking about then? MR. NEAL: Well -- so there might be a home at 268- and one at 272- and one at 276- and one at 380-. COMMISSIONER FIALA: So where does -- MR. KLATZKOW: But correct me. This is market-rate housing. COMMISSIONER FIALA: -- a Publix employee live? CHAIRMAN SAUNDERS: Hang on a second, Mr. Klatzkow. MR. KLATZKOW: This is market-rate housing, correct? MR. NEAL: Yes. I'm trying to explain that there would be a whole series that would be in this price level before we jumped above. MR. KLATZKOW: Maybe yes, maybe no. This is going to be June 9, 2020 Page 203 market-rate housing. If the market's soft, the prices will be lower. If the market's hot, the prices will be higher. CHAIRMAN SAUNDERS: Okay. Commissioner Fiala -- COMMISSIONER FIALA: They're talking about low, moderate, and gap housing. MR. KLATZKOW: No. COMMISSIONER FIALA: There it is in writing right here. MR. OCHS: Commissioners, if I might, Commissioner Fiala is correct that in the staff recommendation you have three of the five elements of the staff recommendation that are recommendations related to affordable housing. So, you know, when the Board finally gets down to a motion, we're going to need some direction on whether you want those pursued or not. MR. YOVANOVICH: If I can, Commissioner, we have expressly stated we will not accept an SRA document that requires us to income restrict the housing as your staff has recommended. I just want to make sure we're clear on the record of that. Our price points, as Mr. Neal at the very beginning stated, he gave you, I believe, the example of a $260,000 home with a 10 percent down payment, which I can't do that math in my head anymore, is 234-, I think, close. At a 3 percent mortgage he told you it was somewhere around $7,500 a year in interest, then you pay principal and taxes on that. You're about -- you're about $1,000, a little over $1,000 a month payment for a house at $260,000. That price point is, frankly -- that monthly payment is less than the market-rate rental projects that are being approved and built today. So the pricing of the houses that Neal Communities is building will, in fact, be attractive to nurses and teachers and firefighters and sheriff's deputies. COMMISSIONER FIALA: Probably the Publix employees can't live here, and probably the people in drugstores can't live here, and it June 9, 2020 Page 204 would be nice if they could, too, but at least you'd – MR. YOVANOVICH: Right. COMMISSIONER FIALA: -- but at $373,000 or $344,000, do you know, they can't -- they can't live even at 282-. MR. YOVANOVICH: But they can -- and, again, Mr. Neal, I think, was trying to explain that the range is the 260- -- there's a range. The base model might be 260-, you do some adds to it, and it can get you to that 280- before you drop -- you go to the next level or next model type. So I think that there is going to be entry-level pricing under whatever the market suggests. But you can look at Neal Communities' product that's being built in our community today, and you know there are a lot of teachers that are living there and essential service personnel people that are living there today. So I hope -- I hope the Commission will agree to allow this project to go through as proposed with the types of housing that we're going to build, the diversity, that will, in fact, serve different income levels and we believe will attract essential service personnel. (Simultaneous crosstalk.) COMMISSIONER FIALA: First of all, I think it's admirable that they want to get out there. It's admirable that they want to accommodate some of the employees that work there so -- I mean, that's pretty far out for people to drive, so they'd like them to live there. I think they would have a better employee if they didn't have to pay so much gasoline to get anyplace, okay. I just feel that the three next levels after the 168- are astronomical. If you say that they're going to be -- they're going to be more reasonable -- I mean, people like me can't even afford the last two, and I am struggling with the other one . Okay. CHAIRMAN SAUNDERS: All right. We have two other commissioners' lights up. Commissioner McDaniel. June 9, 2020 Page 205 COMMISSIONER McDANIEL: Yeah. And I wanted to -- since Commissioner Fiala brought it up, I just wanted a little further explanation. There was a lot of comments from our staff with regard to affordable housing contributions, land contributions, so on and so forth. And I wanted to know if those are specifically requisite within the RLSA for projects to have and -- I'm asking. MR. YOVANOVICH: I know. I know. I'm out of practice. So I'm working on my -- getting back into the hearing mode. I didn't mean to jump the gun. Commissioner, your Rural Lands Stewardship Program does not require villages to provide affordable housing. It just requires a diversity of housing and to attract different income levels. It does not say you have to attract people who make less than 60 percent of the median income, people who make less than 80 percent of the median income, and -- or 100 percent of the median income or 120 percent of the median income. I think your staff will tell you it doesn't say that, and I will tell you that there are discussions that are going to change the program, but that's prospectively, not retroactively. COMMISSIONER McDANIEL: I'm well aware of the necessity of the love required for the RLSA. I guess maybe, if I may ask a question of Mr. Cormac, since he's standing right behind you. There was a -- there was a lot of discussion in here from your department with regard to the requisite of the different types of housing types and such. MR. GIBLIN: Good afternoon. For the record, Cormac Giblin, your Housing Grant Development Operations Manager. I put on the visualizer the two parts of our Comp Plan and our Land Development Code that I'm required to use when reviewing an SRA application. The first one comes from the Future Land Use Element, and Mr. Yovanovich alluded to some of this earlier but not the entirety of June 9, 2020 Page 206 it. Policy 4.7.2 says that villages are primarily residential with a diversity of housing types. Now, this proposal suggests that they'll have a minimum of 300 multifamily units and a maximum of 1,500 single-family units. It's up to the Board to decide whether that constitutes a diversity. The Land Development Code further, then, says that a village shall offer a range of housing types and price levels to accommodate diverse ages and incomes. There is nothing in the SRA document right now that delineates or guarantees any different price levels or ages or incomes. If you can go to the next. COMMISSIONER McDANIEL: Before you go on to the next -- before you go on to the next, I'm wondering -- and, again, I'm not -- I'm not -- we all know, Cormac, that there are discussions that we need to have with regard to a housing study and implementations and adjustments in the RLSA going forward. This is a market-rate project, and I haven't ever read anything in my analysis of the RLSA as it exists or the Land Development Code that requires the developer to guarantee a particular type of housing, price points. MR. GIBLIN: And that's, I guess, where I also differ with Mr. Yovanovich's interpretation earlier when his assertation was that the affordability review only comes into play if a developer asks to use an affordable housing density bonus. And I think, of course, yes, if you were going to ask to use a greater density by using that, then, yes, of course the affordability review would come in and you would need -- COMMISSIONER McDANIEL: But you -- MR. GIBLIN: But these sections -- COMMISSIONER McDANIEL: You award a lot of density in order to get to that, because that brings your price points down. June 9, 2020 Page 207 MR. GIBLIN: But these sections occur before that comes up. So it's staff's position that every SRA application must apply by these two provisions, and then, of course, if you go in and you're asking for an affordable housing density bonus, then you would fall under those provisions as well. Mr. Manager, could you put the next slide up. This is the staff recommendation in a nutshell. What we've said is that we've seen their economic analysis that was submitted with the SRA application, and we know -- we see the price ranges there. They have product ranging from $168,000 up to 373-, and that's great. That is -- I mean, for Collier County, that is very -- relatively affordable. What the staff recommendation is, none of that has been translated into the SRA as requirements. So as the County Attorney said a moment ago, this is a market-rate development that right now is proposing to hit the lower end of the market. Market conditions could change. They could change -- change their minds tomorrow. So the staff recommendation is to ensure that a minimum number of those units actually wind up being built; that they commit to a small percentage of what they're already saying they will do as part of the approval process, and that's where the staff recommendation is. COMMISSIONER McDANIEL: I understand. That clarifies that for me. Thank you. Now I understand it. Thank you. Because it wasn't lining up with me before. Because on the previous slide -- Mr. Ochs, if you'll remove that -- those are the requisites that we are to ensure that, in fact, transpire. I didn't see where the second part was coming from, from a physical requirement. MR. YOVANOVICH: The difference that I want to point out -- can you put the other slide back up? MR. OCHS: I suppose. COMMISSIONER McDANIEL: Pick a slide. June 9, 2020 Page 208 MR. YOVANOVICH: If you don't mind. What -- we don't have a problem, and we've already said we will build a minimum of 300 multifamily units. If you want us to put a price point by those numbers to say they'll be -- they'll have an ad valorem tax value -- because that's what that number is is the ad valorem tax value for the apartment of 168-. If Cormac's asking us to do that -- I don't know why you would do that, because we may actually build them for a little bit more or a little bit less. Remember, this is part of a fiscal neutrality analysis, not locking in and guaranteeing a certain number and type of units that will be built. This is being cherrypicked from a fiscal neutrality analysis. So if you want us to guarantee we will build X number of multifamily, which we've already done, and you want us to do Y number of single-family Product A, Z number of single-family Product B, we'll pick numbers within these ranges, but we're not going to go to that exact number. This was a fiscal neutrality analysis. What he's also trying to make us do is income restrict, at the affordable housing price points, a certain number of those units . What your code says is you have to have a diversity of income levels. It doesn't say that that diversity has to include affordable housing income levels. And I facetiously said at the Planning Commission, if you want me to guarantee we'll sell a certain number of people making -- to a certain number of people making at least $100,000 a year and another certain number that people make a t least 125,000 a year and another certain number who make at least 150,000 a year, we'll meet the income diversity threshold by that. He wants us to come down to the low, moderate, and gap in addition to those, and your code doesn't require that. So that's where we defer -- we disagree, and it's okay that we disagree, but we're not going to income restrict down into those affordability thresholds. June 9, 2020 Page 209 CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: My question was answered before. CHAIRMAN SAUNDERS: All right. MR. YOVANOVICH: Can I just make a couple quick points? I don't know if it's appropriate yet. CHAIRMAN SAUNDERS: Yeah. Let's go ahead and wrap up, if you would. MR. YOVANOVICH: Thank you. A lot of your speakers that were talking on the phone I don't think accurately reflected the vote of the Planning Commission. It was a 3-3 tie on the date of the vote, but they forget that Commissioner Schmitt noted, because he had heard the entirety of the presentations but couldn't come back to the continued hearing, that he was in favor of this project. So if he'd have been there for the vote, it would have been a 4-3 in favor. That's in your staff report, and I think that's important that -- that's in the record, because the speakers said that the Commission -- Planning Commission voted against it. What ended up happening, it was a tie, as you know, and a tie is a loss, but it's not a recommendation of denial; it's not a recommendation of approval. So I just want the record to be clear there. And I think what was pointed out -- and, really, it was the economic analysis that they were attacking. Nobody who spoke about the economic analysis explained that they actually had any credentials to talk about the economic analysis, and you had your group, Jacobs' group, as well as Amy come up and talk about the economic analysis. And with that, we would request that you would approve the project. You want to put that piece up? MR. MULHERE: Speaking with Heidi Ashton-Cicko, there's a June 9, 2020 Page 210 minor change in the transit to ensure that we -- either way we still provide you with the easement in the future should the county want to do that. So it will be a minor change. I just wanted you to know I worked out that minor change. CHAIRMAN SAUNDERS: Okay, fine. All right. Let's get back to the Commission discussion, and I'm going to start off just because nobody's lit up here . I voted against Rivergrass. I was very concerned about the fact that there were thousands of acres of land, and instead of dealing with the town, we wound up dealing with three villages, and I thought that was pretty sneaky, quite frankly. And there have been conversations concerning that, and I think that there's some improvements to those villages. This village is different, different for a lot of re asons. There's only 600-and-some-odd acres available, so a village is the only thing that can be developed there in terms of whether it's a village or a town. The -- the issue of fiscal neutrality, I'm satisfied that there's been plenty of opportunity to evaluate what was presented. I'm also aware of the requirements for the difference in income levels and that sort of thing, but lacking -- or there not being any requirement for low-income housing, moderate-income housing, or gap housing on this project. And if we want to do that, then we need to adopt ordinances that require it, but that's not what's required here. And so, even though I voted against Rivergrass, I said at that meeting that I would not vote for any villages that would be coming forward, I was really referring to the three that were presented by that developer. This one I see as being different. So I'm just -- I'll just throw that out and see if there's further discussion. Commissioner Fiala. COMMISSIONER FIALA: Yes. I'd like to make a motion to approve. June 9, 2020 Page 211 CHAIRMAN SAUNDERS: All right. The motion to approve would contain -- I'll support a motion to approve if it contains the recommendations of the county staff along with the requirement that Mr. Mulhere just outlined. MR. YOVANOVICH: Does that include the affordable housing requirements, Commissioner, because if it does -- CHAIRMAN SAUNDERS: I didn't think that that was a staff -- MR. YOVANOVICH: It is. COMMISSIONER TAYLOR: It is of staff. MR. YOVANOVICH: It is of staff. CHAIRMAN SAUNDERS: Okay. Without that, then. I'm sorry, then. There were five recommendations from staff. MR. YOVANOVICH: Three of them had to do with affordable housing. COMMISSIONER FIALA: I wanted to include all of that. I guess I should have gone down there and ticked it off one by one by one. But I think -- I think it's a good program. I think the developer is a great developer. I think you've done a lot of hard work. I think you've answered all of our questions about neutrality, fiscal neutrality. You've -- I've understood what you're trying to do with the -- to get some of the people living there. At least you've given 300 units that people can move into, and that's good. And I think the whole project is really good. So that's why I made the motion. CHAIRMAN SAUNDERS: I misunderstood what the staff recommendations were. There is a fifth one there dealing with the lifestyle signs. MR. OCHS: Yes, sir. COMMISSIONER FIALA: What did you say? CHAIRMAN SAUNDERS: There's a fifth one there dealing with the lifestyle signs. Staff had recommended coming back with an LDC amendment to deal with that. June 9, 2020 Page 212 COMMISSIONER FIALA: Oh, the signs. Oh, I still like the one sign. If that -- if that can't be accommodated, then we should talk about that. CHAIRMAN SAUNDERS: Well, staff has proposed coming back with an LDC amendment to deal with the issue of the signs. MR. YOVANOVICH: Just so we're clear, we're okay about deleting the deviation for the signs. I just need to be really clear that the original motion did not include the affordability. CHAIRMAN SAUNDERS: That was my mistake. MR. YOVANOVICH: Okay. I just want to make sure. So we're -- would it be better to just go through quickly the staff recommendations – COMMISSIONER TAYLOR: Yes. MR. YOVANOVICH: -- so there's not a mistake and Mr. Neal takes it out appropriately on me in case I mess up. So if we can go, on the staff recommendations -- MR. OCHS: I have them. MR. YOVANOVICH: You have them? Okay. I think No. 1 is clear; we've agreed to that. Number 2, we did not agree to the housing needs analysis. Number 3, we did not agree to the 15 percent numbers that staff's recommending there. And No. 4 is also affordable housing; we did not agree to provide those sites. And we are agreeing to delete No. 5. So, I guess, staff recommendation No. 1 is the only one that still survives? MR. OCHS: One and 5. MR. YOVANOVICH: Well, 5 goes away. We've deleted the request for the deviation. We'll just deal with the LDC. MR. OCHS: Okay. CHAIRMAN SAUNDERS: And the other technical change that -- MR. YOVANOVICH: Right about -- that Mr. Mulhere June 9, 2020 Page 213 mentioned about the whatchamacallit. CHAIRMAN SAUNDERS: Commissioner Fiala, is that your motion, then, as they've outlined? COMMISSIONER FIALA: Yes, thank you. CHAIRMAN SAUNDERS: Is there a second? COMMISSIONER McDANIEL: I'm just asking about the motion, if I may. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Ask about the motion made. I would -- are you okay with the developer accepting just one of the five proposed staff recommendations in your motion? I'm trying to be clear before I second it. I have concerns, candidly, about putting restrictions that aren't required within the GMP or LDC with regard to the housing. CHAIRMAN SAUNDERS: The motion only has Recommendation No. 1, which is the contribution agreement. COMMISSIONER McDANIEL: That's it? MR. YOVANOVICH: Yes. COMMISSIONER McDANIEL: Second. COMMISSIONER FIALA: Tell me what your regards are, or what your concerns were. COMMISSIONER McDANIEL: Well, I understood that you were wanting the housing recommendations from staff to be included in your motion. COMMISSIONER FIALA: Oh, they are. Isn't it -- the multifamily, which are apartment levels, right? Right? MR. YOVANOVICH: We've agreed to the 300 multifamily units, yes. COMMISSIONER FIALA: Yeah. CHAIRMAN SAUNDERS: All right. The motion is -- COMMISSIONER McDANIEL: The motion is for Staff June 9, 2020 Page 214 Recommendation No. 1. CHAIRMAN SAUNDERS: Number one. COMMISSIONER FIALA: Yeah. COMMISSIONER McDANIEL: Only. COMMISSIONER FIALA: Yeah, okay. Yeah, okay. I think we're all talking on the same thing. Okay. MR. OCHS: Mr. Chairman? CHAIRMAN SAUNDERS: We have a motion and a second. MR. OCHS: Mr. Chairman, again, just for the record, the reference to No. 1 is Item 11E on your agenda. That is the companion item. Are we voting on those together, Mr. Klatzkow, or -- CHAIRMAN SAUNDERS: Let's keep it simple for right now. We've got a motion on this petition. MR. OCHS: So the motion, really, on this petition is approval of the petition for the Hyde Park Village SRA. CHAIRMAN SAUNDERS: Correct. COMMISSIONER FIALA: Yeah, but not for the deviation, just for the one sign. MR. OCHS: No, none of the deviations. MR. YOVANOVICH: No, no, no. MR. OCHS: Excuse me. None of the other recommendations here. CHAIRMAN SAUNDERS: Keep this simple. We have a motion to approve the petition with one staff stipulation, which is No. 1, dealing with the Developer Contribution Agreement and nothing else. MR. OCHS: Correct. CHAIRMAN SAUNDERS: We have a motion and a second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Everybody understand what the June 9, 2020 Page 215 motion is? (No response.) CHAIRMAN SAUNDERS: All right. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER TAYLOR: I oppose. CHAIRMAN SAUNDERS: Okay. COMMISSIONER TAYLOR: I cannot support Deviation 1, Deviation 2, Deviation 15, but I believe -- or 5, but I believe 15 has been taken care of. I think it's been withdrawn. CHAIRMAN SAUNDERS: Okay. COMMISSIONER TAYLOR: Also, I do agree with our housing experts that Policy 4.7.2 and 4.08.07 apply to this development. I am not -- this is a much better development than Rivergrass could ever be, but I'm afraid it's dreadfully lacking in planning for the future of this county. Item #11E RECOMMENDATION TO APPROVE THE DEVELOPER AGREEMENT WITH NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, (DEVELOPER) THAT WILL PROVIDE AN EASEMENT TO THE COLLIER COUNTY WATER SEWER DISTRICT (CCWSD) FOR POTABLE WATER, WASTEWATER AND IRRIGATION QUALITY WATER INFRASTRUCTURE, AN EASEMENT TO SUPPORT FLOOD CONTROL AND PREVENTION IN THE FAKA UNION CANAL, RIGHT-OF-WAY June 9, 2020 Page 216 AND STORMWATER MANAGEMENT FOR THE FUTURE WIDENING OF OIL WELL ROAD – APPROVED CHAIRMAN SAUNDERS: Okay. We're going to move on to 11E. MR. OCHS: Yes, sir. This is the companion item. It's a recommendation to approve the developer agreement with Neal Communities of Southwest Florida. CHAIRMAN SAUNDERS: Are there any questions from our commission? Commissioner Fiala, your light was up. Is that -- COMMISSIONER FIALA: I'm so sorry. That's from before. Excuse me. CHAIRMAN SAUNDERS: Okay. Do we need any explanation on this? COMMISSIONER TAYLOR: No. CHAIRMAN SAUNDERS: Is there a motion? COMMISSIONER McDANIEL: I'll make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: We have a motion and a second. Any discussion? (No response.) CHAIRMAN SAUNDERS: If not, I'll call for the question. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: (No verbal response.) COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. June 9, 2020 Page 217 Oh, I'm sorry. Did you vote for that? MR. YOVANOVICH: Thank you. COMMISSIONER TAYLOR: I needed to. I was interrupting the motion. But I'm assuming, because I don't support development, it would be frivolous to vote for the DA, right, or does it matter? CHAIRMAN SAUNDERS: It doesn't matter. It passes. So whatever you want the record to reflect. COMMISSIONER TAYLOR: It doesn't matter? Okay. CHAIRMAN SAUNDERS: So it passes unanimously. COMMISSIONER TAYLOR: It was a good DA. Item #11F RECOMMENDATION TO APPROVE THE ELIGIBILITY OF THE DISASTER PERMIT FEE RELIEF PROGRAM TO VICTIMS OF THE 36TH AVENUE SE FIRE, ALLOWING AFFECTED HOMEOWNERS TO RECEIVE TARGETED REDUCTIONS RELATED TO PERMIT APPLICATION AND PLAN REVIEW FEES – APPROVED MR. OCHS: Commissioners, we move to Item 11F. This item was brought forward from the consent agenda by Commissioner McDaniel. It's a recommendation to approve the eligibility of the Disaster Permit Fee Relief Program to victims of the 36th Avenue Southeast fire allowing affected homeowners to receive targeted reductions related to permit application and plan review fees. Sir? CHAIRMAN SAUNDERS: Commissioner McDaniel, you're recognized. COMMISSIONER McDANIEL: Well, thank you. Thank you. And this was more of an informational thing than anything. I wanted just to make sure that our -- that our folks that suffered June 9, 2020 Page 218 terribly during those wildfires were being tended appropriately and that -- I mean, I think we're staying consistent with the previous disaster relief that we have afforded to our residents in the past. If you could just give a brief explanation as to what this entails and whether it includes impact fees. MR. FRENCH: Thank you, Commissioner. For the record, Jamie French with Growth Management. Again, Commissioner, this was an item that I believe you brought forward back in 2017 in response to other disasters that we've incurred through the county. And what this does, this allows for those permitted structures of single-family homes and mobile homes that were impacted -- and this automatically does take place during a state of emergency. Whenever you and the State of Florida claim a state of emergency, this does kick in automatically within our fee schedule. There was no -- there was no state of emergency with this fire. COMMISSIONER McDANIEL: Right. MR. FRENCH: So that's why this item needed to come forward. But it follows suit with what the Board has already adopted back in 2017, and it would cover already those permitted structures, meaning those single-family residences. The outbuildings, things like that, would not be covered. It's primarily helping people get back in their homes. It offers them a 50 percent reduction from that Enterprise Fund. There's no impact to the General Fund because that Enterprise Fund is Fund 113 through the Building Department. COMMISSIONER McDANIEL: And I saw dear Amy stepping up behind to answer the question with regard to impact fees. Because I was there and visited -- just so you know, I went down -- I went to a barbecue Friday afternoon with some of the folks that lost their homes over there. There was questions with regard to the impact fees, and I just wanted to make sure that our staff reach out to those June 9, 2020 Page 219 people, individually, if you can, and make sure that they're being afforded assistance. MS. PATTERSON: Amy Patterson, for the record. The impact fees are a little bit different, but it is good news as far as this goes for how we'll handle the impact fees . Impact fees run with the land. So these structures that were previously there permitted will be able to come in when they permit through the county and they will not be required to pay additional impact fees unless they wanted to greatly increase the size of the home. And when I say that, the first tier is 0 to 4,000 square feet. So the chances of that happening are probably pretty slim . We've gotten a list of all of the affected structures and, again, we're focusing primarily on the homes because accessory structures do not pay impact fees. We have one that we're doing further research on to kind of figure out what the permitting situation is with that . We've got a lot of avenues that we can pursue to assist. If there's a situation with what appears to be maybe a conversion of one type of structure to another, we've got a number of avenues to pursue. So the short answer is, yes, the impact fees, we will be able to provide assistance, not by way of this particular program but by the nature of impact fees themselves. COMMISSIONER McDANIEL: Just a quick -- you made a statement and then followed it up with what I think was more specificity. But you said that the relief was there unless there was a substantive increase in the size. MS. PATTERSON: All that means is that if you had a home, let's say, that was damaged or is going to need to be replaced that was 1,200 square feet and you said, well, I'm going to take this opportunity, I've always wanted to put an addition on, and you're going to put a large addition on or maybe you double the size. In this case you have to more than double the size of the home . So our June 9, 2020 Page 220 impact fees for single-family are in two breaks: 0 to 4,000 and 4,000 and greater. So if you started with a little home and you wanted to make it a really big home, the only thing you're responsible for is the incremental difference between the two. You don't have to pay your impact fees all over again, just the difference between them. COMMISSIONER McDANIEL: I understood that, and I wanted to say that out loud so that there was more -- and I appreciate you being very clear with that. MS. PATTERSON: Any questions that people have, my office is fully prepared to answer those questions and walk them through the process, and we will be looking at all of these permits as they come in to be sure that we are dealing with their impact fees. COMMISSIONER FIALA: And could you tell us your phone number to your office? MS. PATTERSON: Absolutely. My name is Amy Patterson, and my phone number is (239)252-5721. They can contact me directly. CHAIRMAN SAUNDERS: All right. And, Commissioner McDaniel, if you'd like to make a motion, then. COMMISSIONER McDANIEL: Well, I'd certainly like to make a motion for approval on that. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: We have a motion and second. Any discussion? (No response.) CHAIRMAN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. June 9, 2020 Page 221 CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that moves us to Item 15, staff and commission general communications. Nothing from me today, sir. CHAIRMAN SAUNDERS: All right. The Clerk's -- anything from the Clerk's Office? MR. JOHNSSEN: No, sir. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel, do you have anything to add? COMMISSIONER McDANIEL: No, sir. I'm very good. Thank you. CHAIRMAN SAUNDERS: All right. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. You know, we've heard from dialogue and, frankly, as long as I've been here, I've always heard about the cost of growth and does growth pay for growth. And so I've kind of done a little bit of work on it. And as your economic chair, I'd like to see if we could possibly ask staff -- and I'd like to work with them -- to see what other counties are doing and how they're addressing the significant cost of growth. Do I have agreement? I can start. And then, of course, to work with staff and to present. CHAIRMAN SAUNDERS: Any objections? (No response.) June 9, 2020 Page 222 CHAIRMAN SAUNDERS: I see none. Sure. COMMISSIONER TAYLOR: Great. Thank you. CHAIRMAN SAUNDERS: Anything else? COMMISSIONER TAYLOR: That's it. Thank you very much. CHAIRMAN SAUNDERS: Commissioner Solis, do you have anything? COMMISSIONER SOLIS: Nothing other than to -- I would like to sit down with staff and -- you know, we've been around and around on this fiscal neutrality issue now, and I'm just -- I need to understand how it is that what we heard today doesn't come up at the Planning Commission. I mean, our staff is a professional staff who we pay so, you know, to analyze these things and give us their recommendations. That's their job. So I'd just like to, if I can, you know, maybe Amy and Leo and Nick or whoever, I'd like to sit down and understand that, because if there's -- if there's one thing that I think, you know, staff needs to have the -- at least the opportunity to present is something extremely technical like that. I mean, it's essential, in my opinion, for them to be able to present that kind of analysis, because that's what we pay them to do. So I'd just like to raise that as an issue. MR. OCHS: Be happy to. CHAIRMAN SAUNDERS: All right. Anything else? Commissioner Fiala, do you have anything? COMMISSIONER FIALA: Good meeting. You did a great job. CHAIRMAN SAUNDERS: All right. I have nothing to add as well. Our next meeting is on -- two weeks from today? MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: And the only thing -- COMMISSIONER FIALA: Next Tuesday? MR. OCHS: 23rd. CHAIRMAN SAUNDERS: No, two weeks. The only thing that June 9, 2020 Page 223 I would -- I know we're going to get into our budget hearings. Today we hired some people for the park out in District 5, and we talked about some other expenditures. And I just wanted to make sure when we get into our budget hearings that we are fully informed as to where our revenues are and where they're heading, because we -- there are a lot of local governments around the country that are reducing their staff by very, very significant numbers. And we're not going to be immune from that. So I just wanted to put that on your list of concerns to be addressed. MR. OCHS: Yes, sir. It's been on the list. CHAIRMAN SAUNDERS: All right. If there's nothing else from the Commission, we are adjourned. ***** **** Commissioner Fiala moved, no verbal response for the second, that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RESOLUTION 2020-88: AMENDING ORDINANCE 2004-66, AS AMENDED, THAT CREATED AN ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, BY AMENDING CHAPTER TWO, LEGISLATIVE PROCEDURES, MORE SPECIFICALLY TO AMEND SECTION A, COMPREHENSIVE PLAN AMENDMENT, TO PROVIDE CONSISTENCY WITH CURRENT AND PROPOSED CHANGES TO PUBLIC NOTICE PROCEDURES, AND AN ADDITION TO CHAPTER FOUR, ADMINISTRATIVE PROCEDURES, MORE SPECIFICALLY TO ADD SECTION I.6., NOMINAL ALTERATION PLAN, TO PROVIDE A PROCESS June 9, 2020 Page 224 FOR A NOMINAL CHANGE TO A SITE DEVELOPMENT PLAN OR TO AN EXISTING SITE IN WHICH THERE IS NO SITE DEVELOPMENT PLAN; AND PROVIDING AN EFFECTIVE DATE Item #16A2 FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR AZURE AT HACIENDA LAKES – PHASE 1 REPLAT, PL20190000172 AND 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 – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF APRIL 24, 2020, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR DOCKSIDE RESIDENCES, PL20180003066, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $26,763 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION June 9, 2020 Page 225 TO DISCOVER DEFECTS WAS CONDUCTED BY STAFF ON MAY 5, 2020, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 11A, PL20180003678 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF MAY 6, 2020, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A5 RESOLUTION 2020-89: FINAL ACCEPTANCE OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS FOR A PORTION OF THAT ROADWAY KNOWN AS LOGAN BOULEVARD NORTH, ADJACENT TO THE RIVERSTONE COMMUNITY, APPROXIMATELY 1.15 MILES OF TWO-LANE ROADWAY AND BEING THE WEST 80’ OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16A6 June 9, 2020 Page 226 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND RIVERSTONE AT NAPLES HOMEOWNERS ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE LOGAN BOULEVARD NORTH PUBLIC RIGHT-OF-WAY – THE RIVERSTONE AT NAPLES HOMEOWNERS ASSOCIATION, INC. AGREES TO MAINTAIN THE LANDSCAPING AND IRRIGATION IMPROVEMENTS Item #16A7 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND HAMILTON PLACE TOWNHOMES HOMEOWNERS ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE LIVINGSTON ROAD PUBLIC RIGHT-OF-WAY – THE HAMILTON PLACE TOWNHOMES HOMEOWNERS ASSOCIATION, INC. AGREES TO MAINTAIN LANDSCAPING AND IRRIGATION IMPROVEMENTS ALONG LIVINGSTON ROAD Item #16A8 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND ABACO POINTE HOMEOWNERS ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE COLLIER BOULEVARD PUBLIC RIGHT-OF-WAY – THE ABACO POINTE HOMEOWNERS ASSOCIATION, INC. AGREES TO MAINTAIN June 9, 2020 Page 227 LANDSCAPING AND IRRIGATION IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY Item #16A9 RECOGNIZING AND APPROPRIATING REVENUE TO THE TRAFFIC OPERATIONS COST CENTER, IN THE AMOUNT OF $70,000 FOR FISCAL YEAR 2020 AND AUTHORIZING ALL NECESSARY BUDGET AMENDMENTS – DUE TO NUMEROUS VEHICLE CRASHES, AND COSTS FOR NECESSARY REPAIRS AND REPLACEMENTS Item #16A10 RECOGNIZING AND APPROPRIATING REVENUE WITHIN UNINCORPORATED LANDSCAPE FUND (112) IN THE AMOUNT OF $120,629.33, AND WITHIN GAS TAX FUND (313) IN THE AMOUNT OF $181,469.67 FOR FISCAL YEAR 2020 AND AUTHORIZING ALL NECESSARY BUDGET AMENDMENTS Item #16A11 APPROPRIATING COLLIER METROPOLITAN PLANNING ORGANIZATION’S (“COLLIER MPO”) ANNUAL OPERATING BUDGET FOR FY 20/21 AND AUTHORIZING NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF $817,073, EFFECTIVE JULY 1, 2020 Item #16A12 June 9, 2020 Page 228 SELECTION COMMITTEE’S RANKING AND AUTHORIZING STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH ATKINS NORTH AMERICA INC., CONCERNING REQUEST FOR PROFESSIONAL SERVICES (“RPS”) #20-7677 “UPPER GORDON RIVER WEIR REPLACEMENT DESIGN SERVICES” Item #16A13 AWARDING A $523,550 WORK ORDER TO QUALITY ENTERPRISES USA, INC., UNDER REQUEST FOR QUOTATION (“RFQ”) #14-6213-137 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR LELY AREA BRANCH 11 CHANNEL RESTORATION (PROJECT NO. 51101) AND ANY NECESSARY BUDGET AMENDMENTS – TO RESTORE A SECTION OF A CONTRIBUTORY CHANNEL WITHIN THE LELY AREA’S STORMWATER MANAGEMENT SYSTEM BY RESHAPING THE BANK AND BOTTOM AND PLACING RIP-RAP TO PREVENT FUTURE EROSION Item #16A14 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO AWARD INVITATION TO BID (“ITB”) NO. 20-7727 “R-O-W & EASEMENT MOWING” TO CARIBBEAN LAWN & GARDEN OF SW NAPLES FL., INC., AS THE PRIMARY VENDOR, AND SUPERIOR LANDSCAPING & LAWN SERVICE, INC., AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16A15 June 9, 2020 Page 229 RESOLUTION 2020-90: APPROVING A RELOCATION AGREEMENT, CONVEYANCE OF A TEMPORARY WORK AREA EASEMENT AND A PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, REQUIRED FOR CONSTRUCTION OF A CULVERT UNDER CR92 FOR THE PICAYUNE STRAND RESTORATION PROJECT, AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN. ESTIMATED FISCAL IMPACT: MINIMAL MAINTENANCE COSTS ONLY Item #16A16 ACCEPTING A MULTI-WAY STOP WARRANT STUDY AND APPROVE THE REMOVAL OF A TWO-WAY STOP CONTROL AT THE INTERSECTION OF MANATEE ROAD AND ROOST ROAD, FOR A COST OF APPROXIMATELY $400 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A17 – Moved to Item #11F (Per Agenda Change Sheet) Item #16B1 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD, APPROVE THE STIPULATION OF SETTLEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING ACCESS TO CRA OWNED PROPERTY IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA AND AUTHORIZE THE VICE- June 9, 2020 Page 230 CHAIR TO SIGN THE DOCUMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 FIRST AMENDMENT TO THE LEASE AGREEMENT WITH COLLIER MOSQUITO CONTROL DISTRICT TO EXTEND THE LEASE TERM FOR SPACE ON A COUNTY-OWNED COMMUNICATIONS TOWER – FOR SPACE ON THE COUNTY’S COMMUNICATIONS TOWER LOCATED ON COUNTY BARN ROAD Item #16C2 AWARDING INVITATION TO BID (“ITB”) #20-7703, “PAINT AND RELATED ITEMS,” TO THE SHERWIN-WILLIAMS COMPANY, AS THE PRIMARY VENDOR, AND FLORIDA PAINTS & COATINGS, LLC, AS SECONDARY VENDOR, FOR FURNISHING PAINT AND PAINT RELATED ITEMS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENTS – TO MAINTAIN AND RESTORE FACILITIES BELONGING TO COLLIER COUNTY Item #16C3 CHANGE ORDER NO. 14 FOR AGREEMENT #16-6638 WITH MITCHELL & STARK CONSTRUCTION CO., INC., TO BALANCE CONTRACT QUANTITIES IN THE VANDERBILT DRIVE CUL-DE-SACS PUBLIC UTILITY RENEWAL PROJECT (PROJECT NO. 70122 AND NO. 60122), AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND AUTHORIZE THE June 9, 2020 Page 231 CHAIRMAN TO SIGN THE CHANGE ORDER – AN ADDITIONAL $160,000 IS REQUIRED TO FULLY COVER THE COSTS OF THE ADDITIONAL STORMWATER QUANTITIES Item #16C4 AN AGREEMENT FOR REQUEST FOR PROPOSAL NO. 20-7690 “LOAN AND/OR GRANT ACQUISITION AND COMPLIANCE SERVICES,” TO ANGIE BREWER & ASSOCIATES, L.C. Item #16C5 SELECTION COMMITTEE’S RANKING AND AUTHORIZE ENTERING INTO NEGOTIATIONS WITH MANHATTAN CONSTRUCTION COMPANY FOR A CONTRACT RELATED TO REQUEST FOR PROPOSAL NO. 20-7700-ST, “CONSTRUCTION MANAGER AT RISK (“CMAR”) FOR THE COLLIER COUNTY GOVERNMENT OPERATIONS BUSINESS PARK” – STAFF WILL BRING A NEGOTIATED CONTRACT BACK TO THE BOARD FOR APPROVAL AT A SUBSEQUENT MEETING Item #16D1 BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED FOR THE PERIOD OCTOBER 2019 THROUGH DECEMBER 2019 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF COLLIER COUNTY RESIDENTS – RECOGNIZING $3,470 IN INTEREST June 9, 2020 Page 232 Item #16D2 THE CHAIRMAN TO SIGN THREE (3) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $30,500 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT – THESE REPAYMENTS ARE CONSIDERED PROGRAM INCOME AND HAVE BEEN DEPOSITED IN SHIP GRANT FUND (791) PROJECT #33613 Item #16D3 ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE PROPOSAL TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S INVASIVE PLANT MANAGEMENT SECTION FOR CONTRACTOR SERVICES WORTH $150,000 DURING FY 2021 TO TREAT INVASIVE EXOTIC VEGETATION WITHIN CONSERVATION COLLIER’S DR. ROBERT H. GORE III, RED MAPLE SWAMP, AND MCILVANE MARSH PRESERVES – NO LOCAL FUNDS ARE REQUIRED TO MATCH THIS GRANT IF AWARDED Item #16D4 PARKING LICENSE AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, FOR SHARED PARKING AT VINEYARDS ELEMENTARY SCHOOL – A 10-YEAR TERM TO CONTINUE THE SHARED USE OF A PARKING LOT ADJACENT TO PLAYING FIELDS AT VINEYARDS COMMUNITY PARK June 9, 2020 Page 233 Item #16D5 “AFTER-THE-FACT” BUREAU OF JUSTICE ASSISTANCE COMPREHENSIVE OPIOID STIMULANT AND SUBSTANCE ABUSE SITE-BASED PROGRAM GRANT APPLICATION IN THE AMOUNT OF $900,000 – TO ENGAGE INMATES EXITING THE JAIL SYSTEM IN A MEDICATION-ASSISTED TREATMENT (MAT) TO REDUCE RE-INCARCERATION Item #16D6 A BUDGET AMENDMENT FOR PARKS AND RECREATION DIVISION IN THE AMOUNT OF $300,000 WITHIN PARKS CAPITAL IMPROVEMENT FUND (306) TO COVER NECESSARY COVID-19 INCREASED CLEANING AND SANITIZING OF BEACH PARK AND COMMUNITY CENTER LOCATIONS – USED TO PURCHASE ADDITIONAL SUPPLIES FOR PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR STAFF, CLEANING AND SANITIZING IN ORDER TO PROVIDE DISINFECTION PRACTICES OF COMMUNITY CENTERS, PLAYGROUND EQUIPMENT, RESTROOMS, BENCHES, WATER-FOUNTAINS, BEACH ACCESS ASSOCIATED SHOWERS, AND AMENITIES THROUGHOUT THE COLLIER COUNTY PARKS AND REC DIVISION Item #16D7 “AFTER-THE-FACT” SUBMITTAL OF AN FY20 BUREAU OF JUSTICE ASSISTANCE COVID-19 EMERGENCY SUPPLEMENTAL FUNDING PROGRAM GRANT June 9, 2020 Page 234 APPLICATION IN THE AMOUNT OF $223,627 FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR COLLIER COUNTY SHERIFF'S DEPUTIES Item #16D8 THE CHAIRMAN TO SIGN ELEVEN (11) SATISFACTIONS OF MORTGAGE FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS THAT HAVE SATISFIED TTERMS OF ASSISTANCE FOR THE COLLIER COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D9 SECOND AMENDMENT TO AGREEMENT NO. 19-002-WV WITH BENEVATE, INC., FOR GRANT MANAGEMENT SOFTWARE; (2) APPROVE THE ANNUAL EXPENDITURE OF FUNDS IN THE AMOUNT OF $56,100 UNDER THE AGREEMENT; (3) APPROVE THE CONTINUED PROCUREMENT OF THIS SOFTWARE FROM BENEVATE AS A SOLE SOURCE PROVIDER OF NEIGHBORLY SOFTWARE’S ECONOMIC AND COMMUNITY DEVELOPMENT HOSTED SOFTWARE; AND, (4) AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT Item #16D10 WAIVING CONTRACTUAL PAYMENT OBLIGATIONS FOR PARKS AND RECREATION CONCESSIONAIRES FROM MARCH 1 – MAY 31, 2020 DUE TO THE COVID-19 PANDEMIC June 9, 2020 Page 235 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D11 SUBMITTAL OF COLLIER AREA TRANSIT'S TITLE VI PROGRAM TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) ENSURING EQUAL ACCESS TO ANY PERSON WITHOUT REGARD TO RACE, COLOR, OR NATIONAL ORIGIN – WITH APPROVAL OF THE PLAN UPDATE, THE TRANSIT TITLE VI PLAN WILL BE SUBMITTED TO FTA AND WILL BE VALID THROUGH 2023 Item #16D12 ELECTRONIC SUBMITTAL OF A PARTNERS FOR FISH AND WILDLIFE PROGRAM LANDOWNER GRANT PROPOSAL FOR $10,000 TO THE U.S. FISH AND WILDLIFE SERVICE FOR HABITAT RESTORATION AT MCILVANE MARSH PRESERVE – IF AWARDED, STAFF WILL BRING BACK A LANDOWNER AGREEMENT BETWEEN COLLIER COUNTY AND THE U.S. FISH AND WILDLIFE SERVICE (USFWS) THAT WILL ALLOW FIVE (5) YEARS FOR THE FUNDS TO BE EXPENDED Item #16D13 ELECTRONIC SUBMITTAL OF AN FY2019/20 GRANT APPLICATION FOR FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDING IN THE AMOUNT OF $51,600 FOR THE PURCHASE AND INSTALLATION OF ADDITIONAL BUS SHELTERS THROUGH THE FEDERAL TRANSIT ADMINISTRATION TRANSIT AWARD MANAGEMENT June 9, 2020 Page 236 SYSTEM – TO PURCHASE AND INSTALL UP TO THREE (3) BUS SHELTERS THROUGHOUT THE COUNTY, INCLUDING AMENITIES SUCH AS BIKE RACKS, BENCHES, AND TRASH RECEPTACLES Item #16D14 “AFTER-THE-FACT” APPROVAL OF AN ELECTRONIC SUBMITTAL OF A GRANT APPLICATION FOR A THREE- YEAR BUREAU OF JUSTICE ASSISTANCE DRUG COURT DISCRETIONARY GRANT IN THE AMOUNT OF $666,666 – LOCAL MATCH IN THE AMOUNT OF $16,666 WILL BE PROVIDED VIA A BUDGET TRANSFER FROM GENERAL FUND (001) INTO THE COMMUNITY AND HUMAN SERVICES GRANT MATCH FUND (708) AND THE REMAINING MATCH OF $100,000 WILL BE PROVIDED BY SUB-RECIPIENTS Item #16D15 FIRST AMENDMENT TO AGREEMENT NO. 18-7382 - PROFESSIONAL SERVICES AGREEMENT FOR COLLIER AREA TRANSIT FIXED ROUTE, DEMAND RESPONSE AND TRANSIT OPERATIONS MANAGEMENT SERVICES WITH MV CONTRACT TRANSPORTATION, INC., PROVIDING FOR REIMBURSEMENT OF OPERATING EXPENSES INCURRED IN RESPONSE TO THE COVID-19 PANDEMIC UTILIZING THE 5307 AND 5311 CARES ACT FUNDING ALLOCATED TO THE COUNTY BY THE FEDERAL TRANSIT ADMINISTRATION (FTA) AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) , AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT – SUCH EXPENSES INCLUDE BUT ARE NOT June 9, 2020 Page 237 LIMITED TO: (1) ENHANCED CLEANING, (2) INCREASED EXPENDITURES FOR CLEANING SUPPLIES, (3) ADDITIONAL VEHICLES PLACED INTO SERVICE TO ALLOW FOR CDC RECOMMENDED SOCIAL DISTANCING, AND (4) ADDITIONAL STAFF TO COVER PERSONNEL QUARANTINED TO ENSURE CONTINUITY OF OPERATIONS Item #16D16 THE PURCHASE OF TWO TROLLEYS FOR THE COLLIER AREA TRANSIT ("CAT") SYSTEM USING THE STATE OF GEORGIA’S COMPETITIVELY SOLICITED PUBLIC MASS TRANSIT & TRANSPORTATION-RELATED VEHICLES CONTRACT NO. 99999-001-SPD0000138-0003 Item #16D17 RESOLUTION 2020-91: FY20 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 CARES ACT GRANT AWARD IN THE AMOUNT OF $1,378,420 TO PROVIDE CONTINUED SERVICE OF THE COLLIER AREA TRANSIT SYSTEM; APPROVE A RESOLUTION AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT AND ALL NECESSARY BUDGET AMENDMENTS AND CERTIFICATIONS Item #16E1 SECOND AMENDMENT TO LEASE WITH NAPLES HMA, LLC, D/B/A PHYSICIANS REGIONAL MEDICAL CENTER - COLLIER, TO EXTEND THE LEASE TERM FOR SPACED June 9, 2020 Page 238 UTILIZED BY EMS – AT THE COLLIER BOULEVARD LOCATION Item #16E2 AMENDING AND EXTENDING AGREEMENT NO. 16-6621 WITH CORNERSTONE ONDEMAND, INC., TO PROVIDE SOFTWARE PRODUCTS FOR THE COUNTY’S ONLINE AND ON-DEMAND WORKFORCE LEARNING, DEVELOPMENT AND PERFORMANCE MANAGEMENT PROCESSES – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 RESOLUTION 2020-92: REPEALING RESOLUTION 2020-65, WHICH ENACTED AN OUTDOOR BURNING BAN IN THE UNINCORPORATED AREAS OF COLLIER COUNTY IN ACCORDANCE WITH ORDINANCE NO. 2009-23, THE REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE Item #16E5 RATIFYING, IN ACCORDANCE WITH THE STATE OF LOCAL June 9, 2020 Page 239 EMERGENCY DECLARED BY THE BCC, THE EXECUTION OF A LEASE WITH HORIZON VILLAGE COMMUNITY IN IMMOKALEE TO RESERVE DORMITORIES FOR USE AS NON-CONGREGATE SHELTERS FOR COVID-19 POSITIVE- IDENTIFIED PATIENTS AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS – THE LEASE RESERVES SEVEN DORMITORIES, AT A COST OF $96 PER NIGHT FOR 75 NIGHTS FOR A TOTAL COST OF $50,400 Item #16F1 AGREEMENT #20-037-NS BETWEEN COLLIER COUNTY AND SEARCHWIDE GLOBAL, INC., FOR RECRUITING SERVICES FOR DEPUTY DIRECTOR - TOURISM, AND MAKE A FINDING THAT THE EXPENDITURE OF FUNDS RELATED TO THE AGREEMENT PROMOTES TOURISM – THE COST FOR RECRUITING CANDIDATES FOR THIS POSITION HAS BEEN NEGOTIATED AT A FLAT FEE OF $28,000; FUNDING IS AVAILABLE IN FUND 184, TDC PROMOTION Item #16F2 RESOLUTION 2020-93: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET Item #16J1 RESOLUTION 2020-94: CHANGING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS June 9, 2020 Page 240 Item #16J2 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 MAY 14, 2020 AND MAY 27, 2020 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JUNE 3, 2020 Item #16K1 RESOLUTION 2020-95: APPOINTING MARCO ISLAND REPRESENTATIVES ROBERT ROTH AND ERIK BRECHNITZ TO THE COASTAL ADVISORY COMMITTEE Item #16K2 RESOLUTION 2020-96: APPOINTING DEVON BROWNE, TO FILL THE REMAINDER OF A VACANT TERM THAT EXPIRES MARCH 22, 2021, TO THE PUBLIC TRANSIT ADVISORY COMMITTEE Item #16K3 June 9, 2020 Page 241 AUTHORIZING APPLICATION FOR TAX DEEDS FOR EIGHTEEN (18) COUNTY-HELD TAX CERTIFICATES AND FORWARDING A WRITTEN NOTICE TO PROCEED WITH TAX DEED APPLICATIONS TO THE TAX COLLECTOR – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K4 – Withdrawn (During agenda changes) RECOMMENDATION TO TAKE NO ACTION WITH RESPECT TO THE PUBLIC PETITION INITIATED BY JAMES BOATMAN, ESQ., RELATED TO THE ROLL-OUT OF 5G IN COLLIER COUNTY Item #17A ORDINANCE 2020-14: AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS VANDERBILT BEACH COMMERCIAL TOURIST COMMERCIAL PLANNED UNIT DEVELOPMENT, TO ALLOW UP TO 17 HOTEL AND MOTEL UNITS AND 7,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED ON THE June 9, 2020 Page 242 NORTHEAST PORTION OF THE INTERSECTION OF GULF SHORE DRIVE AND SOUTH BAY DRIVE, APPROXIMATELY 400 FEET NORTH OF VANDERBILT BEACH ROAD, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF .62± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20180002792) Item #17B ORDINANCE 2020-15: PETITION PL20180002792/CPSS-2019-03, A GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT SPECIFIC TO THE URBAN COMMERCIAL DISTRICT OF THE FUTURE LAND USE ELEMENT, TO CREATE A NEW SUBDISTRICT, VANDERBILT BEACH COMMERCIAL TOURIST SUBDISTRICT (ADOPTION HEARING) Item #17C RESOLUTION 2020-97: FINDING A LOGISTICS FACILITY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL DESIGNATED AREA OF THE I-75/COLLIER BOULEVARD COMMERCIAL CENTER PUD, AS AUTHORIZED IN SECTION 3.3.A.21 OF ORDINANCE 00-89. THE SUBJECT PROPERTY IS WITHIN THE ACTIVITY CENTER #9 OVERLAY ZONING DISTRICT AND LOCATED AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PL20200000543) June 9, 2020 Page 243 Item #17D ORDINANCE 2020-16: AMENDING ORDINANCE 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE TIMING OF REQUIRED INSPECTIONS FOR COMMUNICATIONS TOWERS, TO ADD A NOMINAL ALTERATION PLAN TO SIMPLIFY THE REVIEW OF CERTAIN CHANGES TO SITE DEVELOPMENT PLANS, TO LIMIT ARCHITECTURAL LIGHTING ON BUILDINGS AND LIGHTING ON CAR WASH EQUIPMENT, TO CLARIFY PUBLIC NOTICE PROVISIONS FOR CERTAIN LAND USE PETITIONS, AND TO CORRECT CITATIONS AND UPDATE TEXT, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS; CHAPTER TWO – ZONING DISTRICTS AND USES; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS; CHAPTER NINE – VARIATIONS FROM CODE REQUIREMENTS; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES; APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; AND APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE June 9, 2020 Page 244 COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE Item #17E RESOLUTION 2020-98: PETITION VAC-PL20200000324, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE MAINTENANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK 4551, PAGES 1016 THROUGH 1020 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 1.4 MILES SOUTHWEST OF THE INTERSECTION OF US-41 (TAMIAMI TRAIL EAST) AND THOMASSON DRIVE, IN SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PL20200000324) Item #17F RESOLUTION 2020-99: PETITION VAC-PL20200000046, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE DRAINAGE EASEMENT, INGRESS-EGRESS EASEMENT, AND ANY INTEREST THE COUNTY MAY HAVE IN THE 45-FOOT SPECIAL PRESERVE EASEMENT LOCATED IN THE REAR OF LOT 5, BLOCK “H” OF QUAIL WEST UNIT ONE, REPLAT BLOCKS G AND H, AS RECORDED IN PLAT BOOK 22, PAGE 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA June 9, 2020 Page 245 Item #17G RESOLUTION 2020-100: PETITION VAC-PL20200000468, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE SANITARY FORCE MAIN UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 2706, PAGE 2637 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY, APPROXIMATELY 0.4 MILES WEST OF LIVINGSTON ROAD, IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17H RESOLUTION 2020-101: PETITION VAC-PL20180002229, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 15-FOOT UTILITY EASEMENT AS DESCRIBED IN THE ORDER OF TAKING, CASE NO. 89-0957-CA-01-HDH, RECORDED IN OFFICIAL RECORD BOOK 1472, PAGE 1618 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE EAST SIDE OF LOT 35, BLOCK A, ROCK CREEK PARK, RECORDED IN PLAT BOOK 1, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TERRACE AVENUE, APPROXIMATELY 200-FEET WEST OF AIRPORT PULLING ROAD, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PL20180002229) ***** June 9, 2020 Page 246 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:12 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _______________________________________ BURT L. SAUNDERS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK ____________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC.