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Agenda 12/08/2020 Item # 2C (BCC 10/27/2020 Regular Meeting Minutes)12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: October 27, 2020 BCC Meeting Minutes Meeting Date: 12/08/2020 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 11/17/2020 11:54 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 11/17/2020 11:54 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 11/25/2020 11:22 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 2.C Packet Pg. 23 October 27, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 27, 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 October 27, 2020 Page 2 CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting of the County Commission will please come to order. We have with us this morning for our invocation Reverend Sheila Zellers from the Motivated by Love Ministries. I want to welcome you this morning and thank you for getting us started. After the invocation, if everyone would please rise. Commissioner Fiala, if you'd lead us in the pledge after the invocation. COMMISSIONER FIALA: Thank you. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION GIVEN REVEREND ZELLERS: Dear Heavenly Father, in the name of Jesus, we come to you today on behalf of our Collier County, County Commissioners and the people represented. We ask for unity, health, safety, kindness for our leaders and our community. We ask you to watch over those who serve in government, armed forces, front-liners, service industries, schools, and businesses. I petition your hope to cover our county and our country. Proverbs 13:12 says, hope deferred makes the heart sick but a longing fulfilled tree is a tree of life; penned by King Solomon in the 10th Century BC and still holds true today. With all the unrest in our nation, may your liberty and justice come to us all saturated with a healing love between all mankind. In the '60s, Diana Ross sang a song, and it said, what the world needs now is love, sweet love; that's the only thing that there's just too little of. God, we pray today that you will give us bipartisan decisions to the commissioners, that they will have wisdom beyond October 27, 2020 Page 3 their years, in sight for next generations, and hope for our community to still be the greatest community I've ever lived in and for these people who are represented today, that they will feel that you are the peace, the hope, and the love that we need to live in Collier County as a community drawn together in one spirit to produce hope and kindness for all. In the name of the father, son, and the holy ghost, and Jehovah God's name, I pray, amen. COMMISSIONER FIALA: And please put your hands over your hearts and say with me: (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Mr. Ochs, good morning. MR. OCHS: Good morning, sir. CHAIRMAN SAUNDERS: If you would take us through the agenda, we'll start off with -- if there are any changes or addenda to the agenda. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES (COMMISSIONER MCDANIEL ABSTAINED FROM ITEM #16C6) MR. OCHS: Yes, sir. These are the proposed agenda changes for the Board of County Commissioners' meeting of October 27th, 2020. First proposed change is to continue Item 9A to your November 10, 2020, BCC meeting. This is an ordinance considering October 27, 2020 Page 4 an amendment to the Orange Blossom Ranch Planned Unit Development. That request for continuance is made by the petitioner. The next proposed change is to move Item 16A8. This is a discussion of an amended resolution regarding the Property Assessment Clean Energy Program for commercial, industrial, and multifamily properties in the county. That item is moved at Commissioner Taylor's question. And I have one agenda note, Commissioners. Items 11A and 11B on the agenda today are listed as companion items, and that's true; however, there's an incorrect reference in the agenda index titles that those are companions to 9A and 9B. That's actually -- they're companions to 11A and 11B. CHAIRMAN SAUNDERS: Okay. Thank you. Let's go to the Commission and see if there are any changes and also if you have any disclosure -- ex parte disclosure on the consent agenda and summary agenda. We'll start with Commissioner McDaniel. COMMISSIONER McDANIEL: If you go to someone else. My stuff's not up here, so... CHAIRMAN SAUNDERS: All right. Commissioner Taylor. COMMISSIONER TAYLOR: No disclosures and -- or ex parte at all on the consent agenda, and no changes to th e agenda. Thank you. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Let's see. The only disclosure I have is on 17F on the summary agenda. On the Bay House Campus Commercial Planned Unit Development, I had some meetings with the owner and the representative, and then I had a call recently with the owner. I would just like to mention on -- maybe the manager can help me on this. There's an item, I believe it's on the consent October 27, 2020 Page 5 agenda, relating to the CAC. MR. OCHS: Yes, sir. That's Item 16A6. COMMISSIONER SOLIS: 16A6, sorry. I didn't bring my note and -- relates to some recommendations from the Coastal Advisory Committee. And I'd just like to ask, if I can get a consensus, to ask staff to bring that back, say, on our -- one of our first meetings in January, beginning of the year to discuss. Those recommendations have to do with trying to improve water quality and that sort of thing. CHAIRMAN SAUNDERS: Let me ask a question, if I might. The agenda item is just directing staff to review that. COMMISSIONER SOLIS: Right. CHAIRMAN SAUNDERS: We can have them review that and put it on our agenda. COMMISSIONER SOLIS: Right. That's all I'm asking is that once they review it, to bring it back in January so we can have a discussion. CHAIRMAN SAUNDERS: Okay. So we're not taking that off the consent agenda? COMMISSIONER SOLIS: No, no. I didn't want to take it off. I just wanted to see if we can get that back to us sooner rather than later. CHAIRMAN SAUNDERS: Mr. Ochs, any problem with that? MR. OCHS: No, sir. We're happy to have that back to you no later than the second meeting in January. COMMISSIONER SOLIS: Okay. That's fine. Thank you. CHAIRMAN SAUNDERS: All right. COMMISSIONER SOLIS: Other than that, I have no other disclosures or changes. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yeah. No disclosures on the October 27, 2020 Page 6 consent nor the summary agenda. CHAIRMAN SAUNDERS: Okay. I have no changes and no ex parte disclosures as well. Commissioner McDaniel? COMMISSIONER McDANIEL: I'm ready now. CHAIRMAN SAUNDERS: Okay. COMMISSIONER McDANIEL: And it was a lot of fuss for nothing. I don't have any adjustments or disclosures except for one abstention on C6, just in an abundance of caution. I'm on the board of Goodwill, and we're entering into an arrangement with them, and so I'm abstaining from voting on C6. CHAIRMAN SAUNDERS: Okay. That's Agenda Item 16C6? COMMISSIONER McDANIEL: Completely in support of it. I just -- COMMISSIONER TAYLOR: 16, consent agenda. 16C6. COMMISSIONER McDANIEL: C6, 16C6. COMMISSIONER TAYLOR: Okay. Good. CHAIRMAN SAUNDERS: All right. So you're abstaining from that? COMMISSIONER McDANIEL: Yes. CHAIRMAN SAUNDERS: If there are no changes, Mr. Klatzkow, do you have any? MR. KLATZKOW: No, sir. CHAIRMAN SAUNDERS: I generally ask the Clerk if she has any. I assume that you do not. MS. KINZEL: No. CHAIRMAN SAUNDERS: All right. Then we're ready for a motion on the consent agenda. COMMISSIONER McDANIEL: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: We have a motion and a second. October 27, 2020 Page 7 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. October 27, 2020 Page 8 Item #3D EMPLOYEE OF THE MONTH - RECOGNIZING MONA VEGA – LIBRARY DIVISION Mr. Ochs, I think we're down to the Employee of the Month. MR. OCHS: That's correct, sir. This is Item 16F3 on your consent agenda this morning. It's a recommendation to recognize Mona Vega, Public Services Library Division, as the September 2020 Employee of the Month. Mona is a Library Assistant at the Golden Gate library branch and has been with the county since 2000. During the early stages of the pandemic, departments were authorized to consider alternate assignments for people whose positions were affected by closures. EMS requested help in their supply warehouse, and Mona volunteered. She reported to the EMS supply team, bringing the warehouse team to a total of three. The warehouse handles all the uniforms and ambulance controlled and noncontrolled supplies supplying all 25 EMS and fire stations occupied by EMS units. Mona has been employed with the county for over 20 years, but had no background in the EMS world. Her lack of EMS knowledge was only temporary. The EMS supply team introduced her to the organizational flow, and she embraced the new knowledge and quickly made herself a valuable and contributing member of their team. Mona learned to operate the EMS online inventory system to approve and poll station supply orders daily. She boxed up orders, labeled them, and loaded them in the supply van. She also assisted in tracking expired medications that get sent to the reverse distributor, including maintaining the spreadsheets, pricing, and quantities. October 27, 2020 Page 9 Unexpectedly, both EMS supply team members were out sick on the same day, and Mona rose to the challenge by handling the daily activities of the warehouse by herself just like an old pro. The EMS supply team is so grateful to have been blessed with Mona's assignment to their department and her incredibly dedicated service to their team. Mona's made an enormous impact, and it makes her very deserving of this award. Commissioners, it's my honor to recognize Mona Vega from your Library Division as the September 2020 Employee of the Month. Congratulations, Mona. (Applause.) COMMISSIONER FIALA: Too bad we can't see her and give her a big congratulations. That sounds like a wonderful person. MR. OCHS: Yeah, she sure is, Commissioner. Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OF FUTURE AGENDA MR. OCHS: Mr. Chairman, that takes us this morning to Item 7, public comments on general topics not on the current or future addenda. CHAIRMAN SAUNDERS: Just for the information of the Commission, I don't have the little thing that alerts me to when commissioners want to speak, so -- just yet. We're working on getting that fixed. MR. MILLER: I'm working on it, sir. CHAIRMAN SAUNDERS: So, if I miss you, I'm not trying to October 27, 2020 Page 10 ignore you. Just -- I'll try to keep up with everybody. COMMISSIONER FIALA: We must have worn it out. CHAIRMAN SAUNDERS: We've had quite a few speakers, so it could be. COMMISSIONER TAYLOR: It was the TDC meeting yesterday. COMMISSIONER SOLIS: Very contentious. CHAIRMAN SAUNDERS: Do we have -- under public petitions -- or comments. I'm sorry. No. 7. MR. MILLER: Yes, sir, Mr. Chairman. We have a total of five registered speakers, two here in the room and three remote. Your first speaker is Kristina Hauser. She will be followed by Laurie Harris, and then Hyla Crane. CHAIRMAN SAUNDERS: And we limit the speakers to three minutes. MR. MILLER: That's correct, sir, yes. Ms. Hauser, you have three minutes. CHAIRMAN SAUNDERS: Good morning. MS. HAUSER: Thank you. Good morning. This morning I was welcomed here in the lobby by being instructed by your security officers that I'm not allowed to enter the building without a mask. This is the first time I'm encountering this issue in spite of you having your unlawful mandate in place for quite some time now. I don't think that that's the way that you should be treating members of the public that are coming to address this board. So, I hope that you'll address that. Fortunately -- CHAIRMAN SAUNDERS: You are in the building, so... MS. HAUSER: Yes, because fortunately -- CHAIRMAN SAUNDERS: Successfully. MS. HAUSER: Well, what happened was they called the Sheriff on me, and the sheriffs seem to be the only ones in Collier October 27, 2020 Page 11 County, other than the two liberty-loving commissioners, that are operating with any common sense these days, and they permitted me -- directed your security to let me in the building. CHAIRMAN SAUNDERS: Congratulations on getting in. MS. HAUSER: No thanks to you. So, what I'm here to talk about is the illegal mask mandate, as I'm sure you can guess. Last time we were here, on Thursday, you purportedly enacted a new order, but it's interesting because you advertised the meeting to be for consideration of an extension of the prior order, and you never actually advertised a new order. In fact, after the public comment had concluded, I watched you di stribute the order that you and the County Attorney drafted to your fellow commissioners. So, apparently, they didn't even have it beforehand. So, you never actually held a public hearing or heard public comment on that revised order. And pursuant to Section 2-36 of your Code of Ordinances, there shall be an official agenda for each meeting of the board which shall determine the order of business conducted at the meeting. The board shall not take action upon any matter, proposal, report, or item of business not listed upon the official agenda. I have your agenda from the last meeting here, and it says, special meeting to consider extending the emergency/executive order of the Board of County Commissioners. So, as I stated, since that was not advertised, that was not on the agenda, that order is, in fact, illegal, null and void, and I hope that no business in the county will try to enforce it. In addition, the same section of the code, 2-36, says that prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documentation, information, and materials will not be October 27, 2020 Page 12 accepted by the Board following publication of the agenda unless offered by a commissioner or the County Manager. Should additional documents, information, and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future board meeting or waive this requirement and hear the matter if it determines the agenda item is of significant public importance. There was never this discussion amongst the Board so, therefore, once again, it's illegal. Also -- I wish I had more time -- at the last meeting you stated that you would give additional time to medical expert s presenting information contrary to that presented by your board of health; however, you only stated that at the beginning of the meeting, so that didn't give an opportunity for any medical experts to attend or to be present. So, when you hopefully will hold this second public hearing, you should make that announcement in advance to give them that opportunity. CHAIRMAN SAUNDERS: Your time is up. Thank you. MR. MILLER: Your next speaker is Laurie Harris. She will be followed by Hyla Crane and then Steven Bracci. Ms. Harris, you have three minutes. MS. HARRIS: Thank you. Good morning, Commissioners. Sadly, you chose to extend your illegal mandate for six months. I assume that's only because you didn't want to deal with the public in three months. So, since it's six months, this disease must be much more infectious and deadly than we've been previously led to believe. I sent you all an email cc'ing Commissioner Fiala and McDaniel because, God bless them for their liberty-loving ways. For the rest of you tyrants, you must know that this mandate -- the virus is much more infectious than we've been made aware of. Why else would October 27, 2020 Page 13 you extend the mask mandate? I'm sorry, face covering. Face covering. It doesn't have to be a mask. It could be a face covering. Any face covering. And when any face covering will do, it's no longer about my health. It's about my obedience, and I will not be obedient to an illegal face covering. So now that we have these illegal face coverings, infected, used face coverings, how do you intend for us to dispose of them? Clearly, they are now a medical biohazard and should be treated as medical waste. So, do we keep them at home in a plastic bag and then take them to a drop-off facility? Maybe one at urgent care places or the hospitals. You know, those red, medical biohazard waste containers. Will they be set up all over Collier County? What about the ones that are now discarded in the parking lots? On the beach? I see them everywhere. I can't come within six feet of it because it's infected with the virus. So, what is the plan for sanitation cleanup? Will there be a special task force created? Training? Who's going to pick up these biohazard waste infected mask -- face coverings? And, finally, what will be the fines if we don't dispose of our face coverings properly? Will they escalate? So, what is the plan? I would like to know what the plan is to discard of these infected, highest, deadliest virus we've ever known in our whole lives that any face covering will do. I want to know what the plan is to address the disposal of these masks. Where we go one, we go all. MR. MILLER: Your next speaker is Hyla Crane. We have Steven Bracci also registered online to speak after her. We don't have him online right now. I'm going to continue to check on that. But, Ms. Crane, are you with us online? Hyla Crane, are you with us, ma'am? October 27, 2020 Page 14 MS. CRANE: Yeah, I am, I am, but I need to be moved to, I believe it's 11G. It has to do with the -- MR. MILLER: Thank you, ma'am. We'll take care of it. MS. CRANE: Thank you, sir. MR. MILLER: And we don't have Mr. Bracci on the line right now, so that's all the registered speakers we have for Item 7, sir. CHAIRMAN SAUNDERS: All right. If there are no other registered speakers, then we'll move on to Item 9A. Mr. Ochs. MR. OCHS: Yes, sir. 9A was continued, Mr. Chairman, so we're moving on to Items 9B and 9C, which are companion items, and they'll be heard together and voted on separately. Let me read both titles, sir. Item #9B ORDINANCE 2020-38: AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE URBAN MIXED USE ACTIVITY CENTER #7 TO ALLOW UP TO 265 MULTI-FAMILY RESIDENTIAL RENTAL DWELLING UNITS IN THE HAMMOCK PARK MIXED-USE PLANNED UNIT DEVELOPMENT IN ADDITION TO COMMERCIAL DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13± ACRES – ADOPTED October 27, 2020 Page 15 Item #9C ORDINANCE 2020-39: AMENDING ORDINANCE NUMBER 07- 30, THE HAMMOCK PARK COMMERCE CENTRE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), TO ALLOW UP TO 265 MULTI-FAMILY RENTAL DWELLING UNITS PLUS 80,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AS AN ALTERNATIVE TO 160,000 SQUARE FEET OF RETAIL AND OFFICE CURRENTLY ALLOWED; BY CHANGING THE NAME OF THE CPUD FROM HAMMOCK PARK COMMERCE CENTRE TO THE HAMMOCK PARK MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD); BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13± ACRES; AND BY PROVIDING AN EFFECTIVE DATE – ADOPTED MR. OCHS: Item 9B is a recommendation to approve an ordinance amending the Collier County Growth Management Plan specifically to amend the urban mixed-use Activity Center No. 7 to allow up to 265 multifamily residential dwelling units in the Hammock Park Mixed-Use Planned Unit Development in addition to commercial development and, furthermore, directing transmittal of the adoption amendment to the Florida Department of Economic Opportunity. The companion item, 9C, requires that ex parte disclosure be October 27, 2020 Page 16 provided by commission members, and all participants are required to be sworn in. And this is a recommendation to approve an ordinance amending the Hammock Park Commerce Center Commercial Planned Unit Development to allow up to 265 multifamily residential dwelling units plus 80,000 square feet of commercial development as an alternative to the 160,000 square feet of retail and office currently allowed. And this subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier Boulevard. CHAIRMAN SAUNDERS: Let's do our ex parte information, and then we'll also swear in the witnesses. We'll start with Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Meeting, emails, and phone calls. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Same; meetings, emails, and phone calls. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Meeting with Mr. Yovanovich. CHAIRMAN SAUNDERS: And, Commissioner Fiala. COMMISSIONER FIALA: Meetings and emails, but I also met with Rich Yovanovich and also David Torres a couple times. CHAIRMAN SAUNDERS: All right. I had the same communications. I met or spoke over the phone with Mr. Yovanovich and had emails and other correspondence. Let's go ahead and swear in the witnesses, and we'll hear testimony on both these items at the same time. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: Good morning, Mr. Yovanovich. MR. YOVANOVICH: I think where we left off the last time was, we had finished the public hearing, and there was discussion October 27, 2020 Page 17 amongst the commissioners about commercial square footage in the area and restaurant space. So, since that time, we had an opportunity to meet with Commissioner Fiala to further address her long-standing desire to bring restaurants to this area of Collier County and District 1 in East Naples. And there was some questions about the amount of commercial space available and future commercial space that could occur and the concern about giving up approximately 140,000 square feet of potential retail and office. We had previously committed to providing a 5,000-square-foot quality sit-down restaurant as part of the project, but we had not committed to the timing of when that restaurant would occur. We have provided a condition that would require that basically the first certificate of occupancy for the project, before we can get any of the residential units, we would have to have in place a quality sit-down restaurant to serve the immediate vicinity. Frankly, our hope is that this will actually be a catalyst to other restaurants coming to the area because, as most of you know, most of the national restaurants have numbers. It's purely a number game for them. They don't really know the community. So, our client has committed to invest in making sure a restaurant comes to this area first. So that's the condition that's been added. Just from an overall how much retail is already in the area, how much potential retail can be in the area, even if you gave up these 140,000 square feet, there's already, within the five -mile radius of this piece of property, 3.9 million square feet retail. There's also another 500 acres that would be eligible for retail. That would yield approximately another 3 point -- 3,775,000 square feet. In the next five years, the projected demand for retail in the area is approximately 323,000 square feet. So, the conversion of these acres to an apartment complex is not October 27, 2020 Page 18 going to be a deterrent to future retail coming to the area. And as I pointed out in the last meeting, we have, right across the street on Rattlesnake, you know, a little less than 40 acres already programmed for almost 600,000 square feet of retail and office. So, with that, I'm hopeful that we have satisfied the concerns that were raised during the commissioner discussion. Obviously, the whole team is here to answer any questions you may have, but we're hopeful that you can follow the Planning Commission's recommendation of approval for both items as well as your staff's recommendation of approval for both items. CHAIRMAN SAUNDERS: All right. Commissioner Fiala. COMMISSIONER FIALA: Oh, thank you. Yes. I've been working closely with these gentlemen because we are -- as staff will tell you, we are very, very low on any commercial properties in this area, and that doesn't only mean restaurants. MR. YOVANOVICH: Right. COMMISSIONER FIALA: We actually shop, too. But, anyway, so I've been working closely, and because Mr. Torres owns most of the commercial land in this area, but he also builds apartment buildings, and he prefers to build apartment buildings, I was kind of talking with them and kind of pleading with them to tell them how much we need commercial but not more storage units. You know, that's commercial, too, isn't it? So, you have to be selective in that. Anyway, we've worked together well. They did guarantee that they would build a restaurant, and I said, not another drive-through because they're not going to work in that area as they've begun to notice. And so, they did and they even gave the allowance that they would get their CO before they even start to build the apartments. And he said he wasn't going to convert any more of the -- of his commercial land to more apartments because he recognizes the need for this. October 27, 2020 Page 19 And so, with that I'll make a motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: We're taking a look at 9B and 9C. So, the motion is to approve both 9B and 9C? COMMISSIONER FIALA: Yes. CHAIRMAN SAUNDERS: And there is a second. COMMISSIONER TAYLOR: May I just speak? CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: I didn't support this initially, but I will support it now. But it's my understanding that the importance of following a plan of activity centers which allot commercial is critical as we go forward. I understand the market is hot for residential right now, but I think it is critically important that we put land aside for commercial development. I'm very relieved to know there's 40 acres for office development right there, but it kind of absolves you of this at this point, and I will support it. But going forward, I think there is consensus up here that commercial is critical for our future here. And I respect the developer's need to follow the market, but we also need to follow the plan. Thank you very much. CHAIRMAN SAUNDERS: Commissioner McDaniel, you had a question. COMMISSIONER McDANIEL: I do. And maybe it's for staff, or I can ask you. Did anybody apply -- did anybody apply the CIGM to this particular area with regard to that? Because that's -- no. Okay. Because that's an important aspect, a tool we have to be able to make determinations of population/density and then the needs to support that population and density. MS. JENKINS: Good morning, Commissioners. Anita Jenkins, your interim director. We did not apply the CIGM to this project. This project has October 27, 2020 Page 20 been in the process under review prior to the completion of the CIGM. So at that time we did not have the CIGM to review this particular area. COMMISSIONER McDANIEL: If I could ask, as we go forward, when these conversions come about -- that model is an amazing tool that we can use to make determinations as to what the needs of the community are. It tells us a lot of things, where commercial can be dispersed throughout the community and infrastructure and such. So, obviously, I'm in support of the project, but we have a tool that can actually help us make these decisions. MS. JENKINS: And, Commissioner, I'm going to show you on the next one how we did use that. COMMISSIONER McDANIEL: Yes. And we're going to have a chat about that on the next one. CHAIRMAN SAUNDERS: All right. We have a motion and second to approve Items 9B and 9C. I assume, Mr. Klatzkow, that the single motion will be acceptable. Any further questions or comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Seeing none, 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. YOVANOVICH: Thank you. October 27, 2020 Page 21 COMMISSIONER McDANIEL: Mr. Chair? CHAIRMAN SAUNDERS: Yes, sir. COMMISSIONER McDANIEL: I got an email from Mr. Bracci who said he was on the line, and -- CHAIRMAN SAUNDERS: Okay. COMMISSIONER McDANIEL: -- for some reason we – Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA – CONTINUED CHAIRMAN SAUNDERS: Let's revert back to public comment. We'll go back to that. If you could get Mr. Bracci on the line. MR. MILLER: Yes, sir. I was just going to alert you to that. We have fixed our issue, and we have Mr. Bracci available. Mr. Bracci, are you online with us, please, sir? MR. BRACCI: Yes, I am. Apparently, you guys will stop at nothing to avoid the truth. At the October 22 special meeting regarding masks, Chair Saunders falsely represented that the meeting was a regular meeting. No, it was a special meeting to address the expiring emergency mask order. Why did Chair Saunders make this false representation? Because the county is becoming ensnared in its own tangled web of procedural deception. Florida Statutes provide that you cannot use an emergency order to circumvent the four-fifths supermajority vote requirement to enact an emergency ordinance, but the Board did so anyway on July 21. Florida Statutes also provides that an emergency order cannot be October 27, 2020 Page 22 renewed, but the Board did so anyway on September 3 to keep us in masks. Florida Statutes also provide that an emergency order cannot last longer than 90 days, but on October 22, the 93rd day of the emergency order, the Board renewed it for six more months. How did they pull it off? First, the Board chair gleefully jumped on Commissioner Fiala's suggestion that the emergency order simply be allowed to expire. The Chair, in his infinite legal wisdom, rationalized that if the order can lapse and then an almost identical order is entered into a few minutes later, then it is a new order and not a continuation of the same order. But this legal sophistry does not hold water. Florida Statutes provide that you cannot have an extension of an emergency order on the same subject matter without engaging in full rule-making. Does Commissioner Saunders really think that the legislature is stupid or that he is so smart? On October 22, County Attorney Klatzkow was asked if the revised order was an emergency order. He stated that it is not an emergency order but rather a natural continuation of a prior order. To further his point, he removed the term "emergency" from the title as though we are all too stupid to see that it's still the same emergency order. Why did Mr. Klatzkow make that assertion that it's no longer an emergency order? Because they know that an emergency order cannot be renewed or last more than 90 days. Not a single one of you commissioners asked the County Attorney the next logical question: If it's not an ordinance and it's not an emergency order, then what the hell is it, and what statute allows you to enact it? Mr. Klatzkow refuses to answer that. He simply falls back on loose claims of police power. But a county board police power is October 27, 2020 Page 23 not unfettered. It remains subject to the Florida legislature including the procedural requirements that I have described. On October 22, did anyone from the public even see a copy of the proposed revised mask order before they voted on it? No, they did not. This is how little Chair Saunders and his cohorts, Commissioner Solis and Taylor, think of the public. We were not even entitled to see the proposed order that would keep us in masks for another six months. The Saunders regime, backed by Commissioners Solis and Taylor and the County Attorney, continue to run roughshod over the procedural requirements designed to protect the Collier County citizenry. To them, the ends justify the means. This is perhaps the greatest threat to freedom imposed upon this citizenry since this county's inception in 1923. Thank you. CHAIRMAN SAUNDERS: All right. We'll move on. Mr. Ochs? MR. OCHS: Yes, sir. Item #9D RESOLUTION 2020-197: SINGLE PETITION WITHIN THE 2018 CYCLE TWO OF GROWTH MANAGEMENT PLAN AMENDMENTS FOR AN AMENDMENT SPECIFICALLY PROPOSED TO THE GOLDEN GATE AREA MASTER PLAN (GGAMP) RURAL GOLDEN GATE ESTATES SUB-ELEMENT TO ESTABLISH THE IMMOKALEE ROAD - ESTATES COMMERCIAL SUBDISTRICT FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW AND COMMENTS RESPONSE – ADOPTED October 27, 2020 Page 24 MR. OCHS: We move on to Item 9D. This is a recommendation to approve by resolution a Growth Management Plan amendment specifically amending the Golden Gate Area Master Plan to establish the Immokalee Road Estates Commercial Subdistrict for transmittal to the Florida Department of Economic Opportunity for review and comment. Again, Commissioners, this is a transmittal hearing. CHAIRMAN SAUNDERS: Good morning. MR. DAVIES: Thank you, Mr. Chairman. Good morning, Commissioners. COMMISSIONER TAYLOR: Good morning. MR. DAVIES: Noel Davies on behalf of the petitioner, an affiliate entity of the Barron Collier Companies. The project team is here with me today. Austin Howell is here from Barron Collier; Wayne Arnold is our Professional Planner from Q. Grady Minor & Associates; Norm Trebilcock is here from Trebilcock Consulting Solutions, our Traffic Engineer; Bruce Layman, with Peninsula Engineering, is our ecologist; and Russ Weyer, with Real Estate Econometrics, is our economist. This, as Mr. Ochs mentioned, is the transmittal hearing for the large-scale Growth Management Plan. We do have a companion PUD which is pending, but that is not before you today. We are located immediately adjacent to the north of the county-owned Randall Curve property. This here where the cursor is the Randall Curve property. The subject assemblage, approximately 20 acres, is comprised of these four parcels immediately to the north. This is our proposed master plan. Access to the site will be at the existing signal at Orangetree Boulevard. We are proposing an interconnection with our neighbor immediately to the north and also an interconnection with our neighbor immediately to the south, the October 27, 2020 Page 25 county-owned property. We did hold a neighborhood information meeting. There were some comments from the residents that live here on Fourth Street Northeast relating to access on Fourth Street. We have accommodated those concerns by eliminating any access from Fourth Street. The only access will be from Immokalee Road. And this finger parcel here, which is the only parcel that immediately abuts Fourth Street, this area has been designated for water management and preserve purposes only. There were no public speakers at the Collier County Planning Commission meeting, and your Planning Commission issued a unanimous recommendation of approval. There is one caveat to that recommendation which, frankly, is the reason that we are here today on your main agenda and not on your summary agenda, and that's 20,000 square feet. That's why we're here this morning. Your Planning Commission recommended transmittal to the state at 180,000 square feet, and we are requesting the 200,000 square feet. So that difference, 20,000. Barron Collier did commission the requisite market data and analysis. Mr. Weyer did that, from Real Estate Econometrics, and we believe that analysis supports the request for 200,000. That concludes my brief presentation. I will turn the floor back to you, Mr. Chairman. Thank you. CHAIRMAN SAUNDERS: All right. Are there any questions or comments from the Commission? Commissioner Taylor. COMMISSIONER TAYLOR: We had a discussion yesterday. Do you have any visuals of what 20,000 square feet represent? MR. DAVIES: So a representative example is a CVS or a Walgreens. I believe that's between 15- and 18,000 square feet. So just a little more than that. COMMISSIONER TAYLOR: Thank you. That's enough. October 27, 2020 Page 26 Thank you. CHAIRMAN SAUNDERS: All right. Any other questions or comments from the Commission? COMMISSIONER McDANIEL: I have a few, but -- CHAIRMAN SAUNDERS: We do have some public comment, so we can -- COMMISSIONER McDANIEL: I was going to say, we can wait till after the public comment, and then I'll go. MR. MILLER: Mr. Chairman, I have one registered speaker, Mike Ramsey. He was just here. Michael Ramsey. COMMISSIONER McDANIEL: He's out in the hall. MR. MILLER: I knew if I said it loud enough. You have three minutes, sir. MR. RAMSEY: Good morning, Commissioners. My name's Michael Ramsey. I'm the president of the Golden Gate Estates Area Civic Association. As you see, I've already sent you a letter. We were outlining what we think is necessary for this with the residents of Fourth Street Northeast. We are a residential subdivision. The lots up and down Fourth Street should be considered residential for single-family homes. The one lot that I showed out on Fourth Street, the residents have indicated and my group feels like this should not be used for commercial retail activity, should not be used for any kind of access. It does list in your amendment that it should be used for employees. We disagree with that, too. It should be closed off from any kind of access, ingress and egress that relates to this operation. We do feel like it could be used for a preserve or water retention/detention which would keep it in a somewhat natural format. In further discussions with the residents on Fourth Street October 27, 2020 Page 27 Northeast, they would actually like you to consider not rezoning it. I'm not going there yet. I'm going to listen to the residents. So our recommendation is it can support proposed activity but ingress or agrees or access from Fourth Street. Thank you. COMMISSIONER McDANIEL: Before you go, Michael. There was a discussion about emergency access out in the event of a hurricane, tornado, natural disaster; a gated access out. MR. RAMSEY: As I listed in my letter to you, if we got -- if we need emergency access, we would agree that it should be gated with only keys for an emergency vehicle or those issues. COMMISSIONER McDANIEL: We can look into that between now and the actual adoption process. But it was a discussion that I had with staff yesterday. MR. RAMSEY: We understand that issue, but we don't agree with any kind of access, ingress/agrees for the business. COMMISSIONER McDANIEL: Got it. Thank you. MR. RAMSEY: Thank you. CHAIRMAN SAUNDERS: Is there a -- if you do, which I understand is, at this point, contingent upon the next phase, get -- access this -- MR. DAVIES: Yes, ma'am. COMMISSIONER TAYLOR: -- interconnection from one parcel to the other, would that not suffice for emergency exit? Because I'm understanding this -- I'm looking at it as almost a T if you could visually put this piece up here. MR. DAVIES: Sure. COMMISSIONER TAYLOR: That is dedicated to water issues; is that correct? Yes, water management. So that's not going to be -- that's not going to have any kind of -- been able to use any kind of transport over it, correct? October 27, 2020 Page 28 MR. DAVIES: Correct, correct. COMMISSIONER TAYLOR: And so if you use these exits on -- going north and south, wouldn't that suffice for emergency exit? MR. DAVIES: I believe it would suffice, yes, Commissioner. And, again, today is the transmittal hearing for the GMPA. So the PUD is still in. And to the extent that staff's recommending emergency access -- I mean, just to clarify the record, there is no ingress and egress off of Fourth Street. COMMISSIONER TAYLOR: Okay. CHAIRMAN SAUNDERS: All right. Mr. Casalanguida, you and I had had a conversation, so I want you to indicate some of the issues that you had. MR. CASALANGUIDA: Sure. And I think it's an opportunity, sir, thank you. Noel, I think we'd talked about making sure, before this petition comes back for adoption, that there's an interconnection agreement completed and, you know, signed by both parties. MR. DAVIES: Yes, sir. MR. CASALANGUIDA: If we put that on the record, I think the board members we've all spoken to will be a lot more comfortable. MR. OCHS: The abutting property. MR. CASALANGUIDA: To the south. MR. DAVIES: Yes, sir. And I believe that my client is working through the detail -- the specific details of that agreement. But with respect to committing today to enter into that agreement prior to the second hearing, the adoption hearing with the companion item for the PUD, that's agreeable, certainly. MR. CASALANGUIDA: Perfect. CHAIRMAN SAUNDERS: Do we have any further public comment? October 27, 2020 Page 29 MR. MILLER: No, sir. That was my only speaker for this item. CHAIRMAN SAUNDERS: I do have this device back here. So if Commissioners have comments, just push your button. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Let's talk about the -- well, first off, thank you. It was one of my notes, Mr. Casalanguida, with regard to the signed cross-access agreement with the property to the south. MR. DAVIES: Yes, sir. COMMISSIONER McDANIEL: It has to happen in writing before we adopt this project. There was some discussion about an emergency access. And I understand that there's a lot of accesses coming and going, but you just never know from an emergency perspective what, in fact, could transpire, and that might be, again, gated and certainly never allowed to -- one of the things we want to protect is Fourth Street and the residents that are over there. They all know that this has been a long time coming, that this is going to be a commercial piece of property. But if it can be facilitated, I'd like to explore it, but we don't have to -- I'm not stomping -- I'm not stomping on that today. I'd like to get to the larger looming issue, and that is the Planning Commission's recommendation of 180,000 square feet and your request for 20- -- or 200,000 and that 20,000 spread. MR. DAVIES: Yes. COMMISSIONER McDANIEL: So why do you rationalize it, and why is staff and the Planning Commission saying hold at 180-? MR. DAVIES: Sure. So excellent question. First of all, a bit about Mr. Weyer, who is here today. But I can summarize his analysis. You know, Mr. Weyer, with Real Estate Econometrics, October 27, 2020 Page 30 prepares these types of market analyses that you all have as a requirement for your Comp Plan amendments. This is a very specific detailed and nuanced analysis that applies to this specific site. Yes -- and, you know, I was watching the discussion on the last item with respect to your county interactive growth model. You know, that is certainly a very reliable metric, a very reliable system. I'm not trying to cast doubt at that system today. The distinguishing factor, in my opinion, really, is that this is -- this is another layer of analysis. So, respectfully, if the interactive growth model was the end-all, be-all for this specific site or a specific site, I don't think there would be a requirement or a need, frankly, for a private sector market analysis. And so the thinking on that specific difference, Commissioner, is that there are -- there are additional nuances and details that Mr. Weyer provided in his analysis that go above and beyond the county model as far as specifics to this precise area and the surrounding -- the tighter surrounding geographic area, and that is -- that is the basis for our position that the requisite data and analysis through Mr. Weyer's report has been -- has been provided in compliance with your Comp Plan requirements for amendments. COMMISSIONER McDANIEL: Okay. Now I have a question for staff. MR. DAVIES: Yes. COMMISSIONER McDANIEL: Does staff have a report on this or -- MS. JENKINS: Yes. COMMISSIONER McDANIEL: Okay. MS. JENKINS: Bear with me for just a moment. CHAIRMAN SAUNDERS: And, Mr. McDaniel, as she's preparing, do you want to hear from Mr. Weyer on that analysis? October 27, 2020 Page 31 COMMISSIONER McDANIEL: No, no. I'm okay with that, unless somebody else wants to hear from him. I'm fine with that analysis. MS. JENKINS: Troy, can you help me get this full screen. I'm not seeing the little "full screen" thing down here. Thank you. Good morning, again. Anita Jenkins. Let me take this off. I was accused of mumbling with my mask. We don't want to do that. Staff is recommending approval of the Immokalee commercial subdistrict, and we are requesting to limit the commercial to 180,000 square feet and also provide for the interconnections in the future, both north and south. A little bit more on the recommendation for 180,000 square feet. We did use the CIGM to analyze this property. And the graphic that you're seeing here is what we utilize from the petitioner in their 15-minute drive. So just to orient you to this, the little yellow circle in the middle is the proposed subject site, and then the yellow outline is the 15-minute drive. And they're capturing all the roads, and that's why you see all the little squiggles. You can also see that this captures nearly all of Golden Gate Estates north in the rural area. So this goes -- you can see the lakes at the bottom. You can see at the very bottom almost Golden Gate City down there. So you're going down to Golden Gate Boulevard and then all the way west of 951 for this 15-minute drive in analyzing this area. So what we found in the CIGM, that it identifies approximately 69,000 people in this area at this time, and there is 1.6, almost 1.7 million square feet of available commercial that is built and vacant at this time in that area, and the CIGM captures that. COMMISSIONER McDANIEL: Built? MS. JENKINS: Built and vacant, yes. October 27, 2020 Page 32 So we use the CIGM in five-year increments. So we can analyze every five years what the projected population is going to be in any given area, and then based on the CIGM and that relationship between commercial need and population, we can determine what the overall need would be in the future. So when we analyzed this out to 2040, we see that population growing to over 100,000 people in this specific area of this 15-minute drive, and we also see that to support that 100,000 population, we need additional commercial uses. These commercial uses are analyzed based on community commercial, which is different than regional commercial. And this is what the petitioner is asking for, community commercial uses. Very specific list that we went through with the petitioner, and we agreed with the list of uses that they have. The CIGM told us then that to support that population with those uses we need an additional 178,000 square feet in this location for this population. So that's where we came up -- the staff came up with a number of 178,000. The Planning Commission made a recommendation to approve the petition with the interconnections, also eliminating the access to Fourth Street, and rounding it up to 180,000 square feet. Also for your benefit, we are underway in a study that you directed from the Golden Gate Area Master Plan for the Rural Estates to study the area between Oil Well Road and Wilson, and the differences in the transportation system that has undergone some transformations and planning studies out there, we want to see how the land uses and the transportation system are lining up now. That study is underway, and so we're going to bring that back to you at some point to make recommendations on changes -- further changes to the land use in that area. But at this time the CIGM directs staff to approximately 180,000 square feet for this particular location with these particular community commercial uses. October 27, 2020 Page 33 CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'm quite familiar with the model, and I'm not familiar with this level of specificity for a particular tract of land. And I'm wondering -- my question to you is really quite simple, and it is, will the site accommodate 200,000 square feet and meet the zoning requisites, side -yard setbacks, buffering, so ons and so forth? MS. JENKINS: Commissioner, this is the transmittal hearing for the Growth Management Plan. They have not brought back the PUD. But if 200,000 square feet were approved, then they would have to design the project to meet that requirement. COMMISSIONER McDANIEL: So we don't know yet until we actually see what they're going to put and where they're going to put it. MS. JENKINS: Sure. COMMISSIONER McDANIEL: Okay. MS. JENKINS: And this is transmittal. COMMISSIONER McDANIEL: I understand. I'm quite aware of where we're at. I just was -- I was -- I'm just curious at this stage where the spare is for an extra 20,000 square feet, and the specificity of the model, in my personal opinion, is not that site specific. It goes with a ring of a geographic area and an estimation of population and the needs that are associated with that and to zero back on one particular site with a 10 percent plus/minus on the request and our recommendations and/or support, I think, is a min ute premature. I also know -- I'm inclined to approve the project and transmit as submitted at this particular stage. And then, do you have any idea when we're going to have this study done with regard to the infrastructure and the road system and so on and so forth? MS. JENKINS: Yes. It will be coming back within the next October 27, 2020 Page 34 six months. COMMISSIONER McDANIEL: Okay. All right. Thank you. CHAIRMAN SAUNDERS: All right. I have no particular objection to approving this as requested by the petitioner, but when this does come back, I'm going to have to have a good reason to vote for the additional 20,000 versus the 180,000 that our CIGM would indicate. So I'm going to need some real analysis on that. At that point, Mr. Weyer will have to convince us, or at least convince me. COMMISSIONER McDANIEL: I'll make a motion for approval as applied for. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Any further discussion on the motion? (No response.) CHAIRMAN SAUNDERS: And I assume we have no other speakers that have come up. MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. 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: All right. That passes unanimously. MR. DAVIES: Thank you, Mr. Chairman. Thank you, Commissioners. October 27, 2020 Page 35 CHAIRMAN SAUNDERS: Thank you. We'll move on to Item #11A AWARD AGREEMENT NO. 20-7708, DESIGN-BUILD VETERANS MEMORIAL BOULEVARD EXTENSION, PHASE I (COUNTY PROJECT NUMBER 60198), FOR $10,065,000 TO QUALITY ENTERPRISES USA, INC., AND APPROVE THE NECESSARY BUDGET AMENDMENTS - APPROVED Item #11B AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY PUBLIC SCHOOL DISTRICT FOR CERTAIN COSTS INCURRED IN THE CONSTRUCTION OF THE DESIGN-BUILD VETERANS MEMORIAL BOULEVARD EXTENSION, PHASE I (COUNTY PROJECT NUMBER 60198) FOR INFRASTRUCTURE AND IMPROVEMENTS, BENEFITING HIGH SCHOOL GGG AND VETERANS MEMORIAL ELEMENTARY SCHOOL; IN THE AMOUNT OF $1,382,720 – APPROVED MR. OCHS: Yes, sir. Items 11A and 11B are companion items. We can take these separately for a vote. Item 11A is a recommendation to award a contract for the design-build of the Veterans Memorial Boulevard Extension Phase 1 to Quality Enterprises USA, Incorporated, in the amount of $10,065,000, and approve the necessary budget amendments. Mr. Chairman, I'll read 11B as well, and that is a recommendation to approve and authorize the Chairman to sign an interlocal agreement with the Collier County Public School District for certain costs incurred in the construction of the design -build of October 27, 2020 Page 36 the Veterans Memorial Boulevard Extension Phase 1. Mr. Ahmad will present. CHAIRMAN SAUNDERS: Good morning. MR. AHMAD: Good morning, Mr. Chairman, Commissioners. For the record, I'm Jay Ahmad, your Transportation Engineering Director. I have a presentation I can present, or if you have any questions. I had the same presentation on -- within agenda item. COMMISSIONER TAYLOR: I would -- CHAIRMAN SAUNDERS: Let's go ahead and have the -- COMMISSIONER TAYLOR: I would really like to hear this. CHAIRMAN SAUNDERS: Yeah. Let's hear the presentation. MR. AHMAD: Okay. This item is -- there are actually two items. The first item is we're bringing an agreement for construction and design of Veterans Memorial. Just give you a location. Veterans Memorial Boulevard is a proposed -- actually some of it exists to the elementary school, Veterans Memorial Elementary School in this area. It extends Veterans Memorial from Livingston all the way to -- Phase 1 to the high school. The proposed high school, of course, is about to open in 2023, in August in the fall of '23. So the need for this roadway became somewhat urgent. It's always -- this project has always been on the Long Range Transportation Plan and lately been on our five-year work program. So take you through the phases of the projects. We have actually two phases, and the reason for that is the school urgency and having to finish this project by -- before the school will open. The first phase just from Livingston to the high school, approximately 1.3 miles, and the second phase, from the high school all the way to U.S. 41. There is a Phase 2A from Old U.S. 41 to U.S. 41 but, essentially, that part will be designed from the school to October 27, 2020 Page 37 U.S. 41 as one project. The last section dashed in green is currently being evaluated for right-of-way and environmental. The complex with Phase 2, of course, is there's a railroad. There's environmental issues in here, and it will take a lot longer to permit and design. Again, Phase 1 is from Livingston to the high school. Phase 2 and 2A takes us to U.S. 41. And the project, as I mentioned, is in the five-years program. What we're building is a four-lane roadway. As you can see on this sketch, an 11-foot lane in each direction, two lanes in each direction, plus a bike lane five foot on each side and 6-foot sidewalks on either side of the roadway. Currently stormwater, there is a large area on the north side will be used for dry detention, and there is a pond being proposed right directly across from the high school that will take all that water from our roadway into that wet pond. The Phase 1, which you are approving the agreement today, with Quality and Q. Grady Minor as a team of design-build. We are -- to accelerate the schedule, we are designing and constructing at the same time, and this methodology we can design and produce a project before the high school. We have today completed a noise abatement study. We got the permit. Essentially no permits required from the U.S. Army Corps of Engineers. We also got permits from South Florida with our in-house and with the help of some consultant sketches. We got permits from South Florida Water Management District. And we went out with a design-build contract with procurement, and you approved the ranking of those three consultants -- or design construction firms earlier, and today we're bringing a contract for construction in the amount of $10,065,000. So the schedule as follows: Today, hopefully we get your approval for this item, and we intend to have a notice to proceed October 27, 2020 Page 38 shortly after our folks from Risk, and contracting, before December, a notice to proceed. There's a design stage phase to start with, and then you'll start constructing shortly after with this team that we have. One of the requirements that we have, essentially, in the interlocal agreement is to have a temporary construction road to the high school, about 30-foot construction road so they can build their high school. By contract we have the substantial completion in April of 2023 and a final by June of 2023 and, of course, those dates are before the school opening of August 2023. A companion item that Leo mentioned is an interlocal agreement. We agreed with the school to build traffic lights that serves the high school and also the elementary school, some turning lanes, and signage and pavement marking, and some utilities. They will pay approximately $1.3 million toward those improvements, and they'll reimburse us about 60 days after they get it approved by the school board, which is -- I think it's on the agenda of November 10th school board meeting. With that, I'm open to any questions. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yes. Thanks, Jay. And first, I'd just like to commend staff for the work that they've been doing with some of the residents along this corridor. There's a couple of neighborhoods. In particular, Imperial Estates there. I know we've spoken with them. When Imperial was approved, there's not much buffering. There's no -- there's no berm, really. There's really nothing abutting or buffering the backside of Imperial and where the road's going to be. And I just want to reiterate that -- and I know you've spoken with them, that the noise mitigation, they didn't meet the very strict guidelines for determining whether or not a wall's required or not required, so there's -- they don't meet that criteria for a sound barrier. October 27, 2020 Page 39 But I'm urging staff to work through the design process for Phase 2 with the neighbors to figure out a way to somehow mi tigate, you know, the proximity of the road to the back of the lots on Imperial, because there's really no bufferi ng or anything. You know, nothing would be approved that way today. I think it was approved so long ago. And I don't even -- when was Imperial approved? I mean, that's been there for decades before I even got to Collier County. COMMISSIONER McDANIEL: At least. COMMISSIONER SOLIS: It's at least 40 years old, I think; maybe 50. COMMISSIONER McDANIEL: I was playing that in the early '80s when I first moved here. COMMISSIONER SOLIS: Yeah. I mean, it's -- so -- and I know -- even looking at how we can assist with potentially even a sound barrier if there was some contribution from Imperial. So I just urge you to continue to do what you're doing through this design process for Phase 2 to see what we can do. I know on the other side -- nobody wants a road close to them, but there is -- I think it's the Mediterra golf course and the maintenance facility. So see what we can do to help the people that back up to Veterans in Imperial, because I think -- you know, they're going to be the most impacted by the road, and I hope that we can find a win-win solution to this for everybody. MR. AHMAD: Thank you, Commissioner. That is -- you're definitely correct. We've been meeting with Imperial and Secoya and all our neighbors, Mediterra on the north, and we are going to continue to meet. We have scheduled public information meeting once we have a designer on board, and some of the issues that they've raised is essentially -- COMMISSIONER SOLIS: Okay. October 27, 2020 Page 40 MR. AHMAD: -- what you described, the noise issues, the maintenance of the canal, and others, and we will be looking at those very closely, and hopefully we can come to an agreement with the folks. COMMISSIONER SOLIS: Okay. Has a neighborhood information meeting been scheduled yet? MR. AHMAD: Tentatively, once we have, in December, a notice to proceed, we will allow the design team to come up with some plans and -- design plans, and January/February time frame that will work with season as well. COMMISSIONER SOLIS: Okay. Well, just please let me know when that's scheduled, and I'd like to put that in my newsletter to make sure everybody knows when that's going to be scheduled. MR. AHMAD: Will do. COMMISSIONER SOLIS: Thank you. That's all I have. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: If you'll go back to the schedule screen that you have; if you'll jump back to that. Is that a complete road, all three phases, or all of the phases, or is this just one -- Phase 1? MR. AHMAD: This is Phase 1 for approximately 1.3 miles. It goes from Livingston to the high school. COMMISSIONER McDANIEL: If you would go back to the map that shows that just so we can delineate. This is just for -- this Phase 1 goes, basically, Livingston to the high school now. MR. AHMAD: Correct. COMMISSIONER McDANIEL: Estimate of Phase 2? MR. AHMAD: Phase 2, we have it in our program for 2023. It's essentially about $14 million. There are challenging issues with permitting and the railroad and, of course, the right -of-way closer to U.S. 41. We plan to solicit through procurement a design engineer October 27, 2020 Page 41 not in this design-build process, a regular design, and then so we can iron all these issues with environmental, railroad, right-of-way, condemnation possibly, and 2023 we hope to be in construction for those two sections shown in yellow and green. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. Oh, boy, this has been a long time coming. This is great to be moving forward. Where is the railroad on this map? COMMISSIONER McDANIEL: Over here on Page 2. MR. AHMAD: It's roughly right here. That's the railroad. Right here; I'm sorry. This is the railroad. It's actually not an active railroad. There had been discussion about abandoning this railroad and whether the county can acquire that, so we are -- we are also considering that issue, so that's why this Phase 2 moved to a later date. Hopefully we can make an agreement with the railroad and acquire that right-of-way so we don't have to pay them for very expensive crossing and permitting that they require, a lot of just the fees -- COMMISSIONER FIALA: Good luck to you. MR. AHMAD: -- hundreds of thousands. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Well, it's actually a question for the Chair. I'm just wondering -- I know there was discussions with -- in the Village of Estero and Lee County in terms of acquiring the railroad or -- and returning it into a rails-to-trails kind of amenity for the community. I'm just curious, because it's -- I think if we could do something like that down here, I think it's something we ought to look into as well, because -- well, it is now Goodlette-Frank Road all the way down to the Government Center here to 41, but it seems like October 27, 2020 Page 42 that would be a nice thing to do. If all of it was connected all the way up to Lee County as kind of a greenway, that might -- that might be really nice for that part of town. CHAIRMAN SAUNDERS: Yeah. There's been a great effort in Lee County to acquire the -- attempt to acquire the right-of-way. So why don't we add this as an agenda item for just general discussion just to give some staff some direction, perhaps, in that regard. COMMISSIONER SOLIS: Okay. CHAIRMAN SAUNDERS: That really would be great -- MR. OCHS: Mr. Chairman? CHAIRMAN SAUNDERS: Yes. MR. OCHS: Sorry. I can give you a little more information on that. CHAIRMAN SAUNDERS: Let's -- I'll tell you, let's deal with the two issues. MR. OCHS: Okay. CHAIRMAN SAUNDERS: And then when we finish the votes on the two issues, let's have a discussion on that. Any registered speakers? MR. MILLER: I did have a remote speaker registered, Tom Harruff, but he is not online, and he's still not online, sir. CHAIRMAN SAUNDERS: All right. Any other questions or comments from the Commission? (No response.) CHAIRMAN SAUNDERS: I think we're ready for a motion on Agenda Item 11A. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SOLIS: Move for approval. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. October 27, 2020 Page 43 CHAIRMAN SAUNDERS: We have a motion and a 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. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item 11B. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: We have a motion and second. Do we have any speakers on 11B? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. If there's no further discussion, 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. Then on the rail issue, we can have a discussion on that now, or we can wait until the end of the meeting, whatever is the preferenc e of the Board. October 27, 2020 Page 44 MR. OCHS: I could just bring you up to speed real quickly. CHAIRMAN SAUNDERS: All right. MR. OCHS: I've been working with both the Village of Estero and the City of Bonita Springs in a joint effort that's been facilitated by the Trust for Public Lands to attempt to acquire that railway right-of-way for a multipurpose multimodal potential corridor, and Ms. Scott from our office is working hand in glove with those two communities. So we're already pursuing that, sir. COMMISSIONER SOLIS: Great. Thank you. CHAIRMAN SAUNDERS: All right. Let's move on to Item 11C. Item #11C PHASE 2 APPROPRIATION OF CRF FUNDING TO COLLIER COUNTY AND APPROVE ADDITIONAL ALLOCATIONS TO THE COLLIER CARES PROGRAM FOR DISTRIBUTION OF THE CORONAVIRUS RELIEF FUND (CRF) DUE TO CHANGES IN STATE GUIDANCE – APPROVED MR. OCHS: Yes, sir. Item 11C is a recommendation to accept the Phase 2 appropriation of the Coronavirus Relief Funds to Collier County and approve additional allocations to the Collier CARES Program due to changes in state guidance. Mr. Callahan will make the presentation. MR. CALLAHAN: Good morning, Commissioners. For the record, Sean Callahan, Executive Director of Corporate Business Operations. Today we want to give you an update on where we're at with the Coronavirus Relief Fund, and we're going to be asking for board direction on a couple different things. The first is to approve an October 27, 2020 Page 45 amendment to accept the second 20 percent allocation of funding to us, which amounts to about $13-and-a-half million. We want to talk to you about potential enhancements to that -- to those programs to include first responder reimbursements and then a couple other enhancements that we'd like to move forward to. So just to backtrack a little bit. Under the governor's plan on June 16th, we accepted, in July, a 25 percent allocation as a direct payment when the remainder was going to be reserved for reimbursement requests. We were advised that we could accept an additional 20 percent allocation at the beginning of this month, so that's what we're asking you to approve today. So in total, we're allocated a little bit over $67 million, and accepting that second allocation would give us about $30 million cash on hand. On the right side of this item is a reminder of what are the eligible expenditures that that funding can cover. Back at your July 14th BCC meeting, these were the allocations that were made to the program amounting to that full $67 million. Just as a brief update, on your community and health services, which was that nonprofit community healthcare providers bucket, we have opened for a second round; we were able to fund eight additional applications for a total of about 15.8 million. Along the way, we did have large allocations in that program for NCH Healthcare System and Physicians Regional. Back at the beginning -- on October 9th of this month, they were notified by Health and Human Services that some of the expenditures that they were seeking were actually covered by other CARES Act funding, which would have resulted in a duplication of benefits. We've, in a sense, recovered about $10 million that was allocated for that funding. Child care assistance, you can see we had $5 million allocated there. We've obligated a little under half of that. October 27, 2020 Page 46 Individual assistance and small business assistance are both open currently for second rounds of applications. We've had quite a few in on the individual assistance. We've received 11 on small business after that. After opening for these second rounds, we do think that the initial allocations of those programs are going to be fully subscribed, and then on personal protective equipment, again, we do expect to expend that $5 million on emergency food assistance as well. So this has been quite the project for staff. We've -- we continue to get revised guidance from both the Treasury and FDEM, who's the grantee for the state as we were a pass-through as a county under 5 -- 500,000 people. So we've been provided updated expense documentation deadlines, the first of which is November 16th when we have to have our Phase 2 plan submitted and approved by the state that obligates the funding for both Phase 1 and Phase 2, which is the initial $30 million. And then documentation deadlines are required to be met to enter that Phase 3 reimbursement, which is the remaining 55 percent. December 3rd we've been advised of another deadline, and that is the last day to submit requests for reimbursement, so -- COMMISSIONER TAYLOR: When were you advised of that? MR. CALLAHAN: On October 13th, so about two weeks ago. I think it was during, actually, the board meeting at 1:00 on October 13th. We had a webinar with our team of consultants. The state's actually -- FDEM's brought on a team of consultants to help them administer this program, and that's resulted in some changes on the deadlines. So December 3rd -- CHAIRMAN SAUNDERS: Commissioner Fiala, did you want to ask a question now or wait until he's completed? COMMISSIONER FIALA: I can wait till he's completed. October 27, 2020 Page 47 CHAIRMAN SAUNDERS: Commissioner McDaniel, same? COMMISSIONER McDANIEL: Me as well, yes. CHAIRMAN SAUNDERS: All right. MR. CALLAHAN: December 3rd we've been told that all requests for reimbursement need to be submitted. What that means, we're still unclear. We're actually hoping for some further clarification today at 1:00. We are hoping by December 3rd, if we are still processing individual and small business payments, which we expect to be, that we can submit that list up front of applications that we expect and continue to process those through December 30th. But we've been advised of those deadlines, and we'd like to ask for your consideration in approving some additional enhancements to those programs due to those deadlines, the first of which is expenses for first responders. So that's police, sheriff, EMS, and fire. That's always been an eligible expense under the CRF, and that will help us get to those encumbrances that I mentioned up to the Phase 1 and Phase 2. We expect that there might be about $5 million in expenses that we could cover very easily for both our Sheriff's Department here, our EMS services, and then police and fire both here and out in the municipalities. We'd like your consideration of approving an additional $5,000 grant for hardest hit businesses, so those businesses that are within the accommodation and food services and retail markets that were required to close because of the Governor's additional orders. These would be businesses approved initially for a first round of funding in the first round of applications, that we should be able to easily process, get money out the door, having already had that approval. The third pot is childcare services reimbursements to first responders. So while school was closed, our first responders were required to work. A lot of them incurred childcare expenses. We'd love to be able to reimburse them for that. October 27, 2020 Page 48 And then expanded PP -- personal protective equipment reimbursement to other agencies. So our first responde rs, some of the other agencies, have incurred a lot of expenses for PPE. That all adds up to about $8 and a half million, a little bit more than that. And like I said, we've recovered that back because of the hospitals, unfortunately, having a duplication of benefits issues with some of the funds they had asked for. So with that, that's my presentation today, and -- CHAIRMAN SAUNDERS: We have several questions. MR. CALLAHAN: Sure. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yeah. First of all, I'm glad to hear that you were able to identify where expenses may be needed to be brought together and wherever it wasn't filed correctly or somebody else double filed or whatever it is. I'm worried about the little guys' businesses. I don't know if the, you know, small businesses, do they know how to apply for it? Do they know who to ask questions of? Big businesses, they know how to do that. They even have grant writers and so forth. But the little guys don't even seem to know where to go, or do they have a class or anything to help them? That's the only ones I'm worrying about, you know, the shoe repair shops. MR. CALLAHAN: Sure. So we have an online portal that folks can apply through for small business. We also have a call center to supplement. And any time, if somebody has questions about the application process or a certain requirement, they can call that call center, 311, and those 311 operators will eventually get them to the right person that's working on their application to make any clarifications that might be necessary. In addition to that, the online portal does allow our processors to send you a request. So if you've put in an application and you're October 27, 2020 Page 49 missing a document, we can send a request to DonnaFiala@gmail.com, or whatever your email address is, ma'am, and say, you know, can you contact us? Can you upload your driver's license or whatever it might be that's missing? So on that front, I think we've been fairly successful. We've heard from folks that they're having difficulties with the application process. We've reached out to them as best we can and tried to resolve that. So that's been our efforts on the communications front thus far. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm doing the math, and we've got appropriations and approvals out supposedly for around 51 million, and you've accepted 30-some so far with the second tranche. MR. CALLAHAN: The second tranche would bring us to a little bit over $30 million -- COMMISSIONER McDANIEL: Right. And are we going to have to look at this again to get us to the aggregate of the 67 million? MR. CALLAHAN: I believe we will, sir, and we've got one more board meeting on November 10th -- COMMISSIONER McDANIEL: Right. MR. CALLAHAN: -- that, having approved these, we can give you better update of where we are. We're planning on doing that anyways. COMMISSIONER McDANIEL: Well -- and my concern is -- and I've had several folks call me. Actually, I had a long conversation with Dawn McCavo [sic] over at -- the Executive Director of the Guadalupe Center, and we have had several approvals go out and then they've been rescinded back on their approval, and that's causing a lot of strife. And I -- you know, you're telling me -- or when I was just doing October 27, 2020 Page 50 my quick math over here, I thought I saw 50-some-odd million looking like it could be approved, which people are sitting there thinking they're going to get that money, and we haven't received but 50 percent plus/minus of the aggregate 67 million. I'm not throwing rocks, just so -- and it's a very difficult moving target with the federal government and the state government and a lot of layers of bureaucracy. But I've got concerns that -- with this moving target. It's having a negative impact on our community. I know -- and, certainly, you know, I was in favor of the last time of moving forward with assistance for our first responders and the like. But just, you know, with -- with -- there are a couple of people, when we get comments from folks who have applied, I would like to have some additional assistance offered to them. I have another small business out in Golden Gate Estates. They operate from their home. They're doing it legally. They don't bring customers to their home. They're operating their business, but one of the requisites to be able to apply for a small business assistance is you can't have a home office. And so that -- that makes it -- that makes it a precarious process as well. So I just -- I'm -- I have concerns that we're -- I don't want to ever be accused of running around and picking the low-hanging fruit. I want to make sure we have, as a board, guided staff. And I know senior staff and I had a conversation yesterday. We almost move into a fear factor of a claw back by the federal or state government. And I don't want to operate in fear with this. This is critical money that needs to get to our people. And if we -- if it costs us more someday because somebody didn't cross their I or dot their T, I would rather -- I would rather budget for an appropriation of the potentiality of a claw back and get the money out. So two statements are: One, I'd like to -- I'd like to be able to get some extra assistance for people that actually contact us and then, October 27, 2020 Page 51 two, just ensure that we're not committing to people money that we haven't gotten yet. MR. CALLAHAN: Yeah. No, I understand. I think that's a fair concern. We've -- we've worked our best -- we've had to do risk assessments on some of the nonprofits that you've done. It's taken us a little bit longer to get agreements in place with those folks, and the moving target has led us to have to ask for some different documentation ahead of the original deadlines that we had asked for. So understood on your comment about more communication when you have folks that reach out and contact you. I know we've been able to assist a couple folks that have contacted your office, so... COMMISSIONER McDANIEL: And they have. And, again, I wasn't criticizing by any stretch. This is a very difficult subject, but if we -- we have had in the past moved into decision-making by -- on a fear base of a claw back at some stage, and I don't want that. MR. OCHS: No, we're not operating out of fear, sir. We're being aggressive, but we're also maintaining compliance. I mean, it's public funds and subject to federal and state audit and clerk audit which, by the way, the Clerk's Office has been extremely helpful to us, and we appreciate that. So we get the message. We're going to walk that line as best we can. COMMISSIONER McDANIEL: Right on. CHAIRMAN SAUNDERS: I'm going to, obviously, support your recommendation. I want to congratulate and thank sta ff for really working through this program and making sure we're complying with all the federal guidelines. I understand what Commissioner McDaniel has said in terms of the claw back. We just have to be -- obviously, be careful and make sure we're complying with the rules. I want to thank the Clerk for her assistance on this. It's going to October 27, 2020 Page 52 be very important to keep Ms. Kinzel intimately involved in this as we go forward. Commissioner Taylor. COMMISSIONER TAYLOR: You took the words out of my mouth. I've heard such great things about the Clerk's Office. I mean, you just -- you soldiered up there. You got the -- you get them in, you've got your experts looking at it, you get it out. And I can't thank you enough, Sean. This has not been an easy, easy task. I've also heard from the public, different public. I remember one call in particular, "I don't understand what's going on." So we called your office, identified the application, got the list of what was missing, and, you know, the response was, what was my wife thinking of? We did this before. What did she forget? So we -- our office -- and I've said it to our County Manager. Our office is here to help. So we will field, we will communicate, because this moving target of the state is surprising, to say the least. And I think you are really responding in an important fashion. But we've got to have this money out the door at these dates. These dates are unfudgeable. When we came into this, we always thought, ah, December 30th, we can make this work, and they changed the rules midstream. So thank you for all the work you've done. I think your office is doing a fabulous job. MR. CALLAHAN: Commissioner, if I could just make one comment, along with the Clerk's Office -- don't give me far too much credit. Our group down in our Housing Division, Community and Human Services, has been tasked with the yeoman's work of getting this out the door, and they're doing that on top of their regular responsibilities supplemented by staff that we've been able to hire. So they've done a fantastic job as well, and I want to acknowledge that. October 27, 2020 Page 53 COMMISSIONER TAYLOR: I understand we even have a former city council person working for us. Michelle McLeod, who's really stepped up to the plate and is really doing a fabulous job. So thank you, Michelle. CHAIRMAN SAUNDERS: Do we have any registered speakers? MR. MILLER: We do not, sir. CHAIRMAN SAUNDERS: I think we're ready for a motion, if there's no further discussion. MR. BRECHNITZ: Pardon me. I did sign up. CHAIRMAN SAUNDERS: All right. We have -- if you come on up and -- MR. MILLER: I'm sorry. I took that as a G. Mr. Brechnitz, I'm sorry. Erik Brechnitz. MR. BRECHNITZ: Good morning, Commissioners. CHAIRMAN SAUNDERS: Good morning. MR. BRECHNITZ: Erik Brechnitz. I'm Chairman of the Marco City Council. And for those of you who are watching who are not -- who are maybe geographically challenged, Marco Island is that little barrier island on the southwest part of Collier County with 1 6,000 residents, permanent residents -- or 18,000, pardon me, 18,000 residents. And, by the way, that's only about 4,000 residents short of the population in Naples. So it is the second largest municipality in the county. And I watched your July meeting where you allocated the funds. And in the allocation, it was clear that the municipality applications were not funded universally, whether it came from Marco Island, Everglades City, or the City of Naples. And I found that somewhat surprising since there seemed to be ample dollars that were left unallocated at that time. And what was even more curious is that there didn't seem to be a lot of commissioner questioning of that October 27, 2020 Page 54 methodology. We applied for a $100,000, roughly, application, which was for our first responder expenses that are directly tied to COVD-19 [sic], and it was not funded. And we also have had, since that period of time, significant additional first responder expenses. It's clearly an eligible expense under the CARES program. So I would encourage you to take a look at the municipalities who have filed, not just the not for profits that exist in the county. We have incurred approximately $450,000 of COVID-related expenses from our police and fire departments, which is significant for a small budget like Marco Island. Our total general operating budget is less than $25 million, and half of that budget is police and fire. Approximately $6 million for each of those departments. So I have a couple of questions. First question is: Is our application still on file and being considered? I'm not sure what the answer to that is -- the original application. Do we have to re-file as more money has become available? Can we file again for the larger amounts that we've incurred? And if not, why not? So I have a number of questions about that, and I'm not sure who can provide me with the answers. CHAIRMAN SAUNDERS: I think probably Mr. Callahan can do that, and perhaps you can do some of that now or -- MR. OCHS: Sir, I can take it real quickly. The request from City of Marco is part of what we're recommending you approve today along with the first responder reimbursements for the Sheriff's and the independent fire districts. So we're ready to fully process that application. MR. BRECHNITZ: What about subsequent expenditures? MR. OCHS: Yes, sir. MR. BRECHNITZ: Can we reapply? MR. OCHS: Just submit? October 27, 2020 Page 55 MR. BRECHNITZ: Resubmit? MR. OCHS: Yeah. I'll reach out to Mr. McNees and make sure he resubmits. MR. BRECHNITZ: Well, Mr. McNees and I have had several conversations in depth about this, so he knows I was going to be here this morning. MR. OCHS: Yes, sir. I know. MR. BRECHNITZ: I appreciate your consideration, and thank you, councilors. CHAIRMAN SAUNDERS: The rationale, quite frankly -- and I know, Commissioner McDaniel, your light's lit up, but just real quickly -- and you kind of led the charge on this as well, was we wanted to make sure we got as much money into the hands of people that were really desperate as we could early on. So there really never was an effort to deny those applications. It was a matter of prioritizing the real individual needs initially. So as we go forward, we do have the resources to respond to the municipalities. We treated the county the same way. It wasn't that we were reimbursing Collier County for its expenses and not the municipalities. We just deferred all governmental entities until we got to this point towards the end. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you. That was what I was going to actually share and that additional communication is warranted for some -- for some of the folks that are in the queue. So thank you for coming and sharing with us. MR. BRECHNITZ: Thank you. Appreciate it. Have a great day. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. And I just wanted to say, I guess we all kind of were aware that they were now going to get this October 27, 2020 Page 56 phase, the second wave of payments, but I don't think we notified anybody. So maybe that caused a little bit of a confusion. But here we go. We're going to take care of it, and that's good. Thank you for being here, Erik. MR. BRECHNITZ: Thank you. CHAIRMAN SAUNDERS: Any other registered speakers? MR. MILLER: No, sir. That was it, sir. CHAIRMAN SAUNDERS: I believe we have a motion and a second; is that correct? COMMISSIONER McDANIEL: I don't know if we've made one yet. CHAIRMAN SAUNDERS: All right. We need a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: Okay. We have a motion and second now. Any further 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. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passed unanimously. Why don't we take a 15-minute break. Come back at quarter to 11:00. Give our court reporter a little bit of a break here. Any objection to that? COMMISSIONER TAYLOR: Not at all. CHAIRMAN SAUNDERS: We're in recess until quarter to October 27, 2020 Page 57 11:00. (A brief recess was had from 10:30 a.m. to 10:46 a.m.) CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting of the County Commission will please come back to order. If you'd take your seats. We're on Item 11D. Item #11D COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2021 - MOTION TO ACCEPT REPORT – APPROVED; MOTION GRANTING CHAIRMAN THE AUTHORITY TO DRAFT NECESSARY DOCUMENTS GOING FORWARD – APPROVED MR. OCHS: Yes, sir. Mr. Chairman, that is a recommendation to approve the proposed Collier County state and federal legislative and administrative priorities for 2021 legislative session. Mr. Mullins will present. MR. MILLINS: Good morning, Commissioners. For the record, John Mullins, Government Affairs Manager. And it's that time of year again where you consider the marching orders for your Tallahassee and D.C. lobbying teams. But as a preface to your 2021 state and federal legislative and administrative priorities, I would like to fulfill your request for an update on one particular priority: The state veterans nursing home. At a prior meeting you asked for an update on the process and its progress as well as investigation of adult day healthcare as an option or potential alternative. Now, first, it's important to identify the venues from where our veterans can use their long-term care benefits for skilled nursing services in Florida. Now, this can be at a state veterans nursing October 27, 2020 Page 58 home of which Florida is about to have eight once two new facilities open their doors shortly in St. Lucie and Orlando, at a VA community living center of which there are seven in Florida operated at existing VA medical centers, or at private sector nursing homes that have a contract with the VA to provide care to veterans. And according to the VA facility locator map, there are a total of four facilities between Charlotte County and Collier County with VA contracts, including Lakeside Pavilion in Naples. Now, via past actions of this board to provide potential land in the state's 35 percent share of Construction Matching Funds, Collier County is currently seeking to secure the next state veterans nursing home. Of course, the federal government has been kind enough to provide lots of definitions and instructions on construction an d grant awards, but this is the key passage for Collier County's mission. For purposes of receiving the federal construction matching funds, we must be building a new state veterans nursing home, and we'll revisit this definition again in the adult day healthcare discussion shortly. Now, as mentioned, thanks to your action, some of the initial hurdles in securing the federal match are already cleared or imminent. You've dedicated local funding of $30 million to shoulder the overwhelming majority, if not all of the state's minimum share of 35 percent construction funding, and you've dedicated a portion of the Golden Gate Golf Course property as a potential site. The next steps will be to obtain FDVA support of the proposed site, cabinet approval of Collier as the next location for a state home, state acceptance of our local construction funds, application for the VA construction grant, and state budgeting of sufficient funding for maintenance and operation once the doors open. Now, Major General James Hartsell at FDVA, who's been leading the agency since Danny Burgess resigned to run for the state Senate, has committed to visiting the proposed site once his agency October 27, 2020 Page 59 resumes statewide travel status. And Ms. Hurley is in regular contact with General Hartsell, and we're hoping to have him and his staff here prior to the legislative session that starts in March. Now, if all goes well through the site selection steps and the construction application is submitted by the State to the VA, how can we expect to fare at the federal level? Well, first, you have to evaluate our standing compared to other states that might be applying, and that starts with need. Now, currently, Florida's a state with great need of more veterans beds, which is the highest unmet-need-priority ranking. In fact, there are only two other states that are even close to us at this level of need: California and Texas. Now, I've evaluated their comparative standing by using published federal bed need projections and, per federal guidelines, backed out their current number of beds in operation. In doing so, California drops to a lower category of need, leaving Texas as our only contemporary in this criterion. Now, when the application period closes, the Secretary of the VA makes a priority list, and there are eight priority groups. Now, to qualify for Priority Group 1, the State must have their co nstruction match on hand or imminent, and it's safe to assume you have that covered. Now, however, once you're in Priority Group 1, you are still subject to seven sub priority standards. The highest priority for a construction grant is to remedy a life-safety issue at a current state home, and just below that are states that have not received a construction grant for a state home. Great-need states are next. Priority Group 1, Sub Priority 3 is where Collier County's project would be evaluated if submitted by the State. So the obvious question becomes, how much money is typically available by the time you get to Priority Group 1, Sub Priority Group October 27, 2020 Page 60 3 applicants? Well, the VA has received congressional appropriations between 90 and $150 million over the last seven years, and they can carry over any funds that are not obligated. For example, in 2018, to try and address a backlog of construction projects, they used carryover funds to award nearly $700 million in construction grants that year. But assuming we only had 90 million in any given year, how would we fare in obtaining funds in Priority Group One, Sub Priority 3? In FY 2018, had we been an applicant, there would have only been $5.8 million for five life-safety projects ahead of us and, as stated, they actually spent $700 million over 50 projects that year. In 2019, there would have been $11.3 million spent before getting to us in Sub Priority 3. And, getting a congressional bump for clearing out the backlog, they were actually appropriated $150 million for projects that year. And in this last cycle, they were appropriated $90 million by Congress. There would have been $53 million guaranteed to be ahead of us. And with Texas also in Sub Priority 3, even though we have slightly more bed need, it actually comes down to who applies first. Also, congrats to Wyoming. They're effectively closing out Sub Priority 2 by being the last first-time applicant to receive a construction grant. So in all three years, at a minimum 90 million appropriation level, we could have received the construction match from the VA. Now, at the end of September, the Florida Department of Veterans Affairs posted their long-range program plan. Goal No. 2 still states, expansion of state veterans homes as a priority. Florida is the most veteran-friendly state in the nation and plans to keep that title, and with a veteran population over the age of 65 being over 753,000, there is a need for more veterans services across the October 27, 2020 Page 61 continuum of care. But to get to a groundbreaking ceremony, it will take a little time. I mentioned a moment ago Wyoming was getting their first state veterans nursing home, but being nearly at the top of the priority list, even trumping us as a great needs state, the Veterans Commission director acknowledged it's still a marathon to get construction underway. But it's a marathon with a clear path to the finish line. Now, I'm happy to pause here to take questions on the nursing home portion, or I can move on to adult day healthcare. CHAIRMAN SAUNDERS: I would like to say that this is really a very simple process, and thank you for filling us in on it. Is there any prognosis at all in terms of how things will progress during the next 12 months or -- MR. MULLINS: Well, like I said, once DVA is freed up to do statewide travel again, we're expecting General Hartsell to come to Collier County to look at the proposed site and have a discussion, and that news was updated just recently as yesterday. So I think he's looking forward to getting out of Tallahassee as soon as possible. CHAIRMAN SAUNDERS: All right. As soon as it gets cold there, he'll come down. Any questions or comments from the Commission before we move on to the second part of this? (No response.) CHAIRMAN SAUNDERS: I don't see any questions, so... MR. MULLINS: Okay. Moving on. So staff was also instructed to look into the possibility of adult day healthcare as an option or alternative to a nursing home to provide care to our area veterans. Now, adult day healthcare, which is a higher level of care than standard adult daycare, is a VA benefit that can be accessed by veterans at VA med centers, at community October 27, 2020 Page 62 organizations and, as of 1996, can be provided at state vetera ns homes. The VA does not cover costs for veterans in standard adult daycare. And, again, a reminder that currently VA construction grants are limited to expansion of existing buildings for providing adult daycare in state homes. States cannot apply for the construction grant to build a new free-standing adult day healthcare facility. Now, currently, none of Florida's soon to be eight state veterans nursing homes operate an adult day healthcare service even though it's a logical venue for offering ADHC since skilled nursing facilities may be able to leverage existing staff and equipment where possible; however, federal regulations call for separation of ADHC participants from the nursing home population during operational hours and even mandate room sizes and restroom facilities required per number of participants. So for some state homes it may be difficult to operate a decent-sized ADHC without an expansion of their current facility footprint. In fact, there are only three states operating one ADHC each via their state homes: New York, Minnesota, and Hawaii. The largest facility, New York's, averages 37 residents per day, and those are veteran residents. In the past, the lack of participation by state homes has been attributed to inadequate VA per diem rates which were improved in 2018 by congressional action. A higher-level per diem was applied to the medical supervision model adult day healthcare, and higher level of adult daycare. And since then, the VA has consulted with several states on the medical supervision model program. Well, this development prompted the state legislature to commission an ADHC pilot via language inserted in the 2018 budget bill. FDVA dispatched a memo to the VA with three possible programs to reduce veteran nursing home admissions, including, one, October 27, 2020 Page 63 to provide a medical supervision model ADHC at state veterans homes. Their primary recommendation, however, was for adult day healthcare services to be provided by contract at 20 existing adult day healthcare facilities selected by FDVA and the Florida Agency for Healthcare Administration. And as part of the contract agreement, these facilities would have to provide for a minimum of 10 veteran guests at each location. Now, since there doesn't appear to be a license differentiation in Florida, I can only tell you that there are 351 licensed adult daycare facilities in Florida with over 19,000 slots, but I cannot tell yo u how many of these facilities are offering adult day healthcare as an option to their clients. And so far, after two years, none of FDVA's proposals have gained traction at the federal level. Now, this past March, the National Association of State Veterans Homes provided testimony to a congressional veterans affairs subcommittee on ways the construction grant program could be improved, and one recommendation was to allow construction grants to be used to build new facilities for ADHC programs for veterans, and time will tell. But in conclusion, in their memo to the VA, State Department of Veterans Affairs commented, the need for nursing home beds far exceeds our present and future capacity. And, again, with a thousand beds and 750,000 veterans over the age 65, Florida likely has the need for expansion at all levels of the continuum of care. And with that, I'm happy to attempt to answer any questions you may have on this topic before moving into the actual 2021 legislative priorities document. CHAIRMAN SAUNDERS: All right. Any questions from the Commission? (No response.) CHAIRMAN SAUNDERS: Seeing none, let's move on, then. October 27, 2020 Page 64 MR. MULLINS: Okay. Sorry it's taking so long. CHAIRMAN SAUNDERS: And thank you. That was a very good presentation and, obviously, we're going to just have to wait and see how things progress over the next six or eight months. MR. MULLINS: Yes, sir. The proposed 2021 state and federal legislative administrative priorities are included in your meeting materials. This document was produced in conjunction with the lobbying teams, county management, and departmental staff and with your individual input. Of course, this is not an exhaustive list, and we'll bring you any issues for which we cannot derive direction from this document. The state appropriations project requests and other selected issues outlined in the document will be presented by Commissioner Saunders at the legislative delegation meeting on Friday, December 4th, at North Collier Regional Park's exhibit hall. Now, given you were previously provided this document for review, I'm happy to forego a second slide show and simply field any questions you have. But at the end we'll need a motion to approve, and I would also ask that the Chair be authorized to draft, as needed, any correspondence on behalf of the Board for those issues and projects outlined in the priorities, including the letter that's in your packet to FDOT Secretary Kevin Thibault seeking to accelerate by two years the construction of the I-75/Collier Boulevard interchange project. Mr. Casalanguida, District Secretary Nandam, and I have been discussing a conceptual financing plan that was first mentioned in a meeting with Secretary Thibault last winter before COVID-19 set in and state revenues took a hit. This past July, construction of this interchange was delayed for a third time until Fiscal Year '24/'25, four years later than originally scheduled. Any financing plan borne of this letter and proffered by October 27, 2020 Page 65 FDOT would be brought before the Board for review and approval. And with that, myself and Mr. Casalanguida would be available for any questions. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: So would you please go through this again. So they -- this was scheduled for this year. MR. MULLINS: It was scheduled originally for FY 2021 -- COMMISSIONER TAYLOR: 2021. MR. MULLINS: -- for construction. MR. CASALANGUIDA: Yeah. COMMISSIONER TAYLOR: And then they delayed it. What were the reasons they delayed it? MR. CASALANGUIDA: Financing, ma'am. COMMISSIONER TAYLOR: Financing. MR. CASALANGUIDA: It was reevaluated, their fiscal program. COMMISSIONER TAYLOR: Okay. And where was the money that we were supposed to -- what did -- where did this reevaluation go? What district did it go to, or where did it go within the district? Do we know? MR. CASALANGUIDA: You know, it's a broad spectrum of projects that they reallocate. The State takes an approach that -- resurfacing and maintenance first. So whenever they see a deficit in any maintenance, they swipe from programmatic-type items. So it was spread across many needs that they had. Our biggest concern and why we're bringing this forward is you've approved the Amazon project, the Uline project. We've acquired the Golden Gate Golf Course, this sports complex. That activity center innovation zone right now is the most attractive spot in Collier County. If we don't get that interchange locked up pretty soon, my fear is October 27, 2020 Page 66 they'll push it out again. So the district secretary, as well as the state secretary, actually encourage us to do this. And I think it's important that we have that conversation. We've actually spent $15 million in utility relocations up front in planning for them. We were out of the way now. Dr. Yilmaz has done an amazing job. So we've done everything on our part. It's now time to lock this project forward and bring it in. COMMISSIONER TAYLOR: And the ultimate decision is the state legislature? It will be voted on? MR. CASALANGUIDA: Well, the state -- district secretary will present this to the State Finance Office at FDOT. I think what they're looking at and what we've discussed is a design-build finance project. So if it's already programmed into Year '24 now, what would be the carrying cost to bring this project forward. So that's what we want to talk about with them if they do a design -build finance, and that could be 10 to $15 million. But it would be to our benefit to accelerate this project. COMMISSIONER TAYLOR: That we would shoulder that? MR. CASALANGUIDA: They're going to ask us for some -- a monetary amount to bring this project forward, yes, and that will be paid for out of impact fees. Right now in that area we're collecting a decent amount of impact fees for roadway acceleration. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN SAUNDERS: All right. Any other questions or comments? (No response.) CHAIRMAN SAUNDERS: Are you finished with your presentation? MR. MULLINS: I think so. CHAIRMAN SAUNDERS: Do we have any registered speakers? October 27, 2020 Page 67 MR. MILLER: We do not, sir. CHAIRMAN SAUNDERS: All right. Then we need two motions. One is to accept the report, the legislative agenda. So we'll entertain a motion for that. COMMISSIONER FIALA: Make a motion to accept the report. And, by the way, you ought to be reading things for the Naples Players, too. You're good. CHAIRMAN SAUNDERS: Do we have a second? COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: All right. We have a motion and second to accept the legislative agenda. 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. And then we need authorization for the Chair to sign certain documents. If you'd go through real quickly, and then we'll have a motion. MR. MULLINS: Yes, sir. It's a general authority given to the Chair to draft any letter in support or opposition to issues identified in the priorities document. COMMISSIONER SOLIS: So moved. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Any discussion? October 27, 2020 Page 68 (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. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: And that passes unanimously. MR. MULLINS: Thank you. CHAIRMAN SAUNDERS: Thank you. MR. OCHS: Thank you, John. Item #11E THE FY 2021-2030 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN MAJOR UPDATE - MOTION TO APPROVE TRANSIT DEVELOPMENT PLAN – APPROVED MR. OCHS: Mr. Chairman, we move to Item 11E, and this is a recommendation to approve the FY 2021 through FY 2030 Collier County Transit Development Plan major update. And Ms. Arnold will present. CHAIRMAN SAUNDERS: Good morning. MS. ARNOLD: Good morning. Good morning. For the record, Michelle Arnold, Public Transit and Neighborhood Division Director. I'm here today to present to you our draft Transit Development Plan, which is our 10-year strategic plan for our transit system. We've gone through an extensive public-participation process as October 27, 2020 Page 69 part of this planning process. And I have our consultant, Tindale Oliver -- Richard Dreyer with Tindale Oliver on the phone. He's going to be making the presentation for us. After that, what we're going to be asking the Board to do is to allow us to transmit this to the Florida Department of Transportation, which is a requirement, and they will review it and hopefully approve it, and then we will have the opportunity to try to start implementing some of the strategies under this plan. But first, we've got Richard Dreyer on the phone: MR. DREYER: Thank you. I'm here. I'm Richard Dreyer with Tindale Oliver. I look forward to getting this opportunity to be before you to present this Transit Development Plan. If you want to go ahead and move the slide, I'll go ahead and get started. All right. Today, as Michelle mentioned, is to request your approval of the Transit Development Plan. TDP is a 10-year vision plan for the county. It covers the years -- this current Fiscal Year 2021 through 2030. It is usually due on September 1st to the Department of Transportation, but due to COVID this year, there is an extension till November 1st. It does help with prioritizing services and projects. It is a requirement that the -- it was -- the projects and the needs be looked at unconditional with funding. In other words, without regard to funding so that the full needs can be looked at, prioritized, and assessed. And it is a requirement to receive the annual State Block Grant Funding from the DOT, and other projects might need to be in here to be funded as well. Next slide. The TDP, just a little bit of context so we're all on the same page, it is -- as I mentioned, some projects need to be in here, if not all projects, to be funded in some manner, discretionary grants and so October 27, 2020 Page 70 on, for doing new facilities, new purchases, and new services. The TDP requires a very meaningful community outreach, stakeholder engagement process. Departments rules -- Florida Department of Transportation doesn't set up what that means. It's up to each community to do that. But at the beginning of the process, a public-participation plan is reviewed and approved by the Department, and we'll go over that a little bit more in the next slide. But it was a very meaningful process. It also is a collaborative process. One of the requirements is to include certain agencies like the Workforce Development Board, the MPO, and so forth. It does inform the MPO's long-range plan and it works in cooperation, this year being that you're both due on the same year. A couple of things we always like to caution board members on is that this is not a commitment. This is a strategic and visioning plan. So it's not a budget. You know, you go t hrough your annual operating budgets and create your real budget. So you're not obligated to meet any of the new or extended finances, but what your approval is is that this is your vision, your plan, and where you're planning to try to go in the next 10 years. In between those 10 years, there's annual progress reports between the five-year update that you get to adjust and show why you have adjusted. Next slide. I mentioned the public outreach was fairly extensive and really was. We reached around 1,400 people through a number of different activities and strategies. We know it takes multiple approaches to be able to reach different people. So we had onboard rider surveys. We had public surveys online and in hard copy. We had discussion group meetings with targeted audiences and some public meetings with anybody who could get there based on advertising. We had October 27, 2020 Page 71 some stakeholder interviews, and it was very, very tailored to your community to get as many different walks of your community involved as possible. Next slide. That tailored approach also carries over into the TDP itself in that it was really trying to keep up with technology, changes that have occurred over the last 10, 20 years in the way we do transportation in this country, especially in light of COVID this year. And so we were introducing some new modes, something different on how we meet mobility needs, and it includes an overall focus on mobility, getting people where they need to be in ways that may or may not be traditional fixed route as well as keeping the base services in place. It provides a number of different options, so it gives some diversity. It reflects a lot of new and emerging best practices that are in the country, and it does meet a number of specific community needs while keeping sensitivity to where you want to go, how you want to get there within your community. And it is a very holistic approach and network in the final results. Move the slide. So without consideration of funding, this is kind of a network need. It is -- includes a lot of different services. And when we go to apply funding, which you'll see in the next moment, some of the things that we look like we can and -- can do within the existing funding and move forward with, there are some restructuring and some new development of hubs, which you'll see how those come in handy in a moment, and they're important. We do look at improving some frequencies and expanding some of the hours, and there are a number of new services. And, again, not all of these are able to be funded in the constrained plan or the cost-affordable plan. October 27, 2020 Page 72 Go ahead and move. I do want to say there was some discussion with Marco Island and the Express services and stuff, and I just want to mention that the real services that were -- that are funded would be some additional trips on the Marco Express from the downtown transfer center, and those are really to meet needs of workers for the changing shifts that they have, and then there was a trolley that is adding only internal circulation in Marco Island, not going back and forth. So those are the new services in Marco Island, if you will. We've mentioned the mobility approach and tailored and innovation, and these are some of the examples of that. The mobility on demand, that MOD, and the first one we create zones and take advantage of new technology to make it where it's on-call services, on-demand services, and I'll explain that in the next slide a little bit more. But we're also looking at autonomous vehicles and how we can maybe use driverless vehicles and technology to get us across that Naples bridge, especially. We're looking at some shuttles that would be electric and alternative fuel, if you will, especially to get us around the number of the attractions in the Naples area. And then there's the Bayshore shuttle, which is really to help with parking management, but it does give a lot of opportunities for connections. Next slide. Mentioned the mobility on demand and how it's a new technology, and what it does and how it works is we create zones. In these zones you'll have a mobility hub, but when you're within that zone and you want to stay within that zone, you can call and get service. It's on demand. And it's point to point. Like I want to go from my home to the grocery store, and then you call for your service to go back. And you use technology on your hand-held device or on October 27, 2020 Page 73 your computer to make those connections and reservations and so on. From there, if you want to go to other places, your connection is through these new hubs, mobility hubs that are being created, and there -- some of the fixed-route services go in there and express routes and so on to take you to other places within the community. So it provides a greater opportunity to provide mobility to more people, more options, and it serves the greater general public as well as a lot of those specialized trips for Americans with Disabilities Act or Transportation Disadvantaged. So it makes those trips maybe more in a cost-effective mode, if you will, and saves you through that process of coordinating all those types of services, reducing duplicate services in some areas as well. Next slide. Now, this is kind of the big-picture look at the finances but, again, I remind you, this is not an operating budget. This is a vision plan with some ideas of what you can and might be looking to do over the next 10 years as well as what you can do specifically and how you might want to prioritize those and strategically implement those. But to be able to reach additional riders, you're going to have to expand services, obviously, and change some of the way services are being delivered. So the 2030 plan looks at getting us up to around the 1.4 million passengers from the current 812- or so that we have each year, 112,000. There will require doubling your revenue hours and 24 -- 25 new vehicles if we were to fully implement all of the unconstrained plan. But we're looking at the existing cost of 128.5 million for the existing service over the 12 years, so a little over 12.8 million a year, and then there's a $42 million capital cost over that 10-year period to build new facilities, bus replacement, and so on. So that equates -- if we're going to fund everything, it would October 27, 2020 Page 74 equate to another 134 million to 49 million in capital. So the -- I'm sorry. That -- with the cost-of-living increases, excuse me. And then unfunded operations are about 38 million to 26 million in capital over the next 10 years, so that's what's actually in the plan now. So one of the things we wanted to highlight is some of the opportunities and challenges. There's a lot of nontraditional transit modes, you know, the fixed route, point to point, bus stop to bus stop is not just included, but we do have these mobility on demand of, some things that we want to test. One of the things, I was at the Department of Transportation for 23 years, and when we funded those service development projects, we always considered those as studies in motion so we could test out new ideas, new technology, new services. And we think that's what you're going to be wanting to do over the next 10 years as well. And then there's -- alternative funding sources will be needed to implement all of the initiatives within the plan. It does look like -- and require a lot of cross-jurisdictional cooperation. So prioritizing partnerships and continuing to build on the ones you have are an important factor. And it needs to be a little bit more proactive with some of those to create even funding partnerships at a different level with private sector as well as public sector. And then incorporating the rapidly changing and improving technology and the mobility option has got to be a continued emphasis, and your infrastructure has to be able to handle that: Updates, upgrades, and the deployment. Next slide. So from today, we want to take and go get -- get your approval and get it to the Department by November 1st, but what we've done over the last few months is taken it to the various cities, through the MPO process and board, and then we're here to get your endorsement October 27, 2020 Page 75 and approval. But everyone so far has endorsed it and is satisfied with the plan. We have received a few comments that we've updated and will incorporate as we moved forward with the final version and your adoption. CHAIRMAN SAUNDERS: All right. MR. DREYER: With that, we're open to questions. CHAIRMAN SAUNDERS: We do have one light lit up. Commissioner Fiala has some questions. COMMISSIONER FIALA: Oh, I don't have any questions. Excuse me. What I wanted to say was there was a bunch of red lights flashing around as this plan was exposed to everybody coming from Marco Island, oh, my goodness, and there was a lot of letters, a lot, and phone calls, but they had misunderstood what this was going to be. And I want to tell you, Michelle -- now, most of you don't know me well enough to know that I work at night. By the time I get home, it's 8:00, 8:30, 9:00 at night, and that's when I just start making phone calls. Michelle is right there answering my phone calls. We got it straightened out real quickly, and so they realize now this is a benefit to Marco Island rather than what they had thought it was going to be. Secondly, it came before our -- I'm involved with the Transportation Disadvantaged program, and everybody on that board heard that, and they all agreed it was a good plan. So I'm just giving you good stuff. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I'm, as well, in support of moving forward with this. My question is, do you document every single rider trip length, where they're coming and going to? Do you have documentation on all that? October 27, 2020 Page 76 MS. ARNOLD: No, not the actual individual rider. We document the trips, similar to how we document trips on the roadway. But we have the ability, if everyone were to have purchased their pass, to kind of track origin/destination, but we don't do that. It's very difficult to, you know, track each individual person, particularly if somebody's paying cash for their fare, they're just, you know, putting in their fare and then possibly transferring to another location. So, no, we don't. COMMISSIONER McDANIEL: I'd like to do that at some stage. I'd like to be able to explore the possibility of doing that. I saw in this plan several innovative thoughts on pilot programs and how we can attain better needs to service our community, and I think if we have a better handle -- not better. If we have a more accurate handle on our actual trips and who's going where, when, and how, we can better assess the viability of what we're doing and how we're implementing what we're doing. So if it's at all possible -- and I know not everybody -- and, again, there are no absolutes. Not everybody pays with cash. A majority of our customers pay either with a prepaid card and/or a debit/credit card, as the case may be. I would like for us to start to document that, and that would allow us to apply a cost-benefit analysis to a ridership and not just a bus going from A to B at a certain time and a place just because we have a bus stop there. MS. ARNOLD: Yeah. We do have the ability to track origin/destination. We've got two systems. Our fixed-route system, which is our, you know, general -- the bigger buses that are on a fixed route, and individuals coming on and off. And we have implemented technology on better count where people are getting on and where people are getting off. So I don't want to miss -- you to misunderstand that we don't know when people are getting on and off and where they're potentially going. That is something that we've October 27, 2020 Page 77 incorporated and -- but we don't know who the individuals are is what I'm saying. COMMISSIONER McDANIEL: I was more concerned -- just so you know, I'm more -- I'm not -- who they are is irrelevant to me. MS. ARNOLD: Right. COMMISSIONER McDANIEL: I want to know about bus capacity. MS. ARNOLD: Right. We have all that information. We can track that information. And that's what we utilize, actually, to analyze needs and that type of thing. MR. OCHS: And your TD? MS. ARNOLD: In our Transit Development Plan, we do have that ability to track people getting on and off, or igin/destination; yes, we do. On a paratransit side, we know exactly who the riders are and where they're going because it's a door-to-door service. COMMISSIONER McDANIEL: And because that's an on-need service. It's different than having a bus stop and a bus station going from A to B -- MS. ARNOLD: Correct. COMMISSIONER McDANIEL: -- and then reconciliation with regard to the capacity of the bus and the location and where the people are all, in fact, going. So if it's possible, I'd like for us to explore, as best as we can without it being an absolute, what our capacities are, what our trip requisites are, and so on and so fort h. MS. ARNOLD: Yes. And that's -- that's our goal, actually, to improve using technology getting better ways of identifying that. We're actually -- the next step with this is our comprehensive operational analysis where we get into the meat of analyzing some of the proposals that are introduced in here, and we will look at, you know, where it makes sense to route the exact bus that is -- or route October 27, 2020 Page 78 that is being proposed in the plan and looking at the actual origins, residential areas or commercial areas, businesses, and those types of things to better analyze what we would do or what makes more sense in terms of capacity. We're actually also looking at introducing more performance measures in terms of loads. So, you know, knowing what the particular loads would be and when does it make sense to increase the frequency or add another bus on a particular route to service the capacity that we're identifying, so... COMMISSIONER McDANIEL: Well -- and with the on-demand pilot programs, people can, with their phone, hit a button -- MS. ARNOLD: Absolutely. COMMISSIONER McDANIEL: -- and say that they're going to be at a bus stop, and they're not standing there forever waiting for a particular point in time. And those are all things that are technologies that are going to be -- I think will better enable us to analyze the efficiencies of what we're doing. MS. ARNOLD: Correct; yes. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Just a point of clarification, is this -- Commissioner Fiala, is this why we got all these emails about don't bus people to Marco Island? COMMISSIONER FIALA: Yes. COMMISSIONER TAYLOR: Okay. Okay. COMMISSIONER FIALA: They had thought that what we were doing is taking a bus and starting at this point and bussing people back and forth to Marco to go to the beaches and, of course, that isn't it at all. COMMISSIONER TAYLOR: Okay. COMMISSIONER FIALA: But I was glad so many people October 27, 2020 Page 79 wrote so we could reply to them and put those fires out. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SAUNDERS: Do we have any registered speakers? MR. MILLER: I do not, sir. CHAIRMAN SAUNDERS: And nobody's light is lit up here. So we just need a motion to approve the Transit Development Plan. Will that be sufficient? MS. ARNOLD: Yes. Yes, please. COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: We have a motion and a second to approve the plan. If there's no further discussion, 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. MS. ARNOLD: Thank you very much. Thank you, Richard. MR. DREYER: Thank you. Good help -- glad to help. Item #11F THE EAST NAPLES COMMUNITY DEVELOPMENT PLAN AND DIRECT STAFF TO IMPLEMENT STRATEGIES IDENTIFIED THEREIN - MOTION TO APPROVE THE PLAN AS October 27, 2020 Page 80 THE BEGINNING POINT AND INCORPORATE MAP CHANGES AT THE RICH KING BIKE PATH – APPROVED MR. OCHS: Item 11F is a recommendation to accept the East Naples Community Development Plan and direct staff to implement strategies identified therein. Ms. Mosca will make the presentation. COMMISSIONER FIALA: By the way, while you're getting ready, she's another one that answers her phone anytime of the day or night. So is Leo. So is Nick. MS. MOSCA: Good morning, Commissioners, Michele Mosca with your Community Planning Staff. Here with me today is Demian Miller. He is with the consultant team of Tindale Oliver. He'll be presenting a brief PowerPoint presentation to provide the key highlights of the East Naples plan. I would like to thank Commissioner Fiala as well as the East Naples community for their participation in the plan as well as their support of the plan. To provide some background, back in 2017 the Board directed staff to prepare the East Trail Corridor Study. As part of that study , the community identified their preferred land use as well as the undesired land uses. In addition to that, the community also provided their preferred design and development standards for the corridor. Following the Board's acceptance of that plan in 2018, the Board directed staff to prepare a community development plan for the community to identify the vision for the entire East Naples area. The plan that's before you today is a community plan that reflects the overall vision for development and redev elopment within the East Naples area, and it reflects the consensus of the participants involved. The recommendations identified throughout the document October 27, 2020 Page 81 as well as specifically Sections 6 of the documents are recommended actions to implement the plan. These are general planning concepts that may require further study and analysis. It may be possible after some additional analysis that some of the recommendations may not, in fact, be feasible. You're being asked today to accept the plan and provide staf f with the direction to take the necessary steps to implement the plan outlined in Section 6. And I'll turn it over to Demian. Thank you. MR. DEMIAN MILLER: Demian Miller with Tindale Oliver. Thanks for having us today to present. I'll try to be relatively expedient because I know we're coming up on lunch soon, but I'm happy to talk as long as you want afterwards. As Michele said, this plan had several high-level goals: Establishing a vision, thinking about land use and how that relates to the development process, thinking about an inventory of what assets and public facilities are in an area and what may or may not be need to be added, thinking transportation options both for automobile travel safety and then non-motorized mobility as well, thinking about other topics that might be emerging, and then recommendations for implementation. The graphic here shows you both the specific study area for the plan and then also a larger area of influence around it, but I think it's important to mention that many of the strategies that came through with this plan could be applied broadly to large sections of unincorporated Collier County. So while we did look at this particular area in terms of our inventory of assets and things like that, some of these strategies are more global in where they can be implemented. In terms of land-use concepts, we looked at desired development October 27, 2020 Page 82 types, and we had a firm called Plusurbia that was part of the team that really dealt with the urban design aspects of this and thinking about not just how much of a thing goes in an area, but what it's going to look like, how it's going to interact with the existing land uses and adjacent neighborhoods, and then also a discussion of undesired uses and all the while thinking about, okay, now how does this get implemented through the county's Land Development Code and land-use planning process. From a transportation perspective, bicycle and pedestrian connections, thinking about some ways to make the major roadway thoroughfares more approachable for pedestrians and cyclists to interact, and then ways over the longer term to reimagine some of the major thoroughfares. Again, to let these be -- remain high-capacity roads but maybe bring the speeds down a little bit and make them a little bit more urban and more inviting to the type of development that the community was asking about. Additional recommendations included green space. There's private green space in this community but many more public, the main green space. Branding and marketing the general need for recycling drop-off center, housing affordability, and landscaping and architectural style and signs and just maki ng sure there's a consistent look and feel and brand to the community. The process had two sort of parallel tracks. One was a technical track where we're looking at property values and densities and square footage of different uses, parks and rec spaces and schools and, you know, all the asset side of things, but then also a significant public engagement track. We have very active community associations in this area, and so that was a real benefit of the project of being able to quickly reach out. Engaged over 600 people to advertise a workshop. This project started as COVID was wrapping [sic] up, so we had to get creative about doing virtual workshops October 27, 2020 Page 83 rather than traditional in-person open houses. But we were able to get good participation. The first workshop was more of a needs assessment where we really just tried to sit back and listen to what the community was saying they wanted out of the process, and then the second one we came back and presented some ideas and some development strategies and things like that. Also had some smaller stakeholder meetings, meetings with other stakeholder agencies in the area and then some communication with other county and even DOT staff. Key takeaways, with some exceptions, generally good public assets in the area, and I think this is something that the county has worked on over the last few decades to make sure that this area is reasonably well served. As with much of suburban Collier County, there's a limited roadway network. So you have a couple of big arterial streets, and that carries all the traffic, and then the neighborhoods tend to be more secluded and right behind that. That's great from the standpoint of limiting cut-through traffic in neighborhoods, but it creates some challenge in that all of those transportation needs have to take place on a handful of streets. So you have, you know, big, wide roads, big intersections, and that creates some -- and also limited opportunities for some of the neighborhoods serving commercial uses because they're all at the perimeter of the area. There are several major roadways in the corridor, but U.S. 41 remains one with probably the most opportunity for mixed-use infill. And so while we identified additional nodes away from 41, the 41 corridor was where we ended up focusing when we showed some different scenarios. We looked at different designs and thinking about not just how this can be accomplished from a regulatory perspective, but what are some incentive processes, or how do we get October 27, 2020 Page 84 the market to meet us halfway and deliver the types of uses that the community is asking about. COMMISSIONER FIALA: Can I ask a question right now? CHAIRMAN SAUNDERS: Sure. COMMISSIONER FIALA: On this last one, it says, concerns about adding affordable housing. Does that mean -- does that mean they -- you took as they want more affordable housing or they said there's enough? MR. DEMIAN MILLER: I think we've heard from parts of the community that they feel like there's more than adequate affordable housing in the area, and then we also heard comments that the affordability of the area was one of the things that made it attractive. And so different perspectives, but we definitely heard from groups that they didn't -- they didn't want this to be the part of the county where we just meet our countywide affordable housing needs in this area. And so -- but we've gathered a few different perspectives on that issue. COMMISSIONER FIALA: Thank you. MR. DEMIAN MILLER: Sure. And people said, and I'll mention back -- I'm going to talk about walking and biking a lot. Not necessarily that folks were going to travel vast distances walking and biking. It's Florida. We know it's hot. But the idea that once you got to one of these maybe more comprehensive commercial areas, that you might get out and walk around; that you'd park once. And it would be more of a destination than just dropping off from shop to shop on your way home. So from a vision perspective, balanced development. It was interesting, I was watching some of the land-use items you-all had earlier this morning, and each individual person or developer is coming in with a piece of property that they have, you know, an option on, and they're going to try to build what they think is going to October 27, 2020 Page 85 be best for their business at that moment in time based on what they can do with the land from a regulatory perspective, what they think the market wants, what costs are for different things. And all those decisions get made individually, and then a project like this kind of comes back and says, okay, well, after 20 or 30 years, what did you have enough of and what did you maybe not build enough of? And how do we fill in to create more of a balanced community than a bunch of individual projects? And so that's really how I think about what we're trying to come back and assess. So you did a lot of fantastic things out here, but we missed a couple things. How do we come back and fill that in after the fact? Diverse and quality commercial. There's commercial uses, but then these were things that would be assets to the neighborhood, that would be attractive. That could be not necessarily regional commercial. There's plenty of big box. You know, there's Lowe's and Home Depots and all that kind of stuff, but things that are more neighborhood-serving, thinking about beautification and green space, and then transportation options. What we did was we tried to look for areas that either had some level of vacant commercial property but also areas that were interesting from a geographic perspective, and so we identified three different nodes along 41, U.S. 41 and the Naples Manor area, at the intersection of Rattlesnake Hammock, and then further north at the Town Center. And each one of these -- it's not to say that these are the only opportunities in this area, but each one of these gave us a chance to show a couple different strategies and give a few different looks to the community on how we could fill these in. Part of our technical analysis for this project was to come back and say, how do you compare it to the county as a whole? And so one thing we've seen is that overall Collier County is about 80/20 in terms of 80 percent of its real estate is residential and about October 27, 2020 Page 86 20 percent is commercial nonresidential uses. When you pull out sort of the coastal Naples and say, okay, unincorporated Collier County, that's about 85/15. And what we heard from the community was that we're underserved by commercial uses. And so we said, well, let's see if the math shows that. And we found that it did; that while countywide you're about 15 percent commercial, this area's only about 11 percent. So 4 percent doesn't sound like a lot, but it's more like they've got about two-thirds of what everybody else has. And so we looked and we said, okay, if you were to break even with -- if we were to bring your ratio up to the unincorporated county average, what would that mean in terms of additional commercial square footage? And you see that to the right of this graphic where, as you start adding commercial, you start bringing that ratio in. And 3.4 million is a ton, and the plan that we're going to propose doesn't get us there, but it moves us further in that direction. So for each of these three locations, we had sort of a very light touch in terms of a redevelopment scenario: Really just dressing up the roadway a little bit, and maybe some small infill on some of the surface parking are vacant; a more moderate scenario where we really did look at building out these geographies, and this included a multistory with a ground-floor retail component and then upper floors which could be employment uses or potentially residential; and then a more radical approach to the roadways; and then robust where it's almost a full redevelopment where we're not only looking at infilling some of the parking areas and other things, but actually coming back in and redeveloping some of the existing sort of legacy commercial. By far, when we brought this through the second workshop, we had some real-time polling going through that and then also comments coming back in afterwards and surveys. That moderate option was clearly the most preferred, and it was the least offensive. October 27, 2020 Page 87 So most people liked it, and the least person [sic] liked it the least, and so that's where we went. And this sort of just illustrates what we're talking about there. This is Naples Manor where we've done some things to the roadway, and then we've introduced some additional development in there. You see it's a more walkable human-oriented design, and this shows it from above. You can see where we've infilled and where we've left things alone, and then also thinking about the context back to the neighborhoods where we can make connections that are not invasive from a transportation perspective but, nonetheless, make that community retail more of an asset to the folks that are there. Rattlesnake Hammock was interesting to us because it did have some grid street structure that we could engage with , and so our urban designers really keyed in on that and looked at ways to fill in and tighten up around that intersection. And, again, here we were able to add a significant amount of potential commercial space to helping to move that ratio in the direction that the community has asked. And then the Town Center, these were sort of the biggest pieces of property where we have these large parking outparcels developing. This is complicated, though. When you start taking surface parking, you probably need to add back in structured parking. We know that creates a lot of complexities for the developers. But we still wanted to illustrate this. And I think it was really important -- and this came up in the public outreach process that this isn't something we expect to see in five years. I mean, you-all go could go and change your code and try to do incentives, but it would take the market a while. And so some of these things we think are longer-term prospects for the community. But, nonetheless, we were able to illustrate this. And, again, showing the ability to add that additional October 27, 2020 Page 88 neighborhood-serving retail and commercial that this community proportionally lacks. In terms of standards and incentives, thinking about allowed densities and intensities, a lot of this is in the coastal area, and so managing how that works with those regulatory constraints. Thinking about allowed uses that we want to encourage and being -- positive guidance in terms of what we'd like to see built there, making sure that we're thinking building heights appropriately. We're told now that most retail wants, like, 25-foot-high ceilings in the ground floor. That's the current, you know, style, I guess, and so that creates height needs, setbacks, and buffers. So if we're going to put this mass along the corridor highway, make sure that it interacts appropriately with the existing residential behind. Parking requirements, open space, connectivity so that these aren't just completely isolated sites. From a development review incentives, different ways of looking at fees, faster permitting, and funding tools. This is based on some conversations we had with developer stakeholders. And then making sure that we're clear about undesired uses and dealing with spacing standards so that we don't have just an overload of uses that the community is not interested in having. We talked some about better connectivity. This just shows an example where if you're at one of these neighborhoods and you want to get to this lovely park that we have or get to the elementary school, you have this very long drive all the way around presently, and if we had been able to or maybe can go back and retrofit just some pathway connections, not asking for big cars to cut through these communities but just pathways for people on bikes. Then all of a sudden these great assets that you've invested in become useful to the community without having to drive their kid, you know, all the way in a circle. Thinking ways to retrofit some intersections. And this is where October 27, 2020 Page 89 DOT now is going, where they're looking at context, and then they're looking at ways to make even more major thoroughfares more walkable and safer for pedestrians. So there are ways to come in and tighten up intersections and then, longer term, thinking about the corridor, which is the three nodes we looked at as about a 7-mile length between them all, and coming back in and saying, how do we maintain this as a six -lane arterial but design it in such a way that it encourages lower speeds and really helps to fit with the type of development that we'd like to put there and is safer and better for all the users. So still maintaining the throughput but a safer thoroughfare. Others things that we looked at were enhancements to green space, parks, lots of great comments from the public on getting some more regional trails in the area, branding and marketing to give more of an identity to the area, the general need for recycling and drop-off center location to be determined, and then continuing to think a bout how housing and then Land Development Code for landscaping and architectural style to make sure that the quality of product that the community is asking for is what the development process delivers. So, thank you. CHAIRMAN SAUNDERS: Let's see if there are any questions or comments from the Commission. And do we have any registered speakers? MR. MILLER: Mr. Chairman, I have two registered speakers here in the room, and then I have one more registered speaker online. CHAIRMAN SAUNDERS: Why don't we go through the registered speakers and then we'll get to the commission. MR. MILLER: Your first speaker will be Jean Kungle followed by Gordon Brumwell and then Jacob Winge. CHAIRMAN SAUNDERS: Either one. That's okay. Either podium will work. October 27, 2020 Page 90 COMMISSIONER TAYLOR: You went the wrong way, but that's okay. MS. KUNGLE: Hi. Jean Kungle, and thank you for letting me speak. I just wanted to say thank you to Michele and to Anita and Donna for pushing, pushing, pushing, and I'm hoping that we can also put together some kind of a committee to oversee this idea and -- so that it gets implemented properly, and I hope it all gets passed through today so that Donna can leave on a good note. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Gordon Brumwell. He'll be followed by Jacob Winge. Mr. Brumwell, you can use this podium over here while that one's being cleaned. COMMISSIONER McDANIEL: He was dutifully following the arrows. MR. MILLER: And I ruined that. I'm sorry, sir. CHAIRMAN SAUNDERS: If you give that to our County Attorney, then he'll -- right over here. MR. MILLER: Do you want to show those while you speak, sir? MR. BRUMWELL: Yes. MR. MILLER: Then Mr. County Manager, sir. CHAIRMAN SAUNDERS: I'm sorry. MR. BRUMWELL: Hi. I'm Gordon Brumwell from Crown Pointe in East Naples. The ENCDP is very promising, but a little bit nit-picking; Map 5 on Page 16 should be edited and the text it informs qualified. So this is Map 5. The red circle's a park and greenway, bu t there is only a bike path there and, wait for it, I can prove it. Let's go October 27, 2020 Page 91 to Figure 2, please. It's not a destination. It gets you from Point A to Point B. You can see we have Freedom Park in the upper right -- on the left that's not really similar -- and a greenway, a beautiful destination to go to and wander in the woods, is on the right. And, again, the bike path is not that. And at the bottom is a picture of a bike path, and I think those two match up pretty well. So it's currently a bike path. It could be something else. It has a lot of potential. It could be planted as a greenway. There could be a park or two along it, but right now it's a path. And some of us are asking if we can please correct the map to show that. COMMISSIONER FIALA: Would you speak in your microphone; move it over just a little bit. There you go. MR. BRUMWELL: We're asking that we change the map to reflect that that is a bike path, not currently a park or a greenway. Also on Page 16, the text that that map informs reads: The area generally has good coverage by public facilities and services. On Page 3, the executive summary begins similarly. While the draft suggests public green space meets technical requirements, green space distribution does not meet the requi rement of fairness. Let's go to the last figure. There are only two small neighborhood green spaces in the interior 33,000'ish acres of central Greater Naples. There and there (indicating). Anybody in the purple areas can walk to a green space in 20 min utes. Compare the coverage of interior Greater Naples to the much greater coverage around it. As East Naples is part of this interior public space desert, it follows we don't have good coverage either. Please qualify the sentences referred to reflect our dearth of public green space prior to accepting the draft. The Crown Pointe master board, I'm not on it. I am one of two residents asked by it to convey its concern East Naples will lose its October 27, 2020 Page 92 natural character. Thanks. Questions? COMMISSIONER FIALA: Just one. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Could you give me your name? I'm sorry, I've never met you before. Could you give me your name and contact information. MR. BRUMWELL: Gordon Brumwell. COMMISSIONER FIALA: No, no. Not on the record. Just write it down someplace and give it to -- yeah. Give it to Troy or give it to Jeannie Kungle back in there. Yeah. MR. BRUMWELL: Okay. COMMISSIONER FIALA: Thank you very much. MR. BRUMWELL: Will do. CHAIRMAN SAUNDERS: Commissioner Taylor has a comment or a question. COMMISSIONER TAYLOR: Yes. Just a question. You're asking us to incorporate your observations, what you've presented into this plan before we pass it? Did I misunderstand you? MR. BRUMWELL: No, not -- not the whole spiel. Just to edit the map to show a bike path where there is a bike path and also to remove the greenway and the park, because there is no park there and there is no greenway and then, because the text that is informed by that map says that we have good coverage, implying of green space also, to put a qualifier on there; something like, the area generally has good coverage, comma, except for green space. CHAIRMAN SAUNDERS: Okay. MR. BRUMWELL: That sort of thing. COMMISSIONER TAYLOR: All right. MR. BRUMWELL: And I think that seems fair given these maps. October 27, 2020 Page 93 COMMISSIONER TAYLOR: Thank you. CHAIRMAN SAUNDERS: Thank you. We have one more speaker; is that correct? MR. MILLER: That's correct. Mr. Chairman, I have an online speaker, Mr. Jacob Winge. Mr. Winge, you will have three minutes. Are you with us, sir? MR. WINGE: Yes. Can you hear me? MR. MILLER: Yes, sir. Please begin. MR. WINGE: All right. Thank you. For the record, Jacob Winge, past president of the East Naples Civic Association. Thank you for having me -- some time to speak this morning on this really critical plan. The East Naples Civic Association did send a letter that I believe that you-all received, and staff as well, and really just here to communicate the two points in that letter. We decided to really try and keep it short. We're asking that you direct staff to set an overlay across U.S. 41. We believe that it's the most important kind of focal point as it's, you know, set upon in the plan, some really import ant kind of next steps as far as development, if there's any rezoning priorities for green space and walking paths, bike riding, and then, obviously, the major point of commercial need in the area. And then to help expedite changes and recommendations that are in at the end of the development plan asking you to direct staff to set a plan for an oversight committee or an advisory board. I think, you know, some of the concerns that the gentleman brought up just before me are great things to consider as we move forward and any needs to tailor the plan. I think it might be a little excessive, if there become more as the plan develops and starts to take on some teeth to it, if you will, to actually make, you know, changes or recommendations, or not necessarily all those to come to the Board at first, but I think they need to come through an advisory board. I October 27, 2020 Page 94 think that helps you-all vet them and then, you know, be able to make good decisions based on what the community likes to see as this plan gets more and more fleshed out. So that's just the two points that I just wanted to communicate from our letter, and I'm happy to answer any questions, if you-all have any, and thank you again for the time. CHAIRMAN SAUNDERS: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: No. CHAIRMAN SAUNDERS: No. Yeah, I don't think there are any questions for you, Jacob. Thank you. Commissioner Taylor, you had some other comments? COMMISSIONER TAYLOR: Yes. I think this is an extraordinary -- well done, Commissioner Fiala. Well done. It's an extraordinary achievement. I am a little concerned about the remarks of this gentleman from Crown Pointe. I would like to endorse this today. I don't know -- and I'm going to bow to my attorney friends here -- how we can not discount what he says, but I don't know if we need to incorporate it at this point, but I'd like to reserve his rema rks so that it will definitely be considered. I don't know how to do that. CHAIRMAN SAUNDERS: I think that his remarks really aren't going to the great substance of the plan. It's just some of the technical issues, and I think we can make those corrections right now. Just incorporate those technical corrections as we approve this document. COMMISSIONER SOLIS: Have those items been reviewed by staff? And what's their opinion of them if they have one? MS. MOSCA: Michele Mosca, for the record. The goal is to encourage and develop new green space. We can go ahead and make the change to the map. We can identify the map October 27, 2020 Page 95 as currently it's a bike path but the overall annual inventory and update, it's the Rich King Memorial Greenway. It's a regional park so, eventually, as we move through this process, we do additional studies, maybe we make additional improvements to it. CHAIRMAN SAUNDERS: I think the point was that it's not a greenway at this point, and the map should reflect that it's not. MS. MOSCA: And we can make that note. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, I have a couple of questions. And in regard to that discussion, I think it's important that we all remember that this is a plan, and this is the beginning of a plan. Congratulations to you. This is -- COMMISSIONER FIALA: And all of you, thank you. COMMISSIONER McDANIEL: It's a -- it's a plan. It's not carved in stone. It's not going to be perfect. There's going to be, suggested by the East Naples Civic Association, a committee on oversight. I'm reading in the implementation processes down in here, Years 1 through 2, what you're planning o n doing, LDC amendments in 3 to 5. I do have questions with regard to the TIF. There's a suggestion about some TIF funding at some stage. Some money's going to be needed from this area, and I want to know if there's any contemplation on how we're going to manage that or we're just going to address that as it necessarily comes along. So I would -- though the gentleman brought up valid points, it doesn't discredit what's already been done, and what couldn't -- I would rather we take what -- what staff has reviewed and submitted and adopt it for now and know that we can make adaptations as this plan continues to progress. COMMISSIONER TAYLOR: So you object to what -- (Simultaneous crosstalk.) October 27, 2020 Page 96 COMMISSIONER McDANIEL: I have no objection to what he said. COMMISSIONER TAYLOR: No, no, what our staff just said, that they could just adjust it. I'm sorry. That they could just adjust it. Right now they can make that -- COMMISSIONER McDANIEL: I have concern about making that adjustment on the fly without their capacity to review and overlook it. And, again, I'm not discredit -- taking away from what the gentleman shared with us. It's just this is a plan, and it's going to ever evolve. There's going to be more people looking at this now just because of this discussion than we've ever actually contemplated before. Now -- and so having said that, I would rather just leave it alone. I mean, if staff's okay with making those adjustments, then fine, but I'm always resistant on presentations that come in right over the counter, if you will. My other suggestion that I have that I would like to see as part of the process is sharing with the public the existing uses that are in place now and the capacities of those existing uses that are in place now. Because when I was reading through here, I was looking at, you know, some of the -- some of the adjustments in C-4, C-3, C-5, adjustments in existing PUDs. And so I would like to let the public know what those existing uses and allowances entail and just -- so we have a comparison as we go forward. I mean, everybody -- everybody has wants and wishes and things that they want to see in particular areas, but I want to make sure that we have information that's afforded to the public with regard to what those properties are already zoned for and what their intensities are. One of the things, as the gentleman spoke -- and forgive me. October 27, 2020 Page 97 I've forgotten your name already. MR. DEMIAN MILLER: Demian Miller. I forget it all the time. COMMISSIONER McDANIEL: How do you do? One of the things is it almost -- individually, properties come back to us over a period of time, and it ends up -- you've actually said it before. It ends up looking like spot zoning when, in fact, there is a plan that is in place, and then adjustments are made based upon the requisites of the property owner, the marketplace, and so on and so forth. So I didn't see when I was reviewing this -- I know what C-3, C-4, PUD and those allowances have, but I didn't see that comparison delineated here, so... MS. MOSCA: Commissioner, if I could just address just a couple items. So in regards to the first discussion about the map change, it's the Board's prerogative, but it's not an issue for staff to go ahead and make that clarification for the map. I think it is fair that we continue our studies and analysis to determine how much more green space is needed within the area and, as we continue that process, we'll be able to determine that much better. Additionally, you're correct, I don't think even in the technical memo did we list the actual land development ranges of uses, C-1 -- what does C-1 allow? Office and so forth. So we can do that. In the technical memo it does identify at least the different commercial zoning along the corridor and throughout the study area. COMMISSIONER McDANIEL: Well, there were pictures in the presentation that showed -- that showed different things than necessarily exist now. And so -- and ideas of what could, in fact, exist, and I just want to make sure that we're sharing with the residents, because people see a picture -- our public speaker spoke October 27, 2020 Page 98 earlier about the correctness of Map 5. People see a picture, and that's what it becomes. And I just want to make sure that we're expressing the allowances that are existent there today in comparison to what could potentially be there. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. What you're asking for is a true picture of today rather than what it's going to be. That's long been a contention coming up from the East Naples people along that corridor, because it is only a bike path. But I think what I'm looking at, this particular thing, this is just our beginning. COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: This is a starting point. And I want -- I want us to get to be -- to have a plan in place like the Golden Gate area -- yeah, their master plan is just outstanding, and it covers everything, and that's our goal. It might take -- Michele, it might take her years, though. But thank you very much. CHAIRMAN SAUNDERS: All right. Commissioner Fiala, why don't you go ahead and make a motion. I think we're ready for that. COMMISSIONER FIALA: I'd like to make a motion to approve as the beginning point for this study. CHAIRMAN SAUNDERS: In terms of your motion, do you want to add the map change, just the technical change? COMMISSIONER FIALA: Yes. Yes, thank you. CHAIRMAN SAUNDERS: All right. We have a motion. Is there a second? COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. Any discussion? (No response.) CHAIRMAN SAUNDERS: All in favor, signify by saying aye. October 27, 2020 Page 99 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. MR. OCHS: Mr. Chairman, you have two regular agenda items left. One is the PACE item discussion that was moved at Commissioner Taylor's request, I understand there's one registered speaker for that item, and then 11G, which is the proposed agreement with the United Arts Council. I'm advised there's 16 registered. MR. MILLER: No, actually, we have that many registered. We have six here in the room currently and five currently online with us. MR. OCHS: Okay. So 11 on that item. So just -- CHAIRMAN SAUNDERS: Let me ask what the pleasure of the Board is. We can go forward with this and probably be finished by 12:30, quarter to 1:00. COMMISSIONER FIALA: With 12 speakers? COMMISSIONER TAYLOR: No. CHAIRMAN SAUNDERS: All right. Do you want to take a break for lunch? COMMISSIONER TAYLOR: Yeah, let's take a break. COMMISSIONER FIALA: Yeah, I think so. CHAIRMAN SAUNDERS: All right. Do you want to ma ybe until 1:00? COMMISSIONER FIALA: Is that okay? CHAIRMAN SAUNDERS: It's okay by me. All right. We'll October 27, 2020 Page 100 be in recess until 1:00. COMMISSIONER FIALA: Good. Thank you. (A luncheon recess was had from 12:01 p.m. to 1:00 p.m.) CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting of the County Commission will please come back to order. Mr. Ochs has asked if we would take up the PACE issue since that's going to be fairly quick, and then we'll get to the United Arts issue. MR. OCHS: Thank you, sir. Let me just read that title, if I might, for the Board's edification. Item #11H – Moved from Item #16A8 (Per Agenda Change Sheet) RESOLUTION 2020-198: AMENDING RESOLUTION NO. 2019- 123 WHICH RE-ESTABLISHED THE PROPERTY ASSESSMENT CLEAN ENERGY (PACE) FOR COMMERCIAL, INDUSTRIAL, AND MULTIFAMILY PROPERTIES IN COLLIER COUNTY, REVISING THE STANDARD FORM MEMBERSHIP AGREEMENT WITH PACE PROVIDERS AND AUTHORIZING THE COUNTY MANAGER OR DESIGNEE TO IMPLEMENT AND EXECUTE NON-SUBSTANTIVE AMENDMENTS TO THE STANDARD FORM MEMBERSHIP AGREEMENT - MOTION TO APPROVE AS PRESENTED AND TO INCLUDE PROVIDING MULTI-LINGUAL FORMS/AGREEMENTS – ADOPTED MR. OCHS: This item was moved to the regular agenda at Commissioner Taylor's request. It was Item 16A18. It's moved to 11H. It's a recommendation to amend the existing resolution which established the Property Assessment Clean Energy, PACE, for commercial, industrial, and multifamily properties in Collier County by revising the standard form membership agreement and authorizing October 27, 2020 Page 101 the manager to implement and execute non-subjective amendments to the standard form membership agreement. Commissioner. COMMISSIONER TAYLOR: Yes. The issue I have I had -- and, again, I'm at the beginning -- sorry, I just haven't pulled this up yet -- is the bullet -- the one question I had and the one concern I had is the bullet that had talked about it wasn't necessary to give a prospective client a copy of the financial documents in the language of that -- of that person. And so I brought that out to the County Manager yesterday and asked that this be brought forward, but at the same time I called Elena Mola, and we all know that she was extremely involved in this, and she has written her concerns and actually amended the contract, which I gave to Jamie ahead of time so he had an opportunity to read it. But I think this makes great good sense. You know, when I learned and when I understood that the commercial -- we always kind of said, oh, gosh, the residential's a nightmare, but commercial is -- you know, is a pretty -- pretty easy thing. These folks are pretty savvy; they're commercial. And then they have to own their own property. And then if you read the first paragraph of Ms. Mola's comments, she said, according to the U.S. Census as of 2018, there were more than 43,800 commercial businesses in Collier County that were sole proprietors and family enterprises with one to three owner employees. Sole proprietors and family enterprises like individual homeowners do not have the resources nor the legal nor financial expertise to understand the very complicated and obscure financing structures, terms, and conditions of PACE. Additionally, of these, 11,000 are owned by minorities, many of which are foreign born where English is not their native language. So I think, that especially with the background of COVID, I October 27, 2020 Page 102 think PACE is a financing instrument of last resort, but I do believe with COVID and the challenges businesses have to stay afloat, I think they might be utilized more, which is not a problem, but I think we have to ensure that there is a standard by which everyone understands when they sign on the dotted line what they're getting themselves into, and this is what she has given us in terms of the exhibit and the -- and I should -- I guess we could probably put this on the visualizer, County Manager, of the amendments that Ms. Mola has made. And I have a sense she's on the line. No? Okay. MR. MILLER: Let me double-check that. I'll communicate off-line here. MR. OCHS: Commissioner, if I might, when we spoke, you had a concern about one of the four proposed changes to the standard form agreement. COMMISSIONER TAYLOR: Correct. MR. OCHS: Is that still the case, or do you have more changes? COMMISSIONER TAYLOR: This amplifies my concerns. MR. OCHS: But still with that one issue? COMMISSIONER TAYLOR: Oh, yes. Oh, yes. MR. OCHS: Okay. COMMISSIONER TAYLOR: This is -- amplifies -- this is -- even amplifies more what I was trying to communicate or what I did communicate with you. MR. OCHS: Sure. Mr. Chairman, if I could ask Mr. French to just explain the -- CHAIRMAN SAUNDERS: Sure. MR. OCHS: -- change on that one item having to do with the literature. CHAIRMAN SAUNDERS: Mr. French. MR. FRENCH: Sure. Good afternoon, Commission. Jamie October 27, 2020 Page 103 French, your Deputy Department Head for Growth Management. Commissioners, this dates back pre-COVID. They had -- the PACE providers had reached out to me probably around the first of the year with about 20 or 30 different items that they would love to amend. We narrowed it down to four that staff could bring forward. On Paragraph 12, which is what Commissioner Taylor's referring to, is -- and I don't necessarily know. I spoke with the Commissioner even as of yesterday. I don't necessarily know that it is a dealer killer -- I think that was the question I was asked -- for PACE as to whether or not they had to have printed literature versus making the literature available upon request. And I think this was a cost-savings measure. I know Devesh Nirmul from Counterpointe is here. He's a registered speaker as one of the lenders, and I know he's worked very closely with staff and with the Commission over the years. But that was one of the questions that was brought up. Staff has no opinion, quite honestly, whether it be printed material readily available or whether it be available on request or on their website or closing documents or their financial statements, it would be -- we simply wanted to make sure that it was there for the consumer should they need that in a different language, whether it be Haitian/Creole and in Spanish. CHAIRMAN SAUNDERS: All right. Mr. Solis? COMMISSIONER SOLIS: I've got a couple questions. How many of these have we had in a commercial context and how many in a multifamily context; do we know? MR. FRENCH: So to date, sir, after that resolution that I brought forward to this board in July of 2019, we've had zero. We have no agreements on record with any PACE provider. COMMISSIONER SOLIS: Oh. MR. FRENCH: So there's been no commercial loans -- lawful October 27, 2020 Page 104 commercial loans that have been approved by this board; no contracts. COMMISSIONER SOLIS: No contract -- okay. And both on a commercial side, and it also applied to multifamily? MR. FRENCH: Right. That's correct, on commercial structures. So although we have a great deal of respect for Ms. Mola -- she's exceptionally smart and very well educated in this field -- when she talks about those numbers, we would -- and I got this document about 20 minutes ago. But we ran some just very quick numbers off address points, and just at a range of C-1 through C-5, actually address points that would be attached to a building that would qualify for these type of loans, and we're roughly -- and these are really rough numbers, about 5,700. So her numbers may reflect business owners that are at-home businesses. COMMISSIONER TAYLOR: Okay. COMMISSIONER SOLIS: And the -- you couldn't -- because of what we did before, it's not available to refinance -- or to finance a roof or something on a residential property. It has to be a commercially zoned property. MR. FRENCH: So it can be residential, but it would be considered commercial construction. So -- COMMISSIONER SOLIS: Okay. MR. FRENCH: -- if it was a fee-simple property where you own the ground underneath of you like an attached single -family structure, which -- like a townhouse, those would not qualify, but if you were part of an association, a very large condominium building or an apartment complex that is used primarily for residential use, those would qualify, because we're really talking about an association or an HOA that owns the shell of the building. COMMISSIONER SOLIS: Okay. Well, that was kind of the second half to my question was, as I recall, it applied to commercial October 27, 2020 Page 105 properties and would be -- we would leave it available for multifamily. MR. FRENCH: That's correct. COMMISSIONER SOLIS: But you're just saying that the multifamily is considered a commercial for this purpose. MR. FRENCH: Under the building code, it's considered a commercial structure for residential use. COMMISSIONER SOLIS: Okay. So whether it's just a strictly commercial building or a multifamily, we haven't had a single one of these? MR. FRENCH: We have no contracts in place, and we've not brought anything to the Board. We have three of them pending right now. COMMISSIONER SOLIS: Oh, okay. So there's three pending. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: I think -- and thank you for that clarification. And I think the issue is the language and the requirement that whoever we -- whoever PACE signs up, signs up to use their financing, that they understand clearly, clearly what it is and what the payments are and allow them time instead of having it given to them on an iPad and digitally, and they sign their name. I believe the reason there's no more -- there's not any more commercial involvement with PACE is their choice, right? Did they not -- didn't you say that they didn't want to do business with us until we changed this to the way they wanted to or something? MR. FRENCH: I don't think that either of the PACE providers or I fared very well over our multitude of different discussions that we've brought before the Board, so I think maybe they took a pause. I don't know. I don't know if they had to go back and make a October 27, 2020 Page 106 determination as to whether or not Collier was a good market for them or not. COMMISSIONER TAYLOR: And I believe the Ygrene's name has now changed to something else. They're now another entity. MR. FRENCH: They very well may be. We've not heard from -- the representative, I know her name was Kate with Ygrene. She has reached out to us, and maybe Devesh can speak of that. Maybe he's got more insider information than we do, but we did lose all communications with them up until about the first of this year. COMMISSIONER TAYLOR: I think my concern is in a county where we have 67 different languages spoken in the schools, the least a lender such as PACE, when they came in, could pre sent them written material in three languages, English, Spanish, and Creole, and allow that to be part of their presentation and that it is given to everyone, and there's a -- there's a lag time between when it's given so to give the possible client time t o review it before they knock on the door again and said, okay, are you ready to. Having lived in a foreign country for a period of time, I know how you, as I did -- as I did. I'm not saying everybody does this. I pretended I understood without understanding because I really wanted to be accepted. I really wanted to do business. And sometimes things can be misunderstood. And I think giving -- giving someone time to review it and having it in three languages that they -- it's a printed document and they have it in front of them, I think that's a -- that's just a small thing to ask, and I can't imagine it would be a deal breaker, but I guess we'll hear from Devesh. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Just kind of a logistics question. So these revisions that we have, has staff looked at these, and has the October 27, 2020 Page 107 County Attorney looked at these? I mean, I just hate to make a decision if they haven't had a chance to review them. COMMISSIONER TAYLOR: This was just given to me this morning. COMMISSIONER SOLIS: Oh, okay. Okay. COMMISSIONER TAYLOR: I've given everyone a copy, but I'm not -- I would not presume that everyone had an opportunity or even PACE had an opportunity. CHAIRMAN SAUNDERS: Do you have an extra copy? COMMISSIONER TAYLOR: Yes, I do. COMMISSIONER SOLIS: And one other thing is, so there's three applications pending. How would -- how would amending this, even if it's just what staff's recommending, would this affect those three pending applications? It wouldn't, right? MR. FRENCH: No. Thank you, Commissioner. For the whole, the program doesn't change. These are very minor, de minimis changes just to the agreement language, but the program in and of itself is untouched. COMMISSIONER SOLIS: Okay. COMMISSIONER TAYLOR: And if there's one -- there's one more issue that I think is -- needs to be brought out also, if we have consensus on this commission. I think because it's PACE and we've had quite a -- spent a lot of time up here going through the residential part and now the commercial, I think whenever there is any kind of changes to the agreement, the membership agreement between PACE or the provider and Collier County, that it just be put -- if it's de minimis changes, they need to go on the agenda and not be left to the County Manager's Office to make. Now, they can make them, but give us an opportunity as a commission to review those changes. I just think that's just a fair way to go forward. October 27, 2020 Page 108 Thank you. CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, it is Ygrene Energy Fund is the name of the Ygrenes that you were talking about that had a name change. Their new name is Ygrene Energy Fund. COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: And I, as well -- I think I heard anyway. I've got concerns about making adjustments like this on the fly. And my question is, is this something we have to do today? MR. FRENCH: No, sir. This was brought to you as a request -- COMMISSIONER McDANIEL: Could it be -- could we continue this item, give staff and the County Attorney a chance to look at this? I mean, it's -- I mean, I certainly don't see an issue with, when requested, people getting the documentation in the language that they're most familiar with. So I would feel a lot better if we allowed our staff and the County Attorney to review these adjustments and bring it back. CHAIRMAN SAUNDERS: All right. We do have some speakers, or at least one speaker. MR. MILLER: Yes, sir, Devesh Nirmul. CHAIRMAN SAUNDERS: Why don't we hear from the speaker, and then we'll entertain a motion to continue if that's the desire of the Board. MR. NIRMUL: Good afternoon. Devesh Nirmul with Counterpointe Energy Solutions, the agency administrator for the Florida PACE funding agency. Let me just -- if I could just first say, logistically, the reason we have the item -- the industry wants the item to moved forward is we have not done any projects since the opt-out of the PACE because October 27, 2020 Page 109 part of that opt-out was a complete opt-out, and then it was going to come back for commercial only. So with that guidance -- the district takes that very seriously -- we were not, you know, offering any projects up for consideration. COMMISSIONER McDANIEL: Oh. MR. NIRMUL: So that's where we are, and this is why -- we've been waiting on it. With COVID, we've had a delay. Now, there's actually a project. I think, Commissioner Taylor, you were on a call. We had a developer that was -- that had called in -- COMMISSIONER TAYLOR: Yes. MR. NIRMUL: -- about two months ago, and they've got an ALF project they'd like to get moving before the end of the year. So there may have been a multifamily in the past. Multifamily is a common sector. And, traditionally, Commissioner Solis, that multi -- the definition of commercial in most of our local governments we've worked with includes multifamily residential. Anything above -- over four units, I think. And I will make the comment that I think, with the language, commercial PACE is -- it's a scale that we work with in our district, which are medium-to-large deals. We're talking 700,000 to several hundred -- to several -- you know, maybe up to 50 million. Those transactions typically deal with large owners of real estate or companies that they own their own factory and manufacturing facility type of thing, for example. On the lower end, things that might look similar to residential where you call a contractor, you've got a broken roof and they're like, well, I can use PACE on your business, and if you own that business, it's -- a $25,000 roof, it's a small little, you know, building, that would function more like the traditional where, yes, you'd want to make sure -- and I would -- I will say I don't work for Ygrene, but I October 27, 2020 Page 110 know that they do multiple -- those three languages in South Florida where they have smaller commercial projects. We don't really touch those scale-type projects. The marketing we do is really -- I'm very strategic. Our time is limited. We go to commercial like NAIOP, ULI, organizations that can educate owners, because residential PACE is demand-driven. Commercial is very much an education piece. I just got off a call this morning with Highland's County Economic Development. They just opted into PACE. One of their investors in an old Georgia Pacific building that's been sitting there for 10 years said, look, I've used PACE before. I need it in order that I can retrofit this property back to a level where I can get it working for my business. So very nuanced, and there's high levels of understanding if -- on the capital stack. If the bank knows that the PACE is on there, there's lender consent above a million. So I would just say that I think any of the providers, if the owner of the business or the building has already gotten language for their primary loan in whatever language they needed, we would be happy to oblige. I don't think there's any -- but active creation of documents is something that we don't typically do in any new jurisdiction. We do work with economic development. We do work with those partners on co-marketing to make sure we follow their guidance; CRAs, et cetera, so... CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: So would you object to making sure that the -- I guess the terminology is the provider, correct? MR. NIRMUL: The capital provider, yeah, the PACE provider. COMMISSIONER TAYLOR: The capital provider has on hand the contract in three different languages in writing so that that could be given to whomever they wanted to do business with? MR. NIRMUL: Yeah. I would say that that -- if that's the way October 27, 2020 Page 111 that -- I mean, just like small -- I don't understand the small deals as much, because we do the medium/large. But I know from what I know, those smaller deals, they involve minority ownerships that require that language, they would be delivered a financial agreemen t in those languages. COMMISSIONER TAYLOR: So this contractor is between who you represent and Collier County, not Ygrene? MR. NIRMUL: There are two PACE districts that are on agenda -- that we're supposed to be on the agenda today. Jamie here? Is Green Corridor on it, or is it just -- MR. FRENCH: At this point, I don't know. MR. NIRMUL: I think it's just Florida Green Finance and Florida PACE Funding. So Ygrene Corridor is not on the agenda today, I don't believe. COMMISSIONER TAYLOR: And so you don't do business with the smaller proprietors, sole proprietors? MR. NIRMUL: We will do -- it's about the size of the deal, typically. We're doing anything from, like, 1 50K above, typically, and that 150K is typically smaller, in a small site. But yes. COMMISSIONER TAYLOR: So do you object to this, what we're talking about, to have it in writing in three different languages in printed form? MR. NIRMUL: My -- all I can say is I think we need to go back, because I think if there's a primary loan o n that property with a mortgage company and they've done that, the same thing, then I think we need to meet that standard. That's my first instinct on this. CHAIRMAN SAUNDERS: Can we delay this until our first -- MR. NIRMUL: I do need to check with our folks. CHAIRMAN SAUNDERS: If we delay this until our first meeting in November, is that going to present any problems? I think that's November 10th. October 27, 2020 Page 112 COMMISSIONER TAYLOR: Yeah. It's early November. MR. OCHS: November 10th. CHAIRMAN SAUNDERS: Is that correct? MR. NIRMUL: I think it shouldn't affect the project. The question would be then, would the agreements be done at the same time, or are you going to go back and -- COMMISSIONER TAYLOR: No. MR. NIRMUL: -- will the agreements take another -- MR. OCHS: Yeah. We had two specific agreements that were -- that we were waiting for action on this item to be able to execute, and part of this recommendation was to allow the County Manager to implement and execute non-substantive amendments, which those were. So if the Board had approved this, I would have gone ahead and executed those two specific agreements. But I heard Commissioner Taylor and, I think, Commissioner McDaniel saying they would prefer the Board approve all these, so -- COMMISSIONER McDANIEL: No. MR. OCHS: -- if that's the case, we'd bring them back. Oh, I'm sorry. COMMISSIONER McDANIEL: You didn't hear me say that. MR. OCHS: I apologize, sir. That was just Commissioner Taylor then. So the two that he's referencing are not on your agenda today. They can come forward on November 10th if the Board doesn't want to allow the administrative approval. CHAIRMAN SAUNDERS: Commissioner McDaniel, you're lit up there. COMMISSIONER McDANIEL: I was looking for the continuances just because of the new data. It ended up down that way, but I haven't gotten it, so -- it might be there, but I haven't looked at it. And I was recommending the continuance on the October 27, 2020 Page 113 premise that our staff and County Attorney needed to review it or should review it. My question, I guess, that I have is, are you suggesting that these lenders, irrespective of the language spoken, have preprinted forms in all three languages all of the time, not upon request? COMMISSIONER TAYLOR: Not upon request. That they -- that it is part of the package. Knock at the door, you want to do business, here is the agreement. Give them time to review it, come back, seal the deal. COMMISSIONER McDANIEL: In advance of knowledge of the language spoken by the customer that's wanting to do business. COMMISSIONER TAYLOR: Well, if they're English, you give them English. But it's written and you give it in advance. If they -- if Spanish is their native tongue or what they understand, you give it to them in Spanish. Creole would be the same, but certainly not three -- COMMISSIONER McDANIEL: But -- and I'm just wondering where you're going. It doesn't seem -- it doesn't seem functional to me to go in advance and print in all three languages when you don't know what the language of the particular customer is that's looking to transact business, but upon request I can say, give me the language, give me this information. I want these loan docs and this information in a language that I'm comfortable in understanding. COMMISSIONER TAYLOR: Well, I think -- I think -- I think it's a foregone -- I think the proof is in the record, and I think it's very important to have this in the language that the person that you're trying to lend to can understand. COMMISSIONER McDANIEL: I'm saying the same thing -- COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: -- but I don't see the rationale of forcing the lender to print it in multiple languages -- October 27, 2020 Page 114 COMMISSIONER TAYLOR: No, no, no, no, no. That was just -- I was -- I'm a visual person, you know. Okay. English is your mother tongue. Here it is in English. Oh, you know, Spanish is your mother tongue. Here it is in Spanish. COMMISSIONER McDANIEL: And so the Paragraph 12 there, upon request, we're necessarily saying the same thing. COMMISSIONER TAYLOR: But not upon request. You would just -- automatic, you give it to them. MR. OCHS: Commissioners, if I could, I think what we're talking about here is not just the contract. I'll ask Jamie to step up. But all of their printed materials and their marketing materials currently, I believe they're required to have all of that preprinted in three different languages available, readily available, and the proposed change is to make that available upon request. COMMISSIONER McDANIEL: Right. MR. OCHS: That's essentially the issue. So if we can get directive one way or the other on what the Board's preference is, we can at least bring this back on the 10th with what you want. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: It was just another question on the history of this thing. Has there been uptick in other areas that have the PACE program for commercial properties? Has the use of it changed since the pandemic kicked in or -- MR. FRENCH: We're unaware of any market condition changes that would -- COMMISSIONER SOLIS: Okay. MR. FRENCH: -- other than current growth in our own community, sir. COMMISSIONER SOLIS: Okay. And so the change is to include printed literature. Must be readily available upon request in the three different languages. That's what we want to change it to. October 27, 2020 Page 115 COMMISSIONER TAYLOR: No. MR. OCHS: Yeah, that's correct, as opposed to readily available in advance, regardless of whether they request it. It's all preprinted in three different languages. COMMISSIONER SOLIS: Okay. I mean, I think -- I see Commissioner Taylor's point. I'm just -- I'm not sure that we're -- it doesn't say the same thing. I mean, in order to have the right language preprinted to give to them, they would have to tell you what their language is. Yeah, I'm -- I'm good either way. I mean, I really -- CHAIRMAN SAUNDERS: I think I would go with -- COMMISSIONER SOLIS: This isn't an issue. I mean, we've only got one or three applications. One's in -- I heard one's a developer. MR. FRENCH: Yes, sir. So there's a development that is interested in the PACE program that Devesh brought forward to us. COMMISSIONER SOLIS: Okay. MR. FRENCH: Currently, we had two contracts ready to bring forward, agreements and, like I said, we speak with PACE now more than -- more often than ever, but it's only on the commercial side. So we have two loaded up ready to be presented to the Board. COMMISSIONER SOLIS: And none of these are like a residential property, a single-family home? COMMISSIONER TAYLOR: No. COMMISSIONER SOLIS: These are 150,000 or up? MR. FRENCH: We don't know the value, sir -- COMMISSIONER SOLIS: Okay. MR. FRENCH: -- but what I'll tell you is that they're not allowed to do one- and two-family structures. COMMISSIONER SOLIS: Right, okay. CHAIRMAN SAUNDERS: My view is that it should be October 27, 2020 Page 116 available upon request; that there shouldn't be any need to just have that available. A lot of folks that are going to be getting these loans speak English and Spanish or Haitian and English. So let them request whatever they want. Now, I don't know if that's what -- kind of what the majority is feeling, but what are the decisions you need us to make -- MR. OCHS: I think that's it, sir. We had four minor changes or administrative changes proposed. That was the one area that I think Commissioner Taylor had a particular concern about, and the rest I don't believe there's an objection to. CHAIRMAN SAUNDERS: So if the consensus of the Board is to have those available in those languages upon request, if that's the majority of the Board, we make that motion, do we need to bring this item back? MR. OCHS: No, sir. The only other element you need to deal with was whether or not you want the County Manager to be able to execute non-substantive amendments or, as Commissioner Taylor said, bring everything back every time to the Board. CHAIRMAN SAUNDERS: Let me ask the Board, then, a question. First, on the having this available upon request, is that the consensus of the Board? COMMISSIONER McDANIEL: Yes. COMMISSIONER SOLIS: I think that's fine, yeah. CHAIRMAN SAUNDERS: A reluctant yes from Commissioner Solis. Commissioner Fiala. COMMISSIONER FIALA: I think most people do have something on that -- CHAIRMAN SAUNDERS: Commissioner McDaniel. Okay. So that issue, I think, is resolved. Then the second issue is, do we want these minor changes to come back to us? I personally have no preference one way or the October 27, 2020 Page 117 other. COMMISSIONER TAYLOR: I think they should be put on the consent. COMMISSIONER SOLIS: Could we just define what would not be a minor revision? MR. OCHS: Yeah, Commissioner. I'm going to ask the County Attorney for some help on this one. He and I had a brief discussion about this. MR. KLATZKOW: Yeah. For some reason, lenders just can't sign a form document. They're over -lawyered, I guess. And what I saw was just absolute knits as far as changes go. Nothing that was material or subjective. Our office looks at these documents. Anything that was substantive, we will say no to, and -- CHAIRMAN SAUNDERS: All right. That certainly would satisfy my concern is that if it's -- if the County Attorney determines that it's substantive, then it has to come back to the Board? MR. KLATZKOW: Yes, sir. COMMISSIONER McDANIEL: So let's make a -- how about if I make a motion to approve as presented? CHAIRMAN SAUNDERS: All right. That includes the "upon request" language? COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Second. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Then I'll call for the vote. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. October 27, 2020 Page 118 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN SAUNDERS: Okay. That passes 4-1. MR. OCHS: Thank you, Commissioners. Item #11G - Continued from the October 13, 2020 BCC Meeting AN AGREEMENT WITH THE UNITED ARTS COUNCIL OF COLLIER COUNTY IN SUPPORT OF ACHIEVING THE STRATEGIES OUTLINED IN THE BOARD ADOPTED COLLIER COUNTY ARTS & CULTURE STRATEGIC PLAN; APPROVE A WAIVER FROM THE COMPETITIVE PROCUREMENT PROCESS FOR THE UNITED ARTS COUNCIL AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM - MOTION TO CONTINUE THIS ITEM TO THE SECOND MEETING IN JANUARY, 2021 – APPROVED MR. OCHS: That moves us to Item 11G. This item was continued from your October 13th meeting. It's a recommendation to approve an agreement with the United Arts Council of Collier County in support of achieving the strategies outlined in the Board-adopted Collier County Arts and Culture Strategic Plan. Mr. Callahan will make a brief presentation. MR. CALLAHAN: Good afternoon, Commissioners. For the record, Sean Callahan, Executive Director of Corporate Business Operations. To give you a little bit of background of how this contract came to pair [sic], in 2016 we did an arts impact and economic study -- or sorry, an arts and economics impact study that was led by the United Arts Council and some of their partners; found out that the non -profit October 27, 2020 Page 119 industry -- arts and culture industry generates about $107 million in annual economic activity; supports a little bit under 3,000 jobs, and generates over $10 million in local and state taxes. So we contracted for a countywide arts and strategic -- or arts and culture strategic plan to define what our role should be. It was done over time with a large group of a task force that put this plan together, and it was adopted by BCC in March of this year, at your March 24th meeting. At the same time, that contract was done with -- under the guise of the cultural planning group, which was a consultant that helped us with the countywide plan. In December of last year, we amended their contract to place the CRA public art master plan, which is a larger recommendation for the countywide plan to develop a public art program, but this board approved in December to moved forward with the Bayshore CRA as a pilot for that program. So, largely, the plan is -- the Arts and Culture Strategic Plan is built around building a creative economy on supporting cultural tourism here in Collier County. You can see elements of that throughout the plan, but some of the different goals that were outlined, specifically Goal 1.2.2 of the plan, was to assign the State of Florida designated Local Arts Agency as the county's official cultural agency, which is currently the United Arts Council of Collier County. And as -- a sub-recommendation to that goal was to establish a contract for services with defined roles, goals, funding and accountability for the county and that local arts agency again which is the United Arts Council. So that's the contract that you have before you today was that recommendation. Throughout that, we crafted deliverables that were based on that Arts and Culture Strategic Plan. The first of which was to implement a cultural calendar management system, which was Goal 4.1.3 of that plan, and that was really to bring al l of the different arts October 27, 2020 Page 120 and culture events that were happening in the county into one calendar so those could be featured and rolled up throughout the ParadiseCoast.com website as well to help with having an in-sync calendar of all the events that were going on here. The second one was quarterly meetings with our arts and cultural partners. As I mentioned, this plan was put together with a wide swath of the community and this task force, and there's several different quarterly meetings that will happen so that there's coordination in between that community. It will roll up into an annual state-of-the-arts presentation to the county for how we're doing on that. So there were several goals within the plan that spoke to that and recommended that. Deliverable 3 was to establish a Collier cultural concierge program which was a very wide partnership led by the United Arts Council to develop different events and programming throughout the county. That was Goal 2.11 of the plan. Deliverable 4 was to develop a county public art program in cooperation with the CRA. So, again, the larger plan recommended that we come up with a countywide public art program. In December the Bayshore CRA started to work on a pilot program that could be replicable for the rest of the county. Deliverable 5 was develop a cultural community space in the Bayshore CRA. That is part of the CRA public arts plan that will be coming to you at your November board meeting for approval. Deliverable 6, Goal 5.2 of the plan, was to establish and manage a Cultural Trust Fund for private donations. So this first iteration of this plan is supported by both tourist development tax funds and CRA funds in cooperation, since b oth of those communities have an interest in what we're implementing here, but we didn't want to rely just on government funding to be able to implement some of the larger community events. So during the plan October 27, 2020 Page 121 it was suggested that in conjunction with a local philanthropic -- local philanthropic non-profit that we establish this Cultural Trust Fund notated such as the Community Foundation of Collier County. They, obviously, have a large interest in the arts as one of their focus areas in their annual fundraising. So, with that, to cover the funding in the plan -- so TD tax will cover $50,000, the Community Redevelopment Agency will cover $75,000 to implement those deliverables. The Cultural Trust Fund, if this contract is approved, will be established. Moving forward we'll solicit private donations for implementation of some of the different strategies in the fund. So with that, I'll take your questions. CHAIRMAN SAUNDERS: Any questions or comments from the Commission? We do have quite a few people registered to speak. All right. Let's go through that. MR. MILLER: Yes, Mr. Chairman. We have seven speakers here in the building and six registered onli ne, and we'll alternate between the two. Your first speaker is Paul Gower. He will be followed by Alyssa Haney and then Bill Drackett. For the speakers here in the room, I'd like to remind you to alternate between the podiums, if you would, please, and speakers at home, please be ready to unmute yourself when your name is called. CHAIRMAN SAUNDERS: And we do limit speakers to three minutes. MR. GOWER: Good afternoon. My name is Paul Gower. I'm a resident of Naples in the Bayshore district. MR. OCHS: Sir, excuse me. If you'd pull that microphone a little closer. Thank you. MR. GOWER: Better? Okay. Paul Gower. I live over on Botanical Place in the Bayshore district, resident of Naples, local October 27, 2020 Page 122 artist. I've been a resident of Naples for two-and-a-half years now full time. Came down here for my second retirement. And my second retirement was my time to now focus on doing my artwork. One of the first organizations that I got in touch with as of coming down here was the United Arts Council to get a little bit of an overview what the arts community was like and what the activities were in the area. After that I became quite submerged in Naples Art as a volunteer there. And if anybody of you -- any of you have ever attended any of their receptions for any of their exhibits or shows, I was one of the ones doing the food and hospitality for Naples Art. Over the two-and-a-half years, a short period of time, relatively, I've had the opportunity to exhibit the council chambers. I was your featured artists during January of 2020 this year which I'm really glad that I had the opportunity to do that. So -- and with getting to meet the people around the area and getting to know the people of the United Arts Council and being involved as a participant and observer in the cultural and strategic arts endeavor, the United Arts Council has been there every time and has been a real core part of the development of that and their interest in that. So in that regards, I wanted to say I support their contract with the Collier County to be accepted. Recently -- and I don't represent Gulfshore Life or the editor, but in her -- from the editor, Life and Art, the featured -- the article -- the whole magazine, actually, was an -- featuring the arts in the area in Gulfshore Life. The last sentence she makes a statement saying, as such, art remains perhaps the most valuable investment we can make, both personally and for our community. Thank you. MR. MILLER: Your next speaker is Alyssa Haney. She will October 27, 2020 Page 123 be followed by Bill Drackett and then Hyla Crane. Ms. Haney, are you with us, ma'am? Alyssa Haney, are you with us online, ma'am? You may need to unmute your mic. MS. HANEY: Can you hear me? MR. MILLER: Yes, ma'am. Please begin. You have three minutes. MS. HANEY: Good afternoon. My name is Alyssa Haney, assistant vice president at First Florida Integrity Bank and the president of the United Arts Council of Collier County, a lifelong resident of Naples, and I'm also a passionate arts advocate. I'm thankful to you for this opportunity to voice my opinion this afternoon. The UAC's sufficiently detailed contract with the Board of County Commissioners has identified key projects that can start immediately and will attract visitors, result in increased revenue for arts and cultural organizations, and impact Collier County's revenue. As I'm sure you're all aware, the creative economy is one of those sectors most at risk from the COVID-19 crisis. Arts and culture is one of the three key sectors, along with science and technology as well as business and management, that drives regional economies. So any lasting damage to the creative sector will drastically undercut Collier County's culture, well-being, and quality of life. Approving this contract, a collaborative contract that even prior to this pandemic has been supported by some of the most recognized arts and cultural organizations, individual artists, merchant associations, businesses, the Cultural Redevelopment Agency, the Tourism Development Council, the Cultural Planning Group, the UAC board of directors, and the community will be not only a long-needed lifeline for the arts and culture organizations in Collier County, but a catalyst for forging a past -- a path, rather, out of the October 27, 2020 Page 124 tumultuous unpredictability this pandemic has caused for so many organizations. Without the approval of this contract, the Cultural Trust Fund established through the Community Foundation of Collier County where private dollars will be directed toward matching public funds will cease to exist. Your steadfast and forward thinking that allowed this plan to develop and your continued support of the United Arts Council and the arts in Collier County is immeasurable, and I am thankful to each of you for your support. Thank you. MR. MILLER: Your next speaker is Bill Drackett. He will be followed by Hyla Crane and then Susan Gibsons. MR. DRACKETT: Good afternoon, Commissioners. I'm Bill Drackett. I am a resident of the Bayshore Culture Arts District, a long-time resident of Naples, and a member of an extended family that has been very supportive of the arts over the decades. I am also past president of the Cultural and Performing Arts, CAPA, which has merged with the United Arts Council. I've also been in contact with Donna McGinness and the Naples Botanical Garden and also Kathleen van Bergen of Artis Naples. Both are very supportive of this contract and your long-term commitment of the arts through this study and moving forward. They both apologize for not being able to be here. Kathleen, in particular, wanted me to point out that she's not able to be here because they are installing the Chihuly exhibit that was partly funded through the county and the tourism, so she's hard at work for you already. This contract, this process is very exciting. We all encourage you to continue your support of the arts, and this is the first step in that path, and I encourage you to approve it, as do Kathleen and Donna, to get this process going as soon as possible. October 27, 2020 Page 125 And it's a small sand in the beach of the size of the contract but will have great return on investment. And I would be remiss if I did not also thank Commissioner Fiala for her long service to this county and her love for this county and for the arts. And I look forward to getting this approved on her last official meeting. Thank you. MR. MILLER: Your next speaker is Hyla Crane. She will be followed by Susan Gibbons, and then Laetitia Dawson. Ms. Crane, are you with us online, ma'am? MS. CRANE: Yes, I am. MR. MILLER: You have three minutes, ma'am. Please begin. MS. CRANE: Thank you. Good afternoon, Commissioners. My name is Hyla Crane, and I'm the Executive Director of the Marco Island Center for the Arts. Many organizations, including this art center for which I work, worry about survival these days, and there's no doubt that some of us will not make it in the end. We need help now. The need to advance the operational plan by approving the UAC's agreement is critical to ensuring the ongoing existence of the creative sector in Collier County. Time is of the essence. I believe the UAC's agreement has already identified key programs immediately ready for implementation that will raise revenue for arts and cultural organizations, attract visitors, and increase Collier County's revenue as it becomes known as a cultural destination. Furthermore, I've been advised that the United Arts Council has reached out to the Community Foundation of Collier County to establish a Cultural Trust Fund where private dollars ca n be directed towards matching the public funds coming from Collier County. Without the Collier County UAC's agreement, there may be no Cultural Trust Fund established. October 27, 2020 Page 126 The UAC has also made a commitment that when raising funds to implement the agreement's goals, they will be directing private dollars to the cultural trust fund. It is my understanding that the United Arts Council will not be competing with other cultural organizations as it is their duty as a local arts organization to provide services and support for all arts organizations, artists, and for this local community. I thank each and every one of you for your attention to this matter. MR. MILLER: Your next speaker is Susan Gibbons. She will be followed by Laetitia Dawson, and then Bryce Alexander. MS. GIBBONS: Thank you, Commissioners, for the opportunity to speak with you this afternoon. And first, congratulations on your approval this past spring of the Collier County Arts and Culture Strategic Plan. My name is Susan Gibbons. I'm a 10-year resident of Collier after moving here from New York City. As background, I enjoyed an extremely rewarding career in the computer industry as a lifer with a multinational doing marketing initiatives through business partners. When I relocated or considered locating to Naples, the availability of good arts was a mandatory requirement. So even before I was unpacked, I had joined boards and committees of Naples arts organizations. I was very impressed with the variation of arts programs in this incredible community. Performing, visual, culture, literary; it's boundless. I've, therefore, been dedicated to contributing time, talent, and treasure to many organizations as a philanthropic as well as providing marketing efforts. I've even been told I hold an informal award for most galas attended. I'm evaluating this United Arts Council as a business case for marketing visibility and economic impact. This comprehensive art October 27, 2020 Page 127 plan has been applauded by both the public and arts group as an effective foundation for much needed and long requested arts programs across Collier. This plan is a major opportunity to greatly enhance Collier County's image as a cultural arts destination with serious nationwide potential. The UAC contract is a first step in implementing the arts plan, recognizes a driver of economic growth and tourism, with documented financially justified programs and benefits and, therefore, this investment was unanimously approved by the Tourist Development Council and the Bayshore/Gateway CRA board. These programs are needed now by virtually all elements and sectors of the economy in Collier. Hospitality, tourism, arts, government, community, and education, especially during COVID, we quickly need programs for children to enhance learning, creativity, adaptability, and emotional growth. The UAC can start programs now to attract visitors, boost the economy, and increase revenue. And they're going to develop a template so that these programs can be replicated across Collier. To support this plan, the UAC has a new partnership with the Community Foundation of Collier County. I've been working with the Community Foundation to initiate this plan, and I will be working and engaging the philanthropic community to drive contributions to this fund. These programs are not competing. These are title support programs that will benefit all arts organizations across the Collier. Thank you very much for your support of the arts and this project, and I will continue -- committed to be involved in this project as it deploys and enhances Collier's reputation as a cultural destination. Thank you very much. October 27, 2020 Page 128 MR. MILLER: Your next speaker is Laetitia Dawson. She'll be followed by Bryce Alexander and then Sally Woliver. Ms. Dawson, are you with us online? MS. DAWSON: Good afternoon. Yes. Thank you. MR. MILLER: You have three minutes, ma'am. Please begin. MS. DAWSON: Thank you. My name is Laetitia Dawson, and I'm a Bayshore Arts District resident and property owner. Thank you for allowing me to address you this afternoon. My family and I have lived in Naples now since the summer of 2016, and in a few weeks we're going to celebrate our four-year anniversary living in the Bayshore Arts District. We knew the area was up and coming when we purchased our home here, but we didn't really understand the whole vision. As we participated in the CRA and learned more, we really became excited about the opportunity for growth and development of the arts here in Bayshore. So I'd like to address two key points today sharing my thoughts: First, when I heard about the UAC contract -- honestly, I work in finance and planning and budgeting, and I thought, well, why do we need a contract? You know, is this really where we want our tax dollars to go? So I read the arts plan. I started doing research. I participated in the surveys online. I thought about cities and towns that we've visited that really have a true presence of the arts -- we have a lot of that over on the East Coast here in Florida -- and I realized that that true presence doesn't happen by accident, and it doesn't happen for free. It takes planning, it takes coordination, and it takes execution. It takes staff with a responsibility and commitment. We're very blessed to have terrific county staff here in the Bayshore CRA, and now we have the opportunity to have that same caliber of staff with the arts expertise from UAC. October 27, 2020 Page 129 And as Mr. Callahan presented, we've followed this process carefully through to arrive here today. So as a result, I think there's a well-constructed contract with very detailed deliverables and an ideal handling of funds through the establishment of the Cultural Trust Fund. And after learning all these details, I applaud the effort put into crafting this contract so we can really have a vehicle to execute the next phase here in Collier County, and especially in Bayshore as the first pilot. As I mentioned, I work in the private sector, so I had to adapt to the processes and, you know, to my second point today, you know, there's a lot of processes and procedures to make sure that the commissioners and the county staff follow to be good stewards of our tax dollars. And, you know, we appreciate that. We can't make knee-jerk reactions. And at the same time, I also understand very clearly that the COVID-19 has reduced our tax revenue. So we have to scrutinized spending more than maybe we would have normally. We have to be careful, but we also have to continue moving forward. We have momentum here in the Bayshore Arts District. Now is not the time to stop and hold back. Commissioners, I ask you to keep supporting the arts here because the arts will have a creative effect on Collier County revenues. Continuing to redevelop Bayshore will positively impact Collier County overall. Commissioner Taylor, as our commissioner here, I directly implore you to please support the arts in Bayshore. You were there for us when we needed you previously with some of the unsavory actors we had in our neighborhood and negligent landlords. Please give us your support now in this critical time so we can make additional progress transforming Bayshore into the arts district. If we want to continue to brand the Bayshore area as an arts district, this is a pivotal step forward. October 27, 2020 Page 130 Thank you for your support today. MR. MILLER: Your next speaker is Bryce Alexander. He'll be followed by Sally Woliver, and then Laura Burns. MR. ALEXANDER: Good afternoon, Commissioners. My name is Bryce Alexander. I'm the CEO and executive artistic director of the Naples Players, and I think by now you probably have a sense of what I'm going to say. But just as a reminder, you know, arts and culture in the United States is often very much overlooked as an industry and yet it represents 5 percent of the U.S. economy. It's $800 billion of GDP, which is more than agriculture in the United States. It's more than transportation in the United States, and even in the state of Florida it's a $40 billion industry, and if you don't believe me, Google it. You can look it up. You heard how many jobs rely on arts and culture in our county, and yet there is no tourist funds for arts and culture despite the fact that it draws tourism. There's no City of Naples tourism tax that pays for arts and culture, nor are there any other municipalities in the county. And the State of Florida is now 49th in funding in the country for arts and culture. Just 10 years ago it was among the top 10. So because of that, COVID-19 has hit arts organizations in this county particularly hard. And the Naples Players alone is looking at more than a $1.3 million loss of revenue just being closed the last 7 months even though we are one of the very few arts organizations that has continued to operate and provide programs to the community through this whole thing. So the only reason I bring that up is because I think it's important to know that in that same American for the Arts poll that they did, 116 million Americans traveled more than 50 miles one way, and 30 percent of those people extended their trips so that they could attend an arts and cultural event, and 40 percent of those people October 27, 2020 Page 131 said that they would go to another community if that arts and culture event was in a different community. And if you compare us now to Lee and our other counties across the way, we're way, way behind. And what I don't want to see happen is tourism money that we need today go up to Lee County or go across because there's money here in our county to help bring the arts together. The UAC is a perfect example. We're all bothering you today because the UAC is that powerful. So please support the UAC today and certainly for many years to come. I know it's only a one-year contract, but hopefully you'll consider its impact over the long term, and especially at the drop-in-the-bucket amount of money that they're going to receive for the huge amount of work they're going to do. So thank you very much. Have a great afternoon. MR. MILLER: Your next speaker is Sally Woliver. She'll be followed by Laura Burns and then Paul Arsenault. Ms. Woliver, you may need to unmute yourself. Are you with us, ma'am? COMMISSIONER FIALA: Hey, Troy. It's Paul Arsenault, not Paula. MR. MILLER: Oh, I thought I said Paul. I'm sorry. All right. I'm getting a message from my Zoom person. I need to hold for a second there. So let's go ahead and get Ms. Laura Burns. I know she's here in the room. All right. Now, hold on. I'm sorry, Ms. Burns. Now I'm getting word that Sally Woliver may be with us. Ms. Woliver, are you with us now? MS. WOLIVER: Yes, I am. MR. MILLER: Please begin. You have three minutes. MS. WOLIVER: Thank you very much. Good afternoon, Commissioners. For the record, I am Sally Woliver. I'm a 29-year Collier County resident. My non-profit October 27, 2020 Page 132 management firm is under contract to the United Arts Council to provide both fundraising and strategic planning services to help implement the Arts and Cultural Strategic Plan. This is a bit of an unusual position for me, because normally I don't speak publicly in support of client projects. This has been the first time I've done this in the 25 years I've been in business, but I made an exception today because this contract with the United Arts Council is a game changer for our community. It's important you understand the behind-the-scenes work that has happened to assure that implementing the Arts and Cultural Strategic Plan is a success. So as you consider formally approving the contract, I've received permission from the Community Foundation of Collier County to share information on the work we have conducted with them to establish the Cultural Trust Fund. In September we reached out to the Community Foundation to establish this fund, and together the UAC and Community Foundation staff have created a contract to guide the management of that fund. And I'm only going to read a few key points of that contract for you to understand. Number 1, distributions are to be used to support projects and initiatives of the Collier County Arts and Cultural Strategic Plan adopted by the Board here in March of 2020. The UAC is designated, as you know, by the State of Florida as your local arts agency, and they've been charged by this commission to implement and manage the Arts and Culture Strategic Plan. And this third point is really important from the contract. Should the UAC cease to exist or cease to be the designated agency overseeing the Arts and Culture Strategic Plan or for any reason is no longer involved with the Arts and Culture Strategic Plan and related projects and initiatives, the fund will remain with the Community Foundation of Collier County and will continue to serve the purpose outlined in this agreement. October 27, 2020 Page 133 So, in summary, establishing the fund means that private dollars can be raised and used solely to support the Arts and Culture Strategic Plan and the foundation of public funding that you are providing. So thank you for the opportunity to speak, and I'd liked to close by saying, hey, Donna Fiala, thank you for all your wonderful years of public service to the citizens of Collier County. And a PS here. Paul Arsenault has been having computer problems. If he's not able to get online, he has emailed me his remarks to read them to you. And that's it. Thank you. CHAIRMAN SAUNDERS: Thank you. Commissioner Taylor, did you have a comment now or -- COMMISSIONER TAYLOR: Just a small correction; that the City of Naples does support the arts. They've done it for years, at least, I think, from 2001, 2002, with a fee -- a fee that's applied determining the size of the commercial development but, unfortunately, it's not the performing arts. So I can see why, you know, it's not as broad an umbrella as it possibly could be, but I think it's going to change. CHAIRMAN SAUNDERS: Okay. Let's get back to the public comment then. MR. MILLER: Your next speaker is Laura Burns. She'll be followed by Paul Arsenault and then Maurice Gutierrez. MS. BURNS: Good afternoon, and thank you so much for the opportunity to speak today. Laura Burns, executive director of the United Arts Council of Collier County. By now you've heard plenty about the economic impacts of arts and culture here in Collier County and overall. And, you know, we wouldn't be here if we didn't all work together through the plan, October 27, 2020 Page 134 through the economic impact study, and the community investment in moving forward for something that everyone can leverage to their well-being and benefit financially and also their health. Why do we need the contract approved now? Arts and cultural organizations, as well as individual artists, need a lifeline. They're struggling. They don't have the same access as a lot of other independent businesses do to COVID relief funds. So it's been really hard. And approving the contract means there's an immediate path forward to establishing this Cultural Trust Fund and leveraging dollars. We have interested parties already waiting to donate money into that fund. That means we would be able to implement those programs sooner rather than later. So every delay kicks the can down the road weeks, and that means our artists and our organizations are waiting more weeks if not months for these things to take place. With that bring -- with -- the contract approval will bring raising the bar and our notoriety for arts and culture here in Collier County. We already have a huge investment and huge relationship with arts and culture and return on investment compared to other cities and municipalities, counties in the country. So let's leverage that even more with the investments that we have, right. Also, we've made the direct commitment with the Community Foundation. We're waiting to sign the papers until we have that directive here today, or hopefully today, right. You don't need me to tell you any more about the need. You understand it, I'm sure. I've a quote here from Cath Branwood, who was not able to join us today. And she gave me permission to share this. She said, art's not scary; it's life. And I wish I could join the public meeting on Tuesday. Now is the perfect time to push this. People need something to look at and to think about. Art, especially more public art, could change this community to be even better. It will bring a October 27, 2020 Page 135 new wave of dynamic, creative people to join and build on the small talented groups that are already here. As artists, we should not have to work so hard to move through the layers of bureaucracy and sameness. We are not just dreamy artists; we are smart, business-minded, forward-thinking individuals who want to make this place more interesting to live in, and increasing the likelihood it would be a place people want to come to in the future. So let's keep the creative economy going and entrepreneurial spirit. Thank you. COMMISSIONER FIALA: Who was that person that you just quoted? MS. BURNS: Cath Branwood. Artful Alternatives. She's an artist here in Collier County. MR. MILLER: Your next speaker is Paul Arsenault followed by Maurice Gutierrez and then Heather Donlan. Now, we have Mr. Arsenault actually online a couple of times, so we're going to try this here and see if this works. Mr. Arsenault, you might need to unmute, sir. Are you with us? MR. ARSENAULT: I am with you. Can you hear me? MR. MILLER: Outstanding, sir, yes. You have three minutes. Please begin. MR. ARSENAULT: Wonderful. Thank you, Commission. My name is Paul Arsenault. I've been a resident of Naples since 1974. I've bee n active in the cultural community for over four decades as a working artist and a constant advocate for the arts and especially helping foster the collaboration between arts organizations. I have a gallery on Third Street. I pay rent. I produce many fundraisers for nonprofits, and I feature other artists. October 27, 2020 Page 136 My history with the UAC has been continuing. I served on the Arts and Cultural Strategic Planning Committee and was excited to see that the county was moving forward with the plan endorsing it unanimously last March. The UAC ably guided the plan over the past two years, and they are more than capable of delivering on the goals of the contract. The contract was way overdue. It was most comprehensive and professionally presented with a lot of people, a lot of time, and it was wonderful to see the coordination. The contract has already been approved unanimously by the TDC and the Bayshore/Gateway Triangle, the CRA. The Commission's endorsement today will set the contract in motion, and we will need to begin this contract as soon as possible. The county's arts organization and artists are all continuing to be heavily impacted by COVID, and no one has been spared this economic hit. I believe that the UAC has created a contract to achieve realistic goals and set the stage for post-pandemic collaborative projects into 2022. If we don't begin the plans outlined in the contract now, we will be -- we won't be ready for post pandemic to emerge successfully. The contract will also jump-start this Cultural Trust Fund at the Community Foundation. By endorsing this contract, the Commission will lay a foundation for private support to be added to public funds. My wife Eileen and I are personally committed to helping. Collier County has been our home for the past 46 years. We want this project to succeed. I will work with UAC to create a painting that can be used to create prints for patrons who make donations to the Cultural Trust Fund as part of a little commitment but that can grow in to much more by so many people. Please okay the contract and get it going as soon as possible. October 27, 2020 Page 137 The arts for the community needs it. Thank you so much. MR. MILLER: Your next speaker is Maurice Gutierrez, and he will be followed by Heather Donlan. CHAIRMAN SAUNDERS: Is Heather the last speaker? MR. MILLER: Yes, sir. MR. GUTIERREZ: Good afternoon, Commissioners. Maurice Gutierrez, currently serving as CRA advisory board chair. You know, isn't it interesting that great things start with an idea? And we had a property owner a couple of years ago who decided to paint flowers on the side of a building. Wow, how about that; in an arts district. That has prompted the arts study. Bayshore has impacted the county. Think of that. The entire county, over an arts study. Who would have ever thought, going from infamous to famous in the Bayshore/old Kelly Road district. But here we are. A lot of great information associated with this contract which is another spark of initiative, because without it we cannot continue our vision of a cultural center. The union of the artists under the arts council now allows that to happen. We always yield to the Commission board for ideas and approval, and here we are again hoping that our ideas meet with your approval so that we can continue the great things happening on Bayshore. It's something that, without the community, the effort of everybody who has supported us, even when economic times weren't with us, has brought us here, and request that you please approve this contract, and let us move forward and see what else we can achieve. Thank you. MR. MILLER: Your final speaker on this item is online. It is Heather Donlan. Ms. Donlan, you may need to unmute your microphone. Are October 27, 2020 Page 138 you with us, ma'am? MS. DONLAN: Hello there. Can you hear me okay? MR. MILLER: Yes, ma'am. MS. DONLAN: Great. Hello there. Thank you very much. I was in the -- I was in person there for a couple hours this morning and just want to say I have a newfound respect and gratitude for everything that the Commission does. You've got a lot of time and effort you put in, and I appreciate that. My name is Heather Donlan. My family has been here in Naples since 1978, and I am a fine-art photographer who has owned and operated a brick and mortar photography studio here in Naples for over 16 years. I'm also on the board of directors of the United Arts Council. The arts and culture industry in particular has suffered greatly as a result of the pandemic. The United Arts Council along with, I believe it's 62 other Collier County arts organizations, have either had to curtail or shut down their activities and planned events d ue to the pandemic. Approving the UAC contract would mean key projects identified by the BCC would -- excuse me by the BCC, we could get funds immediately up and going for some of these organizations that have suffered so greatly in the past few months. The strategic plan itself was developed with the input and support of cultural and arts organizations within the county, independent artists, as well as merchant associations and businesses in mind. One aspect of the plan, as I understand it, is the creation of the Cultural Trust Fund which would match private dollars with public funds. But the fund cannot be created without a signed contract. So, again, I come to you today as an artist living and working in October 27, 2020 Page 139 this community and, like so many other artists, my livelihood depends upon our city being seen as a cultural destination, and approving this contract is key to opening up the positive channels for the arts within the city again. Thank you. CHAIRMAN SAUNDERS: All right. That concludes the public comment? Any questions or comments from the Commission? Commissioner Solis. COMMISSIONER SOLIS: Well, I've got some questions. I don't know if Commissioner Taylor or -- this is kind of your -- COMMISSIONER TAYLOR: It is. It is. But I thought at this point I would listen to my colleagues and then make my remarks. Thank you. COMMISSIONER SOLIS: I've got a series of questions just because -- the creation of the master plan and the value to the community of the arts is undisputed and, as the chair of the TDC, we look at that, and we're focused on that. But what caught me by surprise was this merger with CAPA, and I have to understand that. One, you know, I was trying to find a merger, and I don't find one. What I find is a dissolution of CAPA. So I want to understand, because the whole -- my understanding of what this was supposed to be was UAC was going to be kind of the agency, the clearinghouse, so to speak, the chamber, for want of a better phrase, for the arts that was going to, you know, advocate and kind of manage the plan and make sure that we were doing things that would accomplish the goals that were encompassed in the plan. So this merger for me, I think, changes things, and I need to understand that. Number one, when -- and I don't know who can answer these questions. I mean, was staff aware of the merger prior to it happening in this process with negotiating the contract? MR. CALLAHAN: Commissioner, I believe that was October 27, 2020 Page 140 announced last month that they were going to be merging. COMMISSIONER SOLIS: Yeah. It was just recently, right? MR. CALLAHAN: It was. COMMISSIONER SOLIS: Okay. MR. CALLAHAN: I don't know -- Laura Burns is here, so she might be able to answer -- COMMISSIONER SOLIS: Yeah. I mean, and -- MR. CALLAHAN: The county's not really a party to the merger between them and CAPA, so -- COMMISSIONER SOLIS: Okay. Again, I just want to -- I just want to understand what all this means because of what I understood UAC, the role it was going to play, because CAPA, as an organization, as I understood it, had its own facility, right? I mean, it -- what does the merger mean? And what -- CAPA used to have its own events? MS. BURNS: So CAPA also advocates or advocated for performing arts and a performing arts center. COMMISSIONER SOLIS: Okay. MS. BURNS: It did not have a physical location for those performing arts. They partner with other organizations in sponsoring programming, okay. And so their expertise comes in fundraising for those programs as well as developing the programs themselves. The United Arts Council and CAPA joined forces, and it is an official dissolution through the State of Florida, and the United Arts Council was gifted -- CAPA donated a small amount of proceeds to pay for our consultant, Sally Woliver, to be able to facilitate the merger and the strategic planning and the fundraising plan for the United Arts Council. The United Arts Council has absorbed and vetted and adopted three independent board members that were formally of the CAPA October 27, 2020 Page 141 board, and they are now a part of the United Arts Council board. So we really are just one organization that has grown with additional board members from CAPA. And the reason that we felt it was a good partnership is as we are moving forward with the growth and development of the strategic plan and working with the Paradise Coast Sport and Event Complex, the expertise and knowledge in programming recommendations and fiscally responsible budget -- budget-conscious programs in performing arts and also visual and literary and culinary arts, of course, are important for that programming and planning in order to grow into this strategic planning process. And your assumptions of the United Arts Council being the Chamber of Commerce is absolutely true. COMMISSIONER SOLIS: Okay. So then -- so then -- I mean -- and I apologize if I don't fully understand what CAPA has done in the past, so this is why I'm asking these questions. CAPA used to have or support somehow events in a facility that was off of 41 nearby, right? MS. BURNS: Bill -- can we have Bill Drackett -- COMMISSIONER SOLIS: I'm trying to understand what it means because I don't -- I can't say that I understand it. MS. BURNS: Sure. COMMISSIONER SOLIS: And who -- I was always under the impression that CAPA owned that facility. MR. DRACKETT: Bill Drackett, past president for 14-some years and board member of CAPA. So Laura is correct. We did not have a physical location. We did programming and advocacy of the arts; visual, cultural, performing, all the arts. We have used a multitude of locations around the county. Opera Naples being the most recent facility, the Wang Center. October 27, 2020 Page 142 COMMISSIONER SOLIS: And that's the one off of Shadowlawn? COMMISSIONER TAYLOR: On Linwood. COMMISSIONER SOLIS: Linwood. Linwood. Sorry. MR. DRACKETT: Yeah, being the most recent. We've used Sugden Park. We've used a multitude of locations. And that is partly because there are limited locations in Collier County. So you have to be creative with using a variety of locations. And we worked and hired experts to help us hopefully dream and design on paper a cultural and performing arts center that we hope to bring to East Naples. COMMISSIONER SOLIS: Right. MR. DRACKETT: And as you know, we've had several attempts at that, and it was felt that by joining forces with the United Arts Council that we could better stewards to forward, as we've all said, rising the tide of cultural and performing arts in the county. COMMISSIONER SOLIS: Okay. And so in regards to that performing arts facility that we've talked about many times as part of the redevelopment -- or the development of that county-owned land off Bayshore, you know, what is the future of that and what is UAC's involvement or vision for being involved in that? MR. DRACKETT: Tag. You're it. MS. BURNS: Well, the vision is to follow the lead of the community and work in partnership with the CRA and the county to identify an appropriate location, right. And then should that move forward through that identification, it would be the commitment to fundraise and have the capital campaign to build a facility specifically for the cultural -- a cultural facility. So it would be all-encompassing, not just performing arts. COMMISSIONER SOLIS: Wherever that may be? MS. BURNS: Yes, wherever that may be. October 27, 2020 Page 143 COMMISSIONER SOLIS: Okay. Because the reason my eyebrows went up with all of this is that the merger happens right before we're asked -- or relatively soon before we're asked to approve this. One of the deliverables is that the UAC will develop a home for -- let's see. It's number -- No. 5, develop a home for the UAC in the Bayshore Triangle Community Redevelopment Area. I mean, I just -- this plan for me was to be a countywide plan, and it was to support the arts countywide. And I just have to tell you, I'm uncomfortable that the majority of the funds are coming from the CRA. The deliverable is to develop a home within the CRA. And all of the focus, while I understand it being a pilot program, that there's an awful lot of focus just on the CRA. It makes me uncomfortable because, I think, that was not my understanding of what a strategic plan for the whole county was to be. MS. BURNS: So the deliverable came directly out of the survey results and the requests from the community, so it is absolutely identified as an area that is looking for the development, okay. And the impetus for UAC to have space in Bayshore is twofold. One, in response to the community asking for additional support. Two, the CRA investment in a public art program and being able to be on site to develop that pilot for the entire county, it requires being able to embed in that community so people feel like they have access and ownership for what those projects are. Part of that is being in an area that can exhibit and manage the process. So to my mind, the United Arts Council, while we're starting in Bayshore, doesn't mean we're ending in Bayshore. It may mean that that's a satellite location for the council once everything's up and running. And we have another location, potentially, in Everglades City that starts to do the same thing. And then there's another small -- and when I say location, it can October 27, 2020 Page 144 be a desk inside an existing office. It does not have to be a multimillion-dollar facility. That is what the community in Bayshore is asking for today, but that might not be what is feasible. So there will still be a host of feasibility studies and economic impact studies that would come with any type of facility development. But the reason that Bayshore is selected as the initial location is because that's what the community's been asking for. It is one of the oldest designated arts and culture designations in our county, and the CRA has given the directive through their -- through the strategic plan with their land-use redevelopment plan and their new vision and mission that this is what they were wanting and has -- have asked the UAC to help implement. COMMISSIONER SOLIS: Okay. And so the UAC is not going to be actively producing events? It's not going to be holding its own events. MS. BURNS: The UAC has always held events in our 40 years of history, and so -- COMMISSIONER SOLIS: Okay. MS. BURNS: -- it depends on what that event would look like. We are -- we hold art exhibits, we hold fundraising galas, we hold art shows, we hold open mic nights, we also hold calls for artists to produce work. That's what the United Arts Council does. That's the benchmark of what a local art agency does by the definition of the Division of Cultural Affairs of the State of Florida, as well as Americans for the Arts, our national arts advocacy body. We all hold events. And so when you say "events," we absolutely will be doing those types of things in order to gain additional funding and leverage to put back into that Cultural Trust Fund. The commitment is percentages of dollars for everything that's produced to go to benefit the entire community, not to benefit whatever the impetus is of the Council at the time. October 27, 2020 Page 145 We're here to be a partner, but the BCC has made it very clear in the process of developing the strategic plan that you did not want a division of cultural affairs within your government. You wanted an independent agency to work in that capacity, and in order to do that, it requires a certain level of investment and finances. And this is -- the finances that come through this contract is a very small piece of what will be needed to implement this plan. So the Council should have the freedom to have a business plan that lifts everybody up and to be able to harness that entrepreneurial spirit of Collier County at the end of the day so that we are able to fulfill those obligations. This contract in particular was reviewed through the cultural planning group. They have written letters of support to all of you. They have also expressed the opinion to me directly yesterday in conversation again that you guys would be getting a huge bang for your buck. It's a low investment for the return with the well-defined outcomes and deliverables within that contract overall. And, you know, there's always opportunity for discussion, right? COMMISSIONER SOLIS: Okay. CHAIRMAN SAUNDERS: I've got two more commissioners that have comments. COMMISSIONER SOLIS: I'm just going to wrap up by saying this, for me, has somehow changed. And I think -- I'm not comfortable moving forward with this today because I think I need to think through some of the implications of what I just heard. Whether it's good or bad, I don't know, but I think that if the UAC is going to be holding events but also be the kind of administrator of the plan -- I just think there's potential problems with that that I would need some more time to think through. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, let -- I think October 27, 2020 Page 146 Commissioner Taylor has comments for Commissioner Solis, and then I'll -- and if you want to address me -- because I have a whole 'nother discussion point coming on. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER McDANIEL: I think she -- you actually -- forgive me. I'm not trying to put words in your mouth, but you were hitting your light in response to some of the things that Commissioner Solis had said. COMMISSIONER TAYLOR: After you, sir. COMMISSIONER McDANIEL: Oh. Okay. I'll go. I'll go. Thank you, Laura. I'm good. My question to you, Sean, is -- because I've read this -- this agreement, and I have -- I have concerns about the deliverables, the measurables and milestones. And they seem to be -- they seem to be out there a little bit, but -- and I want to say this to you and to everybody -- and I've actually said it to Ms. Laura. We had a Zoom, what, a couple of week ago, I believe. These things -- the art culture, that's not what makes me tick, but I also know and understand there's -- I like it. I go to plays and operas and that sort of thing, but I also know and understand there's a community necessity. There is -- there is a benefit to having these things. I just -- I'm concerned about the semantics of what's transpired. The creation of -- one of my main concerns is the Cultural Arts Fund. Who's administering it? What requisites are there for taxpayer dollars to go in? Because I've heard about matching funds, but I wasn't able to see where there was -- when this Cultural Arts Fund was going to be established, and we were going to seek philanthropic dollars into it but on a matching basis. Are we going to have that requisite to come -- I'll get that. I'll get it right here. I'm good. Are we going to have that -- are we going to be obligated to spend taxpayer money when the philanthropic community comes in October 27, 2020 Page 147 here and puts money into the Cultural Arts Fund? MR. CALLAHAN: Commissioner, you're not obligating yourself to anything besides paying for the deliverables of t his contract. COMMISSIONER McDANIEL: Right. MR. CALLAHAN: The Cultural Trust Fund language was a goal that was established in that strategic plan that the Board approved back in March. COMMISSIONER McDANIEL: Right. MR. CALLAHAN: I think the language is basically identical to what it said in the plan. So there's no intent of this contract to co-mingle funds in any way, right? We're paying for specific deliverables from the UAC. COMMISSIONER McDANIEL: I understand. Well -- I'm good. And I want to -- and this is -- this is the other side of that coin. We have a CRA. We have an MSTU. I'm looking at the budget for the CRA in '21. I'm looking at $4.7 million worth of expenditures and 2.5 plus another 2.9 or so available in revenue, plus/minus, depending on where we go. We've got an investment from Collier County and $50,000 of TDC -- TDT, excuse me, tourism development tax money, and we've got another $75,000 of taxpayer money invested out of the CRA. And then I go to the master plan for the Bayshore CRA, and I look at -- I look at infrastructure costs, stormwater, water lines, water suppression for fire, underground utilities totaling some $15 million, and less than 2 million of that is appropriated out right now within the next 11 years to be taken care of for the community that's receiving tax money to be reinvested back into that community. And so I'm not in opposition of this agreement, ostensibly, and it is a rather innocuous amount of money at this stage, but I'm October 27, 2020 Page 148 concerned about the priorities of what the CRA is going to do and what the county is going to do with the available tax monies associated with this portion of our community. So, again, I said it at the beginning, I'm not in opposition of, but I have reservations with how we're going forward. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Thank you. I'm going to repeat a couple things I heard from the speakers. The first step needs to be the right step. And I'm going to repeat what you just said: Art doesn't make me tick. COMMISSIONER FIALA: Say that again. COMMISSIONER TAYLOR: Art doesn't make me tick. That's what Commissioner McDaniel said. COMMISSIONER McDANIEL: What makes you tick? COMMISSIONER TAYLOR: Well, I worked this -- CHAIRMAN SAUNDERS: That's a question you don't have to answer, but if you want to. COMMISSIONER TAYLOR: I worked as an artist, and I understand -- and maybe this makes you tick, sir, the business of art, and that's what I want to talk about. The business of art in Collier County is greatly dependent on the selling of art, selling of tickets. It's of private donations. It's always been that way in the art community. And the art community in Collier County thrives. It really does. But COVID has hit it, and so there's a lot of need out there. There's a lot of folks that are paying rent. They're working artists, and no one's buying their -- their pieces, and they have rent to pay. In good times people came to their place to buy the art. They didn't have to have an exhibit. They didn't have to belong to an organization that charges them a fee in order to be able to exhibit. We have a very respected group in Collier County called October 27, 2020 Page 149 the -- and it is the oldest art association in Collier County. It's the Naples Art Association. They have proven themselves again and again that they understand how to put on a street fair, a show, an art show on the street. They sponsor and put on every year one of the Top 10 art shows in the nation in Cambier Park. They've done it for years. Just Wednesday of last week the Naples -- the United Arts Council got permission and contracted with an outside vendor to put on the show. This outside vendor will make money on the show. There was no guarantee that local artists would be used. There was no guarantee that any money would be coming back to the artists that were there or even the artists in the community. They did it unapologetically. This contract is not ripe to be passed today. I see it as a contract that is written all for one instead of one for all. There's not enough administrative language in it, and I think that's what we want. I think we want to move this where it is an administrative role that the United Arts Council plays, and that's not what's before us. Now, why are we here today discussing it? Well, please let me assure everybody. I tried. I really did. I had an hour-and-a-half Zoom conversation with United Arts Council and their consultant. I was told in that conversation, which was on a Wednesday, I would hear from them. I did not hear from them. It went to Tuesday. I got a call from the consultant, and we spent 45 minutes talking about everything we talked about last week, and it was left, and I understand they called Mr. Callahan. I then called the cultural planning folks who created the Strategic Arts Plan. I explained everything to them. And they said, what if -- I said, we need to put more flesh on the skeleton, on this framework so it's really clearly defined what the roles are. And they agreed. They said, we will go through this. We will go through the October 27, 2020 Page 150 strategic plan and do this. They went to United Arts Council. They told them to stand down, not to do it. They weren't going to cooperate. Now, this comes directly from Linda Flynn. So I'm here requesting my colleagues to allow me 90 days and to go through this plan with the United Arts Council in collaboration and to work on this. Just as an aside, I was not brought into this contract until it was passed by the TDC. I think that it is extremely important that our first step is the right step. I am very appreciative of the work that the arts community does and, clearly, the United Arts Council. And I believe their business plan needs to change but not abruptly. And, finally, I think we've all day heard from our clerk, and the collaboration or the agreement with the Community Foundation and the United Arts Council is very questionable in terms of the ability to audit. Everyone knows that people give to the Community Foundation because the donor is -- it's like Switzerland. They're private. It's the Community Foundation that gives to the entity, not -- not the donor. And that gives the donor that important blinder, that important screen. And, apparently, this has gone a little bit further than anyone expected. But I believe the -- I've heard that there hasn't been a contract signed. But I think it is the position of our clerk, based on past experiences with private donations, that all donations, that the clerk establishes a fund that people can donate and people are -- people's names are made public, and it is put out as such. That also needs to be explored and worked upon. So at this point, this is my request; that I be allowed 90 days, and I -- and that, frankly, brings us -- November is Thanksgiving, December is the Christmas holidays, and come back in January. Thank you. October 27, 2020 Page 151 CHAIRMAN SAUNDERS: All right. Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you very much. As I've quietly listened to everything, I think, basically -- maybe I misunderstood, so let me just say what I thought the UAC was doing is now they're going to try and get all the arts groups working together but not -- not telling anybody who they can -- where they can be or who they're going to be performing for or what they're going to do, and they don't even want any of their money. What they're talking about is an overall advertising plan. And correct me if I'm wrong, because maybe I don't understand, but -- and by doing that, you know, publishing things, whether it be a form -- I think as they used to do, they used to send that form and tell you when all of the arts, not just specific ones, but everybody is having their shows so everybody can see at a glance what they've got that month or coming up the next month or something like that, which would be working out really well for everybody. I think that there are a lot of other groups that do similar things. For instance, the Philharmonic used to be -- you know, not only was it the Phil -- I don't know the new name for it anymore -- the Phil. But it also really gathered the people in the performing arts together to work, whether it be the art shows there and so forth. There are things that they can do. The arts organization -- heck, when we used to have things down on Bayshore, you know, they would -- not only would the artists just get there to display their stuff, but then you'd have the people in their carts. Way back they even used to have food carts over there and stuff, and things like that. I think we can all work together. Everybody -- everybody likes to be in charge of their own shop, and I don't blame them. I want to be in charge of my own shop, too. But at the same time, it's good to work together so that you can make -- you can have a cohesiveness to October 27, 2020 Page 152 make a better impact on the community, because that's what it's all about. Artists know it's an important part, and if you can just work together. Like, for instance, the one over in North Naples that went all the way down the street and they -- oh, my goodness. I go to their art shows all the time. COMMISSIONER SOLIS: Surely. COMMISSIONER FIALA: And I just love them. And they have food and they have dance in there and they do all kinds of great things, and so they represent, and I think -- didn't they call you and were encouraging you also on this one? CHAIRMAN SAUNDERS: Just a second, Ms. Burns. MS. BURNS: Oh, sorry. CHAIRMAN SAUNDERS: We're going to need to take a quick break for the reporter. COMMISSIONER FIALA: Oh. CHAIRMAN SAUNDERS: Because this looks like it's going to drag on a little bit longer. So why don't we take a 10 -minute break. COMMISSIONER FIALA: Okay. CHAIRMAN SAUNDERS: Let her refresh her fingers. COMMISSIONER FIALA: I'm not finished, though, but you can take your 10-minute break. That way everybody can enjoy a few minutes together. CHAIRMAN SAUNDERS: All right. Let's recess until 2:50. We'll be in recess until 2:50. (A brief recess was had from 2:40 p.m. to 2:50 p.m.) CHAIRMAN SAUNDERS: The meeting of the County Commission will please come back to order. And I think we were in the middle of a fight between Commissioner Solis and Laura Burns. COMMISSIONER FIALA: No. I was talking. October 27, 2020 Page 153 CHAIRMAN SAUNDERS: Oh, I'm sorry. Commissioner Fiala was -- COMMISSIONER FIALA: Yeah. I was busy talking when he decided we were going on a break. Now, does that tell you something? It's not even a hint. CHAIRMAN SAUNDERS: I thought you were going to ask -- COMMISSIONER FIALA: It's a great message. CHAIRMAN SAUNDERS: I thought you were asking Laura Burns to speak, and I just wanted to -- COMMISSIONER FIALA: Oh, I could do that. CHAIRMAN SAUNDERS: You don't have to. Don't have to. COMMISSIONER FIALA: Okay. Let's see. I'm trying to remember -- I was talking about people working together. And another one would be the Botanical Gardens. Each one has, like, a specialty, but then they can branch off and work with other things. Even though the Botanical is there showing all their gardens, they still have people having art shows and music things and so forth. I think we can all play together, and I think that -- this is such a major subject, but it's something that if you could get some people who want to play together and yet have their own separate identity, that's -- people don't want to lose their identity. I don't blame them. I understand that. They've worked hard for it. But yet -- and they don't want anybody taking their money or spending their money. I understand that, too. I think we can all work together. We just have to try. And that's -- I gave the example on -- off Pine Ridge Road: A whole bunch of artists and different people and yet they all play together. Well, I think that this is what this looks like. And, you know, maybe we didn't understand what you were saying before, so tell us. There was one other thing that we had just talked about. Would you just mention that, please. October 27, 2020 Page 154 MS. BURNS: Thank you, Commissioner Fiala, for that. Laura Burns for the record. I just wanted to speak to a couple of miscommunications or facts, and one is the establishment of a Cultural Trust Fund. At no time is it mingling government dollars with private dollars. It's being able to say that we have a match, right. So the Community Foundation and the United Arts Council are in discussions, and the agency, which would be the United Arts Council, would appoint a community committee to assist in grant-making for the community, and it would be distributed to support Arts and Cultural Strategic Plan projects as identified through the plan and then approved through those committees. And on it we would -- we were even saying that it would initially have five people, including one appointment from the UAC, an appointment from the Community Foundation of Collier County, an appointment from Collier County with guidance from the Economic Development Office, and two at-large appointments so that it is a benefit for everyone. And we don't want to get into the commingling of funds and that type of thing. That's not allowed, right. So we want to be able to make that delineation. The other thing I wanted to point out when Commissioner Taylor was talking about an art show on 10th Street South and that the United Arts Council did, in fact, solicit a permit that was ultimately granted because the city had to have the city attorney remind City Council they could not be making decisions based on a business plan or business model of an independent company of which the United Arts Council is. And what they decided, ultimately, was that the plan, as laid out, met all the benchmarks required for City Council in order to have an event. The event, the Uptown Arts Show, was selected and petitioned through United Arts Council because we receive d an October 27, 2020 Page 155 abundance of communications from our own member artists and also Naples Art member artists. We acted in response to community need for alternatives to art shows that were managed by Naple s Art. They also wanted another opportunity for other management to run shows. And part of that was through the pandemic. They didn't get a refund for their booth fees when shows got canceled, and they were hurting even more, so they asked for help. T he United Arts Council sought help and worked to do that. We're also developing a free art show for local artists that will be up in North Naples in the shops of Village Green and that would be also local artists that won't have to pay to participate. Same kind of thing on 10th Street. We might get 100 booths. We don't know yet. Twenty-five percent will be local artists. UAC has a panel developed to do three to five emerging artists so that they learn how to set up booths and to participate in art shows. That's a specialized field, and we have a great opportunity here in Collier County as one of the top in the nation for grooming that. It's -- not every artist is set up to have these kinds of shows. COMMISSIONER FIALA: Thank you. MS. BURNS: So that type of thing, right. And when it comes to collaboration and working, our commissioners, we -- and with Commissioner Taylor, in particular, because you've been such a champion for this project, we reach out to you continuously and try to come up with a way forward that makes sense and also allows independent businesses to form and not be -- become a pseudo-government entity and a division of cultural affairs, which would cost us a whole lot more. COMMISSIONER FIALA: In other words, we all have to work together. That's what it all boils down to. CHAIRMAN SAUNDERS: Thank you, Ms. Burns. October 27, 2020 Page 156 Two commissioners have asked for this to be delayed. COMMISSIONER FIALA: I'm finished. CHAIRMAN SAUNDERS: I'm sorry. Are you -- COMMISSIONER FIALA: That's all right. CHAIRMAN SAUNDERS: Are you finished now? COMMISSIONER FIALA: I just was talking about working together. CHAIRMAN SAUNDERS: Oh, yeah. We have two commissioners that have indicated the desire to delay this. And I certainly don't want to set up a si tuation where we -- COMMISSIONER FIALA: Two commissioners that what? Say it again. CHAIRMAN SAUNDERS: Have asked for this to be delayed. Commissioner Solis and Commissioner Taylor do not want this to be acted on today. I am reluctant to act on somet hing when two commissioners have said that they've got a problem with the contract, and it can come back. I have lights of two commissioners lit up. Commissioner Solis. COMMISSIONER SOLIS: Yeah. Just very quickly. Yeah, I would like some more time to review this. I would like to say to Commissioner Taylor that this did come through the TDC and, frankly, I incorrectly assumed that since this -- you've been behind this from the very beginning, that you had -- you know, that you had looked at this. And, I mean, that was just my assumption, and I apologize if you had not. So, yeah, I will make sure that in the future anything that comes before the TDC that, you know, I'll check with staff to make sure that you've reviewed it. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: No, I -- if you're going -- if October 27, 2020 Page 157 we're going to continue it, I'll wait for another day. CHAIRMAN SAUNDERS: All right. Well, I think that that would be the appropriate thing to do. Is there a motion and what -- you asked for 90 days? COMMISSIONER TAYLOR: Ninety days, yeah. CHAIRMAN SAUNDERS: I certainly have no objection to that myself. Commissioner Solis. COMMISSIONER SOLIS: No. I'd second -- if it's a motion, I'll second that. COMMISSIONER TAYLOR: It's a motion. COMMISSIONER SOLIS: I'll second the motion. CHAIRMAN SAUNDERS: All right. COMMISSIONER FIALA: Better that he does than me, because I'm not going to be here. CHAIRMAN SAUNDERS: You'll be here in spirit. COMMISSIONER FIALA: Oh, I'll probably be in the audience. CHAIRMAN SAUNDERS: All right. That's even better. All right. We have a motion to continue this. This would be -- would come back, theoretically, at our second meeting in January. Any further discussion on the motion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. October 27, 2020 Page 158 CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. COMMISSIONER SOLIS: Thank you. CHAIRMAN SAUNDERS: All right. Mr. Ochs, I think that concludes -- MR. OCHS: Yes, sir, that concludes our regular business. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: We move to Item 15, staff and commission general communications. I have just one reminder for the Board. We have an upcoming workshop on the status of our community mental health initiatives, and that will be held on November 17th right here in this boardroom at 9:00 a.m. CHAIRMAN SAUNDERS: All right. MR. OCHS: That's all I have, sir. CHAIRMAN SAUNDERS: Commissioner McDaniel, do you have anything to add? COMMISSIONER TAYLOR: You're first now. COMMISSIONER McDANIEL: Yeah, I see that. CHAIRMAN SAUNDERS: I can start at the other end. (Simultaneous crosstalk.) COMMISSIONER McDANIEL: -- County Attorney. I was waiting. COMMISSIONER TAYLOR: They caught you. COMMISSIONER McDANIEL: Yeah. I won't be here for that, so you only -- you don't -- I'll try to call in, but I'll be out of October 27, 2020 Page 159 town, so -- and nothing else for the greater good. COMMISSIONER FIALA: For what; for the workshop, you mean? COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Thank you. Just a -- this is so hard for me to talk about it, but just for a point of order, are you going to be part of this workshop? COMMISSIONER FIALA: No, I'm not here anymore. My last day is the 13th of November. CHAIRMAN SAUNDERS: Actually, I think the last day is November 18th; is that not, or is it that -- MR. OCHS: I believe it's the 13th and, actually, the new commissioner would actually -- the term begins on the 17th, so the new commissioner's term would begin that day, the 17th. CHAIRMAN SAUNDERS: I think -- not that it makes a whole lot of difference, but I think -- I thought the term of the new commissioner started on the third Tuesday of November. Not that it matters. I mean -- COMMISSIONER TAYLOR: Well, let's just get it figured out. There's one thing that -- in my -- you know, this is kind of Monday morning quarter-backing, Commissioner Solis. But I was listening on the radio to a very effective group in Oregon that actually related to this -- your mental health initiative, and they -- specifically to deal with folks that have serious problems on -- they're homeless. And instead of having the police come in and put them in jail and let them out after a while, there's a social worker -- there's a cadre of people. And I'll get -- I'll send this to you so you have it, but it's an interesting -- very successful in Eugene, Oregon, group, and apparently this is the way they have proven success over several years of moderating the negative social effects of folks that may be October 27, 2020 Page 160 off their medication or disturbing the peace, and they need some kind of stability. Just a couple of -- couple of things. I thought you'd talk about it. I want you to know that Commissioner McDaniel and I, I think, had a record for Zoom meetings a week ago Monday. COMMISSIONER McDANIEL: Oh, Jiminy Christmas. The length of a Zoom meeting. COMMISSIONER TAYLOR: A Zoom meeting. We have -- I think we have the record. It was 13 hours. COMMISSIONER SOLIS: He never ended it? COMMISSIONER TAYLOR: And it finally ended; it was the M-CORES. COMMISSIONER SOLIS: Oh, it was an actual meeting. COMMISSIONER TAYLOR: Thirteen hours. COMMISSIONER McDANIEL: Thirteen hours Zoom. COMMISSIONER TAYLOR: And it ended because our Secretary Nandam agreed to compromise because no one was willing to vote for the very narrow areas that we had to vote on. COMMISSIONER McDANIEL: That's not correct. COMMISSIONER TAYLOR: Well, you didn't speak up. COMMISSIONER McDANIEL: Well, I did speak up. COMMISSIONER TAYLOR: You were drinking coffee of something. Anyway. So he said, okay, you do not have to have consensus. What we can do -- if you agree, what we'll do is submit this report without comment, and at that point the meeting ended. COMMISSIONER McDANIEL: We prescribed with the statute. The department erroneously thought they were going to get consensus by only giving us the four choices, which you were fussing about for quite some time, and the Conservancy wasn't going to accept, but they tried to get 100 percent consensus and there wasn't so October 27, 2020 Page 161 at which point, to fulfill the statute, they submitted a report as completed. Boom. COMMISSIONER TAYLOR: Yep. So I think that was a nice way to end. So -- oh, I'd like to ask our county -- Assistant County Manager Casaguida -- Casalanguida, "other financing." My ears picked up, because I understand, you know, we wrote this letter as a commission saying, don't -- don't take from Peter to pay Paul here. And their response, the Secretary's response is, oh, it's a separate funding mechanism, is that correct, for M-CORES? MR. CASALANGUIDA: Yes, because I think they -- they don't want to talk about those funding mechanisms yet because they haven't been put in place yet. So they're talking about some discussion of toll facilities, some discussion of additional state appropriations. So they don't -- they don't plan to do an updated state transportation improvement program funding allocation at this time. But I'll tell you, from our history, that varies every single year. So I would not be surprised if they take an allocation and say, we're going to do this. The good news for Collier, the location it's chosen is State Road 29. And so, to our benefit, whatever they do is on an already approved transportation system that's alread y approved in our Long Range Transportation Plan. So we're in a good spot for M-CORES for us; not necessarily for our neighboring counties, but for us we're in a very good spot for M-CORES. COMMISSIONER TAYLOR: So do we have any way of monitoring -- and I guess I'll speak to our chair also who actually sat as a senator there. Do we have any ways of tracking this? MR. CASALANGUIDA: Yes. All these budget amendments go through two steps. The Florida Transportation Commission October 27, 2020 Page 162 reviews them. Then it goes in front of the legislators to be approved just like everybody else's state budget does. And our district secretary has made a promise he'll keep us informed as this moves long. COMMISSIONER TAYLOR: So we'll be able to see when they take from Collier County and give to another. MR. CASALANGUIDA: If they do, we'll be able to see that. COMMISSIONER TAYLOR: Okay. Good. MR. CASALANGUIDA: And you'll approve it at the MPO. COMMISSIONER TAYLOR: All right. Great. And then, finally, I just want, again, to put it on the record. Given that -- I attended an ACUNE Zoom on Friday, which was a workshop with Professor Sheng and Professor Savarese about the ACUNE tools, which will be brought to us. And sea level rise is a reality. So I just want -- again, on the record, we are building our roads for the future, not for the present; is that correct? MR. CASALANGUIDA: Ma'am, all your hurricane evacuation routes, arterials, and collectors are usually built two to three feet above the base flood elevation. That number changes. So, you know, when you say for the future, we do some forecasting on 50-year projects, but right now we have -- no base flood elevations have changed. But every road we've built now, especially the one for Goodland, has taken into consideration higher sea level. COMMISSIONER TAYLOR: I think it's -- I think it's significant that -- I think it's -- I think it's the Army Corps of Engineers and I think it's FEMA that have now decided the bathtub model is out, and they are depending on models more similar to the ACUNE model -- MR. CASALANGUIDA: Right. COMMISSIONER TAYLOR: -- where it's no more bathtub. So I think -- I think maybe it would be advisable -- and I can contact October 27, 2020 Page 163 them to maybe start incorporating their science into what we're doing. MR. CASALANGUIDA: Sure. And I think we'll ask Jay Ahmad and Thaddeus Cohen to kind of touch those before those design-build projects come forward. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: Let me ask you a question about sea level rise. Thank you. They're talking about that, and they've said like in Miami and California that they won't let people build close to the ocean anymore or the Gulf of Mexico in our case, right. But we don't stop them. Are we doing anything like that from our Growth Management Division to encourage that new homes that are being built in that area must be moved back, or are we not paying attention to that yet? MR. CASALANGUIDA: Not back, ma'am. They have to be built higher and they have to be built in a way that allows water to pass through below them. So that's already in our codes right now. COMMISSIONER FIALA: Okay. Good, good, good. COMMISSIONER TAYLOR: Thank you. That's it. Thank you. CHAIRMAN SAUNDERS: Commissioner Fiala, do you have anything else? COMMISSIONER FIALA: Yeah, I do. I just mentioned earlier today about -- I was thanking Michelle Arnold for, you know, letting me call her at night, and then, of course, Leo, and then Nick, they all answer my calls even though I'm calling kind of late, and sometimes I do fax -- I mean, I do send them messages 11:00, 11:30, 1:00 in the morning. But I just wanted to thank them for being so responsive and to all of our people who happen to be sitting in at that meeting -- and I doubt that there's a soul anymore -- but I want you to know what great staff we have. They're there for us, all of us, all the time, no matter when, and that's going to be one of the hardest things October 27, 2020 Page 164 to leave is our staff members. So I just wanted to say that on the record. MR. OCHS: Thank you, ma'am. That's very kind. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yeah, thank you. And usually I try to keep my comments short, but I have a little bit of something I'd like to present today, because I think it's important a nd very relevant. As the chair of the TDC, I thought it would be a right time to present some things from the TDC, specifically the marketing plan and how effective it's been. So if, Troy, somebody -- if somebody can just run that -- MR. MILLER: Sure. I've got it. COMMISSIONER SOLIS: -- for me. You know, the strategy was to come up with a marketing plan in light of COVID knowing that travel was going to be restricted, you know, restaurants were closed, and ultimately to protect, as much as, we could our season, the upcoming season. So I thought I'd just share some of the strategy and what was presented at the TDC meeting on Monday, because I have to commend the staff. I mean, on a dime, the TDC staff came up with a whole new -- and the partners came up with a whole new strategy which I gave you a printout of. The numbers, I think, will show you that it was very, very effective, I think. So it started out with the -- if you can go back a second. MR. MILLER: Sorry. Sorry. COMMISSIONER SOLIS: Everybody's seen the paradise pledge. The stickers are available. There's two aspects of it. One was to keep you healthy and safe. The other one was to support local businesses. Go to the next one. And so there was a whole local campaign, because the data October 27, 2020 Page 165 showed that the traffic that we were getting was actually regional travel, local travel. Go ahead. And so, you know, this is just an example, be their customer and be a local hero. Take the paradise pledge. Take the paradise pledge and support local businesses. Be a local hero. I don't know if anybody has seen a lot of these. But, again, it's take the pledge. It related to keeping everybody healthy and making everyone feel safe, to support our local businesses. This is some more. You know, be their guest and be a local hero. Take the pledge. That had to do with, you know, the food side, the foodie side, dining side of the whole marketing plan, which is a big thing. Focus on the attractions. Go ahead. And then arts and culture. The museums. You know, be their patron. Be a local hero. And so here's -- here's just a video I would like to share about the paradise pledge focused on the local -- local be a hero. (A video was played as follows:) It's happening in our hotels, our restaurants, and our shops; a pledge to keep our businesses safe for the residents and visitors who drive our local economy. And now it's your turn. When you take the paradise pledge, you're making a promise to your friends and neighbors, one that says, hey, I've got your back. Let's get through this together. So eat in their restaurants, shop in their stores. Be more than just a customer. Be a local hero, and be the reason Collier County emerges from this stronger than ever before. It might be hard to tell with the masks, but these people are smiling. They're smiling because they know their business is doing everything they can every day to keep their customers healthy and October 27, 2020 Page 166 safe. It's called the paradise pledge, and now they're hoping people like you will pledge to do what any good neighbor should; support local businesses in their time of need. So be their customer, be their guest, be a local hero, and be the reason for their smile today, even if it is tough to see behind the mask. (Video concluded.) COMMISSIONER SOLIS: Yeah. So that's the TDC at work and the staff at work coming up with a marketing plan to do what we can to keep the economy going locally with local support. And then there was also another aspect of it which was the out-of-the-market campaign, and these are just some of the ads that we had in relation to that. It's "When you want a destination that's pledged to both your fun and your safety, only paradise will do." I mean, I think these are really well done. This was some personalized advertising aimed at millennials. This is, again, the dining aspect of what brings people to Collier County. "Couples, for hand-in-hand memories in a place pledged to your safety, only paradise will do." Echo Adventure, right. That's another big aspect of the marketing plan. And, again, this was families. For some -- that's a tongue twister. "For sun-soaked fun in a place, pledge to your safety. Only paradise will do." You know, these are aimed at more of the regional travelers, because the traffic at the airport is minimal. So it's been very, very effective. I think there's a couple videos related to this one. (Videos were played as follows:) On our uncrowded beaches, we pledge to make every day one you'll treasure forever. In our beautiful hotels, we pledge to follow all CDC guidelines for your protection. In our award-winning restaurants, we pledge to amaze you with creations you'll never forget October 27, 2020 Page 167 in clean, spacious environments you'll never have to worry about. So when you want a vacation that's literally pledged to your safety, remember only paradise will do: Naples, Marco Island, and the Everglades, Florida's Paradise Coast. On our spacious beaches, we pledge to make every toes-in-the-sand moment memorable. In our luxurious resorts, we pledge to go above and beyond to keep you healthy and safe. In our wide-open natural surroundings, we pledge the adventure of a lifetime with experts who deliver all the fun you're looking for with none of the worry. So when you want a vacation that's literally pledged to your safety, remember only paradise will do: Naples, Marco Island, and the Everglades, Florida's Paradise Coast. (Video concluded.) COMMISSIONER SOLIS: And, again, a lot of these issues related to masks started at the TDC because what the staff found was that our competitors were using safety as a marketing tool, and it was -- it was hurting us. So I've given everybody a copy of this. And I apologize, it is not your eyes, it's actually the copy. COMMISSIONER McDANIEL: I did order new glasses yesterday. COMMISSIONER SOLIS: I don't know why it won't print out better than that, but -- this is just a report on the TDT collections. And the third -- I mean, it's all very relevant. But if you look at the budget comparison, which is the third -- just above the graph, you look at the budgeted collections which was pre-COVID, right; this was the budget that the TDC set for this year. CHAIRMAN SAUNDERS: And that's the blue line? COMMISSIONER McDANIEL: Third -- COMMISSIONER SOLIS: That's the budgeted collections. It's the third -- October 27, 2020 Page 168 COMMISSIONER McDANIEL: Third column. COMMISSIONER SOLIS: -- or the fourth column. CHAIRMAN SAUNDERS: Right. But is that -- that's the blue line? COMMISSIONER TAYLOR: So they set this before COVID, this third column? COMMISSIONER FIALA: He's talking about this line over here. COMMISSIONER SOLIS: The budgeted -- I'm looking at just the numbers. CHAIRMAN SAUNDERS: Okay. I was looking at the graph. COMMISSIONER SOLIS: Yeah, yeah. If you look at the numbers, the budgeted collections was the budget pre-COVID. Then you look at the actual -- actual collections, and then there's an actual-to-budget variance. But what's important is if you look at the far right-hand column, that's the March COVID forecast when it was clear that COVID was going to affect us. The budget was revised as best it could with some projections for how far down the collections would go. And what I would point everyone to is if you look at beginning in July -- in June we were almost a million dollars, you know, behind where we were last year in collections, which was more than we had forecast. And then -- well, I mean, it's about a million dollars, and then in July, it went down to 218,000. But in September we are actually, in terms of collections, ahead of what the budget -- the original budget was. COMMISSIONER McDANIEL: Of the budget that was established before the virus showed up on our -- COMMISSIONER SOLIS: Correct. COMMISSIONER McDANIEL: Correct. COMMISSIONER SOLIS: Correct. And I think it's a October 27, 2020 Page 169 testament to the marketing plan, the research that was done -- COMMISSIONER TAYLOR: Yep. COMMISSIONER SOLIS: -- the marketing partners that, on a dime, pivoted and came up with a different marketing plan identifying where -- where could we attract people from. I think it's a great sign. And there's going to be more data. I think we get October here shortly, so I'll try to provide that. But I just wanted to thank the staff for the great work that they've done. And coming up with this paradise pledge, you know, it's a voluntary thing, but most -- I think most businesses have bought into it, and it's really making a difference. That's all I have. Thanks. CHAIRMAN SAUNDERS: Thank you for providing this, because it's -- COMMISSIONER TAYLOR: This is a good-news item. CHAIRMAN SAUNDERS: Very good. COMMISSIONER SOLIS: Yeah, very good news. COMMISSIONER McDANIEL: You could do this more often. COMMISSIONER SOLIS: I know. I will admit to being remiss. I should be doing this at least on a quarterly basis -- COMMISSIONER McDANIEL: Well, you know, I get a lot of questions. People ask me, what are our gas tax revenues? What are our sales tax revenues? How are we doing with the TDT tax? And I would think that maybe we could get a quarterly report or so, sooner than later, on where we're at with these revenues just to better inform our public as to where we're going and what the impacts of this really are, you know. Because it's cumulative. The budgeted amounts that you had in here pre-COVID were light, and the revenues exceeded those budgeted amounts, which carried for some of the deficits that happened when the shutdowns were transpiring. And October 27, 2020 Page 170 now we're -- because of the market and I think you called it pivoting of our staff to be able to reach people that are local travelers, it's having a positive impact. COMMISSIONER SOLIS: And one of the really interesting things is it's -- the ability to do that, to pivot on a dime, is related to how wedded we still are to print media, which we're not. I mean, this is all digital. And it's -- being at the forefront of how marketing happens and the best way to do it these days is -- it's showing up that our staff is right on top of that. CHAIRMAN SAUNDERS: I don't have anything else to add. Mr. Klatzkow? MR. KLATZKOW: No, sir. CHAIRMAN SAUNDERS: Ms. Kinzel? MS. KINZEL: Nothing. Thank you. CHAIRMAN SAUNDERS: No. All right. If there's nothing else, we are adjourned. ***** **** Commissioner Saunders moved, seconded by Commissioner Solis and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR VI AT BENTLEY VILLAGE – MULTI-FAMILY BUILDING, PL20190001458, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND/OR FINAL OBLIGATION BOND IN THE TOTAL October 27, 2020 Page 171 AMOUNT OF $19,367.46 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A2 FINAL ACCEPTANCE OF POTABLE WATER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER UTILITY FACILITIES FOR THE GOODWILL AT PINE RIDGE ROAD UTILITY, PL20200001429 Item #16A3 RECORDING THE FINAL PLAT OF SKYSAIL – PHASE ONE (APPLICATION NUMBER PL201900001066), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A4 SELECTION COMMITTEE’S RANKING FOR REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 19-7663R, “NAPLES MANOR STORMWATER IMPROVEMENTS PRELIMINARY ENGINEERING STUDY,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, KISINGER CAMPO & ASSOCIATES, CORP., SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A SUBSEQUENT MEETING Item #16A5 October 27, 2020 Page 172 ACCEPTING THE SUB-AWARD AND GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) FOR FUNDING IN THE AMOUNT OF $60,000 UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT PROGRAM FOR THE DESIGN OF THE BIG CYPRESS GOLF AND COUNTRY CLUB DRAINAGE IMPROVEMENTS AND AUTHORIZE NECESSARY BUDGET AMENDMENTS Item #16A6 DIRECTING THE COUNTY MANAGER TO REVIEW THE COASTAL ADVISORY COMMITTEE’S PROPOSED APPROACH TO ADDRESSING POTENTIAL WATER QUALITY ISSUES AFFECTING THE COUNTY’S BAYS, ESTUARIES, INLETS, AND SHORELINE AND PROVIDE FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS AT A FUTURE MEETING Item #16A7 AN AFTER THE FACT APPROVAL TO ADVERTISE AND HOLD A PUBLIC HEARING TO BE HELD ON NOVEMBER 10, 2020, AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE RELATING TO A TIME PERIOD EXTENSION OF THE TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDITS FROM SENDING LANDS IN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY, TO REVISE THE PROCEDURES AND APPROVAL PROCESS FOR COMPARABLE USE DETERMINATIONS, TO MODIFY THE October 27, 2020 Page 173 TIMEFRAMES AND PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP RECEIVING AREA, AND TO ESTABLISH AN APPROVAL PROCESS AND DEVELOPMENT STANDARDS FOR SPECIAL EVENTS WHICH TAKE PLACE IN COUNTY RIGHT-OF-WAY AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS (BOARD) ON OCTOBER 22, 2019 Item #16A8 – Moved to Item #11H (Per Agenda Change Sheet) Item #16A9 RESOLUTION 2020-189: AMENDING RESOLUTION 2017-184, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS “CLH SSA 14”; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2021, IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH SSA 14 AND THE ESCROW AGREEMENT FOR CLH SSA 14 Item #16A10 RESOLUTION 2020-190: AMENDING RESOLUTION 2017-186, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS “CLH AND CDC SSA 16”; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2021 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH AND CDC SSA 16 AND THE ESCROW AGREEMENT FOR CLH AND CDC SSA 16 Item #16B1 October 27, 2020 Page 174 DEVELOPMENT AGREEMENT BETWEEN METROPOLITAN NAPLES, LLC (SUCCESSOR TO REAL ESTATE PARTNERS INTERNATIONAL, LLC) (PURCHASER) AND THE BCC, REGARDING CERTAIN PROPERTY BENEFITS IN CONNECTION WITH THE SALE AND DEVELOPMENT OF 5.27 ACRES OF PROPERTY LOCATED IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Item #16C1 AWARDING INVITATION TO BID (“ITB”) #20-7723, “UNINTERRUPTED POWER SYSTEMS,” FOR PREVENTATIVE MAINTENANCE, TO: LBS POWER TECHNOLOGIES, INC., AS PRIMARY VENDOR, FACILITY GATEWAY CORPORATION, AS SECONDARY VENDOR, AND PRECISION POWER SERVICES, INC. AS TERTIARY VENDOR; AND, FOR ON- CALL SERVICES, TO: EOLA POWER, LLC, AS PRIMARY VENDOR, LBS POWER TECHNOLOGIES, INC., AS SECONDARY VENDOR, AND FAKOURI ELECTRICAL ENGINEERING, INC. AS TERTIARY VENDOR Item #16C2 AWARDING INVITATION TO BID (“ITB”) #20-7745, “HVAC SUPPLIES AND CUSTOMIZED PARTS,” TO JSFM, INC., D/B/A JOHNSTONE SUPPLY Item #16C3 October 27, 2020 Page 175 AUTHORIZING A BUDGET AMENDMENT FOR THE FACILITIES MANAGEMENT DIVISION IN THE AMOUNT OF $14,000,000 TO FUND TWO (2) INFRASTRUCTURE SALES SURTAX PROJECTS UNDER THE FOLLOWING CATEGORIES: HVAC, ROOFING, AND CAPITAL EQUIPMENT REPLACEMENT AT SHERIFF’S AND COUNTY FACILITIES AND EMS SUBSTATIONS Item #16C4 AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $3,475,036 FOR CAPITAL IMPROVEMENTS FOR THE COLLIER COUNTY COURTHOUSE, BUILDING L, AND APPROVE THE UTILIZATION OF COURT MAINTENANCE FEE FUNDING IN FUND 181 Item #16C5 APPROVING THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP RANKED FIRM, SCHENKEL & SHULTZ INC., CONCERNING REQUEST FOR PROFESSIONAL SERVICES (“RPS”) # 20-7753, “DESIGN SERVICES FOR COLLIER COUNTY EMS STATIONS,” SO A PROPOSED AGREEMENT CAN BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING Item#16C6 A FIFTH AMENDMENT TO LEASE AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC., October 27, 2020 Page 176 TO CONTINUE LEASING SPACE FOR THE SENIOR NUTRITION PROGRAM IN IMMOKALEE Item #16C7 AWARDING REQUEST FOR QUOTATION #20-5510, “CCSO JAIL BOILER ROOM RENOVATION,” UNDER AGREEMENT NO. 19-7525, ANNUAL AGREEMENT FOR GENERAL CONTRACTOR SERVICES, TO CAPITAL CONSTRUCTION, LLC., AND AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $418,080 Item #16C8 AN AGREEMENT FOR SALE AND PURCHASE FOR THE SOLID AND HAZARDOUS WASTE MANAGEMENT DIVISION TO ACQUIRE 2.5 ACRES THAT ADJOIN COUNTY OWNED LANDS INTENDED FOR ITS RESOURCE RECOVERY BUSINESS PARK (“RRBP”) DEVELOPMENT. THE TOTAL COST FOR THIS TRANSACTION WILL NOT EXCEED $47,000 Item #16C9 AWARDING AN AGREEMENT FOR BID (“ITB”) #20-7798, PORT OF THE ISLES HOTEL DEMOLITION PROJECT, TO HONC DESTRUCTION, INC., IN THE AMOUNT OF $388,444 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND RELATED BUDGET AMENDMENT Item #16D1 October 27, 2020 Page 177 AUTHORIZING THE CHAIRMAN TO SIGN A FIVE-YEAR SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AT COCOHATCHEE RIVER PARK WITH AN EFFECTIVE DATE OF JUNE 25, 2020 Item #16D2 A BUDGET AMENDMENT FOR FACILITIES MANAGEMENT IN THE AMOUNT OF $13,344 FOR THE RENOVATIONS AND IMPROVEMENTS AT THE GOLDEN GATE SENIOR CENTER Item #16D3 A BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED FOR THE PERIOD JANUARY 2020 THROUGH MARCH 2020 AND APRIL 2020 THROUGH JUNE 2020 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF COLLIER COUNTY RESIDENTS Item #16D4 ONE (1) RELEASE OF LIEN FOR FULL PAYMENT OF $8,947.84, PURSUANT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER- OCCUPIED AFFORDABLE HOUSING DWELLINGS October 27, 2020 Page 178 Item #16D5 ADVERTISING A PROPOSED AMENDMENT TO COLLIER COUNTY ORDINANCE 2006-56, THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT (MSTU), TO AMEND THE GEOGRAPHICAL BOUNDARIES OF THE MSTU TO REMOVE PROPERTIES THAT HAVE BEEN SUBDIVIDED AND DEVELOPED INTO A RESIDENTIAL COMMUNITY AND NO LONGER DERIVE BENEFIT FROM THE MSTU Item #16D6 A THIRD AMENDMENT TO AGREEMENT #18-7243-NS WITH THE COLLIER COUNTY SHERIFF’S OFFICE FOR THE SEASONAL TRAFFIC MANAGEMENT SERVICES ADJACENT TO THE ENTRANCE TO DELNOR-WIGGINS STATE PARK WITH AN ANNUAL SPEND NOT TO EXCEED $70,000 PER FISCAL YEAR Item #16D7 EXPENDITURES FOR THE SOLE SOURCE PURCHASE OF HOOVER IRRIGATION PUMP SYSTEMS AND TO APPROVE AN AGREEMENT WITH HOOVER PUMPING SYSTEMS CORPORATION Item #16D8 WAIVING CONTRACTUAL PAYMENT OBLIGATIONS FOR THE BAREFOOT BEACH CONCESSIONAIRE, ZACK’S FOOD October 27, 2020 Page 179 CART MINISTRY CATERING INC., FROM JUNE 1 - OCTOBER 9, 2020, DUE TO THE COVID-19 PANDEMIC Item #16D9 A SECOND AMENDMENT TO AGREEMENT #19-7537 WITH QUEST CORPORATION OF AMERICA, INC., TO CONTINUE TO OVERSEE THE COVID-19 MEDIA CAMPAIGN AND RELATED PUBLIC ASSISTANCE AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT Item#16D10 AUTHORIZE THE CHAIRMAN TO EXECUTE A CAMP HOST VOLUNTEER AGREEMENT FOR VOLUNTEERS TO TEMPORARILY RESIDE ON PROPERTY AT THE CONSERVATION COLLIER PEPPER RANCH PRESERVE Item #16D11 A) RELEASE OF LIEN, AND (B) TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND RESTRICTIONS ON REAL PROPERTY AS A RESULT OF FULL PAYMENT OF FEES AND SATISFACTION OF THE AFFORDABILITY PERIOD FOR OAKHAVEN APARTMENTS Item #16D12 THE AMENDMENT OF CONSERVATION EASEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON October 27, 2020 Page 180 COUNTY-OWNED PROPERTY AT THE VANDERBILT BEACH PARK Item #16D13 THREE (3) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $89,500 AND THE ASSOCIATED BUDGET AMENDMENTS Item #16D14 “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS TO INCREASE ALLOCATIONS, ADD SERVICES, REVISE ATTACHMENT II FUNDING SUMMARY, AND REVISE ATTACHMENT IX BUDGET RATE SUMMARY AND SUPPORTING BUDGET AMENDMENTS Item #16D15 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., CARES ACT FUNDING UNDER THE OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS TO REVISE EFFECTIVE DATE AND LANGUAGE, ADD RECREATION MATERIALS (EMERGENCIES ONLY) AND REVISE ATTACHMENT VII BUDGET AND RATE SUMMARY October 27, 2020 Page 181 Item #16D16 THE FIRST AMENDMENT TO AGREEMENT #045-2020 BETWEEN FLORIDA HOUSING FINANCE CORPORATION AND COLLIER COUNTY TO INCREASE FUNDING FOR THE CORONAVIRUS RELIEF FUND AND AUTHORIZE THE ACCOMPANYING BUDGET AMENDMENT Item #16D17 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM TO INCREASE FUNDING IN THE AMOUNT OF $23,329.35 AND TO EXTEND THE CONTRACT PERIOD TO MARCH 31, 2021, INCREASING THE ANNUAL BENEFIT AMOUNT AND APPROVE THE SUPPORTING BUDGET AMENDMENT Item #16D18 THE CHAIRMAN TO SIGN TWO (2) STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM AGREEMENT AMENDMENTS BETWEEN COLLIER COUNTY AND (A) HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. AND (B) RURAL NEIGHBORHOODS INCORPORATED TO INCREASE FUNDING, INCORPORATE ADDITIONAL LOCAL HOUSING ASSISTANCE PLAN LANGUAGE AND EXTEND THE PERFORMANCE PERIOD October 27, 2020 Page 182 Item #16D19 EXPENDITURES EXCEEDING THE $50,000 COMPETITIVE THRESHOLD IN COLLIER COUNTY PROCUREMENT ORDINANCE 2013-69, AS AMENDED, FOR ROBERT HALF INTERNATIONAL, INC., AND PREMIER STAFFING, TO CONTINUE TO PROVIDE TEMPORARY PERSONNEL SERVICES FOR CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT ADMINISTRATIVE ASSISTANCE Item #16D20 SUBMITTAL OF AN APPLICATION, ACCEPT THE FY20-21 FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL (FDDC) TRANSPORTATION VOUCHER PROJECT FUNDING FOR $150,000 TO PROVIDE SAME-DAY ON-DEMAND TRANSPORTATION SERVICE TO PERSONS WITH DISABILITIES AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16E1 AN INTERLOCAL AGREEMENT FOR MUTUAL AID BETWEEN COLLIER COUNTY AND HENDRY COUNTY FOR EMERGENCY MEDICAL SERVICES (EMS) Item #16E2 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF October 27, 2020 Page 183 PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E3 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON DECEMBER 11 AND 12, 2020; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES Item #16E4 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16E5 RENEWING THE ANNUAL COLLIER COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR COLLIER COUNTY EMERGENCY MEDICAL SERVICES TO PROVIDE CLASS 1 ADVANCED LIFE SUPPORT TRANSPORT (ALS) FOR ONE YEAR AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE Item #16E6 October 27, 2020 Page 184 THE PURCHASE OF GROUP HEALTH REINSURANCE THROUGH SUNLIFE IN THE ESTIMATED AMOUNT OF $346,872 EFFECTIVE JANUARY 1, 2021 Item #16E7 AN AGREEMENT WITH BRAXTON COLLEGE TO PROVIDE EMS SUPERVISED SKILL TRAINING AND EXPERIENCE TO STUDENTS ENROLLED IN EMERGENCY MEDICAL SERVICES TECHNOLOGY PROGRAMS Item #16F1 RESOLUTION 2020-191: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2020-21 ADOPTED BUDGET Item #16F2 A REPORT COVERING TWO BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY Item #16F3 RECOGNIZING MONA VEGA, PUBLIC SERVICES, LIBRARY DIVISION AS THE SEPTEMBER 2020 EMPLOYEE OF THE MONTH October 27, 2020 Page 185 Item #16I1 MISCELLANEOUS CORRESPONDENCE October 27, 2020 Page 186 Item #16J1 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF OCTOBER 21, 2020 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 OCTOBER 1, 2020 AND OCTOBER 14, 2020 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 AUTHORIZING THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN THE LAWSUIT STYLED CARA MCELDERRY V. COLLIER COUNTY, ET AL. (CASE NO. 19-CA-2441), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $4,500 Item #16K2 RESOLUTION 2020-192 & 2020-193: APPOINTING WILLIE BRICE III TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD, AND A RESOLUTION DECLARING A VACANCY October 27, 2020 Page 187 Item #16K3 RESOLUTION 2020-194: RE-APPOINTING JOHN COWAN AND MARY WALLER AND APPOINTING ELIZABETH JONES AND JOHN HARNEY TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Item #17A ORDINANCE 2020-33: AMENDING ORDINANCE NUMBER 09-15, AS AMENDED, THE HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT, TO INCREASE THE MAXIMUM SIZE OF THE HOUSE OF WORSHIP USE TO 35,000 SQUARE FEET; TO INCREASE THE ACCESSORY USES TO 88,000 SQUARE FEET; TO REMOVE THE DAYCARE AND SCHOOL PERMITTED ACCESSORY USES; TO ADD OUTDOOR RECREATIONAL AREAS, PLAYGROUNDS AND PLAYLOTS AS PERMITTED ACCESSORY USES; TO ELIMINATE TRACT A AND TRACT B REFERENCES; TO MODIFY THE CONCEPTUAL PUD MASTER PLAN; TO DELETE EXHIBIT G, DEPICTION OF VERTICAL BUILDING, EXHIBIT H, ARCHITECTURAL RENDERINGS AND EXHIBIT I, CONDITIONS OF APPROVAL; ADD A DEVIATION REGARDING CHAIN LINK FENCING; AND ADD A DEVIATION REGARDING PAVED AISLES FOR THE AREA UTILIZED FOR GRASS OVERFLOW PARKING. THE PROPERTY IS LOCATED AT 6926 TRAIL BOULEVARD BETWEEN RIDGE DRIVE AND MYRTLE ROAD IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PL20190002323] October 27, 2020 Page 188 Item #17B RESOLUTION 2020-195: ESTABLISHING A CONDITIONAL USE TO ALLOW A SPORTS INSTRUCTIONAL SCHOOL AND CAMP FOR SHOOTING INSTRUCTION AND TRAINING WITHIN AN AGRICULTURAL (A) ZONING DISTRICT IN THE AREA OF CRITICAL STATE CONCERN AND SPECIAL TREATMENT OVERLAY (ACSC/ST), PURSUANT TO SECTION 2.03.01.A.1.C.19 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 10.77+/- ACRE PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 29, APPROXIMATELY 8 MILES SOUTH OF I-75, IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. [PL20190001278] Item #17C ORDINANCE 2020-34: AMENDING ORDINANCE NO. 89-05, AS AMENDED, COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE URBAN COMMERCIAL DISTRICT TO ADD THE GREENWAY- TAMIAMI TRAIL EAST COMMERCIAL SUBDISTRICT TO ALLOW DEVELOPMENT OF UP TO 20,000 SQUARE FEET OF C-3, COMMERCIAL INTERMEDIATE USES AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR October 27, 2020 Page 189 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD IN SECTIONS 12 AND 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 2.81± ACRES; [PL20180002507] [ADOPTION HEARING] (THIS IS A COMPANION TO AGENDA ITEM #17D) Item #17D ORDINANCE 2020-35: 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO ALLOW UP TO 20,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST (US 41) AND GREENWAY ROAD, IN SECTIONS 12 AND 13, TOWNSHIP 51 SOUTH, RANGE 26, EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.81+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002374] (THIS IS A COMPANION TO AGENDA ITEM #17C) Item #17E October 27, 2020 Page 190 ORDINANCE 2020-36: AMENDING ORDINANCE NO. 89-05, AS AMENDED, COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY AMENDING THE URBAN COMMERCIAL DISTRICT TO ADD THE BAY HOUSE CAMPUS COMMERCIAL SUBDISTRICT TO ALLOW DEVELOPMENT OF UP TO 160 HOTEL ROOMS OR ASSISTED LIVING FACILITIES UP TO 250 BEDS, AND UP TO 400 SEATS OF RESTAURANT USES. THE SUBJECT PROPERTY IS LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL NORTH AND WALKERBILT ROAD IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FLORIDA, CONSISTING OF 8.67± ACRES. [PL20190000850] [ADOPTION HEARING] (THIS IS A COMPANION TO AGENDA ITEM #17F) Item #17F ORDINANCE 2020-37: AMENDING ORDINANCE NUMBER 13-65, THE BAY HOUSE CAMPUS COMMERCIAL PLANNED UNIT DEVELOPMENT, TO INCREASE THE NUMBER OF HOTEL UNITS FROM 50 TO 160; TO INCREASE THE HEIGHT OF PRINCIPAL STRUCTURES TO 75 FEET ZONED AND 90 FEET ACTUAL; TO ADD ASSISTED LIVING FACILITIES UP TO 250 BEDS AS A PERMITTED USE IN ADDITION TO THE ALLOWED 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE USES; AND TO REMOVE THE ACCESSORY CULINARY SCHOOL USE; ON PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL NORTH AND WALKERBILT ROAD IN October 27, 2020 Page 191 SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (COMPANION ITEM TO AGENDA ITEM #17E) Item #17G RESOLUTION 2020-196: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2020-21 ADOPTED BUDGET ***** October 27, 2020 Page 192 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:19 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ BURT 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.