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BCC Minutes 03/23/2021 RMarch 23, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 23, 2021 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: Penny Taylor William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis ALSO PRESENT: Leo Ochs, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court Troy Miller, Communications & Customer Relations Page 1 March 23, 2021 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 23, 2021 9:00 AM Commissioner Penny Taylor, District 4 – Chair – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; - Vice Chair - CRAB Co-Chair Commissioner Rick LoCastro, District 1 Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, Page 2 March 23, 2021 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Senior Pastor Heath Jarvis of Faith Life Worship Center Invocation Given 2. AGENDA AND MINUTES A. Approval of today’s regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) Approved and/or Adopted w/changes – 5/0 B. February 23, 2021 BCC Meeting Minutes Approved as presented – 5/0 C. March 1, 2021 BCC Special Meeting Minutes Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS Page 3 March 23, 2021 A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS Items #16H1, #16H2, #16H3, #16H4 and #16H5 read into the record 5. PRESENTATIONS Add on (Per Agenda Change Sheet) A. Covid-19 Status Report Update given 6. PUBLIC PETITIONS A. Public Petition request from Mr. James Rosenberger, requesting the Collier County Board of Commissioners join counties regarding protection for firearm owners and supporters in Collier County. Motion for the County Attorney to prepare an Executive Summary and bring this item back to the April 13th BCC Meeting – Approved 5/0 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Dan Cook – Government overreach and 17th Amendment B. Jacqualene Keay – Affordable Housing C. Mary Eldger – Constitutional rights 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Page 4 March 23, 2021 Collier County Board of County Commissioners amending the Town of Ave Maria Stewardship Receiving Area (SRA) to revise the SRA town plan and master plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: increase the civic uses from 148,500 to 350,000 square feet to accommodate a hospital use; redesignate 5± acres of services district to Town Center 3; to add Appendix G, deviations to provide for a signage deviation for an off-premises sign outside of the SRA boundary and a maximum lot size deviation for multi-family development; and add a vehicular trip cap based on existing permitted uses. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. (District 5) Resolution 2021-67 Adopted w/stipulation – 4/1 (Commissioner Taylor opposed) B. Recommendation to approve a Resolution proposing an amendment to the Collier County Growth Management plan, Ordinance 89-05, as amended, specifically amending the future land use element and map series to create the Immokalee Road Rural Village Overlay (IRRVO) on property within the agricultural, rural designation, rural fringe mixed use district, to establish 210.78± acres of neutral lands, 1998± acres of receiving lands and 578.49± acres of sending lands; to allow a maximum of 4042 dwelling units within the IRRVO of which a minimum of 3,000 dwelling units will be located in the receiving lands; to provide for generation of transfer of development rights credits from sending lands including one credit for restoration of farm lands; to provide for uses on sending lands to include allowable uses in county preserves; to provide for uses on neutral lands to include uses permitted by LDC section 2.03.08.a.3 on neutral lands without limitation including but not limited to agricultural activities, single family dwelling units, group housing, sports and recreation camps, farm labor housing, schools and educational plants; to provide for uses on receiving lands to include a minimum of 25,000 square feet and a maximum of 125,000 square feet of civic/institutional/government uses, a minimum of 50,000 square feet and a maximum of 250,000 square feet of commercial uses permitted by right and conditional use in the general commercial (c-4) zoning district, with non-residential uses subject to a cap of 375,000 square feet in the receiving lands; providing for a greenbelt and native vegetation requirements; and furthermore directing transmittal of the amendment to the Florida department of economic opportunity. The subject property is 2787.27± acres and located on east side of Immokalee Road, approximately two miles north of Oil Well Road, in sections 1 and 2, township 48 south, range 27 east, in sections 25 and 35. (Transmittal Hearing) (PL2018002660) (District 5) Resolution 2021-68 & Resolution 2021-68A Adopted — 5/0 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard immediately following Item #7. Recommendation to provide additional staff direction regarding the County Manager recruitment process. (All Districts) Motion to hire and negotiate a contract with Mark Isackson as the new County Manager—Approved 5/0; Tabled and report back on item after lunch; Motion to approve contract effective March 23, 2021 — Approved 5/0 B. Request by Commissioner McDaniel to reconsider Companion Items #9A and #16A1 from the March 9, 2021 BCC Meeting. Item #9A: Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Golden Gate Parkway Overlay District (GGPOD) and eliminate the Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and establish uses, boundaries and design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions; Chapter Two - Zoning Districts and Uses; Chapter 4 - Site Design and Development Standards; Chapter Five - Supplemental Standards; and Chapter 10 - Application, Review, and Decision-Making Procedures; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, effective date. Item #16A1: Recommendation to approve a resolution amending the administrative code for land development, which was created by Ordinance No. 2013- 57, by amending Chapter Six, Waivers, Exemptions and Reductions, more specifically to add section M, Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD); and providing an effective date. (All Districts) Page 5 March 23, 2021 Page 6 March 23, 2021 Commissioner McDaniel wants the record to reflect that he wishes to change his vote to “No” for Agenda Item #9A from the March 9, 2021 BCC Meeting - Consensus C. Recommendation to conduct a public workshop on the proposed expansion of the Big Cypress Basin in conjunction with impacted county and municipal leaders and representatives of the South Florida Water Management District and Big Cypress Basin. (Commissioner McDaniel) (All Districts) Setting a Workshop date for April – Approved 5/0 D. Legislative Priorities by John Mullins. Update given 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (“ITB”) No. 21-7823, “108th and 109th Avenues Public Utilities Renewal" (Project Numbers 60139 and 70120), to Douglas N. Higgins, Inc., in the amount of $12,337,900, and authorize the Chair to sign the attached Agreement and authorize the necessary budget amendments. This is a companion to Agenda Items #11B and #11C. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (District 2) Approved – 5/0 B. Recommendation to approve a work order to Q. Grady Minor & Associates, P.A., under Agreement Number 15-6450, for Construction Administration Services for the Public Utility Renewal Project for 108th and 109th Avenues (Project Numbers 60139 and 70120) in the amount of $324,208. This is a companion to Agenda Items #11A and #11C. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (District 2) Approved – 5/0 C. Recommendation to approve a $1,145,540 Purchase Order to Stantec Consulting Services, Inc., under Agreement Number 14-6345 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 108th and 109th Avenues North, Project Numbers 60139 and 70120. This is a companion to Agenda Items #11A and #11B. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (District 2) Approved – 5/0 Page 7 March 23, 2021 D. Recommendation to approve the purchase of Property, Terrorism and Equipment Breakdown Insurance effective April 1, 2021 in the estimated amount of $4,612,483. (Jeff Walker, Risk Management Director) (All Districts) Approved – 5/0 E. Recommendation to accept the staff report regarding truck traffic on Logan Boulevard Extension between Immokalee Road and the Lee County line. (Anthony Khawaja, Chief Engineer Traffic Operations) (District 3) Motion for the County Attorney to bring back options/solutions for roadway issues at the April 13th BCC Meeting – Approved 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future Workshop Schedule (All Districts) B. Mr. Ochs – CRA Workshop on April 6, 2021 C. Mr. Klatzkow – Seed to Table Action D. Commissioner Saunders - Motion to dismiss the Seed to Table Action – Approved – 5/0 E. Commissioner Taylor – US Army Corps of Engineers overview discussion at the April 13th BCC Meeting F. Commissioner Taylor – Resiliency Compact G. Commissioner Taylor – Florida Legislative Bill H. Commissioner Taylor – Flags/Banners I. Commissioner Taylor – Mask mandate to sunset April 13, 2021 J. Commissioner LoCastro – Wastewater/Utility main break K. Commissioner McDaniel – Wastewater/Utility main break L. Commissioner Solis – TDC Update Page 8 March 23, 2021 M. Commissioner Solis – Bill in committee using TDC fund for flood mitigation N. Commissioner Saunders – Tigertail Beach Concessions Agreement O. Commissioner Saunders – Commissioner Summer Break P. Commissioner LoCastro – Tigertail Concessions, Summer Break Q. Commissioner Taylor - Adjourned ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes – 5/0 A. GROWTH MANAGEMENT DEPARTMENT Continue Indefinitely (Per Agenda Change Sheet) 1) Recommendation to approve the issuance of a Right-of-Way (ROW) Permit to create a designated parking area within the ROW on a specific segment of Hamilton Avenue from Thomasson Drive to Bay Street. (This is a companion to Agenda Item #16C1. All items must be either approved or denied together on today’s agenda) (District 4) 2) Recommendation to approve final acceptance of the potable water and sewer facilities for Addison Place, PL20180002227, accept the conveyance of a portion of the potable water and sewer facilities, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 3) A final inspection was conducted on November 25, 2020 and found the facilities to be satisfactory 3) Recommendation to approve final acceptance of the potable water and sewer facilities for Staybridge Suites, PL20180003442, accept the conveyance of a portion of the potable water facilities, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $14,319.58 to the Project Engineer or the Developer’s designated agent. (District 1) Page 9 March 23, 2021 Located off of Triangle Blvd and Celeste Drive 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Ave Maria School of Law Sports Complex, PL20190002227, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $5,179.07 to the Project Engineer or the Developer’s designated agent. (District 3) Located at the corner of Vineyards Blvd and Vanderbilt Beach Road 5) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Olympia Park Plaza Unit 300, PL20210000253. (District 2) Located at the corner of Airport-Pulling Road and Vanderbilt Beach Road 6) Recommendation to approve final acceptance of the potable water and sewer facilities for Addison Place Expansion, PL20190001502, accept the conveyance of the sewer facilities, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $7,896.36 to the Project Engineer or the Developer’s designated agent. (District 3) A final inspection was conducted on February 5, 2021 and found the facilities to be satisfactory 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Del Webb Naples Parcels 205- 208, (Application Number PL20200001578) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 5) Located within Ave Maria 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $17,800 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001441) for work associated with Tollgate Plaza Parking Lot. (District 5) Page 10 March 23, 2021 9) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $72,400 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001503) for work associated with SkySail – Phase One. (District 5) 10) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $54,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001503) for work associated with Tree Farm. (District 3) 11) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,200 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200002263) for work associated with Naples Classical Academy. (District 5) 12) Recommendation to approve an Agreement for the purchase of land (Parcel 207FEE) required for the Vanderbilt Beach Road Extension (Project No. 60168). (All Districts) Folio #37543640000 13) Recommendation to approve the release of a code enforcement lien, with an accrued value of $171,318.98 for payment of $5,118.98 in the code enforcement action titled, Board of County Commissioners v. LSF9 MSTR Participation Trust, relating to property located at 4070 29th Ave NE, Collier County, Florida. (District 5) Violation for unpermitted alteration work to the interior of the main structure that was brought into compliance on October 26, 2020 14) Recommendation to authorize a budget amendment to recognize revenue and transfer funding for projects within the Transportation Supported Gas Tax Fund (313) and Transportation & CDES Capital Fund (310) in the amount of $138,880.17 (Projects #60066, #60085, #60088, #69331, #69333, #69336, #69339, and #69338). (All Districts) As detailed in the Executive Summary Page 11 March 23, 2021 15) Recommendation to approve Change Order No. 4 to Agreement No. 06-4000 with Jacobs Engineering Group, Inc., (f/k/a CH2M Hill) in the amount of $499,810, for modifications to the Vanderbilt Beach Road Extension Project consistent with Board approved alignment. (Project No. 60168) (District 5) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency and the Board of County Commissioners review and accept the 2020 Annual Reports for the two component areas: Bayshore Gateway Triangle and Immokalee Community Redevelopment Areas (CRA) and publish the reports on the appropriate websites. (District 4, District 5) C. PUBLIC UTILITIES DEPARTMENT Continue Indefinitely (Per Agenda Change Sheet) 1) Recommendation to approve the attached Amendments of Conservation Easements that were deeded by Naples Botanical Garden (NBG) to the South Florida Water Management District (SFWMD) and Collier County (County), and by NBG to SFWMD. (This is a companion item to Agenda Item #16A1. All items must be either approved or denied together on today’s agenda.) (District 4) 2) Recommendation to award an Agreement for Invitation to Bid (“ITB”) No. 21-7832, Cocohatchee River Park Fuel Tank Replacement project, to ATC Group Services LLC, in the amount of $216,500 and authorize the Chair to sign the attached agreement and related budget amendments. (District 2) Located at 13535 Vanderbilt Drive 3) Recommendation to approve the document necessary to convey an easement to Florida Power & Light Company over property owned by Collier County at the proposed Heritage Bay Government Center site. (All Districts) Folio #49660082584 4) Recommendation to approve Amendment No. 3 with South Florida Water Management District to continue leasing office space for Page 12 March 23, 2021 Tourism on Horseshoe Drive North for one additional year. (All Districts) 5) Recommendation to approve a Lease Agreement with American National Insurance Company to relocate the office for Pelican Bay Services to another office within the Suntrust Bank building in Pelican Bay, and to approve a Sublease Agreement between Collier County and The Pelican Bay Foundation. (District 2) 6) Recommendation to award Invitation to Bid No. 21-7833 “Golden Gate Community Park Pool Reconstruction and Restroom Alteration” to Compass Construction, Inc., in the amount of $958,060, authorize the Chair to execute the attached Construction Services Agreement, and approve the attached budget amendment. (All Districts) 7) Recommendation to award an agreement to Schenkel & Shultz Inc., for Request for Professional Services (“RPS”) No. 20-7753, “Design Services for Collier County EMS Stations,” in the amount of $713,680 for two new Emergency Medical Services stations approved in the Infrastructure Sales Tax program. (All Districts) For the Golden Gate Estates EMS Station 74 and Old 41/North Naples EMS Station 412 D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept and appropriate a Fidelity Charitable Donor-Advised Fund grant of $100 to support the Collier County Public Library and authorize the necessary Budget Amendment. (All Districts) 2) Recommendation to authorize a Budget Amendment to recognize carry forward of residual funds from the 4-H Youth Development Program funding received by the Public Services University Extension Services Division. (All Districts) 3) Recommendation to approve and authorize the Chairperson to sign the First Amendment to the grant-funded HVAC installation subrecipient agreement between Collier County and the Collier County Housing Authority to extend the agreement, modify the Federal Award Identification Number and clarify the match language. (All Districts) Page 13 March 23, 2021 4) Recommendation to approve and authorize the Chairman to sign the First Amendment of the sub-award agreement between Collier County and the Institute for Intergovernmental Research for the Building Bridges Between Jails and Community-Based Treatment for Opioid Use Disorder Demonstration Project. (All Districts) 5) Recommendation to recognize and accept revenue for a Collier Area Transit bus shelter in the amount of $65,000 and to approve all necessary Budget Amendments. (District 2) For bus shelter improvements at an existing CAT bus stop located on US 41 between Ridge Drive and Myrtle Road 6) Recommendation to approve and authorize the Chairperson to sign an agreement between Collier County and Housing Development Corporation of SW Florida, Inc., d/b/a HELP to provide administration of a mortgage and utility assistance program through the Collier County Assistance Funds to benefit individuals and households impacted by the Coronavirus pandemic. (All Districts) Providing benefits to residents in need of mortgage, utility, and foreclosure prevention counseling 7) Recommendation to approve an “After-the-Fact” Agreement and attestation statement with the Area Agency on Aging for Southwest Florida, Inc., Coronavirus Consolidated Appropriations Act funding under the Older American Act grant program for the Collier County Services for Seniors Program and authorize the necessary Budget Amendments. (All Districts) The total grant award for the CCA Agreement in the amount of $231,742.07 8) Recommendation to approve a Purchase Order to Capital Contractors, LLC under Agreement No. 19-7525, “Annual Agreement for General Contractors,” to be funded by the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) in the amount of $229,853.35, for the construction of paver sidewalks at the southwest and northwest corners of Vanderbilt Drive and Bluebill Ave. (District 2) 9) Recommendation to approve the Fifth Amendment to Agreement No. 19-002-WV between Collier County and Benevate, Inc., for Grant Page 14 March 23, 2021 Management Software to support the Emergency Rental Assistance and the Collier County Assistance Program, authorize the expenditures under the Waiver, and authorize the Chair to sign the amendment. (All Districts) For the continued needs of Collier County residents and business owners affected by COVID-19 10) Recommendation to approve an “After-the-Fact” grant application for a 3-year Florida Department of Children and Families Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant in the amount of $1,200,000. (All Districts) Engaging inmates that are exiting the jail system in medication- assisted treatment (MAT) to reduce re-incarceration 11) Recommendation to approve and authorize the chairperson to sign a release of lien for a unit that is no longer subject to the terms of the Affordable Housing Density Bonus Program. (All Districts) Property located at 4430 Botanical Place Circle, Unit 104 E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS Intra-facility ALS Ambulance Transport) for the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee. (All Districts) 2) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) 3) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a report covering two budget amendments impacting reserves and moving funds in an amount up to Page 15 March 23, 2021 and including $25,000 and $50,000, respectively. (All Districts) BA #21-345 for Domestic Animal Services Donations 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY20-21 Adopted Budget. (All Districts) Resolution 2021-59 G. AIRPORT AUTHORITY 1) Recommendation to approve the submittal of the attached Federal Aviation Administration (FAA) Airport Coronavirus Response Grant Program (ACRGP) grant applications to request eligible funds under the Coronavirus Response and Relief Supplemental Appropriations Act (Public Law 116-260) (CRRSAA) in the amount of $23,000 for the Marco Island Executive Airport (MKY) and $13,000 for the Immokalee Regional Airport (IMM). (District 5) 2) Recommendation to adopt a Resolution authorizing execution of Amendment for Extension of Public Transportation Grant Agreement (PTGA) G0Z16 with the Florida Department of Transportation to extend the end date of the Agreement for the Security Enhancements at the Immokalee Regional Airport from June 30, 2021 to December 31, 2021 to provide sufficient time for project completion. (District 5) Resolution 2021-60 H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating March 18 - 28, 2021 as the 45th Anniversary of the Collier Fair. The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. Adopted 2) Proclamation designating April 17 - 24, 2021 as Pickleball Week in Collier County. The proclamation will be mailed to Terri Graham, co- founder of Minto US OPEN Pickleball Championships. Adopted 3) Proclamation designating March 2021 as American Red Cross Month Page 16 March 23, 2021 in Collier County. The proclamation will be mailed to Jill Palmer, Executive Director, American Red Cross - Florida Gulf Coast to Heartland Chapter. Adopted 4) Proclamation designating April 2021 as Child Abuse Prevention Month in Collier County. The proclamation will be mailed to Laura Lafakis, Associate Director of Development, Youth Haven, Inc. Adopted 5) Proclamation designating April 5 - 9, 2021 as National Community Development Week in Collier County. The proclamation will be delivered to Kristi Sonntag, Director, Community and Human Services Division. Adopted I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) 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 February 25, 2021 and March 10, 2021 pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 17, 2021. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Jose Cruz v. Collier County Board of Commissioners, (Case No. 19-CA-3739), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $60,000. (All Districts) Relating to an accident involving a county vehicle from March 30, Page 17 March 23, 2021 2017 on Davis Blvd, near W. Crown Point Blvd. 2) Recommendation to approve a pre-suit Mediated Settlement Agreement for the total amount of $105,669 for the taking of Parcel 1165FEE, required for the Vanderbilt Beach Road Expansion Project [Project No. 60168]. (All Districts) 3) Recommendation to appoint three members to the Health Facilities Authority. (All Districts) Resolution 2021-61: Re-appointing Robert H. Chalhoub and George Russell Weyer and Appointing Rebecca Ann Gatian to fill a vacant seat 4) Recommendation to reappoint a member to the Public Transit Advisory Committee. (All Districts) Resolution 2021-62: Re-appointing Devon Browne to a three-year term expiring on March 22, 2024 5) Appointment of members to the Pelican Bay Services Division Board. (District 2) Resolution 2021-63: Appointing David Mangan (representing Commercial/business interests) and re-appointing Joseph Chicurel and appointing John Cullen, Susan Lyons Hamilton and Michael Lee Rodburg (all representing residential interest) 6) Recommendation to appoint a member to the Bayshore Beautification Advisory Committee. (District 4) Resolution 2021-64: Appointing John M. Smith to fill the remainder of a vacant seat expiring on March 3, 2023 ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all Page 18 March 23, 2021 participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Adopted – 5/0 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PL20200001448, City Gate PUDA- Recommendation to approve an Ordinance amending Ordinance No. 88-93, as amended, the City Gate Commerce Park Planned Unit Development; by increasing the development intensity for the sports complex extension lot by adding ±10,000 square feet for medical office uses for Collier County employees only; by increasing the actual height for the sports complex project and certain lots east of the FPL easement to 100 feet; by amending the development standards and deviations; by increasing the trip limitation for the sports complex extension lot; by updating the master development plan to show the current lot configuration and relocation of City Gate Boulevard South. The subject property consisting of 419.60± acres is located at the northeast quadrant of the intersection of I-75 and Collier Boulevard (CR 951) in Sections 35 and 36, Township 49 South, Range 26 East, in Collier County, Florida. (This is a companion item to Development Order Amendment Petition PUDA-PL20200002056, Agenda Item #17B.) [PL20200001448] (District 5) Ordinance 2021-15 B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PL20200002056, City Gate Commerce Park DRI- Recommendation to approve a Resolution amending Development Order 88- 02, as amended, the Citygate Commerce Park Development of Regional Impact, providing for Section One: amendments to add ±10,000 square feet of medical office uses to the DRI; amendment to the master development plan; and increase the trip cap limitation; Section Two: findings of fact; Section Three: conclusions of law; Section Four: effect of previously issued development order, transmittal to the Department of Economic Opportunity and providing an effective date. The subject property consisting of 419.60+ acres is located at the northeast quadrant of the intersection of I-75 and Collier Boulevard (CR 951) in Sections 35 and 36, Township 49 South, Range 26 East, in Collier County, Florida. (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20200001448, Agenda Item #17A). [PL20200002056] (District 5) Page 19 March 23, 2021 Development Order 2021-01/Resolution 2021-65 C. Recommendation to amend Ordinance No. 2021-02, the County Government Productivity Committee Ordinance, to increase the membership of the Productivity Committee from nine to eleven members. (All Districts) Ordinance 2021-16 D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the FY20-21 Adopted Budget. (All Districts) Resolution 2021-66 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. March 23, 2021 Page 2 MR. OCHS: Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Thank you very much. Good morning. MR. OCHS: Good morning. Item #1A SENIOR PASTOR HEATH JARVIS OF FAITH LIFE WORSHIP CENTER - INVOCATION GIVEN CHAIRMAN TAYLOR: I believe we have our senior pastor, Heath Jarvis, from Faith Life Worship Center to give us our prayer. And after that I'm going to ask Commissioner McDaniel if he would lead us in the Pledge. PASTOR JARVIS: Good morning, everyone. CHAIRMAN TAYLOR: Good morning. PASTOR JARVIS: Let's pray. Father in heaven, we come before you today. We're thankful that we live in the greatest nation on this earth. We're thankful to see your hand of protection and provision on us. We're thankful to live in one of the most beautiful places on earth here in Southwest Florida. Today, God, we have the opportunity to discuss some important topics that affect all who live here, and I ask for your guidance as we discuss these issues, help us to discuss these things with civility, with patience, and with respect. Most of all, Lord, help us to make the decisions that will best benefit our community. Lord, I also pray for our leadership here today in Collier County. Lord, they have important conversations ahead of them today and, Lord, they have the responsibility to make wise decisions on behalf of our community. I pray for your peace and your guidance and March 23, 2021 Page 3 your protection and provision over them and their families. Your word tells us in the book of James that if we ask for your wisdom, you will give it to us in generous abundance. So, Lord, we ask for it, and we receive it thankfully by faith. And I pray this according to your word, and I pray it in the name of Jesus. Amen. COMMISSIONER McDANIEL: With me, ladies and gentlemen. (The Pledge of Allegiance was recited in unison, and the proceedings continued as follows:) CHAIRMAN TAYLOR: I would ask that we remain standing and that we give this moment a few seconds, a few -- a minute or so to remember those who lost their lives yesterday in Boulder, Colorado. (A moment of silence was observed.) CHAIRMAN TAYLOR: Thank you very much. County Manager. Item #2A TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of March 23rd, 2021. The first proposed change is to add Item 5A to this morning's agenda. This is a monthly presentation of your COVID status report. That was inadvertently left off your index. My apologies there. The next item is to continue Item 16A1 and also 16C1, which is March 23, 2021 Page 4 a companion item to 16A1. These are continued at Commissioner Taylor's request. They have to do with right-of-way designations and permitting an interlocal agreement with the Naples Botanical Garden all related to the improvements of Hamilton Avenue. We have one time-certain item. That's Item 10A. That will be heard immediately following Item 7, which is your public comment on general topics not on today's agenda. And those are all the changes that I have, Madam Chair. CHAIRMAN TAYLOR: Thank you very much. Commissioner Solis, any changes or additions to the agenda? COMMISSIONER SOLIS: No changes or revisions, and on the -- and as far as disclosures on the consent agenda, no disclosures. CHAIRMAN TAYLOR: Thank you very much. Commissioner LoCastro. COMMISSIONER LoCASTRO: I have no changes, and as far as the consent agenda as well, I have nothing on the consent agenda; no disclosures. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: I as well have no changes nor any disclosures. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Madam Chair, I have no disclosures and no changes. I have a comment in reference to 16A13. I don't want that removed from the consent agenda. I just want to make a comment when it's appropriate. If now is the appropriate time, I'll do that. CHAIRMAN TAYLOR: Now would be the appropriate time. COMMISSIONER SAUNDERS: I've asked the County Attorney -- and I'd like for kind of a report to come back to us at our next meeting. We have a policy in place dealing with code enforcement that March 23, 2021 Page 5 goes back to the Great Recession of 2008, 2010, and 2011 time frame, and we're obviously well beyond that. We have our own little mini recession, I guess, in terms of the pandemic. But I think we need to take a look at the policy and make sure that it's up to speed in terms of our current situation. So with the permission of the Board, I'd like to direct the County Attorney to come back with us with a report on how we handle code enforcement and if he has any suggested changes due to the changes in circumstances. CHAIRMAN TAYLOR: Do we have consensus on the Board? (No verbal response.) CHAIRMAN TAYLOR: Thank you very much. All right. And I have no disclosures and no changes to the agenda except as noted. MR. MILLER: Madam Chair? CHAIRMAN TAYLOR: Yes. MR. MILLER: I do have one registered online speaker for the summary agenda. I'm not sure what it's in reference to, but I guess now would be the time to call on her. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Jean Ruppel. Ms. Jean Ruppel, you've registered to speak on a summary agenda item. Can you unmute yourself and tell us what item you want to speak about, please, ma'am -- or sir. I'm sorry, Jean. Jean Ruppel or Jean Ruppel. Now would be the time to unmute yourself, please. (No response.) MR. MILLER: All right. We'll try to communicate with them off-line, Commissioner. But she's -- Madam Chair, she's not unmuting. Thank you. CHAIRMAN TAYLOR: Thank you very much. So given that, and we're about to approve the agenda, I'm March 23, 2021 Page 6 assuming her comments -- I don't know where we go from here. Just approve the agenda, and then we'll go from there. MR. MILLER: Yes, ma'am. CHAIRMAN TAYLOR: Okay. So do I hear a motion to approve the agenda? COMMISSIONER SOLIS: Motion to approve the agenda. COMMISSIONER LoCASTRO: Second. CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Proposed Agenda Changes Board of County Commissioners Meeting March 23, 2021 Add-On Item 5A: COVID-19 Status Report Continue Item 16A1 Indefinitely: Recommendation to approve the issuance of a Right-of- Way (ROW) Permit to create a designated parking area within the ROW on a specific segment of Hamilton Avenue from Thomasson Drive to Bay Street. (This is a companion to Agenda Item 16C1. All items must be either approved or denied together on today’s agenda) (Commissioner Taylor’s request) Continue Item 16C1 Indefinitely: Recommendation to approve the attached Amendments of Conservation Easements that were deeded by Naples Botanical Garden (NBG) to the South Florida Water Management District (SFWMD) and Collier County (County), and by NBG to SFWMD. (This is a companion item to Agenda Item 16A1. All items must be either approved or denied together on today’s agenda.) (Commissioner Taylor’s request) Time Certain Item: Item 10A to be heard immediately following Item 7 4/6/2021 4:09 PM March 23, 2021 Page 7 Item #2B FEBRUARY 23, 2021 BCC MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the Board of County Commissioners meeting minutes of February 23rd, 2021. CHAIRMAN TAYLOR: Do I hear a motion to approve? COMMISSIONER SOLIS: So moved. CHAIRMAN TAYLOR: A second? COMMISSIONER LoCASTRO: Second. CHAIRMAN TAYLOR: Approval and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Thank you. Item #2C MARCH 1, 2021 BCC SPECIAL MEETING MINUTES APPROVED AS PRESENTED MR. OCHS: Item 2C is approval of a Board of County Commissioners special meeting minutes from the March 1st, 2021, meeting. March 23, 2021 Page 8 COMMISSIONER McDANIEL: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Motion and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Madam Chair, that takes us to the reading of the titles of your proclamations on your consent agenda this morning. We have several. With your permission, I'll go ahead and read those. CHAIRMAN TAYLOR: Thank you. Item #4 PROCLAMATIONS - ITEMS #16H1, #16H2, #16H3, #16H4 AND #16H5 READ INTO THE RECORD MR. OCHS: First is Item 16H1. This is a proclamation designating March 18th through the 28th, 2021, as the 45th anniversary of the Collier County Fair. This proclamation will be mailed to Rhonda Ward, the manager of the fair. Item 16H2 is a proclamation designating April 17th through the 24th, 2021, as Pickleball Week in Collier County. The proclamation will be mailed to Ms. Terri Graham, the Cofounder of the Minto US Open Pickleball Championships. March 23, 2021 Page 9 Item 16H3 is a proclamation designating March 2021 as American Red Cross Month in Collier County. The proclamation will be mailed to Jill Palmer, the executive director of the Florida Gulf Coast to Heartland Chapter of the American Red Cross. Item 16H4 is a proclamation designating April 2021 as Child Abuse Prevention Month in Collier County. The proclamation will be mailed to Laura Lefakis, associate director of development for the Youth Haven, Incorporated. Finally, proclamation -- excuse me, Item 16H5 is a proclamation designating April 5th through the 9th, 2021, as National Community Development Week in Collier County. This proclamation will be delivered to Kristi Sonntag, your director of the Community and Human Services Division. And those are all of today's proclamations, Madam Chair. CHAIRMAN TAYLOR: Thank you. Do we need a motion on that? MR. OCHS: No, ma'am. You've already approved them. CHAIRMAN TAYLOR: All right. Thank you very much. MR. OCHS: Thank you. Item #5A COVID-19 STATUS REPORT – UPDATE GIVEN MR. OCHS: Now we move to Item 5A. This is the monthly COVID-19 status report. The report will be given by a number of staff. We'll begin this morning with a presentation by your director of public health, Kimberly Kossler. And Mohammad Abbasi, I see, is here as well. CHAIRMAN TAYLOR: And this would be Mr. Abbasi? MR. OCHS: He's going to tell us that right now. March 23, 2021 Page 10 CHAIRMAN TAYLOR: Was that good? Was that great? Am I observant? MR. ABBASI: Good morning. Mohammad Abbasi, Florida Department of Health in Collier County. MR. OCHS: Are we on here? MR. MILLER: Did you bring a PowerPoint, sir? MR. ABBASI: Yes, I have it. MR. MILLER: Hold on one minute. Is this it? MR. ABBASI: No. I have the slide I can present. MR. MILLER: Okay. MR. OCHS: There you go. I'll just put your visualizer up. MR. ABBASI: So we'll start by looking at the emergency department visits for influenza-like illness syndrome. Looking on the left-hand side of the slide, that number of visits over the last two weeks are trending down, and on the right-hand side of the slide is the long-term trend from July of last year. MR. OCHS: Say when you want another slide. MR. ABBASI: Next, please. Okay. Moving on to the emergency department visits for COVID-like illness syndrome, they're also trending down over the last two weeks, and on the right-hand side, you can see the trend -- long-term trend. There's a slight increase over the last two weeks, but it's not a significant increase if you look on the right -hand side. Moving on to the positivity rate, it is also trending down over the last two weeks, on the left-hand side. And if you look at the right-hand side, the long-term trend, we were plateaued at around 6 percent for three to four weeks, but the current positivity rate is 5.6 percent, which is below 6 percent over the last 14 days. These are the positivity rates across different areas of the county, and they range from a low of 4.8 percent in North Naples to a March 23, 2021 Page 11 high of 8.1 percent in Marco Island. Next, please. Looking at the hospital capacity, the number of COVID filled beds, there's a slight downward trend. Overall bed occupancy is high, which is typical for this time of the year. Next, please. MR. MILLER: I've got it, Leo. MR. OCHS: There you go. You're on. MR. ABBASI: So looking at the number of hospitalized cases in Collier County, the 14-day average, you can see there's a significant downward trend starting around last week of January, and then it kind of plateaued over the last two weeks, and there's a slight, slight downward trend there. I'll go to Kimberly. MS. KOSSLER: Good morning. So just to give a quick review of total cases to date, we are currently at -- I'll find my little page here. So as of yesterday, total cases reported is 31,402; 490 deaths related to COVID. As far as our vaccination efforts, total people vaccinated, 115,061. That's over 69,000 people who have completed their series and over 183,000 doses that have been administered. For our percentage of 65-plus years and older population is 73 percent, and if you factor in the 60-plus, 60 to 64 in that, we're around 65 percent. So still working on the age groups as they continue to drop. So in collaboration with our great partnerships -- obviously, we can't do this by ourselves. We are -- and our increasing commercial pharmacies are continuing to come on board. We expect more and more of that to happen as well. We're providing throughout the county over a thousand plus vaccines on average each day. So the new executive order which took effect March 22nd March 23, 2021 Page 12 lowered the age group to 50 years old. In addition, I wanted to make sure everybody knows that the state has launched a system for the homebound who wish to receive the COVID-19 vaccine. Anyone in the public can email requests to homeboundvaccine@em.myflorida.com. You put in your name and phone number, and someone will contact you to set up an appointment. We continue to utilize our community partnerships to provide vaccines out in the community to our residents. We are contacti ng individuals registered through the State of Florida myvaccine.fl.gov preregistration site, or also known as ShareCare, to schedule appointments. For anyone who is having difficulty scheduling or unable to transport to any of the vaccine sites, they can contact our call center. It's open seven days a week 9:00 to 5:00. And that number is 252-6220. There's also a list of vaccine sites that you can find on Florida COVID vaccine site locator, and that's FloridahealthCOVID19.gov, and CDC also has one at vaccinefinder.org, and that includes all the pharmacies as well. So CDC has been providing updates and recommendations. This slide captures some of the latest guidelines as far as fully vaccinated people. After you've been fully vaccinated against COVID-19, which either means the Johnson & Johnson single dose or the two-dose Moderna or Pfizer, you have to have two weeks into it in order to have that full immunity take effect. So after you've been fully vaccinated, you should keep taking precautions in pu blic places, like wearing a mask, staying six feet apart from others and avoiding crowds or poorly ventilated spaces as we learn more, is the disclaimer for that. So as recommendations continue to be made and we continue to have more understanding about the virus and the vaccine, what we March 23, 2021 Page 13 are learning is how the vaccine will affect the spread. Some early data does show that the vaccine may help keep people from spreading it, but we are continuing to learn more about that. We know that vaccines for COVID-19 are effective at preventing disease, especially severe illness and death. We are still learning about how effective it is against the variants of the viruses that causes the COVID-19 disease, and we're learning more about that as well. And we're also learning about how long the vaccines can protect people. So more recommendations to come on that as well. And last, but not least, we are still doing testing and recommending testing. It's provided at the Health Department as well as various locations throughout the county. As of yesterday, we have received over 178,000 tests conducted to date with an average of about 7,000 being conducted weekly. And that concludes our presentation. Any questions? CHAIRMAN TAYLOR: Yes. Commissioner McDaniel. COMMISSIONER McDANIEL: How -- we purchased a mobile testing facility, and that was contemplated to be a mobile vaccination facility. They called it the Minnie Winnie. Then got renamed the Thor. How's that working out? Is it still working, and can we help you with that? MS. KOSSLER: My understanding, there was some maintenance being -- happening with it right now. I think it can still definitely be utilized for testing when it comes back. And we can look at that as far as utilizing for vaccine as well once we get out of the large point of distribution business and -- COMMISSIONER McDANIEL: I'm hearing the vaccination numbers are increasing a lot. MS. KOSSLER: Right. COMMISSIONER McDANIEL: That's really good news. March 23, 2021 Page 14 And how long has the mobile unit been down for maintenance? MS. KOSSLER: I'm not sure. I think it's been a couple weeks, but I can follow up and check on that. COMMISSIONER McDANIEL: If you would and let us know if there's something we can help with from a staffing maintenance standpoint. MS. KOSSLER: Absolutely. COMMISSIONER McDANIEL: That doesn't need to be immobile. MS. KOSSLER: Right, okay. COMMISSIONER McDANIEL: Thank you. CHAIRMAN TAYLOR: I wondered if you could tell us -- explain to the public the rationale behind working with groups within our community and what the -- in your opinion and the Department of Health opinion, what the advantage is. Thank you. MS. KOSSLER: Sure. So with some of the organizations we're utilizing through faith-based organizations, Senior Center, and HOAs to target specific age groups under the executive order, many individuals were having a lot of difficulty registering, whether it was through the system or transporting, just working through the overall system. So we felt, in partnerships, to get the word out and make sure people have a way of getting it, can help educate them on the process; that's the benefit of why we're using and continue to use them. It seems to be a little bit more of a target approach for the county as well, and we think that that's beneficial with the commercial suppliers, the pharmacies and such coming on board and increasing, too. CHAIRMAN TAYLOR: Thank you, Ms. Kossler. MR. OCHS: Madam Chair? CHAIRMAN TAYLOR: Yes. MR. OCHS: We have Mr. Mullins also here from the staff. March 23, 2021 Page 15 I'd like to have him present a few slides that he's presented in the past updating the comparative county information. CHAIRMAN TAYLOR: Okay, very good. Mr. -- Commissioner LoCastro has a question. COMMISSIONER LoCASTRO: As a follow-up to that, I was going to ask the same thing about communities. What has been your response? You know, I mean, number one, I want to commend you and Christine and the rest of your staff, your sense of urgency, at least, getting back to -- I mean, I would expect to all the commissioners. I get back a note, you know, quickly with a big issue. But how has that community response been where people can apply? And I realize, as you reminded me, or maybe it was Christine, they're not applying to bring the vaccine to their clubhouse, but it's to identify them for maybe a series of -- a number of doses or whatnot. But has it been an overwhelming response, and how have you been prioritizing it? I get that question a lot. MS. KOSSLER: So we're definitely getting more positive feedback than negative. That's how we try to balance. It's like, okay, we're definitely getting a lot more, you know, help, more people interested, more organizations interested, and I think the positives are outweighing the negatives on that side. As far as prioritizing, we're working with our partnerships and helping to divvy up to them as well on who they can take within their jurisdiction as far as if they're going to them or if we're bringing t hem through our large drive-through site. So it's somewhat of a first-come first-serve, but it can also just depend on location and numbers as well. COMMISSIONER LoCASTRO: But have we started to increase those communities? I mean, did the first bigger list come out, and is it going to be something that's going to be continuous and regular that we're going to -- you're going to preselect or select these March 23, 2021 Page 16 applicants in a prioritization order? MS. KOSSLER: As long as we're in the business right now that we're in, we'll continue that service to the community. COMMISSIONER LoCASTRO: Yeah. MS. KOSSLER: It seems to be a positive impact. And as more and more commercial pharmacies and things come on board, we can scale back and target more for harder to reach as well. COMMISSIONER LoCASTRO: Thank you, ma'am. MS. KOSSLER: You're welcome. CHAIRMAN TAYLOR: Ms. Kossler, one of the things I remember you telling me is that by having -- by having -- working within the community and having these groups almost support this whole system, you, of course, supply the vaccine -- and you certainly are at North Collier, but they are getting these people. It ensures that the people getting the vaccine are Collier County residents. MS. KOSSLER: It does. It does help with t hat, and it also helps with the follow-up for the second dose. It helps with transportation to the site, if needed, and just the education part about taking some of that workload, if you will, off of us locally to, you know, go through why you need the second dose, why it's important, so some of those education pieces as well. It's a huge -- it's a wonderful service that the organizations are providing. CHAIRMAN TAYLOR: Thank you. MS. KOSSLER: Thank you. CHAIRMAN TAYLOR: All right. Mr. Mullins. MR. MULLINS: Good morning, Commissioners. For the record, John Mullins, Government Affairs Manager. And Commissioner McDaniel had requested an updated series of charts plotting State Department of Health daily coronavirus report data which, since it's been a while, I will now briefly review for format and included data points and then defer to the commis sioner March 23, 2021 Page 17 for his analysis. The commissioner requested three chart topics: Positivity rate, hospitalizations, and fatalities using the earliest report by county that we could obtain, which was last April. The charts plot one-month intervals from that day through the latest available report, which was as of yesterday, the March 21st report. The highlighted section of the daily report are where the data were collected, as you see depicted on the slide that is before you. Regarding positivity, please keep in mind that the report states that the rate is calculated excluding people who have previously tested positive. And on the positivity charts, the colored number at each data point is the total number of test results listed in that daily report. Now, there are two charts for each of the three topics, one being a Southwest Florida comparison of Collier, Lee, and Charlotte Counties, and then the other, which is getting a little busy now, and I apologize for that, a wider selection of populous counties. Now, regardless of chart, Collier County is represented by the red line on each. Now, the circle and cross represents the date that a mask order was put into effect by a county, and as you'll see, a couple of the counties had mask orders in place prior to public availability of county-by-county data. Now, lastly, the phased reopening timeline has been simplified for spacing purposes, and the vaccine rollout timeline has been added. And as was mentioned just a few moments ago, as of yesterday the age has now dropped to the 50-plus demographic. And with that, I am happy to defer to the commissioner for his direction. COMMISSIONER McDANIEL: Go back to the first slide, please. Not that one. Next one. There you go. March 23, 2021 Page 18 And then go through those slowly, if you would, please. You skipped right to the end, and that last one, it was busy even for me. MR. MULLINS: I was just waiting for your direction. COMMISSIONER McDANIEL: Yes, sir; yes, sir; yes, sir. And this is -- these data points are the ones that I was really wanting to look at, and that's the comparison of our community with our sister communities to the north when the mask mandates were, in fact, put in place, and so on. If you would go -- then go through the balance of the slides. There's not a lot of analysis that's going to come from me. I'm really not qualified to express analysis other than this. And these comparisons, I think, are very, very enlightening with regard to how our community is reacting, has been reacting to the virus in comparison to other communities of similar size, shape. And then when we compared our community to the five probably most densely populated -- here we go -- the five most densely populated communities/counties within the state and how we're tracking in comparison to them, of course the numbers are going to be higher in volume when you're dealing with a Dade County in comparison to Collier County. So -- but I just -- again, this is information that I find very, very valuable because it gives a very good comparison as to how we're doing in comparison to other communities. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick question. I'm assuming -- and I may be incorrect -- that in all of these charts this is a per capita presentation. So, obviously, there's a substantially larger population than on the East Coast counties. So is it per capita? Is that the way that's -- MR. MULLINS: Well, no. It is based on total hospitalizations and total deaths, and then we back out the previous month to get the delta between, and that establishes what the differences are. COMMISSIONER SAUNDERS: So the chart we're looking at March 23, 2021 Page 19 right now, on the orange line, which I guess is -- I guess that's Broward County, the peak there. That's the number of deaths -- raw number of deaths. Okay. I understand now. MR. MULLINS: Yeah. COMMISSIONER SAUNDERS: Okay. Thank you. COMMISSIONER McDANIEL: Yeah. That particular one's hospitalizations. MR. MULLINS: But the next one would be fatalities. COMMISSIONER SAUNDERS: Yeah. Thank you. COMMISSIONER McDANIEL: Thank you, John. MR. OCHS: Thank you, John. CHAIRMAN TAYLOR: And so Mr. Wert, is he available? MR. OCHS: Yes, ma'am -- CHAIRMAN TAYLOR: There he is. MR. OCHS: -- he's there. CHAIRMAN TAYLOR: I didn't see you at the back of the room. I don't -- I don't know if you have any presentation, but I did pick this up over here. Why don't we put this on the visualizer. MR. WERT: Good prompt. CHAIRMAN TAYLOR: Yeah. Well, it was by design. MR. WERT: For the record, Jack Wert, your Tourism Director. And, Commissioners, good morning. Just a brief update on where we have been with the -- this Paradise Pledge we actually put into effect last July and began offering it to our tourism partners to simply adopt. And I don't know if we have a write-up on what it is, but just the -- probably the three top things following all the CDC -- the current CDC and Florida Department of Health guidelines and protocols for sanitization of areas, checking staff as they come to work, temperature checks, that type of thing, whatever they do in the various businesses. And related to face coverings, it said we -- in the pledge it said, we strongly recommend face coverings for both staff March 23, 2021 Page 20 and customers where social distancing is not possible. We did that early on, because at that point in time we had kind of a mixed variety of face coverings in the unincorporated area. City of Naples at that point had not adopted it. Marco Island did, but we had a number of the larger hotels -- all of the chain hotels have corporate protocols, and masks are mandatory on every one of those properties. So it was a little confusing of one side of the street might have a mask mandate, one not. So we felt that that wording of "strongly recommended" was the right way to go. The pledge itself has caught on very fast. We are up to about 150 tourism-related businesses, and I guess virtually any business in Collier County is going to get some impact from visitors coming to their business. And so those 150 have grown. In addition to them just putting that little sticker on their door, we also did provide to them and delivered to their businesses a PPE kit which included masks so they could use them for both customers and their staff as well. We got hand sanitizer. There were plexiglass shields. All of those types of things. Big, big kit of stuff that each business got, an d I think that helps for more and more businesses to sign up. So at this point we are going to continue it. And what we are seeing and hearing -- we do a lot of research both here, regionally, nationally, and even internationally. What we are seeing is for the traveling public, they expect to go to a place that is taking precautions to make their visit safe. Certainly, that's not everybody, but the vast majority in traveler sentiment studies and so forth that we see, and we see them every month, that's what people expect to find. So that's why we think the pledge will continue as part of how we are communicating to the potential travelers and those people who have been here in the past, too, you know, our loyal visitors; that we are taking every precaution that we can, and our businesses are following March 23, 2021 Page 21 these CDC/Florida Department of Health guidelines. And so that's been very well received. And the information that we provided to the Tourist Development Council yesterday is very positive that our number of visitors are growing. Our occupancies are very strong in our various hotels, weekends more so than weekdays, but truly our community has shown nice recovery from those early days in April and May of last year when we were running less than 10 percent occupancies. We're seeing occupancies up in the 90s, which is kind of typical of this time of year. So we made a nice recovery. But we think that the Paradise Pledge certainly has had a good deal to do with people feeling this is a place they want to come, and especially those loyal folks who have come many years in the past. I think they're looking for a safe place, and that's what Collier County seems to be saying to them, and I think that's why we've done pretty much better than anyone else in the state that we compete with for visitors. CHAIRMAN TAYLOR: Thank you. Commissioner Solis? COMMISSIONER SOLIS: Well, I was just -- thank you, Jack, for being here. I would have had my -- the slides I was going to share teed up for you if I knew you were going to be here, but -- MR. WERT: Right, right. COMMISSIONER SOLIS: And you answered the question I had, and that was, what does the data show in terms of how effective this campaign has been. And I would just share that what was presented yesterday at the TDC was -- one, made everyone feel very positive, because although compared to the beginning of 2020 we're still down a little bit, the beginning of 2020 was a record two months. You know, January and February were the two biggest months we'd ever had. So almost going back to that is a great sign that the campaign, you know, only Paradise will do. There's one great one, March 23, 2021 Page 22 what's -- what is it, what's better than a sunset in Paradise is -- MR. WERT: A walk on the beach or a sunset. COMMISSIONER SOLIS: It's a sunset with a pizza or something. MR. WERT: Exactly, yeah. COMMISSIONER SOLIS: There are some great -- staff did some great work, and our partners did some great work to target, you know, what makes Collier County a great place to be, the Pa radise Pledge, and we've outperformed our competitors, and that's the big takeaway. CHAIRMAN TAYLOR: Congratulations. COMMISSIONER SOLIS: So great work, Jack. Thanks. MR. WERT: Thank you, sir. CHAIRMAN TAYLOR: Thank you. Thank you, Mr. Wert. MR. WERT: Thank you. CHAIRMAN TAYLOR: Thank you for being here. Item #6A PUBLIC PETITION FROM MR. JAMES ROSENBERGER, REQUESTING THE COLLIER COUNTY BOARD OF COMMISSIONERS JOIN COUNTIES REGARDING PROTECTION FOR FIREARM OWNERS AND SUPPORTERS IN COLLIER COUNTY - MOTION FOR THE COUNTY ATTORNEY TO PREPARE AN EXECUTIVE SUMMARY AND BRING THIS ITEM BACK TO THE APRIL 13TH BCC MEETING – APPROVED MR. OCHS: Commissioners, we move now to Item 6A, public petitions. This is a public petition request from Mr. James March 23, 2021 Page 23 Rosenberger requesting the Collier County Board of County Commissioners join counties regarding protection for firearm owners and supporters in Collier County. The petitioner has 10 minutes to present. CHAIRMAN TAYLOR: And as he comes up to the podium, I believe we have some folks that have some signs. I don't know if there's anyone outside in the lobby. They are welcome to come in. If you would stand up at the back. You definitely -- we do not take public comment or any kind of public comment on a public petition at the time of the public petition. But you are getting your message with these signs. I appreciate you being here. And if there's anyone else there, feel free to come in. And please feel free to hold up your signs. Thank you. Thank you very much. MR. ROSENBERGER: Good morning, Madam Chair. CHAIRMAN TAYLOR: Good morning. MR. ROSENBERGER: Good morning, Commissioners and county officials. Thank you for giving me this opportunity to address the Board. My name is James Rosenberger. I'm a retired captain from the New York City Fire Department and survivor of 9/11. Our country was under attack on that tragic day from international terrorists. Today, our country is under attack from our own government. I stand here representing over 5,500 petitioners imploring you to protect and preserve our Second Amendment right which is under attack by the fast and furious bills being introduced and voted upon in Washington, D.C. I would like to start by presenting Article II of the Bill of Rights which was passed in 1791, which reads as follows: A well regulated militia being necessary to the security of a free state, the right of the March 23, 2021 Page 24 people to keep and bear arms shall not be infringed. "Infringed" is the keyword. As defined by Webster's dictionary, actively break the terms of a law or agreement. How is government infringing on our Second Amendment rights? Through restrictive, discriminatory, overbearing, and unconstitutional regulations. Tolerating an overpowering government has been unacceptable since the inception of our great country. The Second Amendment in the Bill of Rights was drafted to assure that the people would be protected from an oppressive tyrannical government. With the current pending legislation, we are headed in that direction. On January 4th, 2021, during the 117th Congress, the attack began on our Second Amendment rights when Sheila Jackson Lee, a congressional representative from Texas, introduced the following bills. It's HR121, Gun Violence Reduction Resources Act of 2021. The key point of this bill is to hire 200 additional ATF agents and investigators to enforce the gun laws. Outwardly, this appears not to be problematic. Now let's look at HR130, Kimberly Vaughn, Firearm Safe Storage Act. Safe storage of firearms and ammunition is mandated. The investigation of reports of improper storage of firearms or ammunition will be required. If we refer back to HR121, the additional ATF agents will be tasked with the investigation of reports of improper storage. From whom are the reports going to be generated? As most people store their firearms in their place of residence, will this open the door to illegal search and seizure? The next bill is HR125, the Not Sorry Act of 2021. This bill is flawed by the fact that it enforced a seven-day wait period. At this point in time, Florida has a three-day wait period for a background check. Why add an additional four days if the backgrounds are being completed in three? March 23, 2021 Page 25 Let's imagine a scenario involving an order of protection in a domestic violence case. A woman applies for a firearm. As she waits for her permit over an extended period of time, she is violently killed by her deranged ex-boyfriend. Was this imaginary? No. This scenario actually happened on June 5th, 2015, to Carol Bowne, age 39, of Berlin Township New Jersey. She knew that her best shot at defending herself from her violent ex was a gun and not a piece of paper known as an order of protection. The next bill up, HR127, Sabika Sheikh Firearm Licensing and Registration Act. This little bill will require the federal government to register 400-plus million guns in a span of three months. This registry database will be available to all members of the public which would or could create discrimination against gun owners, including employment or access to essential services like insurance and/or housing. Such transparency will help criminals target the homes of those with firearms and ammunition. Obviously, criminals who possess firearms illegally would self-exempt themselves from the registry requirement. Many shotgun shells currently possessed by law-abiding citizens for hunting would suddenly become contraband. The bill bans all shotgun shells larger than 41 caliber, and 50 caliber or greater could cost you $50,000 in fines and 10 years in prison. Hunting wildlife would be impossible if these restrictions went into effect. The bill would discourage voluntary mental health treatment for combat veterans or victims of violent crimes by permanently prohibiting the issuance of a license to anyone who has been hospitalized or treated for these types of traumas. It requires a holder of a firearm to pay an insurance premium of $800 per year. Applicants and members of their household would be required to undergo a psychological evaluation at the applicant's expense by a psychologist approved by the Attorney General. Former spouses March 23, 2021 Page 26 would be included in the evaluation reports as well. Let's see how that goes. These are only four of the bills waiting in Congress. There also is HR135, HR167, HR8, and HR1446. Now that we have become familiar with some of the pending legislation, we are proposing the Second Amendment Preservation Act from here on referred to as SAPA. What is SAPA? It is a document that has been created to protect our Second Amendment rights from the unconstitutional regulations previously cited. The United States Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. We are aware of the existing 2013 Collier County resolution upholding our Second Amendment. This was appropriate at the time and served its purpose; however, eight years have passed. Now we need the Second Amendment Preservation Act because gun regulations are going into effect that will drastically infringe on our Second Amendment rights. The foundation of our document was created by using the 2013 resolution and combining it with the Newton County and Mercer County, Missouri, SAPA. They set the precedent for other counties to follow. The SAPA would empower our Collier County sheriff to act on his constitutional powers granted him by his oath of office. Constitutionally, we would be assured that -- no interference by the federal government, thus protecting both his and your constituents. In a mere four weeks, we have collected over 5,500 Collier County signatures supporting SAPA, and we are still active. Our efforts have also spread to Lee County as well as Indian River County. Attorney Paul Westcott from Indian River County has adopted our SAPA document. Polk, Lake, Wauchula, and Hernando currently March 23, 2021 Page 27 have resolutions in effect. You've received the list showing 39 counties with Second Amendment resolutions. These are all nonbinding resolutions. They offer little protection to what we are facing today. Out of state, Newton County passed their SAPA act on February 3rd, 2021, and Mercer County, Missouri, is February 25th, 2021. Obviously, we are not standing alone. They sense the urgency and have since acted. Is there urgency to pass SAPA in Collier County? Can it wait? When a pending hurricane threatens Collier County, there is no delay to prepare. One does not wait until the storm is upon us to fill the bags with sand or to take refuge. Well, the storm is here. Our Second Amendment is under attack, and that attack is happening right now. In the words of President Theodore Roosevelt, in any moment of decision, the best thing you can do is the right thing, the next best thing you can do is the wrong thing, and the worst thing you can do is nothing at all. As a representative of your constituents, I implore you to support the oath that you have sworn before God to uphold and defend the Constitution and to protect the rights of the people that have put you in office. Please do not allow the rights guaranteed by the Second Amendment to be infringed upon. Please support and pass the Second Amendment Preservation Act. I do have a statement from Sheriff Rambosk at this point I'd like to read: The office of sheriff in Florida is written into the Constitution of the state. I'm honored to be a constitutional officer elected by the voters of our community. As a constitutional officer, I am bound to uphold the United State Constitution and the Florida Constitution, and I have sworn a solemn oath to do so. In the oath I affirm that I will support, protect, and defend the Constitution and government of the United States and of the State of Florida -- and the March 23, 2021 Page 28 State of Florida that I am qualified to hold. In addition, the mission statement of the Collier County Sheriff's Office is focused on the rights set forth in our Constitution. The duty of the Collier County Sheriff's Office is to preserve and to protect the lives, property, and Constitutional guarantees of all persons. The United States Constitution with amendments is the foundation of all that my deputies and I do in protecting and serving Collier County. I am unwavering in my devotion and commitment to service the sworn oath and the citizens of Collier County. I affirm that I support the rights guaranteed through the Constitution of the United States and all of the amendments and that I do not condone any unconstitutional infringement upon these rights. CHAIRMAN TAYLOR: Thank you, Mr. Rosenberg [sic]. Your time is up. Thank you. MR. ROSENBERGER: Thank you. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, Madam Chair. As you've already stated at the beginning, we don't have discourse and public comment when the items that are not on today's agenda are brought forth. But I'd like to suggest that we ask our County Attorney to prepare an executive summary and bring this back at our first meeting in April and actually discuss the parameters of what's being proposed, the goods, the bads, the dos and the don'ts, and actually have a position where we can actually vote on something. CHAIRMAN TAYLOR: Is there support? Is that a motion, sir? COMMISSIONER McDANIEL: If you need a motion, I'll make that. COMMISSIONER LoCASTRO: I second. CHAIRMAN TAYLOR: All right. There's a motion on the March 23, 2021 Page 29 floor and a second. Commissioner Saunders. COMMISSIONER SAUNDERS: Madam Chair, on the motion just real quickly, if I might. CHAIRMAN TAYLOR: Right. COMMISSIONER SAUNDERS: Sorry I hadn't pushed this. This is directed to the County Attorney. As part of that presentation, the State of Florida has totally preempted any regulation by local governments -- CHAIRMAN TAYLOR: Yeah. COMMISSIONER SAUNDERS: -- and basically criminalized any actions by elected officials to do anything dealing with guns, ammunition, and that sort of thing. In addition, there's another bill pending this year that even toughens up that. So when you come back to us with any kind of information on this, let us know and, obviously, you would do that. But I want to emphasize we are somewhat restricted. I shouldn't say "somewhat restricted." COMMISSIONER McDANIEL: A lot. COMMISSIONER SAUNDERS: We are very restricted in what we can do, and I want to make sure that we're not violating any current state law but also that law that may very well be in effect on July 1st of this year. MR. KLATZKOW: Two things, if I may. One, this identical issue came up 2013, and the Board passed a resolution. I have a copy of the resolution up there. I reviewed the other resolutions similar counties have recently passed, and they're substantially identical to this. I'm asking the petitioner, are you asking for a resolution or an ordinance? MR. ROSENBERGER: I'm not asking for a resolution. A resolution is nonbinding, with all due respect. MR. KLATZKOW: So your request is that the Board of County Commissioners enact an ordinance? March 23, 2021 Page 30 MR. ROSENBERGER: Yes. CHAIRMAN TAYLOR: Can't do it. MR. KLATZKOW: Do you have a copy of a proposed ordinance that you want? MR. ROSENBERGER: Yes. It was presented to the commissioners. COMMISSIONER McDANIEL: I sent it to you. MR. KLATZKOW: No. I'm just trying to get this for the record so that -- COMMISSIONER McDANIEL: I understand. MR. KLATZKOW: Because the petition itself did not include an ordinance. If you can give me and the court reporter a copy of the ordinance that you want, I'll report back to the Board. MR. ROSENBERGER: Thank you. MR. KLATZKOW: But I think you know what the answer's going to be. CHAIRMAN TAYLOR: Yep. Thank you, sir. MR. ROSENBERGER: Any other questions? CHAIRMAN TAYLOR: No, sir. MR. ROSENBERGER: Thank you for your time. CHAIRMAN TAYLOR: Thank you. Thank you for being here. COMMISSIONER McDANIEL: Are we going to vote on the motion, Madam Chair? CHAIRMAN TAYLOR: Yes. We have a motion on the floor and a second to ask the County Attorney to prepare an agenda item for the next meeting regarding this issue. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. March 23, 2021 Page 31 COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. And you will be able to speak at the next meeting. Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, that moves us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chair, we have 11 registered speakers here in person, a couple more online. I do believe most of them are connected to the public petition, but we accepted the slips. We'll call them. MR. OCHS: Hold on. That's the Chairman's discretion. MR. MILLER: Yes. CHAIRMAN TAYLOR: But we did speak about this. We are -- you've accepted the slips, but nobody can speak to this issue at this meeting, so -- but did they put down the subject, sir? MR. MILLER: Yes. I had a limited discussion with some of the people that submitted the slips saying that they were going to take a different angle on the topic rather than the Second Amendment. CHAIRMAN TAYLOR: No topic. COMMISSIONER SOLIS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER SOLIS: Can I just suggest Item 7 is public comment on general topics not on the current or future agenda, and -- CHAIRMAN TAYLOR: That's right. March 23, 2021 Page 32 COMMISSIONER SOLIS: -- the amendment was on the agenda. CHAIRMAN TAYLOR: On this agenda. COMMISSIONER SOLIS: So it wouldn't be appropriate to hear those now, I don't think. CHAIRMAN TAYLOR: That's correct. MR. MILLER: And I would add, we're bringing back an ordinance, so there will be an opportunity to speak then. COMMISSIONER SOLIS: Yeah. They could speak then, right. CHAIRMAN TAYLOR: So your concern is you can't differentiate those? MR. MILLER: Well, I do believe all of these are related to guns, ma'am. CHAIRMAN TAYLOR: Okay. MR. MILLER: I will have to call the two people online because I do not know what they -- I don't have that kind of information available to me online. So, Lisa, we're going to go online here. J. Ruggieri. Mr. or Ms. Ruggieri, you're being prompted to unmute yourself. You've registered to speak on public comment. Mr. or Ms. Ruggieri, R-u-g-g-i-e-r-i. Ruggieri. They are not unmuting. I have one other registered online for this issue for public comment, and that is Tom Ross. Mr. Ross, are you there? You're being prompted to unmute yourself. There's Mr. Ross. Mr. Ross, did you have something on public comment on general topics? Oh, wait. This is on me. I'm sorry. Hold on just one second. Go ahead, Mr. Ross. MR. ROSS: Yes. I'm here as a consultant for county staff. March 23, 2021 Page 33 MR. MILLER: Oh, okay. I have you under Item 7, I'm sorry, sir. That's for a different item. That's all we have for public comment, ma'am. CHAIRMAN TAYLOR: All right. Thank you very much. MR. COOK: I want to make a comment on the 17th Amendment. I don't think that's on the agenda. CHAIRMAN TAYLOR: No, on the 17th Amendment? MR. COOK: Correct. General public comments. CHAIRMAN TAYLOR: You can speak. MR. MILLER: That is Dan Cook. Mr. Cook. CHAIRMAN TAYLOR: But if it has anything to do with the right to bear arms, sir -- MR. COOK: I understand. CHAIRMAN TAYLOR: Okay. Thank you. MR. COOK: I understand. For the record, Dan Cook. And so the reason why I just wanted to speak about the 17th Amendment is I've been hearing a lot of people concerned about government overreach, just in general government overreach, primarily from the federal government. So one of the solutions that a lot of people talk about is having a convention of states so that they could introduce term limits at the federal level. And I just wanted to bring up the 17th Amendment as another alternative as something that we the people really could do to hold government more accountable. And what I wanted to share with you and share with the public is how the 17th Amendment changed how Senators were chosen. Originally, in our Constitution we had a bicameral legislation. So you have the House of Representatives represents the people; the Senate was originally intended to represent the state governments. So the 17th Amendment, which was passed in 1913, changed that. And the Senators were chosen under a popular election rather than March 23, 2021 Page 34 being chosen by the state government. And it's my belief that that kind of -- you know, I think that that infringed a lot on states' rights. I believe that the -- that Senators were able to be recalled from their state legislators if they weren't representing the states properly, and so I just wanted to bring that up to the public and to the Board, since you guys have influence to possibly consider a repeal of the 17th Amendment rather than doing a convention of states to put in term limits to hold federal government accountable. And I just wanted to bring the subject up as something to consider in the future. I believe, since the county has passed resolutions in the past, such as in 2013, I believe if -- if the people wanted to petition and if the Board felt compelled to pass another resolution to ask for a repeal of the 17th Amendment, that might be something that could be discussed at a future date. And so I just wanted to bring that up. I know the 17th Amendment isn't a hot topic or anything, but I just wanted to bring that up. Thank you. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Madam Chair, in looking through these, I do have one public comment clearly marked for not that topic, and that is for diversity, affordable housing, and this is Jacqueline Keay. CHAIRMAN TAYLOR: Sir, I'm sorry. Excuse me. Ms. Keay, if you didn't fill out a slip, you -- MR. MILLER: He did. He filled it out. I have a slip, yes. Jacqueline Keay. Yeah, there she is. I know she was in the hallway. Ms. Keay wants to speak on the diversity of affordable housing. CHAIRMAN TAYLOR: Okay. Thank you. MS. KEAY: Good morning. Good morning. Wisdom and forward thinking are needed to sustain our way of life in Collier as opposed to fear, hate, and division. As I am working on my certified financial planning designation, March 23, 2021 Page 35 I will use the four golden rules of investing to demonstrate how we can equalize opportunities for all residents through diversity. To protect your assets and to increase your wealth, one's portfolio must be balanced. Money should be invested in various categories as stocks, bonds, real estate, and commodities. Some main points of investing are not to put all your eggs in one basket, protect your assets, and increase your wealth. Rule No. 1, diversification. Dividing up your money spreads risk, guards against catastrophic loss. There's a need for us to build an inclusive community based on diversity, equity, and inclusion. If not, the Naples community can experience a catastrophic loss. Rule No. 2, rebalance. Review portfolio to stay on track. If off balance, take money from overperformers and invest in underperformers to retain balance. We must rebalance our economy by helping the working class build wealth via attainable housing. We must make this a priority and not an afterthought. Rule No. 3, dollar cost averaging. Fear causes missed opportunity. Euphoria causes buying too high. One should invest the same amount regularly to take emotions out of decision-making. We must establish systems to ensure resources and opportunities are equally provided to the working class as they are to the wealthy. Rule No. 4, keep costs down. You can control your costs. It's important to minimize your fees in order to maximum your earnings. A lack of attainable housing comes at a great cost to us all. We must mitigate this crisis by making attainable housing communities a reality instead of an elusive idea. This critical issue is draining valuable resources from our community. I leave you with one of my favorite quotes: A rising tide lifts all boats. This is the very definition of what diversity is and what it does. It lifts us all up equally, which will sustain our standa rd of living in the Naples community. March 23, 2021 Page 36 Thank you all very much. CHAIRMAN TAYLOR: Thank you. MR. OCHS: Madam Chair, we move now to your -- MS. ALGER: Excuse me. I just wanted to speak on the Constitution, Section 242, Title 18. CHAIRMAN TAYLOR: Have you filled out a slip? MS. ALGER: I did. CHAIRMAN TAYLOR: And you want to -- and -- MS. ALGER: I just want to reiterate something that's in our Constitution. That's all. It's read right from the Constitution. CHAIRMAN TAYLOR: I'll let you speak. MR. MILLER: Your name, ma'am. MS. ALGER: My name is Mary Alger. I'm from Marco Island, Florida. And Section 242, Title 18, in the U.S. Constitution, states, it makes a crime for a person acting under the color of any law to willfully deprive a person of right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under color of law include acts not only done by federal, state, or local officials within their lawful authority but also acts d one beyond the bounds of that official's lawful authority if the acts are done while the official is purporting to or pretending to act in the performance of his or her official duties. Persons acting under the color of law within the meaning of this statute include police officers, prison guards, and other law enforcement officials, as well as judges, care providers in public health facilities and others who are acting as public officials. It is not necessary that the crime be motivated by animis towards the race, color, religion, sex, handicap, or familiar -- familial status or a national origin of the victim. The offense is punishable by a range of imprisonment of up to life -- up to a life term or the death penalty, March 23, 2021 Page 37 depending upon the circumstances of the crime and the resulting injury of any. I just wanted to read that right out of our Constitution. CHAIRMAN TAYLOR: Thank you. MS. ALGER: Can't trample on rights. CHAIRMAN TAYLOR: Thank you very much. MS. ALGER: Thank you. Item #10A ADDITIONAL STAFF DIRECTION REGARDING THE COUNTY MANAGER RECRUITMENT PROCESS - MOTION TO HIRE AND NEGOTIATE A CONTRACT WITH MARK ISACKSON AS THE NEW COUNTY MANAGER – APPROVED; TABLED AND REPORT BACK ON ITEM AFTER LUNCH; MOTION TO APPROVE CONTRACT EFFECTIVE MARCH 23, 2021 – APPROVED MR. OCHS: Commissioners, we move to your morning time-certain item. This is Item 10A. A recommendation to provide additional direction to staff regarding the County Manager recruitment and selection process. CHAIRMAN TAYLOR: Ms. Lyberg, did you want to present or not? MS. LYBERG: Good morning, Commissioners. For the record, Amy Lyberg, Human Resources Director. At your last meeting, you had made the decision to have each commissioner provide a list of their top three candidates, and that information is available to you today in your executive summary, Item 10A. CHAIRMAN TAYLOR: And so, Commission, we have March 23, 2021 Page 38 ranked 1, 2, and 3. Rank No. 1, it appears that Mr. Isackson has four out of five; in Rank No. 2, Mr. Yilmaz has 2 out of five; and in No. 3, Mr. Yilmaz has two out of five. So what is your pleasure here? I think we are ready to appoint and elect a county manager. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning. I -- first of all, I want to say out loud I applaud the process that this board put in place to go -- to select a new County Manager. We had 35 plus or minus folks that actually applied for the job. We went through the process of reducing that list from 35 down to, I believe, eight when we went -- we did what we did, and then we brought that back to a total of five. I have to say out loud, I actually even had conversation with our county manager last week. I was disappointed with the last process that we put in place and the actual ranking. But now looking back, in retrospect, it allowed for the public, if they chose, to be involved in this process. By stating and ranking the candidates, it made it -- it made -- it a matter of public record, and folks who cared to could share their opinions with us as to how, in fact, we went through the selection process. So with that, I again want to thank everyone, everyone who applied, went through the process, went through the interview process. There's, obviously, going to be a choice made today, but no one loses in a process like what we have brought forth. And with that, I'd like to make a motion that we enter into an agreement to hire Mark Isackson as our next county manager. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN TAYLOR: Okay. There's a motion on the floor and a second. Any discussion? COMMISSIONER McDANIEL: Well, I wasn't quite done. Thank you for seconding the motion. But I just -- I think maybe as a March 23, 2021 Page 39 point of discussion we need to talk about the parameters. I'd like for us to, if we can, move into -- we have to negotiate on the contract and hire -- CHAIRMAN TAYLOR: That's -- one thing at a time. COMMISSIONER McDANIEL: Okay. That's fine. CHAIRMAN TAYLOR: Commissioner LoCastro, do you have anything to comment? COMMISSIONER LoCASTRO: Yeah. I just wanted to say that, first, I think that we provided a lot of transparency and, you know, as Commissioner McDaniel was saying, to the public, you know, nothing was done in a vacuum or in secret. And I wanted to provide a little context to just, you know, why I ranked the people I did. I think, you know, our goal here is to build a deep bench. We've had a lot of turnover. I can only speak for the three people that I ranked, but I think any of those three would be fine county managers, and I think they all are going to have a role as we move forward down in the years and have more turnover. But, you know, I agree with the majority of my colleagues here who all put Mr. Isackson number one. I think, you know, his comments at the podium talking about what he would bring and, you know, how he would pull the team together and whatnot, I think makes him a really great choice. And having done this, you know, separately and then seeing that, you know, we're all close. You know, we're not 10,000 miles apart, so it's not going to be a perfect match. But it's a lot closer than what I would have thought the first time we did this and then now. So I just want to thank the process and thank Amy and her team for expediting this and, obviously, we made it easy, too, when we are at least close, a lot closer than what people maybe thought. But I think we have a real opportunity here to, you know, pick up where Mr. Ochs has left off after so many years and also put a fresh set of March 23, 2021 Page 40 eyes on some things. And like that lady said, you know, a rising tide lifts all boats. And I think, you know, what we're about to do here today will, you know, lift up the entire staff, put a little bit of a spotlight on some people that maybe have been buried that are unpolished diamonds, as Mr. Isackson had alluded to at the podium, and, you know, I just appreciate the process, and I'm ready to vote today as well. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Madam Chair. I just want to thank all of the folks that applied for the position, especially the folks in-house that applied. It's tough putting your name out there, and we have to, obviously, make one selection. But I see a couple of the applicants who are in the audience here from the county staff. I just want to thank you for your willingness to step up, and I think we're about to make a decision that's going to be in the best interest of the county and the taxpayers going forward. So thank you for your interest. CHAIRMAN TAYLOR: All right. There's no comments. So there's a motion on the floor and a second to elect Mark Isackson as our new county manager. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Mr. Isackson. (Applause.) COMMISSIONER SAUNDERS: And I understand that March 23, 2021 Page 41 Mr. Isackson's agreed to work for the next three years for a dollar a year. COMMISSIONER LoCASTRO: I second. CHAIRMAN TAYLOR: We're going to discuss that at lunch. MR. ISACKSON: Independently wealthy, I am not. COMMISSIONER McDANIEL: Twelve hours a day. MR. ISACKSON: Commissioners, thank you very much. The process, too, I feel for you. Certainly, going through a three -month ordeal to select your next county manager is never -- it's never easy. It's never pleasant. You had some very qualified candidates, and I'm honored to be the chosen one. You know, I think that we'll talk over lunch. I don't know, Jeff, if we just -- because there's really only two issues left. I think the contract's the contract, other than maybe salary at this point and duration of the contract. I think those are the two numbers that need to be filled in, and that's what I would focus in on. If we're going to meet with the Chair -- that would be my suggestion. Over lunch, Jeff and I will sit down and maybe bring that back today. And the effective date of the contract, really, is also something that needs to be talked about, and I did not hear that at the dais, so I would suggest that that also be discussed, and we can discuss that -- I guess, at noon, as well, unless there's comment from the Board as to what their pleasure might be. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, it was on that note. Would you rather have a say-so in your start date, assuming we can reach an amicable agreement on a contract a nd a salary or -- MR. ISACKSON: You can -- yeah. If the Board's comfortable, we can -- County Attorney and I can talk with the Chair at lunch, and we can suggest a contract with a starting date also. COMMISSIONER McDANIEL: That's fine. March 23, 2021 Page 42 CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, Madam Chair. In terms of a start date, Mr. Ochs is leaving I think May 31st is his last day. I'd like to see you on board at least a month in advance of that. That means that we'll have two people sitting there as the county manager, but I want you to have that month or so sitting at the table here and making sure you're up to speed on everything. So I would just encourage the Chairman and the County Attorney to be a little flexible on that start date. Some overlap -- CHAIRMAN TAYLOR: Yeah. COMMISSIONER SAUNDERS: -- is not going to hurt us. I think it will bode well for us. The County Manager, Mr. Ochs, will still be in charge. I don't want the -- we're not going to have two county managers overriding each other, but I think that we need that month with Mr. Isackson really coming up -- fully up to speed on all the county operations. MR. ISACKSON: I will mention to the Board that County Manager Ochs and I have talked. We'll make sure there's a smooth transition, certainly. And we know each other pretty well, so we'll take care of that. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Well -- and I was just going to congratulate Mark as well. I mean, obviously, you know you weren't the top of my list, but I want you to know that you will have my support and, really, what I would hope is that we could talk you into more than three years. CHAIRMAN TAYLOR: Maybe we -- COMMISSIONER SOLIS: Because that's -- for me, I think that's going to be really important, and I think we need -- we need some continuity, and I hope we can talk you into more than three March 23, 2021 Page 43 years. CHAIRMAN TAYLOR: All right. So the will -- COMMISSIONER SAUNDERS: Should we add this as an agenda item at -- CHAIRMAN TAYLOR: Yes. We'll add it as an agenda item. MR. KLATZKOW: Or you can just table this. COMMISSIONER McDANIEL: This afternoon. MR. KLATZKOW: I mean, we'll table the item now. CHAIRMAN TAYLOR: Continue it? Continue it. MR. KLATZKOW: We'll table the item now, and we'll come back. Do you want to do this first thing after lunch or later in the day, ma'am? CHAIRMAN TAYLOR: Let's do it first thing after lunch. We'll do it first thing after lunch assuming -- you know, if we can't reach a decision -- MR. KLATZKOW: Well, either way, you'll report back to the Board on the discussions first thing after lunch. CHAIRMAN TAYLOR: Yes. Right. COMMISSIONER McDANIEL: Perfect. MR. ISACKSON: Thank you, Commissioners. CHAIRMAN TAYLOR: Thank you. I'd like to say a couple of words to Dr. Yilmaz who, again, I think -- I don't know who. I think it was you, Commissioner Saunders, who mentioned that, you know, they stepped up, and certainly, Mr. Rodriguez, two valuable employees. Dr. Yilmaz, I don't know what we would do without you. I don't know how -- your vision and your planning for the future, your scientific background, your attention to health, safety, and welfare because you handle the water, has been invaluable to this county, and I really want to acknowledge that, and I look forward to it conti nuing. And, Mr. Rodriguez, you started, I believe, at the bottom here. I March 23, 2021 Page 44 believe that you actually worked in the parks and you worked on a horse for a while touring the parks, and you have -- you have climbed that ladder and you embody the American dream, and we value your continued presence in our community and in our community of our government. You have given a lot, and I know you will continue to. Thank you. MR. RODRIGUEZ: Thank you very much, Madam Chair, and it's been my pleasure to serve the public, and I'll continue on, and thank you. CHAIRMAN TAYLOR: You're welcome. MR. OCHS: Commissioners, I just want to offer my congratulations to Mark. I know he'll do a fine job for this board and the community. And he and I will have no trouble working out a transition plan that I think will serve everyone's best interests. CHAIRMAN TAYLOR: Thank you. MR. OCHS: Ma'am, do you want to take your court reporter break now before we move into public hearings? CHAIRMAN TAYLOR: Yeah. I think we all need a break. This was -- we've done it, guys. MR. OCHS: Ten minutes, ma'am? CHAIRMAN TAYLOR: Yes, thank you. (A brief recess was had from 10:15 a.m. to 10:26 a.m.) MR. OCHS: Madam Chairman, you have a live mic. If everyone would please come to order. CHAIRMAN TAYLOR: Thank you very much. I think we are now moving to our advertised public hearings. Is that correct, sir? Item #9A RESOLUTION 2021-67: AMENDING THE TOWN OF AVE March 23, 2021 Page 45 MARIA STEWARDSHIP RECEIVING AREA (SRA) TO REVISE THE SRA TOWN PLAN AND MASTER PLAN IN ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND DEVELOPMENT CODE, AND SPECIFICALLY TO: INCREASE THE CIVIC USES FROM 148,500 TO 350,000 SQUARE FEET TO ACCOMMODATE A HOSPITAL USE; REDESIGNATE 5± ACRES OF SERVICES DISTRICT TO TOWN CENTER 3; TO ADD APPENDIX G, DEVIATIONS TO PROVIDE FOR A SIGNAGE DEVIATION FOR AN OFF-PREMISES SIGN OUTSIDE OF THE SRA BOUNDARY AND A MAXIMUM LOT SIZE DEVIATION FOR MULTI-FAMILY DEVELOPMENT; AND ADD A VEHICULAR TRIP CAP BASED ON EXISTING PERMITTED USES. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA – ADOPTED W/STIPULATION MR. OCHS: That is correct, Madam Chairman. That moves us to Item 9A. This item does require ex parte disclosure be provided by commission members, and all participants are required to be sworn in. This is a recommendation to approve a resolution amending the Town of Ave Maria Stewardship Receiving Area to increase the civic uses from 148,500 to 350,000 square feet to accommodate a hospital use, redesignate five-plus-or-minus acres of service district to Town Center No. 3, to add an Appendix G, deviations to provide for a signage deviation for an off-premises sign outside of the SRA boundary, and a maximum lot size deviation for multifamily development, along with a vehicular trip cap based on existing March 23, 2021 Page 46 permitted uses. The subject property is located north of Oil Well Road and west of Camp Keais Road. Ex parte would be in order at this point, Madam Chair. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, ma'am. I have them all: Meetings, correspondence, emails, and calls. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Madam Chair, I have the same thing on both -- I'm sorry -- on items -- or rather, 9A. CHAIRMAN TAYLOR: 9A, okay. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, on 9A I have all the above as well. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: On 9A I have a meeting with Mr. Yovanovich and Mr. Arnold. CHAIRMAN TAYLOR: And I also have had meetings and emails and telephone calls regarding this issue. So those who wish to testify, would you please rise and raise your right hand, and our clerk [sic] will swear you in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Thank you. MR. ARNOLD: Good morning, Madam Chair -- CHAIRMAN TAYLOR: Good morning. MR. ARNOLD: -- and Commissioners. I'm Wayne Arnold, a Certified Planner with Q. Grady Minor & Associates here representing Ave Maria development. And we have David Genson and Austin Howell from Barron Collier Companies present. Rich Yovanovich is our Legal Counsel, and Norm Trebilcock's our Traffic Engineer who created the trip cap for the project. March 23, 2021 Page 47 So we have a few cleanup changes we're trying to make and a couple of other changes that we'll bring about as mentioned in your title, potentially a new hospital to the Ave Maria community. I'm going to quickly go through the changes that we're proposing. And I'm not going to get into all the gory details about Ave Maria. It's -- obviously you know where Ave Maria is, and it's developing rapidly, and there's a need to respond to some of the increases in population and business growth in the community. So we are -- there's seven changes we're making. I'm just going to go down the list that I have on the screen in front of you. We're redesignating five acres that's presently part of the services district -- it's on the utilities site -- to a town center designation. We hope that that will allow us to have a home for the people who are doing yardwork and pool enclosures and those kinds of things that don't have sort of a business presence in Ave Maria because there's not a location for them. We're increasing the civic square footage use from 148,500 square to 350,000 square feet. That will accommodate a future hospital site that's no specific hospital yet but in discussions with a hospital group, and that would bring it closer to Oil Well Road near the Arthrex complex. We're modifying the SRA to add a trip cap. Most of your planned developments and your newer towns and villages will have a trip cap associated with them. There was not one for Ave Maria due to its age, so we've established a trip cap based on the e ntitlements for the property. We're adding a mini warehouse use as a separate category in the list of uses. It was in your balance sheet tallied against our retail square footage. And we need the additional retail square footage, so we're adding that mini warehouse use as its own entity. We're adding language that will permit signage as authorized in other parts March 23, 2021 Page 48 of Collier County in Ave Maria. The way the SRA document's structured, it refers you back to the town core for any of the town centers. And the town core is the center part of the town where you have high pedestrian activity, so there's an emphasis on wall signs and things like that but not really the types of signs that you find when you're in a more, let's call it, a suburban model for commercial, which is allowed in the other town centers. We're adding a deviation that we discussed. This was for an off-premises sign. There's currently an off-premises sign located at the corner of Camp Keais Road and Immokalee Road. We're looking to have an additional sign that would be available for traffic coming to Ave Maria from State Road 29 corridor, so we've asked for that deviation. Staff has supported that. And we're asking for a deviation regarding four-acre maximum currently in the SRA document that allows a multifamily tract to be four acres. We're asking for multifamily sites to be up to 25 acres. And I know we had discussions with most of the commissioners. And I think the Planning Commission deliberated on this, and staff did not support the deviation, because there's an active bundled golf community under development now that is essentially getting around this four-acre provision by platting four-acre tracts and then doing a unified site plan over it. And I know I've heard Mr. Yovanovich refer to it. It's the engineer make work. And while we don't object to having -- making work, we like to have our clients get through the process without more bureaucracy, and we think that the deviation would allow us to just acknowledge something that's already being done. And it's not going to be a detriment to the community. It's simply something that can happen without an extra engineering step involved. So those are the changes that we're proposing to make. I've got some other slides, if you're not familiar with the specifics of Ave March 23, 2021 Page 49 Maria, where the services district is located. And we think that makes sense. And I don't think it's an issue. It certainly wasn't for staff or the Planning Commission. But if you drive out there today, the utility site's surrounded by a huge berm and buffer. You really can't see into it, so this is why we think it makes perfect sense to put some of the services in that location. The hospital site, it's going to be located just east of Arthrex if the hospital materializes. And these are the actual text revisions. I'm not going to go through those, but the references are there for the discussion points I made previously. So with that, we're here to answer any questions you might have. CHAIRMAN TAYLOR: Let's -- no questions at this time. Shall we move to public comment? MR. MILLER: Yes, ma'am. I have three registered speakers online for Agenda Item 9A. MR. OCHS: Excuse me. MR. KLATZKOW: Do you want a staff report first? MR. OCHS: Could we get a staff report, ma'am? CHAIRMAN TAYLOR: Oh, I'm so sorry. I'm looking here. Yes, forgive me. MR. SABO: Good morning. James Sabo, Comprehensive Planning Manager for the county. Our recommendation is approval minus Deviation No. 1, and the Planning Commission also forwarded that same recommendation, removal of Deviation No. 1. We are good with the rest -- the off-premises sign is fine and appropriate in our opinion. And I'll entertain any questions. MR. OCHS: James, explain Deviation 1. MR. SABO: Deviation 1 is the parcel size. We -- the rationale for the parcel size, it's currently maximum of four acres. The connectivity and urban scale is the reason for that. I have an March 23, 2021 Page 50 example here that actually helps. If we can put this on the visualizer. All right. So that is the town center for Ave Maria. The highlighted parcel there is at the corner of Torino and John Paul -- Pope John Paul Boulevard. I don't want to disrespect a pope, Pope John Paul Boulevard. That is about 350 by 350. It's a three-acre parcel. It's a square. The maximum size in Ave Maria now is four or -- yeah, four acres is the maximum size. So you can see how this connects into that core, that downtown core. And density and connectivity is the reason for that larger parcel size. If you increase it to 25 acres -- or 50 acres is what their original recommendation was, it lessens that -- lessens that connectivity. It makes it a bigger parcel, a little more cumbersome in terms of the urban scale. So that explains what Deviation No. 1 is. And we're recommending against increasing that maximum parcel size to 25 acres, keeping it at four acres. Additionally, the residents of Ave Maria have come to expect that that is how the development will proceed moving forward. MR. OCHS: That's multi-family parcels, correct? MR. SABO: Multiple-family parcels, correct. CHAIRMAN TAYLOR: Commissioner Solis, do you have a question? COMMISSIONER SOLIS: Yes, just to make sure I understand what this means. So -- because what Mr. Arnold was bringing up in terms of doing something different that really encompasses more than four acres, that's an option. I mean, that can be done without violating any rules. MR. SABO: There is -- there is a way to cluster four-acre parcels such that you can accomplish, and the Planning Commission did discuss that at their meeting. You can cluster four-acre parcels. Under uniform site plan, Site Development Plan application, you are March 23, 2021 Page 51 relieved from some of the standards such that you can take four acres, four acres, four acres and connect them. And I guess I don't want to -- I don't want to talk too much, but you can -- you can create those four-acre parcels and kind of create a larger parcel by keeping them in four-acre pieces. COMMISSIONER SOLIS: Right. I mean, so I'm -- it's not a -- I'm not throwing out a trick question. I just want to make sure that I understand. So there's an option to do that, but staff's objection to this is that -- and this aerial, I think, helps clarify that for me. It's -- the four acres was to promote connectivity and walkability and those kind of things. Okay. All right. That's all I had. Thanks. MR. YOVANOVICH: May I? CHAIRMAN TAYLOR: Yes. MR. YOVANOVICH: I just want to follow up on that concept. Mr. Sabo, we're asking for this change -- I'm sorry -- in the neighborhood general portion of the project, not the town core. So if I can just put this on the visualizer. I think this is an example of what we're requesting. MR. SABO: I do understand Mr. Yovanovich's statement. That -- our aerial was provided for example only. It is not where they're intending to increase the parcel size. They're intending in the neighborhood general, as Mr. Yovanovich had mentioned. MR. YOVANOVICH: Right. And I just want -- I think Commissioner Solis was asking the question about how -- what are we asking for and how does it really work. The town is broken into multiple context zones: Town core, town center, neighborhood general with -- as you get away from the town core and the town center, you have the larger parcels that are being developed. And this is an example, correct, Mr. Sabo, of a multifamily project that is currently being developed within the Town of Ave Maria within a March 23, 2021 Page 52 neighborhood general context zone, correct? MR. SABO: That is correct. And if I can explain a little further, Mr. Yovanovich, those two building sections, is that a four-acre parcel, or is it -- MR. YOVANOVICH: Yes. The red line -- may I? May I explain? Essentially what happens is you take a 25-acre parcel, you plat it into four-acre parcels, and then you ignore the platted line for the unified development. So that red line is a platted parcel. And as you can see, there are multiple buildings on that platted parcel. And the development -- you can't tell by looking at the project that it's been platted into a larger multifamily project. So what it does, it creates the additional engineering step of platting first and then doing the unified site plan. And what we're asking is to avoid having to plat first. COMMISSIONER SOLIS: So can I just ask a question. So is this -- this has already been done in Ave Maria? MR. YOVANOVICH: And is being done by a developer of the bundled golf community out there. COMMISSIONER SOLIS: Oh, okay. So this isn't something new that would be going on in Ave Maria? MR. YOVANOVICH: No. COMMISSIONER SOLIS: This has already been done? MR. YOVANOVICH: Correct. MR. SABO: That is correct. COMMISSIONER SOLIS: So -- MR. SABO: So they're able to stack -- if I may, Commissioner Solis, they're able to stack -- if you can see that red line there, they are able to stack those four-acre parcels next to each other and, through a uniform site development plan, they can abut them next to each other. And it -- it really looks like it's not two four-acre parcels -- March 23, 2021 Page 53 COMMISSIONER SOLIS: Okay. MR. SABO: -- but an 8-acre parcel. COMMISSIONER SOLIS: So is there -- and this is a question that I don't know the answer to. Is there a difference in how they would go about -- other than the platting and helping our economy by creating more work for engineers and surveyors, is there -- is there anything that they would have to do differently in terms of permitting and getting the approvals for this -- for example, what's on the screen there? I mean, does it fundamentally change what they can do to remove this deviation, or does it really just create more -- more work for the engineers, number one? Number two, if the aerial that you showed is a concern in the town center, can we just say that that -- Deviation No. 1 just doesn't apply to the town center? Is there something that we can clarify to make everybody happy? MR. SABO: To answer your first -- or your last question first, yes, that is possible to create that area just to the town center or the core. That's a possibility. The other answer to your question -- your first question is the only real issue that I can think of is the platting. So they'd have to be platted at four-acre lots. The unified Site Development Plan does allow them to -- COMMISSIONER SOLIS: Right. MR. SABO: -- you know, abut them together like that. The intent -- I must say, the intent of the Ave Maria town plan and the maximum four-acre parcel size is that scale and that connectivity. So it may not have contemplated golf course type development along a golf course, and there is nothing in the RLSA about golf course type development. COMMISSIONER SOLIS: Okay. So it really -- one way or the other, it doesn't change what could be built on these four-acre parcels that were massed together? March 23, 2021 Page 54 MR. SABO: That is correct. COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I just was curious -- because -- well, the way I understood it, this did not -- well, this request, this deviation did not apply to the town center proper. And I was curious as to why you used the town center as an example of a less-than-four-acre size piece of property within the town center when there -- and I knew this was going on out here over on the -- I think they call that subdivision The National. And how big -- how big is this piece of property here that's been assembled? Is that a little bit bigger than four acres, or is that eight acres? MR. SABO: I would have to defer to Mr. Yovanovich, but it looks about eight acres. COMMISSIONER McDANIEL: He's not paying attention. MR. YOVANOVICH: Yes, I am. COMMISSIONER McDANIEL: Oh, you are. Okay. How big a piece of property is this? MR. YOVANOVICH: On the visualizer is approximately eight acres. What I was trying to determine, whether it continued on beyond this piece of paper. That's what I was ensuring. COMMISSIONER McDANIEL: Oh. So it necessarily could even be larger than that? MR. YOVANOVICH: It can. It is unlimited in size. COMMISSIONER McDANIEL: They could -- they could group under the current development criterion multiple four -acre tracts to accommodate whatever a developer necessarily wanted to build, so... MR. SABO: That is correct. And the Planning Commission had discussed that as well, stacking those four-acre parcels. March 23, 2021 Page 55 COMMISSIONER McDANIEL: I understand. Thank you. Now, talk to me a little bit about the sign issue, if you could, please. There was some questions during the Planning Commission with regard to the allowances that are existent per the SRA slash -- and I don't know if the RLSA actually addresses the signs in total -- and what the request for the increase -- or adherence to the existing LDC for the signs of Collier County be included in -- MR. SABO: All right. A couple of things, if I may put on the visualizer. Do you see that bottom line there regarding signage; signage in the town center shall comply with town core standards, community general standards, or LDC Section 5.06.04, which is a community-wide or the county-wide ordinance. And that's Town Center 1, and the next page is Town Center 2. But, essentially, it's deferring it to the same thing. So this next page is the sign standards from town core in Ave Maria. So signage permitted now, as Mr. Arnold had mentioned, wall signs are permitted; that's the second paragraph down. Projecting signs are permitted. Window signs are permitted. Hanging signs, awning signs, looks like pole signs mounted at the top of the bracket, and marquee sign which, essentially, is a movie theater type sign. What -- and they are bound by those sign standards. They are looking for flexibility in the Town Center 2 and 3 areas, which is where the gas station is and the other commercial areas in Ave Maria, to allow a menu type or a marquee type sign. Not a marquee theater marquee but a -- COMMISSIONER McDANIEL: Monument sign. MR. SABO: A monument sign that has, you know, a Starbucks or this doctor office or a CPA or whatever it is. Currently the sign standards for Ave Maria do not allow that. So my understanding is that's what they are looking for, the flexibility from the county sign ordinance to allow that. March 23, 2021 Page 56 COMMISSIONER McDANIEL: So, really, they're allowed -- all these signs are allowed within the existing LDC of Collier County. They just are not -- the one that's necessarily excluded would be -- or are there any inclusions that we should be aware of other than the monument sign that would facilitate what they're looking for, or are there -- and I don't want to -- you know, you're not allowed to give me your opinion, but -- well, you can, but I -- is there something we should be aware of that could negatively impact the community with this adherence to the overall -- I mean, our Land Development Code for Collier County has served the county relatively well except for some of those flashing lights that we've had discussions about. MR. SABO: The county -- the county sign ordinance is pretty restrictive. COMMISSIONER McDANIEL: Right. MR. SABO: The issue for them is -- and I can't answer as to what they may think of in the future. So whatever our county sign ordinance would allow would be allowed for them in these areas. So that -- you know, I don't know. There may be -- and the Planning Commission had discussed this, that while there may be some future sign that they come up with that fits the county ordinance but may not be exactly what the Town of Ave Maria or the community would like, four of the planning commissioners were comfortable with having the county sign ordinance be in place for those types of requests. COMMISSIONER McDANIEL: Gotcha. And my last question is for maybe Trinity, and that's having to do with -- thank you, James. MR. SABO: You're welcome. COMMISSIONER McDANIEL: My last question has to do with the relevance of a trip cap and the validity of the trip cap. March 23, 2021 Page 57 COMMISSIONER SOLIS: While Trinity's coming up, can I just ask Mr. Sabo one last question before he sits down? COMMISSIONER McDANIEL: Sure. CHAIRMAN TAYLOR: Maybe -- Ms. Scott, you could use this podium. COMMISSIONER SOLIS: Sorry. Before you sit down. So just so I'm clear, this change from the four acres to the 25 acres won't apply to the town center. It's in the general nei ghborhood area? CHAIRMAN TAYLOR: I don't see that restriction. COMMISSIONER SOLIS: That's a restriction. I just want to be clear. I didn't see that either. MR. SABO: I would need a minute, Commissioner, to clarify that. I don't know that off the top of my head. COMMISSIONER SOLIS: Okay. If you can clarify that, I just need to know that. MR. SABO: All right. Mr. Arnold may be able to. MR. ARNOLD: For the record, Wayne Arnold. And if it's not clear, we'd be happy to add that to the deviation, that it's only applicable to the neighborhood general context zone. COMMISSIONER McDANIEL: That was my understanding. If you didn't -- COMMISSIONER SOLIS: Okay. Yeah, I didn't see it, so I just wanted to make sure. CHAIRMAN TAYLOR: Yeah, I didn't see it. COMMISSIONER McDANIEL: It was my understanding that it was. MR. SABO: Madam Chair, one other clarification if I can. There's a typo in the executive summary. They had originally come in requesting 50 acres. It is actually 25. So your motion should be for 25 acres and not for 50. COMMISSIONER SOLIS: Sorry I jumped in. I just -- March 23, 2021 Page 58 COMMISSIONER McDANIEL: No, no. COMMISSIONER SOLIS: -- didn't want him to sit down. CHAIRMAN TAYLOR: Ms. Scott. COMMISSIONER McDANIEL: It's appreciated. There again, I had understood it to be for outside the town center, and that was why I was curious as to the example that was given within the town center, but thanks for the clarification. Good morning. MS. SCOTT: Good morning. For the record, Trinity Scott, Transportation Planning Manager. The relevance for the trip cap allows us, as the town may continue to evolve, as things change, they may come in for future amendments. It allows us to look at what was previously approved from the trip perspective and have that for comparison purposes. Many times we hear when someone comes in for a change, there's no impact to the traffic. We want to make sure that -- based on how we originally looked at that. In addition, this is a vested development, so we do have those trips banked within our concurrency network. So knowing if we need to add trips to certain links based on changes in the future or perhaps change of uses, that type of thing. COMMISSIONER McDANIEL: Okay. So it's more or less just a carving in stone? MS. SCOTT: Yes, based on the original, plus the last proposed change, I believe, when they added the Arthrex. COMMISSIONER McDANIEL: Memorializing where they're at and what they're doing. MS. SCOTT: Yes. COMMISSIONER McDANIEL: I understand. And just as a final point, I'm really happy about the increase in credits allowable to help facilitate. You know, we have had negotiations going on for our hospital facility out there for quite some time and this will -- this March 23, 2021 Page 59 will allow those discussions to continue without delay from the developer being able to supply the credits. CHAIRMAN TAYLOR: Any other questions? I do have a couple of questions. And, Mr. Sabo, stay close. But for Mr. Arnold, can you please put on the visualizer what you're visualizing or anticipating to be off premises in terms alongside the road to market Ave Maria? MR. ARNOLD: Troy, can you bring that -- MR. MILLER: You want the PowerPoint back? MR. ARNOLD: The PowerPoint back up. MR. MILLER: Yes. MR. ARNOLD: Thank you. MR. MILLER: There you go. MR. ARNOLD: I think this is the sign you're referring to -- CHAIRMAN TAYLOR: Yes. MR. ARNOLD: -- Madam Chairman. CHAIRMAN TAYLOR: Yes. And understanding we cannot, according to the law, I think -- County Attorney, we are not allowed to regulate content. What we are allowed to regulate i s size. MR. KLATZKOW: That is absolutely correct, ma'am. MR. OCHS: Madam Chair, I'm so sorry. Could you move your microphone. CHAIRMAN TAYLOR: I'm so sorry. And right now we don't have a -- at this point you're asking for a deviation to allow this to happen; is that correct? MR. ARNOLD: That is correct. CHAIRMAN TAYLOR: Is there any other sign in any other -- well, I guess it's Ave Maria is the only one out there at this point. Is there any other approved development that is allowing these signs such as you are proposing right now? MR. ARNOLD: Not that I'm aware of. There are a few other March 23, 2021 Page 60 off-premise signs in the county. Your code does contemplate them, but it only allows them within a thousand feet of the property boundary. This one's about 4,500 feet away. CHAIRMAN TAYLOR: Understandably. No, it's a long way away. I have a great deal of angst about this because if you look and you get closer, this is a marketing sign for the developers. And not that I don't think they should be marketed, but do we want a proliferation of these kind of signs along Oil Well Road? Remember, we're going to have commercial going in there. I think -- I think we're on a slippery slope right now. I don't have any problem at all with an Ave Maria sign that is uniquely saying Ave Maria, but we can't regulate that. So it's a real -- it's a discussion that we have to make whether we're going to allow the off-premises signs. So that's it. And I think we are now ready for -- oh, and I think it's interesting to note that Mr. Klucik, who is a resident of Ave Maria, actually is a tenant of the developer of Ave Maria, voted against this. There was one NIM and about 60, 65 people attended to it. I believe there was a second NIM that I didn't see listed, but I know you said you spoke that there was a second NIM out there also. MR. ARNOLD: Yes. There was a second informal informational meeting that occurred after our first required neighborhood information meeting. And just for the record, I know there was discussion at the Planning Commission about the off-premises sign, but I don't think I would categorize the residents as having an issue with that offsite sign. CHAIRMAN TAYLOR: One resident did. MR. ARNOLD: One resident expressed their -- CHAIRMAN TAYLOR: On the Planning Commission. Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I spoke with Robb March 23, 2021 Page 61 specifically about the sign issue and the sign ordinance, and the concern wasn't the offsite premises signs. I mean, our code contemplates offsite signs. I'm interested to understand why they're asking for a deviation -- other than the deviation for the offsite sign. I think the request is because our code has a limit of 1,000 feet, and they're asking for, I think, 4,500 feet. But if they -- if this weren't approved and you wanted to -- and I know we have had other signs that have come off site, and it was outside. What's the process to be able to put your sign 4,500 feet away? Whoever wants to ask [sic] that. And then I do want to address Mr. Klucik's comments. I spoke with him on Sunday, so... MR. ARNOLD: Wayne Arnold, again, for the record. So there would be two opportunities to get a sign more than 1,000 feet away, and one would be the deviation process we're asking for today or the other would be a variance, and I'll let your staff tell me if I'm incorrect. But those are the only two mechanisms that I'm aware of. MR. SABO: For the record, James Sabo. That is correct. The deviation process and the variance process for a sign more than 1,000 feet. Do you want to know our rational for supporting the 4,500 foot? This is a large area. There's development going on. There are people coming from different directions. It is large areas of not a lot going on in terms of signage or directional signage or anything like that. We felt it was appropriate in this case to direct interested people toward Ave Maria. MR. KLATZKOW: You're going to have this same issue when Rivergrass goes in and those other towns go in. So if it's the will of the Board to do this here, you're going to be asked for those other towns as well. CHAIRMAN TAYLOR: Yep. That's not going to be such a March 23, 2021 Page 62 vacant area for much longer. COMMISSIONER McDANIEL: And then -- and, Madam Chair, in regard to Robb Klucik and his comments, I spoke with him this past Sunday. The main concern -- the main concern that he had was there wasn't a lot of clarity at the Planning Commission level with the allowable signage that is currently allowed, and the -- and the expectation to go over to the current LDC. There wasn't a lot of clarity coming for his questions. He and I spoke about it, and from what I've been able to ascertain and even what Mr. Sabo has said today, there's not an enormous amount of increase or a negativity that could come to the folks in Ave Maria before -- before it could, in fact be addressed. So when I spoke with Robb, as long as that clarity was, in fact, brought forward -- I, of course, can't speak for him. His concern was the lack of comparison between what's currently allowed and what the applicant's asking for. So that's just a point there. That was the main reason why he voted against it, because he didn't get that clarification in advance of his meeting. CHAIRMAN TAYLOR: Okay. Public comment. MR. MILLER: Yes, ma'am. I have three registered speakers for this item. They're all online. Our first speaker will be Marsha Maldonado -- oh, excuse me. Anthony Tozzi, followed by Marsha Maldonado and then Mynor Gomez, although I think I called inaudible too fast for my Zoom operator. So let's go with Marsha Maldonado first. Marsha, you're being prompted to unmute yourself. Could you please do that at this time. Marsha Maldonado? (No response.) CHAIRMAN TAYLOR: All right. Let's go ahead and try Anthony Tozzi; Anthony Tozzi; T-o-z-z-i. March 23, 2021 Page 63 Anthony, are you there? Yes, you are, sir. You have three minutes, sir. MR. TOZZI: Well, actually, I am okay. I heard the presentation of the planners, and they did answer my questions. So I really have nothing more to add at this point. MR. MILLER: Thank you very much, sir. My final registered speaker for this item is Mynor Gomez. Mynor Gomez, you're being prompted to unmute yourself at this time. Mynor Gomez? I still see nothing from Mynor Gomez. One more time. (No response.) MR. MILLER: Okay. And just for safety sake, let me try and call Marsha Maldonado one more time. Marsha Maldonado, you're being prompted to unmute yourself, ma'am. (No response.) MR. MILLER: And still nothing. They're online but not unmuting, ma'am. That's all we have registered. CHAIRMAN TAYLOR: All right. Thank you very much. Well, then the public comment portion is closing. And so any comments? Are we ready to vote? Should we vote -- question. Should we vote on these requests separately or would -- because I'm not sure. I think Mr. Klucik voted against the entire agenda item in the Planning Commission. I don't think they separated them out, although they did separate out the deviation for the four acres, I believe. MR. KLATZKOW: Well, I mean, you can vote as the staff recommendation or you can vote to give the applicant what the applicant is asking for. It's one vote. I just need one motion that clarifies what we're doing with the deviations, or the requested deviations. March 23, 2021 Page 64 CHAIRMAN TAYLOR: Okay. So let's review the -- let's review the deviations again, if we could, please. MR. KLATZKOW: Can you put them on the overhead? CHAIRMAN TAYLOR: Mr. Sabo. MR. ARNOLD: It's in our presentation, James. COMMISSIONER SOLIS: Deviation No. 1 is just the change from the four to the 25 acres. CHAIRMAN TAYLOR: Correct. MR. ARNOLD: And if I might, Madam Chair. Wayne Arnold, for the record. CHAIRMAN TAYLOR: Of course. MR. ARNOLD: Mr. Yovanovich did check the Land Development Code, and the citation for the code section is the neighborhood general context zone. So it is applicable only to the neighborhood general context zone for that acreage change. COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: So it's the will of the Commission to vote on the four questions -- the four requests as an aggregate rather than separate them out? MR. OCHS: Madam Chair, just, again, for clarification, the staff recommendation was to approve the petition with the sti pulation that Deviation No. 1 is eliminated from the resolution, and that was consistent with the recommendation of your Planning Commission. CHAIRMAN TAYLOR: Okay. That's an elegant way of doing it. All right. Do I hear a motion? Commissioner McDaniel and then Commissioner Saunders. COMMISSIONER McDANIEL: Yes, and I don't -- and I'm inclined to vote for what the applicant has asked for. I don't have issue with the deviations they've requested. I think we already clarified the fact that the increase of acreage March 23, 2021 Page 65 from four to 25 isn't applicable within the town center, which is what I'm reading here with regard to the Deviation No. 1. So there's really no necessity to actually remove it, as was recommended by the Planning Commission. MR. OCHS: No. I don't think that's entirely accurate. We were showing the representation of the town center just to give you some sense of a scale of a three- or four- or five-acre parcel. But the deviation clearly relates to the neighborhood residential development and the current -- the current requirement out there is a maximum of four-acre parcel for those multifamily projects. COMMISSIONER McDANIEL: And maybe I'm confused. It's not impossible. But why are we excluding -- or including a deviation for something that isn't part of the applicant's request? CHAIRMAN TAYLOR: It is. MR. OCHS: It is, sir. CHAIRMAN TAYLOR: It is. MR. OCHS: They're asking to go from a four-acre maximum to a 25-acre maximum. COMMISSIONER McDANIEL: But outside the town center. And Deviation No. 1 -- MR. OCHS: Correct. COMMISSIONER McDANIEL: And forgive me. I'm just -- I'm trying to read what is up here. MR. OCHS: Okay. COMMISSIONER McDANIEL: And Deviation No. 1 is a relief from that with regard to the town center, and the appli cant's not applying for that. MR. OCHS: No. MR. ARNOLD: Can I clarify? I don't mean to interrupt. But I think it's -- the phraseology from the Land Development Code, the citation of the numbers that are there refer you to the neighborhood March 23, 2021 Page 66 general. It's all considered town design criteria. So I think it's just a little confusing. COMMISSIONER McDANIEL: So the town design criteria is where I was coming up with the issue. MR. OCHS: Yes. It's not a town center. COMMISSIONER McDANIEL: It actually is -- that neighborhood general is the reference that's in front of all that. MR. OCHS: Correct, correct. MR. ARNOLD: That's the E, little i. COMMISSIONER McDANIEL: And I don't -- Madam Chair, I don't really have any -- I don't think there's a need for us to go through these individually unless you-all do. But I'd like to make a motion for approval as applied for. CHAIRMAN TAYLOR: There's a motion on the floor. Do I hear a second? COMMISSIONER SAUNDERS: I'll second it, but I do have a question, if I might, to make sure I understand fully. CHAIRMAN TAYLOR: All right. Second. Yes, sir. COMMISSIONER SAUNDERS: You had indicated that there were some modifications you were going to make. I want to make sure that that's part of the record. MR. ARNOLD: The modification I said, if we need to include the reference to neighborhood general context zone under the deviation, I'm happy to. The citation is to that section of the code, but if we need to put the wording in there to make it more clear... CHAIRMAN TAYLOR: We do. COMMISSIONER SAUNDERS: As long as it's clear, I don't have an issue. MR. ARNOLD: Okay. MR. OCHS: It's clear to us. March 23, 2021 Page 67 COMMISSIONER SAUNDERS: All right. Then I'll second the motion. CHAIRMAN TAYLOR: Okay. Any other discussion? (No response.) CHAIRMAN TAYLOR: There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. Aye. And I'm opposed because of the one deviation which is requesting an off-premises sign to be located on Oil Well Road. And other than that, I approve the other three, but I mu st vote against the entire issue before us. Thank you. It passes -- MR. ARNOLD: Thank you, Commissioners. CHAIRMAN TAYLOR: -- 4-1. Item #9B RESOLUTION 2021-68 & RESOLUTION 2021-68A: AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE IMMOKALEE ROAD RURAL VILLAGE OVERLAY (IRRVO) ON PROPERTY WITHIN THE AGRICULTURAL, RURAL DESIGNATION, RURAL FRINGE MIXED USE DISTRICT, TO ESTABLISH 210.78± ACRES OF NEUTRAL LANDS, 1998± ACRES OF March 23, 2021 Page 68 RECEIVING LANDS AND 578.49± ACRES OF SENDING LANDS; TO ALLOW A MAXIMUM OF 4042 DWELLING UNITS WITHIN THE IRRVO OF WHICH A MINIMUM OF 3,000 DWELLING UNITS WILL BE LOCATED IN THE RECEIVING LANDS; TO PROVIDE FOR GENERATION OF TRANSFER OF DEVELOPMENT RIGHTS CREDITS FROM SENDING LANDS INCLUDING ONE CREDIT FOR RESTORATION OF FARM LANDS; TO PROVIDE FOR USES ON SENDING LANDS TO INCLUDE ALLOWABLE USES IN COUNTY PRESERVES; TO PROVIDE FOR USES ON NEUTRAL LANDS TO INCLUDE USES PERMITTED BY LDC SECTION 2.03.08.A.3 ON NEUTRAL LANDS WITHOUT LIMITATION INCLUDING BUT NOT LIMITED TO AGRICULTURAL ACTIVITIES, SINGLE FAMILY DWELLING UNITS, GROUP HOUSING, SPORTS AND RECREATION CAMPS, FARM LABOR HOUSING, SCHOOLS AND EDUCATIONAL PLANTS; TO PROVIDE FOR USES ON RECEIVING LANDS TO INCLUDE A MINIMUM OF 25,000 SQUARE FEET AND A MAXIMUM OF 125,000 SQUARE FEET OF CIVIC/INSTITUTIONAL/GOVERNMENT USES, A MINIMUM OF 50,000 SQUARE FEET AND A MAXIMUM OF 250,000 SQUARE FEET OF COMMERCIAL USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT, WITH NON- RESIDENTIAL USES SUBJECT TO A CAP OF 375,000 SQUARE FEET IN THE RECEIVING LANDS; PROVIDING FOR A GREENBELT AND NATIVE VEGETATION REQUIREMENTS; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 2787.27± ACRES AND LOCATED ON EAST SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES NORTH March 23, 2021 Page 69 OF OIL WELL ROAD, IN SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, IN SECTIONS 25 AND 35 – ADOPTED MR. OCHS: Commissioners, that moves us to Item 9B. This is a recommendation to approve a resolution proposing an amendment to the Collier County Growth Management Plan to create the Immokalee Road Rural Village Overlay on property within the agricultural rural designation in the Rural Fringe Mixed-Use District. This property is located -- it consists of 2,787 plus-or-minus acres located on the east side of Immokalee Road approximately two miles north of Oil Well Road. And this is a transmittal hearing. MR. MULHERE: Good morning. CHAIRMAN TAYLOR: Good morning. MR. MULHERE: For the record, Bob Mulhere with Hole Montes here on behalf of the applicant. Also with me here this morning is Don Schrotenboer, who is the owner's representative; Rich Yovanovich is our Attorney; I believe Andy Woodruff is available via Zoom if necessary; and I think -- I don't see Norm, so he may also be available. Norm Trebilcock is our Transportation Consultant; and Barry Jones is the PE. So the -- this is a transmittal amendment. Because of the size of the amendment, if it's above 10 acres, it's a -- what's considered a large-scale amendment. Those require two sets of hearings; transmittal and adoption. This is the first set of hearings. If this gets approved, then probably in the fall we will bring back the adoption with the PUD, the rezone, the mixed-use PUD. Subject property is 2,787.27 acres located, as shown on the aerial, right here. And Immokalee Road runs this way, then swings to the north, and then back to the east. So it has -- there's four March 23, 2021 Page 70 sections of land in this square. So there's two miles frontage on Immokalee Road. I did just want to point out the difference -- because we've had a lot of discussion about villages. This will be the first village that you will see -- that you have seen in the Rural Fringe Mixed-Use District. That is separate and a part and different from the Rural Lands Stewardship Program which is further to the east. So your Rural Lands Stewardship Program is basically 195,000 acres that surrounds the community of Immokalee, right here. and the Rural Fringe Mixed-Use District is just east of the urban area, and most of that district is surrounded by Golden Gate Estates. So you have a Rural Fringe Mixed-Use District there, here, a much larger one in here, and this is the subject property. There is a more traditional transferable development rights program in the Rural Fringe Mixed-Use District. So it is -- the county created sending lands and receiving lands. The orange is the sending lands. Owners in the sending lands can transfer development rights to the receiving lands, such as the subject property here. I just wanted to spend a minute explaining that, because you have not actually seen a village in the Rural Fringe Mixed-Use District yet. This amendment includes all three of the designations from the Rural Fringe Mixed-Use District, the subject property. It contains sending lands, neutral lands, and receiving lands. On the receiving lands, we would propose to create the rural village, the sending lands are put in protection, and on the neutral lands, which are adjacent to the Corkscrew neighborhood, we are not asking for any changes to that. We will -- as they requested -- I met on several occasions with the Corkscrew neighborhood -- we will retain the allowable neutral one-per-five -- a density of one per five. So, again, the sending lands were the highest value March 23, 2021 Page 71 environmental lands. The receiving lands allow for conversion to some form of development, in this case a rural village, and the neutral lands were deemed no harm, no foul. We're not going to change anything with those. I just point out this aerial. You can see that the subject property, even back as far as 1973, this is the -- what is currently a mine. This is Immokalee Road here, and Immokalee Road runs down this side as well. So you can see that this land was farmed and altered, for the most part, back as far as 1973. This is a more current 2019 aerial, and this is ariel a fairly large excavation right in here. This map shows you a little closer perspective of the property. As I mentioned, there's -- or maybe I didn't, but I will -- 1,998 acres of receiving. This property was part of the Hussey settlement agreement. It was formerly known as SRA 46 Land Trust at that time. And as you may recall, the Hussey property further south got 578 acres, and change, of receiving lands, and this property, as part of that settlement, got 578.49 acres of sending lands. Those have not been designated. The settlement required them to be designated when the landowner came in to take some entitlement action on the property. So we would be designating these sending lands right here and right here as part of this process when we get to the adoption. Again, those two combined are a little over 578 acres. So what changes are we asking for? Well, the density that we've requested is 4,042 units; within the village, 4,000. Within the neutral, 42. Again, neutral is limited to one per five. The current regulations establish a maximum size for a village of 1,500 acres. We are proposing through this amendment to increase that size on this project to 1,998, which is the size of the receiving lands. The county does allow for one larger village in the southernmost receiving lands, which is the Lipman Produce and some other large March 23, 2021 Page 72 agricultural operations down in that area, but all others are limited to 1,500. So we're requesting to increase that size. Right now the county also allows for a minimum density of two units per acre and a maximum of three in a village. So they do have an established minimum density. So if you had a 1,500-acre village and you built the maximum density at three units per acre, you could develop 4,500 units. We were proposing to develop 4,000 units within the village but spread that across a larger land area; 1,998 acres. So our minimum density is 1.5, and our maximum is 2, and that is partly because there is 400 -- I think it's about a 450-acre excavation lake within the project that, obviously, can't be developed. We are also asking for a TDR bonus of one TDR per acre of farm fields if they are restored within the sending lands. So there is about 80 acres of cleared farm fields within the sending lands. As part of the getting to you leading up to this hearing, we have met with a couple of environmental groups, including Brad Cornell and Meredith Budd; Brad Cornell of Audubon of the Western Everglades and Meredith of the Florida Wildlife Federation. And we've been working with them and continue to work with them. And they would like to see the farm fields restored. I have an aerial, which I'll show you in just a second. So this aerial shows the sending lands, which generally run like this. And this is that fairly large farm field, and this is a farm road to that. And so in restoring those, we put a limit, I think, at 100 acres, but it actually will probably be less. Again, staff supported this as well as the Planning Commission. So we have a cost estimate to restore that to functioning habitat, including wading bird habitat. You know, this is fairly close to Corkscrew, so part of the reason we engaged with Brad was to make sure that we were addressing concerns that they might have. And so, March 23, 2021 Page 73 again, in restoring that we would have some upland and some wetland wading bird habitat and, if we do that, the cost is somewhere in the neighborhood of $1.7 million. So by allowing TDR generation for that at one unit per acre, you recoup the cost to restore that and incentivize that restoration. And, again, that was supported by staff. We aren't making any changes to the neutral lands, which are right there. Let's see. I already mentioned the change to the village size. All of the rest of these requirements are consistent. They relate to the town center and neighborhood commercial. And we also are providing for a research and technology or business park under the assumption that, as the Board has always discussed pending changes to this district, employment creation has always been kind of an important thing. We don't know if we'll be able to do that, but we've allowed for it in the Comp Plan. Let's see. This just shows you how the TDRs are corrected [sic], and it's a little complicated, so I'll go over it with you. You have a base density at one unit per five acres, which would get you 400 units on the 1,998 acres. We are required to provide affordable housing, and we're required to provide 400 units, and under your provisions, we get a half-a-unit bonus for each affordable housing. So that's 200 units. From our own sending lands, we anticipate we can generate 563 TDRs, and then in a village you get a bonus for each TDR that you acquire. So within the project itself, we can generate 1,726 TDRs. So to achieve 4,000 units, we would need to acquire 1,137 TDRs from outside of our project from other landowners in the sending area, which is the program that you want to see happen so those landowners are made whole for the loss of development rights they got when we made their lands sending. March 23, 2021 Page 74 I've asked for a couple of changes to the greenbelt buffer. Those changes are necessitated by the county's desire to have a four-lane public roadway through this project which runs along the south and then north from Immokalee Road on the southwest corner to Immokalee Road on the northeast corner and also some utility requests for a raw water well and raw water -- a raw water well line easement as well as some raw water wells. So in order to accommodate those things, we've asked for some changes to the requirements of the greenbelt. And, again, staff and the Planning Commission both supported that. Your code allows for a reduction in native vegetation when you collocate public facilities, and this just reflects that if we do that, we will get that reduction. And then the last item is a reduction in the littoral planting zones. You have those two very large lakes, and they have their own reclamation plans associated with them, and we've come to find that the littoral zones function better if they are aggregated, and so we've requested that deviation from 30 percent, which would be an incredible amount, down to 15 percent, and that's because of those two big lakes. So that concludes my presentation, but we're happy to answer any questions that you have. CHAIRMAN TAYLOR: I do have a question about the littoral. MR. MULHERE: Yes. CHAIRMAN TAYLOR: You've reduced it? MR. MULHERE: Yeah. So the Rural Fringe Mixed-Use District requires 30 percent littoral plantings. On a project of this size, that would be -- with the -- multiplied by the perimeter; 30 percent by the perimeter of the lakes within the project. But each of the two mines already have a restoration plan, and it would be such a large number that -- look, it probably would be very March 23, 2021 Page 75 difficult to maintain a functioning environmental condition in those littoral plantings because, you know, they're going to be a lot narrower and a lot shallower because they're going to be around these big lakes with the wind action hitting those. It's very difficult to maintain them. Each of the mines does have a reclamation plan. CHAIRMAN TAYLOR: Who's responsible for that -- MR. MULHERE: The developer is. The owner right now, yeah. CHAIRMAN TAYLOR: Right now? MR. MULHERE: Yeah, yeah. CHAIRMAN TAYLOR: So does that reclamation plan have to come back to the Commission for approval, or are you just -- MR. MULHERE: No. They're required, as part of the mine -- at the end of the mine, when it ceases to -- by DEP, I believe, is the agency. So when we come in for our various plats for development on the project, we will then identify where the littoral plantings will be on the actual development lakes and we will meet that 15 percent requirement overall. CHAIRMAN TAYLOR: But to meet the 30 percent, did you say? Was it 30 percent? MR. MULHERE: Yes. CHAIRMAN TAYLOR: So you want to reduce it by 50 percent? MR. MULHERE: Yes. CHAIRMAN TAYLOR: Okay. So we know that littoral plantings are one of the critical features of water quality. MR. MULHERE: Well, water quality and habitat, yes. CHAIRMAN TAYLOR: Okay. So the justification for reducing this is because -- MR. MULHERE: By aggregating them, we will actually create March 23, 2021 Page 76 better functioning habitat and water quality provisions. And when you aggregate them, you're either going to get less functional long, linear littoral plantings, or you're going to get them aggregated, in which case you don't really need to do as much. That's the basis for that. It has been approved on other projects. CHAIRMAN TAYLOR: Okay. Okay. And the lakes, how big are the lakes, please? MR. MULHERE: Frankly, I think maybe we ought to revisit at some point, not as part of this project, but revisit that littoral planting. It's the only one -- it's, like, quadruple the amount required anywhere else in the Rural Fringe Mixed-Use District. And I know we're going through that restudy now, so... CHAIRMAN TAYLOR: Okay. MR. MULHERE: I'm sorry; I missed your question. CHAIRMAN TAYLOR: No. How big is the lake? MR. MULHERE: Well, the one -- so let me go to that again. Let me get to that area. I'm sorry. So this lake here, which is the neutral lands, is about a little -- maybe 195 or 196 acres, and the total of this neutral-lands parcel is 210. So it's almost the entire parcel. And then this one here is about 450 acres. Now, what you're not seeing here is that the rest of this area all throughout here, which will be developed -- and this may be a little bit confusing, so let me -- this will have a number of development lakes which will have the littoral zones on them. CHAIRMAN TAYLOR: Got it. MR. MULHERE: I apologize. I see where that would be confusing. CHAIRMAN TAYLOR: And the circle at the bottom that you just did that looks like it's land, this is a lake? MR. MULHERE: It actually is. It's -- in this aerial, which, I don't know, was in June of 2019, it's a little bit shallow, so that's why March 23, 2021 Page 77 it looks like land, but it is -- it is an excavation; ongoing excavation. CHAIRMAN TAYLOR: All right. Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you. And just -- I'm rather intimate with that lake there on the south. And just for your edification, when we get to a draft of the site plan that's proposed here, south of the entrance road, the four-lane where they're contemplating bringing the road through, south of it is a no blast zone on that 500 acres or so that's permitted for a lake, and it virtually cannot be dug in any kind of economy to make sense to actually excavate it, so... MR. MULHERE: I'm not sure if I got it exactly right, Commissioner, but, you know, just in this vicinity, the four-lane public roadway will come in somewhere around here and will then swing a little bit to the south and then move north all the way back to Immokalee Road. So I think you're referring to some of this area, and maybe it swings up a little bit more. COMMISSIONER McDANIEL: It's actually -- it's actually just to the -- well -- and you're the one drawing circles. It actually flows right along the circle that's in the middle of the permitted lake area right -- that area, and then draw a line along the south end of that, right there, and then back to the west. There's a no blast zone there. And that's -- and the road's going to go through there. But from that line, basically, south is -- there's no blasting allowed. So that just is maybe a little bit clarification as to the size of what the big pond is, in fact, going to look like. A question for you, and this has been asked of me regularly. On a good day, assuming transmittal goes forward, adoption goes forward, how long will it take for our community to be seeing vertical development? MR. MULHERE: Commissioner, right now we are in the -- in March 23, 2021 Page 78 really the kind of early stages of the jurisdictional permitting. I would assume two years for jurisdictional permitting, and at the same time, we would -- assuming we get -- and that's from the adoption in the fall and MPUD hearings. And then we have to go through some -- you know, the plat and then build the entry road at least to the first portion of the development. So there's some infrastructure that's going to be required. So I believe that it will be safe to say five years; five years. COMMISSIONER McDANIEL: Plus/minus. And again -- MR. MULHERE: Yes. There will be some construction. But vertical -- your question was vertical. COMMISSIONER McDANIEL: Right. And that was the impact on the community necessarily -- so there is a little bit of an impact that comes from the actual construction. MR. MULHERE: Yes. COMMISSIONER McDANIEL: But, you know, the concerns with the traffic and everything, it potentially could be as early as five years. Could be a little less; could be a little longer than that. MR. MULHERE: Yes, yes; that's correct. COMMISSIONER McDANIEL: Depending on the economy, as things go. When you mentioned earlier in the southerly portion of the Rural Fringe Mixed-Use District, there was a larger contemplated village for the -- what we all know as the Lipman Farms. MR. MULHERE: Yes. COMMISSIONER McDANIEL: Approximately how large is that village allowance within the -- MR. MULHERE: That allowance is 2,500 acres. COMMISSIONER McDANIEL: And so this request is increasing from the -- March 23, 2021 Page 79 MR. MULHERE: Fifteen -- COMMISSIONER McDANIEL: -- rural fringes -- MR. MULHERE: Fifteen to -- COMMISSIONER McDANIEL: Fifteen hundred to 19 -- MR. MULHERE: About a little under 2,000. COMMISSIONER McDANIEL: Right at 2,000. Okay. And then my next question has to do with the restoration of the farm fields that are in the environmental area, because it was rather impressive the size -- right there. This is a -- this is a critical area for habitat, some wonderful wetlands. I've stomped most of these swamps that are delineated here on this picture. What criterion is going to be utilized? Is there a format or criterion for the restoration of those farm fields back to -- MR. MULHERE: Yeah. COMMISSIONER McDANIEL: -- habitat? MR. MULHERE: We're actually working directly with Brad and Meredith. They -- Brad, particularly, I think, has some experience with some restoration that related to the panther mitigation bank, and he's made some suggestions, and we've committed to continue to work with them. The objective would be to create some wading bird habitat as well as some uplands. So maybe this is a depressed marshy wetland. And I'm -- look, I'm not an ecologist, but I'm -- I've been on the call, so, you know, I stayed at the Holiday Inn. And also this is a pretty substantial, I think, cypress area. COMMISSIONER McDANIEL: It is. MR. MULHERE: So it's important, I think, to restore that. It will serve two purposes: A water quality and a hydrology benefit but also a habitat for wading birds. COMMISSIONER McDANIEL: Right. And so what I heard is there isn't a set of standards yet developed -- March 23, 2021 Page 80 MR. MULHERE: No. COMMISSIONER McDANIEL: -- that's being suggested. When will we know what those standards, in fact, are going to -- MR. MULHERE: Yep. COMMISSIONER McDANIEL: Will we know those standards, and will they be solidified before I'm asked to adopt this? MR. MULHERE: They will. We're going to work with them and come back. And right now, just so you know, there's an incentive, and the incentive is twofold. It's -- COMMISSIONER McDANIEL: I got the incentive. I appreciate that. I just wanted clarification -- MR. MULHERE: Yes. COMMISSIONER McDANIEL: -- because talking with the environmental groups about potential standards and not having them solidified end up being two different things, and I wanted to hear when those were going to be done. I also wanted to ask -- if I recall, there was a contribution of a significant amount of right-of-way along the east side of this property that runs along Immokalee Road? MR. MULHERE: Yes. So I can use this example right here. We have -- and this will come back in the form of the PUD when you see it in, hopefully, the fall. We have a 100-foot right-of-way reservation requested which we agreed to -- obviously it doesn't become actual until we come back -- along Immokalee Road here. And, again, as I mentioned, the plan right now calls for a public roadway through there. So traffic will have the ability to come through here and perhaps not have to go along this -- COMMISSIONER McDANIEL: The old Immokalee Road. MR. MULHERE: This area of Immokalee Road. COMMISSIONER McDANIEL: Yeah, the old Immokalee Road. And that's one of the huge benefits for this project. That March 23, 2021 Page 81 right-of-way restoration, assuming we go through the process and transmittal, there's, again, some amazing wetland communities that are over along Immokalee Road that are in dire need of enhancement, and with that reservation, we'll be able to do wildlife crossings. And we've actually -- I've got some information that came from staff, I think, over the weekend with regard to the restoration efforts that Brad was here last month talking to us about and the potential of some form of increased restoration actually coming from the canal system that runs along the east side of this property through those designated areas and underneath Immokalee Road that can be a huge benefit to the environmental community as well. And I actually even spoke -- I spoke with Meredith as well, because I think over here in what's designated as Section 31, between 30 and 31, there's a very sensitive environmental area, and they're talking about a wildlife crossing across the canal to interconnect through these designated lands to the north end to allow for that transition back and forth from eastern Golden Gate Estates and over into the CREWs land as well. And I have one last question, Madam Chair, and then I'll quit for a minute, and that is, there was some discussion early on about the potential of a purchase of land for the contemplated bus barn -- CAT bus barn and Road and Bridges facility. Is that reservation included in this at this stage? MR. MULHERE: It's not included in the GMP. Right now it is in the MPUD and has been reviewed three times so far by staff. We'll be resubmit -- we're making a few site plan changes, which is normal, through this process, but it's still in there. And we presume that we will go forward with that school board bus barn and the county Road and Bridge facilities. COMMISSIONER McDANIEL: Having that as an option -- MR. MULHERE: Yes. March 23, 2021 Page 82 COMMISSIONER McDANIEL: -- is paramount as far as I'm concerned, so -- and I have no further questions for the applicant right now. CHAIRMAN TAYLOR: Thank you. There's an email we've all got with a resident from Golden Gate, only one, okay, concerned about this development taking the water from their wells, which is the opposite side of the environmentalists who want more water, you know -- exactly. And we do have our Dr. Yilmaz here. And I'm wondering if he might consider just briefly addressing, as we develop in the east, how are we preserving existing wells? And I don't know if he hears me or if he's even paying attention. MR. MULHERE: May I just add, while he's coming up -- CHAIRMAN TAYLOR: Yes. MR. MULHERE: This will be served by county sewer and water, so we're not going to be affecting somebody's wells. CHAIRMAN TAYLOR: That's kind of what I wanted, if we could, because it's a -- it's part of the great plan out there. Did you hear my question, Dr. Yilmaz? DR. YILMAZ: Yes, ma'am, I did. Commissioners, for the record, George Yilmaz, Collier County Water/Sewer District director. What we have, this board has approved integrated water resources strategy. Under water resources strategy, there were three visionary guiding principles. One was, are we going to withdraw through this development process potentially going on the eastern parts of the county more water than currently we are withdrawing now. The answer is no. The agreements we have with developers takes us to No. 2 point that we introduced in our integrated water resources strategy net zero water footprint. What that means is that we will be taking less freshwater from our freshwater resources with minimal if not no March 23, 2021 Page 83 impact to upper and lower Tamiami aquifer system. 80 percent of our water, and going into next 50 years, close to 100 percent of our water will be coming from lower and upper Hawthorn aquifer system, which is being recharged by green swamp area in central Florida. And, thirdly, this is going to be, from a water resource management strategy and conservation standpoint, will significantly reduce agricultural withdrawals and discharges related to agricultural activities. So having shared with you next 50 years and painting the picture how the water resource is going to be there, we are confident that freshwater supplies will be preserved, if not be better off, as far as drinking water supplies using our nano and aero technology, will be good enough for over 1.5 million residents. CHAIRMAN TAYLOR: Thank you. DR. YILMAZ: Thank you, ma'am. CHAIRMAN TAYLOR: Fascinating. I don't know if this board was here, this board currently, when we did the water integrated plan, but it might be timely to have a review of it. All right. So any questions? MR. OCHS: Do you want the staff presentation? CHAIRMAN TAYLOR: Yep. We'll hear from the staff now. MS. MOSCA: Good morning, Madam Chair, Commissioners. For the record, Michele Mosca with the Zoning Division. Staff is recommending approval of this Growth Management Plan for transmittal to the state. Staff has determined that the project furthers the rural village -- furthers the rural village concept within the Rural Fringe Mixed-Use District of the Future Land Use Element. The proposed village provides for a mix of uses, it provides for a mix of housing types including affordable housing, and it also has the potential to preserve or protect from development in the sending March 23, 2021 Page 84 lands over 1,400 acres, which is key to these projects. And, Commissioner Taylor, you had asked staff to provide a comparison document. So the comparison would be between the rural village proposal that you're seeing today and the proposed restudy-based amendments that you'll be seeing probably within the next few months. So what I'd like to do is put on the visualizer the table. This also can be found in your staff report for the Planning Commission, so I'll do that now. So you can probably see the similarities. Again, there's a mix of housing types, so both in the proposed rural village as well as in the existing provisions, which is the middle column, and the white paper or the rural fringe proposal for the amendments. There's opportunities for a technology park or business park for employment. There's also provisions for institutional and civic uses, and most noteworthy about the differences would be the TDR or Transfer of Development Rights generation rates. So as Bob explained to you, really with this proposal they are self-bonusing, which is okay. I mean, again, there are opportunities for TDR severances. They are required to go outside of the rural village for roughly 1,137 credits and, again, that could preserve upwards or stop from potential development that additional 1,400 acres. Are there any questions about the table? I don't know if you all have had a chance to review it. So I just want to make sure before I go further, if you have any questions -- okay. And then, finally, the Planning Commission recommended approval unanimously of this particular amendment, and they had two conditions. One was for the working -- the applicant will work with the Florida Wildlife Federation to look at a crossing, and then there was also staff text and, I'm sorry, third there was a developer March 23, 2021 Page 85 contribution agreement so that mitigation was addressed. So if there's any questions... CHAIRMAN TAYLOR: Seeing none, thank you very much. MR. MULHERE: Madam Chair, I just wanted to put on the record, no objection to those conditions. We're doing that right now anyway. The DCA will come back to you as part of the adoption and MPUD, and we are presently working with staff to work through that process. CHAIRMAN TAYLOR: Thank you. There are no questions. Any public comment? MR. MILLER: Yes, ma'am. I have one registered speaker in the room and three registered speakers online. We'll start with Rae Ann Burton, and Rae Ann will be followed by Brad Cornell and then Matthew Schwartz. Well now, I saw Rae Ann here earlier. All right. I'm going to throw my Zoom people a curveball -- wait, there she is. It's got to be. There she is. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton. 2530 31st Avenue Northeast. Item 9B is a project that will impact panther preserves, create traffic congestion, and make an even already difficult commute even worse. It's only one of many compact dense communities creating a commercial sprawl. This village is not cohesive with the rural environmental or RLSA plan which developers are constantly changing to suit their desires. The required infrastructure should be the developers. We will be the burden of the taxpayers. This village will create more congested traffic which will create access issues for communities that have entrance on Immokalee. Estate tax money already goes into general fund where everyone benefits but the Estates. People move knowing there are no stores around the corner. It wasn't an issue until developers started building in the fringe area. March 23, 2021 Page 86 People moved here for rural environment and wildlife, not for the conveniences that we are now told we need. It is the developments that are demanding the conveniences. I'm tired of hearing we must build for "they" want to move here. Why? Who are "they"? There are no homes for the homeless. Maybe if they had a home, they would be a benefit to society. But the county approves high-cost housing selling at prices only locals can dream of owning. Sold for vacation homes, rentals, or to businesses that want a place to house or entertain clients or employees. It seems public concerns and fears are being ignored; that the projects are already cut in stone. This project is wrong f or the Estates, endangers panthers and bear habitat, creates further traffic congestion, more wildlife kills, and forces more wildlife/human contact creating more farm animals and pet deaths. Project only benefits developers and a lawsuit settlement and four foreclosed parcels of Commissioner McDaniel. Even though there is no financial gain, there was also no financial loss. He should excuse himself from voting, as it would seem a conflict of interest. We live here. Most of the developers do not, some not even in the county or state. We are the taxpayers. This is our backyard. Our homes are being destroyed so gated, densely packed villages have amenities while destroying ours. We don't have to go on a vacation to get out of congested developments. We have the space and nature to watch, a tree to sit under and ponder on the sounds of nature, or at least we did. This development will destroy the unique area of Naples, the paradise we want to enjoy and the tourists come to see. The Board was voted by the taxpayers to protect the environment, wildlife, and taxpayers that live here. Yes, developers have a right to develop their land, but not at the cost of my -- of me losing mine. March 23, 2021 Page 87 Growth must be controlled, also benefit the Estate homeowners; cannot just be the developers. Do not approve; it benefits only the developer and landowner that seek only profit at our expense. MR. MILLER: Madam Chairman, your next speaker online is Bradley Cornell. Mr. Cornell will be followed by Matthew Schwartz and then Meredith Budd. Brad, I see you're there. You have three minutes, sir. MR. CORNELL: Good morning, Madam Chair and Commissioners. This is Brad Cornell on behalf of Audubon of Western Everglades and also Audubon Florida and its Corkscrew Swamp Sanctuary. So thanks for the chance to comment on this Immokalee Road Rural Village Overlay. As Bob Mulhere mentioned, Audubon and Florida Wildlife Federation have spent over a year meeting with the applicant's representatives on this project and continue to meet regularly on several aspects that remain unresolved on this proposal. We have appreciated this dialogue very much. Audubon -- on my first comment, Audubon believes the proposed rural village density bonus TDR credit that is just for using other credits is inappropriate. The density is low for a village or a town, and the Rural Fringe Mixed-Use District was designed to protect habitat and wetlands through TDR credit rewards. This proposed gifted credit would not be tied to any public benefits. In contrast, the proposed bonus TDR credit for each acre of restoration of farm fields is good and necessary, and Audubon supports that. That helps achieve the Rural Fringe Mixed-Use District purposes very clearly. Speaking of those restored farm fields, the applicants are proposing about 80 acres of restoration on the north end. Audubon recommends these be restored primarily to wet prairies, which is a March 23, 2021 Page 88 wetland habitat type, which has largely been eliminated from the region as most of them have been converted to farms and urban uses. These are vital for wood stork nesting, according to Audubon research at Corkscrew Swamp Sanctuary, so that's why we make this strong recommendation. Wet prairies are not easy to restore, but they're absolutely essential. Next, Audubon opposes reduction of the required littoral planting area from 30 percent to 15 percent because these areas, when aggregated in lakes, will act as wading bird forging areas and habitat and contribute significantly to better water quality. This do es not include the two mining lakes that Bob Mulhere was talking about. Without more acreage of restoration of wetlands from farm fields, the littoral planting areas will have to substitute for that important ecological benefit that this area needs very close to Corkscrew Swamp Sanctuary and the CREW Bird Rookery Swamp. Finally, I just want to note that Audubon also supports what Florida Wildlife Federation is about to raise with you by Meredith Budd, which is the need for wildlife crossings in two locations and the importance of human/wildlife conflict reduction policies for this project. So thanks very much for considering our input, and we look forward to continuing to work on this project with the applicant as well as your staff. Thanks. CHAIRMAN TAYLOR: I have a question for you, Mr. Cornell. MR. CORNELL: Sure. CHAIRMAN TAYLOR: Your position is that if additional TDRs are applied to this project, it should be for restoration, correct? MR. CORNELL: Yeah. Restoration would be a prime way to do that. There are different ways to generate TDRs. As Bob Mulhere and staff have summarized, another would be from sending March 23, 2021 Page 89 lands as base credits off site, and they are generating some from that. They could generate more by going to the TDR marketplace and buying more credits, or they could do more restoration on farm fiel ds and adjust their footprint so that they accommodate that. So, yes, there would be different ways they could generate more public-benefiting credits. CHAIRMAN TAYLOR: Okay. Thank you. MR. MILLER: Madam Chairman, your next speaker on this item will be Matthew Schwartz. Mr. Schwartz will be followed by Meredith Budd. Mr. Schwartz, I see you're on with us. You have three minutes, sir. Go ahead. MR. SCHWARTZ: Thank you. Just minimize something. Can you still hear me? MR. MILLER: Yes, sir. MR. SCHWARTZ: Okay, great. So Matthew Schwartz, South Florida Wildlands Association. We're a small nonprofit that works to protect wildlife and habitat in the greater Everglades. Yogi Berra -- I'm going to talk about Yogi Berra for a minute. And he has a famous quote. Asked about going to a popular restaurant. He famously said, nobody goes there anymore. It's too crowded. That saying definitely applies to Broward County, your sister county across -- your sister county across Alligator Alley, with a current population of nearly two million people, and more and more it's applying to Collier County as well. In 1980, Collier County had a population of about 85,000. Today it has a population of about 400,000. In only 40 years, it's a nearly five-fold increase in population. That is staggering growth, and that has not been adequately planned for or mitigated. Last week, or the last meeting, commissioners spoke about that rapid growth in glowing terms. Collier was described as a booming March 23, 2021 Page 90 new metropolitan area. Current residents have a different opinion. You heard one today. I was also speaking to another resident of the Golden Gates who was in tears looking at the presentation knowing what's coming. The new road that was described is right behind her house. It cuts off, you know, extremely important wildlife habitat. Most of the residents, they come here now and then. They complain about a degradation of the local environment, loss of wildlife and wildlife habitat, overcrowded roads and traffic congestion, impairment of water quality, loss of fish populations, algae outbreaks due to contaminated runoff, and other impairments that are the result of rapid growth including a general decrease in the quality of life for a formerly small gulf-side community. I lived in Broward County for 13 years, and I had a conversation one time in a staff room with a Broward County planning staff member about Broward's level of growth. It's about two million people, as I said, right now. When asked about what that growth had accomplished, his reply was, we've allowed more people to live here than ordinarily could have, and he stopped right there. No further elaboration. Collier County seems to be on a similar track, accomplishing little by population growth except more population growth and degradation to the natural environment and the habitat of Florida state animal as well as numerous other Florida native species of Florida. I think I've got three minutes, and I have 30 seconds left. The 4,000 new residents, as planned for this project, are an unmitigated disaster for the Florida wildlife and for the other local wildlife. It's a stone's throw from the important public lands, CREW lands, the Flint Pen Strand and, most importantly, the famous Corkscrew Swamp, the last stand of native old growth cypress trees in our region. The local water runoff use will drain these areas, because when March 23, 2021 Page 91 agricultural lands are used, when water is used in agricultural lands, that water stays on the surface, returns to the aquifer. The other stuff -- and I've set my alarm for three minutes, so I suppose that's it. But when water use is used for the public supply, that use is taken out of commission, basically dumped, and it's gone. So there is numerous other problems with this project. Roadkill is going to increase all kinds of degradation. And I would say do not approve this project. I would say take into consideration -- if you're really concerned about the needs of Collier County, the residents, what they want, they don't want this. CHAIRMAN TAYLOR: Thank you. MR. SCHWARTZ: They don't want New Suburbia. Thank you very much. MR. MILLER: Madam Chair, your final speaker on this item is Meredith Budd. I'll give Meredith a second here to unmute herself. There you are, Meredith. You have three minutes. MS. BUDD: Good morning. Meredith Budd on behalf of the Florida Wildlife Federation. Good morning, Commissioners, Madam Chair. Thank you for the opportunity to speak. As Brad mentioned just before, the Federation, along with Audubon, have been in communication with the applicant over the past year, and we're appreciative of the opportunity the applicant has given us to provide our input and for their willingness to work with us. Today you have a Growth Management Plan amendment before you that would allow this village to come back for their further approvals. So in advance of enabling this village to come back, I think it's really important for you to be sure that the village application that will be coming back is one that is compatible with the landscape. There is a severe wildlife mortality issue on the north/south March 23, 2021 Page 92 segment of Immokalee Road that is immediately west of this village. Also, as mentioned, the village will have a bypass road moving through it that will bisect habitat as it moves north/south through the village. Commissioner McDaniel, thank you for highlighting the Horse Pen Strand and the need for wildlife to be able to maintain their current movement patterns through the region. The village is to the east of CREW and to the west of that Horse Pen Strand. The settlement agreement converted those 578 acres of land to sending area. So given the surrounding land uses, the now designated sending land, it's critical to be able to provide wildlife-crossing structures on both Immokalee Road and the bypass road. Again, that north/south segment of Immokalee has panthers and bears consistently killed by vehicles. That's not only a wildlife issue; that's a human-safety issue as well. There are also many wading birds and wood stork roadkills that are on that same road segment. So FWF and Audubon have met with FWC. We actually have a meeting with the service tomorrow to discuss these crossing needs and these wildlife issues. Also, the village is in an area where there is high probability of wildlife conflict. We have discussed this issue with the applicant, and we encourage them to commit to implementing a comprehensive wildlife/human conflict plan including both education and bear-resistant trash containers for residences and for businesses. So we're very pleased that the applicant has been willing to work with us on this and has taken our recommendations, and they have indicated to us that they would be willing to implement both the Comprehensive Plan and the bear-resistant trash cans throughout the village. These strategies are needed in all areas of the county where there are bear and panther habitat, and they're really necessary for this March 23, 2021 Page 93 village to move forward. So I understand that this is a GMP amendment, but I believe that these are issues that are important for you to just be aware of at this time in the process so that when the village comes back we can ensure that these wildlife issues are fully addressed. So we look forward to continuing this dialogue with both the applicant and with your staff as it moves forward. So thank you so much for your time. CHAIRMAN TAYLOR: Thank you. MR. MULHERE: I just want to, if I could, Madam Chair, respond to a couple things. I think there was maybe a little bit of confusion on how we generate TDRs within the project. There was a -- I think Brad mentioned, well, they're going to get some. Well, there's no some. It's 1,137 TDRs at somewhere between 12 - and $15,000 apiece. So if you do the math, it's significant. But having said that -- could you switch this. Yeah, right there. Perfect. So I just want to show you how the GMP amendment proposes to generate TDRs. If you look at A, it says, base TDR credits 0.4 per acre. Now, that's only within our own sending lands. Right now you have an early-entry bonus of .2 and the base TDR of .2. That's what's in there right now. I combined those two, not for an increase -- you can see it says .4 -- because I somehow thought after 20 years an early entry didn't make a lot of sense. But I can go back to the early entry at .2 and the base at .2, and it's the same number. So -- and then we have the environmental restoration maintenance bonus, which is exactly what you have today, and then we have the conveyance bonus, which is also exactly what you have today. The only new bonus is one for restoring those farm fields, which you heard there was support for. So I just wanted to clarify that. It's not -- and we're not creating more TDRs other than the farm-field restoration TDR, which is a one-TDR-per-acre bonus. March 23, 2021 Page 94 We have committed to the human/wildlife interaction plan which we will bring back as part of the rezone, MPUD rezone, which will cover not only the actual wildlife interaction, including bear-proofed trash cans and other wildlife species management plans, panther, but also we'll address controlled burns which will occur in the public lands close to us. So we have no problem with that, and we will continue to work with interested parties to make sure that that addresses their concerns. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Mr. Mulhere, I just want to make sure -- because I had written this down -- that on the -- there was 563 TDRs from the sending area but then there was, essentially, a match of 563? MR. MULHERE: Yes. So in a village, for every TDR or TDR credit that you get -- so the base or any of those credits that are available to anybody -- in a village, to incentivize a village, your Rural Fringe Mixed-Use District gives a bonus for each TDR credit. That's to get from -- because right now outside of a village you're limited to one unit per acre. So to get up to two or three, there's a combination of TDRs that you have or you acquire, and with us it's -- we have -- we actually have to go out and buy quite a few more than we have, 1,137 at a minimum, and then for each one that you acquire, TDR or TDR credit, you get a bonus. A village -- they call it a village bonus. So that's how you get to that density, that minimum density of two or that maximum of three. COMMISSIONER SOLIS: Okay. So maybe this is a question for staff, because I thought what Mr. Cornell was saying was that there was something in this situation being inappropriate about that, but if that's -- if that's what the -- if that's what our process allows for, then -- if that's what the rule is, then that's what the rule is at this point, and that's maybe a discussion for a later time. March 23, 2021 Page 95 MS. MOSCA: For the record, again, Michele Mosca, if I may. I have something on the visualizer for you. So I just want to make sure we have a clear understanding of where these TDR credits are coming from. So I did a rough calculation based on the on-site sending lands. So you can look at the calculations, and so they're achieving roughly 562.77 on site, and they're doubling that. Just so we're clear, that would give them 1,225 plus-or-minus credits. And then for the offsite sending lands, they will have to go out and purchase that 1,137 TDR credits, and they're getting an additional bonus for that. Just so we're clear. CHAIRMAN TAYLOR: The bonus is for what? MR. MULHERE: They exist today. MS. MOSCA: The bonus that exists today, as Bob's telling me in the background, is to get to the base density which in the existing rural village provisions is 2. Their base density is 1.5, and their max is 2. So there's a little bit of a difference there, but it is a rural village bonus. COMMISSIONER SOLIS: And that's allowed under the rules? MS. MOSCA: Not what -- not what the applicant is proposing, because we have a little different of a provision in the existing and what's proposed in the restudy amendments. Again, it's all about the density. So after 2, and Bob's saying after 1.5, they get the rural village bonus. Again, this is a Growth Management Plan amendment, so they're asking for a different density, and they're asking for a different maximum acreage for this rural village. So their base would be 1.5. Under the existing provisions it's 2. CHAIRMAN TAYLOR: So they've reduced the requirements by .5 TDR? MS. MOSCA: For the minimum density, yes, and then asked for the rural village bonus, which they can do, it's okay, because it's a March 23, 2021 Page 96 Growth Management Plan amendment. But it's not consistent with the existing provisions and the future provisions. But, again, that's okay because it's a Growth Management Plan amendment. But I just want to make sure it's clear how they're deriving those bonus credits. Maybe I didn't make it clear. CHAIRMAN TAYLOR: So, if I may, just to dovetail onto what you were speaking about, Commissioner Solis, I think the issue is -- for Mr. Cornell is that could they get their -- these additional purchased TDRs or would-be-purchased TDRs from another source, like the environment, to enhance the environment even more? MS. MOSCA: Sure, they could. The 1,137, yes, because they're asking for that additional bonus of 1,137 additional credits. CHAIRMAN TAYLOR: And so how would -- how would you get it from the environment? To do what? Is it minimal? I know there's this gradation, correct? It's the RLSA. There's this level, so many TDRs; this level, so many -- is it uniform within the -- MS. MOSCA: It's uniform. All the credits -- one credit equals one unit. So it could be for restoration; it could be for conveyance; it could be for their base unit. CHAIRMAN TAYLOR: But is there any level of restoration, any description of what that restoration includes? MS. MOSCA: It does not. CHAIRMAN TAYLOR: Oh. MR. YOVANOVICH: You have to restore the land. You have to remove exotics. You have to -- MS. MOSCA: You know what, he's right. I apologize. So there is the provision for the restoration maintenance plan in the restoration and maintenance bonus credit. I didn't realize that's what you were referring to. I thought you were referring to the RLSA and the different levels. So you have to make sure that you remove the exotics from the March 23, 2021 Page 97 property, and then it has to be functioning at the restoration maintenance plan levels identified in the plan. And then it requires a bond for all of that, and after that the bond can be released or the property can be conveyed to a state agency or another accepting agency from the Board. It's not similar -- or it's not just like the RLSA in those standards. CHAIRMAN TAYLOR: Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I just wanted to -- and I want to clarify that. It's important that we -- even though these properties are in close proximity, that we stay over on the Rural Fringe Mixed-Use District and its rules and not come over with what's comparison -- CHAIRMAN TAYLOR: That's right. COMMISSIONER McDANIEL: -- to the RLSA, because then we start talking about credits and TDRs, and there's a certain amount of development rights that come with a credit and not a TDR, and they're just different all the way across the board. I wanted to discuss -- back around, if I could, to Bob or Michele. Actually, it's more to Bob, and that's the concern -- or the expression of issue with the reduction in the littoral -- in the littoral planting areas from the 30 percent requisite to the 15 percent requisite and if you had calculated what that actually translates to from an acreage standpoint. MR. MULHERE: Commissioner, we haven't calculated it, but there's going to be a significant total perimeter of lakes. There's probably another 30 lakes on the pending PUD master plan, maybe 20 or 30 lakes, all of that perimeter. And I don't think that was ever intended to apply to these larger mining lakes. It says to development lakes. Well, you know, these will function as a pass-through of water, but they're not really development lakes. March 23, 2021 Page 98 So your LDC, when it requires littoral plantings, it says it should apply to development lakes. But I wanted to make it clear, because it would be a very, very high number. As it is, it's hard for us to meet all of the demands that are placed upon us in the village, this village, when we could just go under by right and develop 2 - or 3,000 units out there with none of the benefits, none of the public roadway, of the county barn, of the fire station, which I forgot to mention. So we're working through a balance here. COMMISSIONER McDANIEL: Well -- and that's the question. And I, of course, understand the balance and the benefits that come with the adherence to the Rural Fringe Mixed-Use District and also your original statement you're the first one -- you're the first one out the barn door doing a rural village, per se. MR. MULHERE: Yeah. And of a significant size, too. COMMISSIONER McDANIEL: And I have -- and I have to say that, you know, I have heard throughout my independent career that, you know, the Rural Fringe Mixed-Use District with regard to these villages and towns has some very onerous criterion that's yet to be reviewed by this board in the GMP amendments. I mean, we actually did an interim one to address the -- MR. MULHERE: Twenty-five thousand. COMMISSIONER McDANIEL: Yeah, exactly. And the early bonus TDR that was never addressed either. So I guess my question is, is if we were to transmit this as today, would that automatically allow for -- because I really think in my -- from what I've seen with the preliminary site plans, when you come back in with the littoral plantings that are existent per the existing mining operation and add back in the littoral plantings that are requisite within the development areas, you're going to come really close to that 30 percent in total for what it is that you're doing. And my hesitation is by reducing it from 30 to 15 percent, how large of a March 23, 2021 Page 99 reduction, actually, is that, other than, obviously, 50 percent of the littorals? MR. YOVANOVICH: Commissioner, we don't know that number right now, but we can know that number as we get a little further along. The risk you have is if you don't transmit today at the 30 percent number and let's just say you leave it alone at the 15 percent number and you determine, you know what, we really should have agreed to the 30 percent number when you get the data you need, I've got to start the process over again for transmittal because you can't -- you can't -- you can't change a standard that was transmitted. So what we would request -- we want to get you that number. We would request, since it is transmittal, that you transmit as your staff's recommending, as the Planning Commission recommended, and we'll have that number for you at the adoption. And at that point you could say, well, maybe the number should be 25 percent, or 30 percent's the right number. But we would ask if you could go ahead and transmit that so we can get you that data. COMMISSIONER McDANIEL: Let me parrot back what you just said to me. If we approve this at your requested 15 percent reduction per the stipulated 30 percent and we find that that 15 percent's not happy, we can adjust that prior to -- MR. YOVANOVICH: You can. CHAIRMAN TAYLOR: You can upwards. MR. YOVANOVICH: Yes. You can't go -- but if you go the other way and leave it at the 30, you can't go down. COMMISSIONER McDANIEL: Gotcha. MR. YOVANOVICH: Does that make sense? COMMISSIONER McDANIEL: Yes. Well, thank you. That was a nice clarification and addresses -- I think addresses the concerns that Brad expressed, so... March 23, 2021 Page 100 MR. MULHERE: Madam Chair, may I just take one minute? I wanted to respond maybe more clearly to County Commissioner Solis' question, because I don't think it was -- either my response wasn't clear or Michele's wasn't or maybe both of us were not clear. The village bonus unit of one per TDR credit exists in the plan today. We haven't asked for any more than what exists today. We have not asked for any more TDRs or any greater number than what the county currently allows with the exception of that restoration bonus, which is capped at 100. COMMISSIONER SOLIS: Okay. MR. MULHERE: Michele's correct, we have reduced the base density from 2 to 1.5. So under the current standards of a minimum of 2 and a maximum of 3, you know, you could have created a need for more TDRs than what we need under our proposal, which is 1.5 and 2. However, as I mentioned earlier, if you took a 1,500-acre village and you met the minimum, you would have 3,000 units. If you met the maximum, you'd have 4,500 units, and we're at a cap of 4,000, which is pretty darn close. If we left our village at 1,500 and then went and developed the remaining 500 acres under the current cap of one unit per acre, we would develop another 500 units outside of the village. It just didn't make any sense to us. So I hope that's a little bit more clear. COMMISSIONER SOLIS: Yep. CHAIRMAN TAYLOR: Okay. County Attorney, I have a question. At this point with the transmittal, do we need to specify wildlife crossings, the specific type of restoration that we, as a board, would support in terms of defining it as wet prairies? How specific do we need to get here at this point? MR. KLATZKOW: You don't need to do that yet. CHAIRMAN TAYLOR: Okay, okay. COMMISSIONER McDANIEL: I didn't hear what you said. March 23, 2021 Page 101 CHAIRMAN TAYLOR: We don't need to get -- COMMISSIONER McDANIEL: Can you repeat -- COMMISSIONER SOLIS: He said, "You don't need to do that yet." COMMISSIONER McDANIEL: Okay. That's what I thought I heard, but I wasn't clear. CHAIRMAN TAYLOR: I think he's looking something up. Okay. Are we -- are you looking something up, sir, or are you just -- MR. KLATZKOW: No, we're fine. CHAIRMAN TAYLOR: Okay, good. All right. All right. I think we're -- no questions. Any closings? (No response.) CHAIRMAN TAYLOR: Okay. Do I hear a motion? Commissioner McDaniel. COMMISSIONER McDANIEL: I make a motion for -- approve as recommended by the Planning Commission and our staff. COMMISSIONER SOLIS: I'll second that motion. CHAIRMAN TAYLOR: Okay. There's a motion on the floor and a second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. MULHERE: Thank you. We'll be back in the fall. March 23, 2021 Page 102 CHAIRMAN TAYLOR: Thank you. So it's 12:15. It's time for lunch. We'll meet back here at 1:15. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: Will that give you enough time? Do you need another 10 or 15 minutes? CHAIRMAN TAYLOR: What do you think? Maybe -- all right. I'll follow -- I was trying to be cognizant of the time. Let's meet back here at 1:30. How's that? Okay. Thank you. (A luncheon recess was had from 12:16 p.m. to 1:30 p.m.) MR. OCHS: Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Thank you very much. I think we are ready to -- I think we had a successful lunch where we were able to discuss the -- a contract with Mr. Isackson, and Mr. Ochs was part of our discussion, and thank you very much, sir, for coming up. MR. KLATZKOW: And we'll put the bullet points up for the Board. The proposed agreement, subject to your approval of course, will be that the agreement is effective as of today. Since you can't have two county managers acting at the same time, the statut ory duties will be assumed by Mark as of May 3rd. Leo will remain in his current position until his current separation date, which I believe is May 31st, Leo? MR. OCHS: Correct. MR. KLATZKOW: Okay. So following May 3rd, Leo will remain as county manager, but all the duties and obligations under the ordinance and under the statute will vest in Mark. To get to Commissioner Solis' concern that this is a short time thing, it will be the same provision that both Leo and I have. Predominantly, it's a two-year deal with an option of two-year renewals so they can continue in the normal course of business. Mark asked for a flat salary of $230,000. In exchange for that, we've March 23, 2021 Page 103 eliminated the cost-of-living adjustments. The bonus in the contract and the car allowance is eliminated. I think you'll find that with that elimination, that the compensation is substantially identical to your current compensation. And now it's up to you. CHAIRMAN TAYLOR: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Just real quickly, the two -- the renewals, those are two two-year renewals? MR. KLATZKOW: They operate the same as it's always operated. So the contract will run through May 3rd, 2024. As of the current contract, the year before Mark will come before you and talk about another two-year term, and it will continue to be extended with Board approval and, obviously, Mark's approval. COMMISSIONER SAUNDERS: So if there's a decision not to -- for the Board -- on the Board's part, for example, not to go beyond the three years, that's totally at the option of both parties; is that -- MR. KLATZKOW: It is the option of the Board. MR. OCHS: The Board. MR. KLATZKOW: Option of the Board. It's a voluntary renewal. Both parties have to agree to it. COMMISSIONER SAUNDERS: Right, okay. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Is that me? CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Okay. I -- the transition from May 3rd through the balance of Leo's agreement, how are we going to manage that? Because you said -- in one point I heard you say you can't have two county managers, but he's -- the transition -- I mean, we'll be working through the transition until May 3rd, but he's March 23, 2021 Page 104 not formally leaving until -- or do you have enough time to -- MR. OCHS: No. My termination date is May 31st. COMMISSIONER McDANIEL: May 31st. So what do we do between May 3rd and May 31st? MR. KLATZKOW: Leo will be mentoring Mark during that period. COMMISSIONER McDANIEL: Leo will what? MR. KLATZKOW: Leo will be there for -- as a mentor to Mark or to bring Mark up to speed or to be available to Mark, but Mark will assume all of the duties of the county manager as of that date. COMMISSIONER McDANIEL: Mark will assume the duties as of May 3rd and -- MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: -- the transition will -- MR. KLATZKOW: Yes. This way you have a month transition where Leo can get Mark up to speed. COMMISSIONER McDANIEL: Okay. COMMISSIONER LoCASTRO: But we'll obviously have an overlap in County Commissioner pay, right, from the 3rd to the 31st -- or county manager pay, right? MR. KLATZKOW: Yes. COMMISSIONER LoCASTRO: Yeah. Okay. CHAIRMAN TAYLOR: All right. COMMISSIONER SAUNDERS: Just to clarify a little bit here, because Commissioner LoCastro raised an issue. The overlap -- from just reading the three bullet points, the agreement is effective as of today. MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: So I'm assuming that means that the new salary starts today. March 23, 2021 Page 105 MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: Okay. So the overlap actually will be from today forward, which is fine. I just wanted to clarify that. MR. KLATZKOW: The overlap -- COMMISSIONER SAUNDERS: -- misunderstanding there. MR. KLATZKOW: The overlap in compensation will begin today, and Mark will assume the obligations of the county manager as of May 3rd. COMMISSIONER SAUNDERS: All right. MR. KLATZKOW: So after that date, Leo's off the hook for all bad decisions. COMMISSIONER SAUNDERS: Madam Chair, if there 's no other discussion, I'll make a motion to approve the arrangement. I'm understanding that Mr. Isackson is in agreement with that. He's got his thumb up, for the record. So I'll make the motion to approve the staff -- COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Okay. The motion -- a motion on the floor and a second to accept the contract details as presented by County Manager [sic] Klatzkow. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) March 23, 2021 Page 106 CHAIRMAN TAYLOR: It's done. Thank you. COMMISSIONER SAUNDERS: Congratulations, everybody. CHAIRMAN TAYLOR: Congratulations. MR. KLATZKOW: And I'll have the contract for the Chairman's signature when the Board meeting's done. MR. OCHS: All set? CHAIRMAN TAYLOR: All set. Item #10B REQUEST BY COMMISSIONER MCDANIEL TO RECONSIDER COMPANION ITEMS #9A AND #16A1 FROM THE MARCH 9, 2021 BCC MEETING. ITEM #9A: RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CREATE THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) AND ELIMINATE THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY (GGPPOCO) AND THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), AND ESTABLISH USES, BOUNDARIES AND DESIGN STANDARDS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS; CHAPTER TWO - ZONING DISTRICTS AND USES; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT March 23, 2021 Page 107 STANDARDS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS; AND CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. ITEM #16A1: RECOMMENDATION TO APPROVE A RESOLUTION AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013- 57, BY AMENDING CHAPTER SIX, WAIVERS, EXEMPTIONS AND REDUCTIONS, MORE SPECIFICALLY TO ADD SECTION M, DEVIATION REQUESTS FOR PROJECTS IN THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (DR- GGPOD); AND PROVIDING AN EFFECTIVE DATE - COMMISSIONER MCDANIEL WANTS THE RECORD TO REFLECT THAT HE WISHES TO CHANGE HIS VOTE TO “NO” FOR AGENDA ITEM #9A FROM THE MARCH 9, 2021 BCC MEETING – CONSENSUS MR. OCHS: Commissioners, we move on to Item 10B. This is a request by Commissioner McDaniel to reconsider two companion items from your March 9th Board of County Commissioners meeting; those being Items 9A and 16A. This was the Land Development Code amendment that created the Golden Gate Parkway Overlay District and also a companion, Item 16A1, which provided some deviation provisions in your Land Development Code related to the overlay district. Commissioner. COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Go ahead. COMMISSIONER McDANIEL: I have no interest in carrying March 23, 2021 Page 108 this back through the process and having another hearing. I would like for the record to reflect that I'd like to rescind my yea vote and change it to a nay. That's all I really want to do with this. The process -- the only way I can necessarily do that is to send notice to the County Manager and ask for a reconsideration of the item to rehear it and change my vote. I misunderstood some of the appropriations that were included in the overlay. I know the aggregate good of the overlay, the benefits that potentially could come from that, but I've -- I would like to rescind my yea and change it to a nay. And if that's allowable by this board, I think this board can bequeat h that, correct? MR. KLATZKOW: Unless the Board has objection. CHAIRMAN TAYLOR: I'm sorry? MR. KLATZKOW: Unless the Board objects. Just for the record, Commissioner McDaniel is asking that his yea vote be a nay vote. COMMISSIONER SAUNDERS: Well, before we indicate that, if more than one commissioner then says I want to change my vote, you don't -- then you don't even need the reconsideration at that point, just -- I'm not sure exactly how this all works. I don't care if the vote's changed as long as it doesn't change the decision that we made. MR. KLATZKOW: The only way to change the decision is if I had a majority of this board want to bring it back. Failing that, it remains as it is. COMMISSIONER SAUNDERS: All right. COMMISSIONER McDANIEL: And unless there are more people that feel like me, then this is not going to have an impact on the decision and the work that was done. It was just -- it was a misunderstanding on my behalf. COMMISSIONER LoCASTRO: I mean, do you want to March 23, 2021 Page 109 elaborate a little bit more about -- because we might have missed something, then, too. I mean, do you want to educate us a little bit more on what came to light that we might have missed? COMMISSIONER McDANIEL: I can, if you wish, just briefly. I understood there to be more of a conditional-use process with this overlay than by right. And I have -- I had understood there to be more of a derivative of the conditional-use process with public notice with these use changes than what is actually within the overlay. And so it's caused me concerns. Again, the benefit far -- I think far outweigh those potential concerns. But I gave my word that that was the way that it was going to be, and I misunderstood it, and I can't back up on my word. So with that, I'd like to -- if the Board will acquiesce to changing my vote, then we don't have to go through that process of reconsideration. CHAIRMAN TAYLOR: Do -- County Attorney, do we need to have a motion? MR. KLATZKOW: No. CHAIRMAN TAYLOR: No. MR. KLATZKOW: As long as the Board acquiesces, just head nods are fine. CHAIRMAN TAYLOR: Is there a consensus to allow Commissioner McDaniel -- to agree to Mr. -- Commissioner McDaniel changing his vote on an ordinance amending Ordinance No. 04-41? Is there a consensus? COMMISSIONER LoCASTRO: Yes. COMMISSIONER SOLIS: Yeah. I mean, I have no objection. I'm just -- CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: Carry on. March 23, 2021 Page 110 COMMISSIONER SOLIS: So I'm curious about the process for the future. So one can change a vote -- COMMISSIONER McDANIEL: Can I -- COMMISSIONER SOLIS: -- on a motion for rehearing? We can do that without having -- MR. KLATZKOW: All we are doing is Commissioner McDaniel is noting for the record that -- COMMISSIONER McDANIEL: That was what I said, for the record. MR. KLATZKOW: All he's doing is noting for the record that if he knew then what he knows now, he would have voted no. COMMISSIONER SOLIS: Oh. MR. KLATZKOW: That's essentially what he's doing. COMMISSIONER SOLIS: You could have done that on commissioner comments or something, too, right? I mean, we could have done it that way. I'm trying to figure out the effect of it. I'm not -- I'm not trying to talk you out of it or anything or not let you do it. I'm just trying to figure out -- MR. KLATZKOW: There's no effect. The ordinance remains valid and binding. COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: Just, again, for future reference, will the official record reflect that this ordinance was approved on a 5-0 vote? MR. KLATZKOW: Yes, and then there will be a notation in this meeting that Commissioner McDaniel -- COMMISSIONER SAUNDERS: Okay. So it doesn't really change -- MR. KLATZKOW: It doesn't change. COMMISSIONER SAUNDERS: -- other than he's keeping his word to the people that he made that commitment to? March 23, 2021 Page 111 MR. KLATZKOW: Yes, sir. COMMISSIONER McDANIEL: That's it. COMMISSIONER SAUNDERS: And that will be the way it will operate in the future if -- I just want to make sure we're not starting to change votes anytime we want. MR. KLATZKOW: No. The only way you can really change a vote is if you bring it back on a reconsideration. COMMISSIONER McDANIEL: And I didn't want to do that. The only way I understand the process to -- I didn't know I could do it under commissioner comment -- MR. KLATZKOW: Well, there really is no process to do this, but I know that you wanted it for the record because you made a promise to somebody to do this, so... COMMISSIONER McDANIEL: Correct. COMMISSIONER SOLIS: Okay. COMMISSIONER McDANIEL: That's all. Thank you. COMMISSIONER SOLIS: Understood. CHAIRMAN TAYLOR: All right. MR. OCHS: Next? CHAIRMAN TAYLOR: Yes, please. Item #10C CONDUCTING A PUBLIC WORKSHOP ON THE PROPOSED EXPANSION OF THE BIG CYPRESS BASIN IN CONJUNCTION WITH IMPACTED COUNTY AND MUNICIPAL LEADERS AND REPRESENTATIVES OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BIG CYPRESS BASIN - SETTING A WORKSHOP DATE FOR APRIL – APPROVED MR. OCHS: Okay. Item 10C is a recommendation to conduct March 23, 2021 Page 112 a public workshop on the proposed expansion of the Big Cypress Basin in conjunction with impacted county municipal leaders and representatives of the South Florida Water Management District and the Big Cypress Basin Board. Commissioner McDaniel brought this forward. COMMISSIONER McDANIEL: Caught me in mid sip of a cup of coffee. I wanted to make this suggestion, because there's a lot of discussion of the potential of the expansion of the boundary, pros and cons. People have expressed concerns about -- we, as a board, have expressed concerns about the administration, the membership on the Board, the financing, the governance, and so on and so forth. I reached out to both of the senators who represent this area, spoke with them. They both thought that this was a fine way to do -- to move this agenda -- to move this item forward to allow the public to give some input as to how they felt. And so that was the -- that was the proposition. I'm suggesting sometime before the end of session, mid-April to latter April, we have a workshop format, invite some of the officials from Lee County, some of the officials from -- well, from the District, of course, and from the jurisdiction of the proposed new boundary to a workshop and then -- and publicly vet some of these concerns that folks have raised. And the rationale is, I have a sneaking suspicion that this is going to be a continuing effort, and the sooner we grab onto the public component and understand fully the benefits associated with the expansion of the District, the better opportunity we have of serving the community, our community, as well. So I'd like to make a motion that we do, do that. CHAIRMAN TAYLOR: There's a motion on the floor. Is there a second? March 23, 2021 Page 113 COMMISSIONER LoCASTRO: Second. I think it's a great idea. CHAIRMAN TAYLOR: Any discussion? MR. OCHS: I'm sorry. Did you give a date range, sir, when you wanted to do that? COMMISSIONER McDANIEL: Mid to late -- before the end of session, mid to late -- mid to late April, three weeks out'ish, maximum -- or minimum. COMMISSIONER SOLIS: Just for a point of order, I'm not available the week of the 12th. COMMISSIONER McDANIEL: Well, that's the week I want to do it for sure, then. COMMISSIONER SOLIS: So, you know, if we do this, it would have to be -- because I would like to attend, obviously. COMMISSIONER McDANIEL: I was -- COMMISSIONER SOLIS: -- the week of the 19th or the 26th. COMMISSIONER McDANIEL: The 26th -- the week of the 26th works well. It's still before the end of session. We still have an opportunity to -- and, again, I'm not -- I'm okay even on the week of the 19th as well, but that's our board meeting week, and we usually have a little bit of lag in time after our board meetings. There's a week or so there before people start coming at us to talk to us about the next board meeting. So either one of those weeks is fine, in that range. No specific location. I was thinking North Collier rec center was a nice place to actually do it. There's a large group area there. We've got all the media, and people can -- we can do a hybrid meeting to allow people to Zoom in and speak publicly, and it's certainly got enough parking and facilities to handle that. CHAIRMAN TAYLOR: I was thinking it would probably be by Zoom. COMMISSIONER McDANIEL: I'm thinking -- well, you can March 23, 2021 Page 114 attend by Zoom if you wish, but I was -- CHAIRMAN TAYLOR: No. I would think that Lee County would want to do that, you know, that the officials would be by Zoom. But we'll see. We'll see what -- I think we should give them the option. We can do that, correct? COMMISSIONER McDANIEL: Well, that was what I suggested with a hybrid. CHAIRMAN TAYLOR: We can do everything, right? It could be -- MR. MILLER: Yeah. If you want to have people join with video, we would just make them panelists instead of public commenters. They'd have more ability to share their video and audio. CHAIRMAN TAYLOR: Good. COMMISSIONER SAUNDERS: We would still have to have three commissioners in the room for a quorum under our rules. CHAIRMAN TAYLOR: Correct. Okay. There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Commissioners, we move to Item 11, County Manager's report. Items 11A, 11B, and 11C are all companion items related to our water/sewer and stormwater improvement program that's ongoing in Naples Park. Item A -- March 23, 2021 Page 115 Item #10D LEGISLATIVE PRIORITIES BY JOHN MULLINS - UPDATE GIVEN CHAIRMAN TAYLOR: Oh, excuse me. I'm sorry, County Manager. I made a grave mistake. Mr. Mullins is here in the room, and I wanted him to give us an update of where the -- where the bill is and what's going on in Tallahassee, so... MR. OCHS: Certainly. CHAIRMAN TAYLOR: I do apologize. Mr. Chmelik, don't take it personally. MR. MULLINS: Thank you, Commissioners. Again, for the record, John Mullins, Government Affairs Manager. I can tell you in summary that the amendments that you put forward via the resolution at your second meeting in February have not been incorporated into either the House or Senate Bill. Now, on the Senate side there's good reason. The bill has not moved since your second meeting in February. So it is currently pending the appropriations subcommittee on agriculture, environmental, and general government, of which Senator Rodriguez is the Vice Chair. And they're meeting, I think, on the 24th. It's not on the agenda for this week. The appropriations subcommittee will not meet again until, at the earliest, next week and at the moment the time blocks have not been set for that subcommittee to meet as of yet. House Bill 209 yesterday came out of the Ways and Means Committee on the House side. And if you blink, you missed it. It was taken up. Very little discussion. No debate. No questions. And came out 16-1. And it still has one more committee to go on the House side, the State Affairs Committee. The earliest that that March 23, 2021 Page 116 could occur would be Monday, March 29th, which is their next scheduled meeting. And that is your current status. CHAIRMAN TAYLOR: So, Commissioner Saunders, how does that work? If we ask for amendments and they're not in the House bill and it's passed through the House, how does that work? COMMISSIONER SAUNDERS: Well, the -- once the bill passes in the House, they send it over to the Senate. The Senate has a couple choices there. They can take up the House bill, amend it to the way they want it, and send it back to the House, and the House can consider those amendments. And that's generally what would happen. So the amendments that we have sent in could be added when the bill gets over to the Senate, and also they could be added on the floor of the House when it gets into the House chambers. So there's plenty of opportunity for the amendments to take place. CHAIRMAN TAYLOR: Okay. All right. Thank you, County Manager. MR. OCHS: Thank you. Thank you, John. Item #11A AWARD INVITATION TO BID (“ITB”) NO. 21-7823, “108TH AND 109TH AVENUES PUBLIC UTILITIES RENEWAL" (PROJECT NUMBERS 60139 AND 70120), TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $12,337,900, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – APPROVED MR. OCHS: Commissioners, Item 11A is a recommendation to March 23, 2021 Page 117 award a construction contract to Douglas N. Higgins, Incorporated, in the amount of $12,337,900 for the construction of water/sewer and stormwater improvements to 108th and 109th Avenues as part of our Public Utilities renewal program; authorize the Chairman to sign the attached agreements; and authorize necessary budget amendments. As I mentioned, these are companions to your next two items, 11B and 11C. Mr. Chmelik is available to give a presentation or respond to questions from the Board. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Just a quick question, just for the folks in Naples Park. We have to live through it, you know, third-world kind of conditions in there. When is it expected to start? MR. CHMELIK: Commissioners, it will be expected to start in the next couple of months. As far as the duration, fifteen months starting in April. COMMISSIONER SOLIS: Fifteen months. But you're going to work on 108th and 109th at the same time? MR. CHMELIK: Yes. We're doing both concurrently. Tom Chmelik, for the record, by the way. CHAIRMAN TAYLOR: Commissioner Solis -- when Commissioner Solis won the election, I remember staff saying, poor Commissioner Solis. He's a new commissioner, and he's walking into what's happening in Naples Park and all the upset that goes on with replacing -- it's so important, the job -- but to replace all that, as you say, it's a third world. COMMISSIONER SOLIS: It's really hard on everybody in there. And I think staff has done a great job, by the way, working with everybody in there to try to minimize the disruption from this thing, but there's just no easy way to dig up sewer lines and waterlines that are in the middle of the road for that big an area. I mean, it's -- so, anyway, I just wanted to get some clarification on March 23, 2021 Page 118 when you thought it would start. So other than, you know, for those people in Naples Park listening, I'm sorry, but there's really no option, and we'll try to make sure that it's as efficient as we can, which I think the staff has done a really good job at doing and refining that whole process. So unless anybody has any other questions, I'd -- go ahead. MR. CHMELIK: Well, Commissioner, we thank you for your support through all these projects, and I just would like to add that since we started doing them, we've applied the lessons learned -- COMMISSIONER SOLIS: Right. MR. CHMELIK: -- that we've had going through, and instead of ripping up the entire street from end to end for four blocks and doing the construction, as we did on 107 and 110, the last two streets we did, 95th and 96th, we did all the water main at once, which was least impactful to the community, and then we went and did the sewer and stormwater one block at a time, and after we finished that block, we did full restoration with one layer of asphalt. So at least that one-quarter of the neighborhood could get back to life more or less as normal. We continued that throughout for four blocks and have found that that's the least disruptive way, and it really didn't impact pricing when we compared it to the previous contracts that were awarded. COMMISSIONER SOLIS: Oh, well, that's good. I mean, that really made a difference, I think, in how -- how impactful it was on everybody's day-to-day, because the first go-round was brutal, and it was really -- it was really hard on everybody. But I think that the folks in Naples Park have come to understand that it's all for the better and, unfortunately, there's other neighborhoods in District 2 that we'll have to start this on, too, right? MR. CHMELIK: With your support. Thank you, Commissioner. March 23, 2021 Page 119 CHAIRMAN TAYLOR: Well said. So is that a motion, sir, or -- COMMISSIONER SOLIS: Yes. CHAIRMAN TAYLOR: -- do you want someone else to make that motion? COMMISSIONER SOLIS: No, I'll make the motion to approve. CHAIRMAN TAYLOR: Okay. Commissioner LoCastro -- we've got a motion on the floor. COMMISSIONER LoCASTRO: Well, I just wanted to add something. CHAIRMAN TAYLOR: Are you going to second that motion or -- COMMISSIONER LoCASTRO: I'll second it, but I wanted to make just a quick comment. I don't know if this is any consolation but, you know, just a reminder, we had a wastewater pipe, you know, break in District 1, 41-year-old pipe. You know, if you don't do this kind of stuff, then you get what happened this past weekend. And it was only through the, you know, immediate action of the county and Dr. George and his team and Amy Patterson and a whole bunch of people that did great work. But I'm sure what we're going to dig up here would fail sooner than later, and it would be -- it's a little bigger of an inconvenience when you have, you know, wastewater and other things all over the street and whatnot. But, you know, I feel your pain, but, you know, this is -- this is a worthwhile investment. I, obviously -- I second the motion. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Just a -- and it's just a -- what he said. I mean, these are much-needed subsurface infrastructure, not pretty, not sexy, long -term improvements for our March 23, 2021 Page 120 community, and we've got to do it, so... COMMISSIONER SOLIS: Clay pipes. COMMISSIONER McDANIEL: That's the replacement of necessary infrastructures; clay pipes. CHAIRMAN TAYLOR: All right. So there's a motion on the floor and a second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. CHMELIK: Thank you, Commissioners. Item #11B A WORK ORDER TO Q. GRADY MINOR & ASSOCIATES, P.A., UNDER AGREEMENT NUMBER 15-6450, FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PUBLIC UTILITY RENEWAL PROJECT FOR 108TH AND 109TH AVENUES (PROJECT NUMBERS 60139 AND 70120) IN THE AMOUNT OF $324,208 – APPROVED MR. OCHS: Commissioners, Item 11B is a recommendation to award a contract to Q. Grady Minor & Associates for construction administration services for that same Public Utilities renewal project in the amount of $324,208. And, again, we're available to res pond to March 23, 2021 Page 121 questions or present. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Well, I mean, I think we all had some -- we all have pre-meetings before this meeting and, you know, I put a big red circle around this one and got some answers from our Clerk of Courts and some others. Just trying to see if we -- you know, if we're doing a deep enough dive on how we're spending our money. I had just made some notes and said it just seems like there's some redundancies. You know, we have well-paid senior project managers and, you know, I've got a spreadsheet here of what the $324,000 buys you, and the spreadsheet's kind of generic. I'm not saying that -- you know, I know this is a motion to just pay the bill, but maybe if we can elaborate a little bit more on there isn't overlap between, you know, what Grady Minor's being paid, what the project manager's being paid, what Stantec's being paid. It just seems like there's, you know, a lot of redundancy, and maybe there needs to be. So I just wanted a little bit more fidelity. And, you know, you've got a lot of money being thrown around here. So I'd appreciate if you could elaborate a little bit more on who does what, why we pay this high of a bill. MR. CHMELIK: Yes, certainly, Commissione rs. Well, if I could start in this project, the design -- just design only was separate when it started. The design was done, and then the construction was bid out, then we applied construction administration services to that construction contract at the amount that it was awarded and the percentages it was awarded. So, typically, we would combine design and construction administration together. And if you look at the numbers and add those together, the construction administration, the Grady Minor piece, is 2.6 percent of construction cost, and then if you look at the March 23, 2021 Page 122 design that wasn't included in the executive summary, but that was almost $400,000. So that's 3.2 percent of construction cost. We add the 3.2 percent and the 2.6 percent for design construction administration; that's 5.8 percent of constructed costs. Now, the rule of thumb is if your design is 10 percent of construction cost, that's normal. So we're less than that at 5.8 percent. And then at the CEI component, that also has a 10 percent rule of thumb, and our CEI costs are 9 percent of construction costs, so that falls within the realm. Now, as far as the different tasks that were represented, there are actually -- in the contract, the Stantec CEI contract, there's 16 or 17 tasks necessary in that contract. But in the proposal, if you compare the proposal to the contract, we only use seven tasks in that contract. The contract had a lot of different types of tasks that we have applied to much more complex projects. They weren't needed here. So when you pare down those seven tasks, there is no duplication compared to the construction administration side. COMMISSIONER LoCASTRO: Did we pay Stantec less because they said they were going to do 16 tasks but we only needed to do seven, or am I misunderstanding what you're saying? MR. CHMELIK: No, no. It's just the tasks that we were required. COMMISSIONER LoCASTRO: Okay. I guess where I just see the overlap is less with Stantec but more between Grady Minor and the in-house project manager. And I understand what you're saying, that, hey, when you look at the algorithm, it's under the norm, but that doesn't necessarily mean that it's the best use of taxpayer dollars. I mean, that's just, you know, maybe one data point and one benchmark that we're not well over what is the norm. But just because we're under, you know, I wouldn't say that we just write them a blank check. And I'm not saying we are. March 23, 2021 Page 123 But I just wanted to see if you saw any overlap the way I did in what Grady Minor does and what I thought a project manager did. It was less with Stantec and more between those two. And I know the numbers -- I know we're not talking about a billion dollars or anything, but it's taxpayer dollars. So even if it's 5 percent of the overall project, if it's 5 percent that's wasted, I mean, I wouldn't trip over that and leave it on the ground. So can you make a comparison between what Grady Minor does and the project manager, and is it a good use of our -- is there -- do you see overlap there? MR. CHMELIK: I don't see overlap, and it is a good use. It's needed for the quality control of the project. Our project manager here has nine projects that are going on right now, and by being able to use these services, one project manager can be leveraged to keep moving those projects, keep track of them, and work with the communities and make sure they get done. So, you know, we could approach it differently, but we're not going to get as much work done. And we welcome any commissioner, the Clerk, anybody to come out with us, see what a project manager does in the field. COMMISSIONER LoCASTRO: I guess alls I would say is the generic comment, and I appreciate your reply. That's what I was looking for is -- me personally, you know, for my own edification, I care a little bit less about the algorithm and more about, like, what are they actually doing, you know. It might be 2 percent of the overall project, but if it's something that's redundant or not needed, that's 2 percent we could have put somewhere else. So I just hope we're looking at exactly what they're doing and not just sort of the flat rate, the percentage of the overall project, and if it's under what, you know, the maximums are, hey, mission accomplished. I still do see some redundancy here, but maybe that's why I will March 23, 2021 Page 124 get with you and would like to do a deeper dive for my own background on how this money is being invested, you know, the taxpayer dollars are being invested here. MR. CHMELIK: We'll be happy to map that out for. COMMISSIONER LoCASTRO: Okay. Thank you. COMMISSIONER SOLIS: Madam Chair? CHAIRMAN TAYLOR: Any other discussions? Oh, Commission Solis. COMMISSIONER SOLIS: Yeah. I was just going to say part of what appears to be overlap is that we have split up two of the functions, right, and we have two different parties providing different services which, actually, in a way, protects the county because we've got different pairs of eyes looking at different things and not the same entity that did the design necessaril y overseeing the contract -- the construction, right? MR. CHMELIK: That's exactly correct. We, actually, 10 or more years ago we used to do that where the design engineer did the certification and the inspection, and then that was broken up to have a separate CEI overseeing the work of the contractor and the designer. COMMISSIONER SOLIS: As a recovering construction litigator, that's a lot of times a good thing, especially when it's taxpayer dollars. So that's all I have. Thanks. COMMISSIONER LoCASTRO: When we broke it up like that, though, then did -- I would expect we saved dollars where we took that responsibility away from the design engineer or whatever the example was that he gave, correct? I mean, like, you know, when you said we had the same person sort of doing two jobs at the same time but now we don't. Now we pay a third party. So -- but did we save money over here? So we just sort of shell gamed the money around and we got better performance for it or -- MR. CHMELIK: We'd have to look at it, but I -- March 23, 2021 Page 125 (Simultaneous crosstalk.) COMMISSIONER LoCASTRO: I mean, I would hope that we did that. MR. OCHS: I wouldn't characterize it as a shell game. COMMISSIONER LoCASTRO: Well, you know what I'm saying. If you had $10 million between two people and then you brought in a third to do some of the jobs of the two people, you'd still spend $10 million. You know, you wouldn't double pay is my own part so -- MR. OCHS: I understand. COMMISSIONER LoCASTRO: -- just sharing the money, I guess, maybe, or a proper appropriation of the money when a third party comes in. Okay. COMMISSIONER SOLIS: I think that was the analysis between the 3.2 and the 2.6. When you put those together, it was under the 10 that's usually -- so we split the money up, is what I think -- MR. CHMELIK: Well, the 3.2 and 2.6 were all engineering design functions. COMMISSIONER SOLIS: Right. MR. CHMELIK: And then the CEI is in addition to that. So we had 5.8 percent combined for design and 9 percent for the CEI. COMMISSIONER SOLIS: The CEI, okay. CHAIRMAN TAYLOR: All right. Any other discussion? (No response.) CHAIRMAN TAYLOR: All right. Hearing none, do I have a motion? COMMISSIONER SOLIS: Motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: Motion on the floor and a second to approve. All those in favor, say aye. March 23, 2021 Page 126 COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Yes, ma'am. Item #11C A $1,145,540 PURCHASE ORDER TO STANTEC CONSULTING SERVICES, INC., UNDER AGREEMENT NUMBER 14-6345 FOR CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES FOR THE PUBLIC UTILITY RENEWAL PROJECT FOR 108TH AND 109TH AVENUES NORTH, PROJECT NUMBERS 60139 AND 70120 – APPROVED MR. OCHS: 11C is the final companion item here, and this is a recommendation to approve a contract with Stantec Consulting Services for construction engineering and inspection services for the Public Utility renewal project for 108th and 109th Avenues North in the amount of $1,145,540. COMMISSIONER SOLIS: I'll make a motion to approve. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: There's a motion on the floor and a second. No discussion? Commissioner Solis, that was just -- you just -- I got your name up here. March 23, 2021 Page 127 COMMISSIONER SOLIS: No, no. CHAIRMAN TAYLOR: It's disappeared. Okay. No discussion, okay. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Thank you, Tom. MR. CHMELIK: Thank you. Item #11D THE PURCHASE OF PROPERTY, TERRORISM AND EQUIPMENT BREAKDOWN INSURANCE EFFECTIVE APRIL 1, 2021 IN THE ESTIMATED AMOUNT OF $4,612,483 – APPROVED MR. OCHS: Item 11D is a recommendation to approve the purchase of property, terrorism, and equipment breakdown insurance effective April 1st, 2021, in the estimated amount of $4,612,483. Jeff Walker, your risk management director, is here to either present or respond to questions from the Board. This is the annual renewal of your program. COMMISSIONER LoCASTRO: I've got a question. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Sir, just for historical purposes, how has this fee changed over the years? Has it been 4.6 March 23, 2021 Page 128 for, you know, the last five years, or it's -- you know, they've raised this 5 percent every year? I'm just sort of curious if you knew that or -- MR. WALKER: Sure. For the record, Jeff Walker, Risk Management Director. In your executive summary, there is a -- excuse me. Let me get there. There's a slide chart in there that shows the last three years, yes, sir. You can see it in the chart there. I will tell you that the market is heavily affected by storms. And as you know, in 2020 we had a record storm year. We had Hurricane Irma in 2017. And what you're seeing here is really the results of those storms. COMMISSIONER LoCASTRO: I mean, I saw that chart, and then I just thought those were big numbers. And, you know, I figured it was the -- we didn't have any big terrorist attacks or anything, but I figured the storm -- I mean, it was a bigger impact than what I expected. Those are big jumps, so... MR. WALKER: Wind comprises probably about 75 percent of the premium. COMMISSIONER LoCASTRO: I mean, previously to Irma -- and if you don't know this, I mean, I'm not trying to play 20 questions with just. I'm just really more curious. Prior to Irma, were our jumps in premium much less single digits; were they? MR. WALKER: Between Wilma and Irma, it dropped dramatically. COMMISSIONER LoCASTRO: Oh, is that right? Okay. CHAIRMAN TAYLOR: Okay. All right. So seeing no other questions, do I hear a motion? I'll move approval. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. March 23, 2021 Page 129 COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Thank you, Commissioners. CHAIRMAN TAYLOR: Thank you. Item #11E STAFF’S REPORT REGARDING TRUCK TRAFFIC ON LOGAN BOULEVARD EXTENSION BETWEEN IMMOKALEE ROAD AND THE LEE COUNTY LINE - MOTION FOR THE COUNTY ATTORNEY TO BRING BACK OPTIONS/SOLUTIONS FOR ROADWAY ISSUES AT THE APRIL 13TH BCC MEETING – APPROVED MR. OCHS: That moves us to Item 11E. This is a recommendation to accept the staff report regarding truck traffic on Logan Boulevard Extension between Immokalee Road and the Lee County line. Tony Khawaja, your traffic engineer in your Operations division, will make the presentation. MR. KHAWAJA: Good afternoon, Commissioners. My name is Anthony Khawaja, for the record. I'm the Chief Traffic Operations Engineer. I'm here to talk to you today about Logan Boulevard and some of the truck traffic that we've been experiencing. Let me find the mouse for this guy. This image here is from the Traffic Management Center. This is what we've been monitoring on Logan Boulevard to make sure March 23, 2021 Page 130 what the traffic looks like. We started getting complaints in late January, early February about heavy trucks using that roadway, especially dump trucks. We immediately took some action. Actually, like Commissioner McDaniel has suggested, we followed few trucks to see where they're coming from and where they are going. A lot of the trucks were going to the county complex on Heritage Bay on Collier Boulevard; they were going to Naples Classical Academy, the new school being built on Immokalee Road; and Valencia Trails; and to some other locations. But during that period, WINK News picked up the event, and they put that on the news and covered it very well. We worked with Collier County Sheriff about speeding. We put a few "your speed" signs to try to reduce speeds in the area. We talked to Collier County Sheriff to do some selective enforcement, and we talked to inspectors of these facilities to see if they can move some of the -- ask them not to use Logan Boulevard. Of course, we don't have the authority to stop them from using Logan Boulevard, but the suggestion was made. So I'm going to go through and -- you know, this is Logan Boulevard. This is the segment we are talking about. It's from Immokalee Road north to the county line. The segment north of the county line is within Bonita Beach maintenance and, you know, the top there is Bonita Road. Most of the trucks were coming, of course, from Bonita Grande mine. They are coming down Bonita Grande Drive down to Bonita Beach Road, down to Logan, down to Immokalee, and then going through that area there where a lot of construction was happening at that time. The question came is, what's excessive trucks? During that period, this is -- actually, this picture was taken on the 3rd -- on February 3rd, and you can see a lot of dump trucks were using that March 23, 2021 Page 131 roadway. We did these remedies, and the truck went down. What's excessive -- and I'm going to go through a few slides to talk about what we consider excessive. Our excessive is 5 percent or higher. You know, 5 percent and higher is not really a lot of trucks. So this picture also is considered excessive, and that's because there's three trucks here out of 40 vehicles. And if you take the percentages, that's about 7-and-a-half percent. So that's also excessive if -- this is normal. Oh, sorry. CHAIRMAN TAYLOR: Mr. Khawaja, when you say "we," what -- MR. KHAWAJA: Staff. CHAIRMAN TAYLOR: What standards are we using? MR. KHAWAJA: I'm going to get there in one second, Commissioner. Yes, yes. CHAIRMAN TAYLOR: Very good. Thank you. MR. KHAWAJA: This is normal, and this is normal as well. You know, there is normal traffic, normal distribution of trucks. So to answer the commissioner's question here, you know, first the DOT considers a truck any vehicle that is intended to carry goods and materials. The national average is 4 percent trucks, is about 4-and-a-half percent for large vehicles. These are combination trucks on multi trailers. There isn't set standards. There isn't -- FDOT doesn't say if you have 3 percent, you are high or if you have 4 percent, but these are what's considered an average for an arterial/major collector roadway. They're about 4-and-a-half percent of combination trucks and multi-trailer vehicles. We use less, actually. Our numbers are less, because in our analysis, we include also what you can see there is Class 6 and 7 on the side of the display. Class 7 is where the dump truck's full. International, what they're talking about is 8 and below. Class 8 and March 23, 2021 Page 132 bigger. We look at Class 6 and bigger. And we are looking at -- what we consider normal is 3, not 4 and a half, and we consider 5 to be excessive or high. After we get the calls, we set up counts, and we counted Logan Boulevard two separated times. One was in February 9th through the 11th. And on the 9th it was high, it was 5.1, but the numbers went down. And then we went out again because the community continued to raise concerns. And we looked again, and we looked at it from the 23rd to the 25th. And you can see that the percentages are around what we considered normal or average. I think the numbers went down from the end of January and early February when the complaints were the heaviest, and that's what we will continue to monitor. So the other issue with Logan Boulevard, it used trip money. And, you know, we had 2.6 million of trip money, which says that we are building a facility that is to serve the national statewide as a regional -- has a regional functionality and part of the integrated system. So restricting trucks is something we want to take very carefully when we're looking at restricting trucks on Logan Boulevard. It's the only road that is east of 75 that connects north to Lee County as well. You know, restricting trucks, you know, is contrary to the goals of that agreement with FDOT. And I have Trinity Scott here if you have agreement questions or regarding the trip funds questions. Staff also has been working with the community on two other projects that I thought I should mention. We are doing two median crossovers north of Stone Creek to provide turnaround or an area where you can pull over, because that area has curb and gutter on both sides, in the median and on the edge line -- on the edge side. March 23, 2021 Page 133 And we're also working with the community on trying to look at their intersections. We met with them twice with each one of the communities. We heard back from Olde Cypress, and they are interested in a roundabout to replace their multiway stop. We also talked to Riverstone recently, Jay and I. They came and met with us Thursday, last Thursday, and they seem interested on looking at the roundabout at their facility. We think having -- if we end up with two roundabouts, it will be very discouraging to trucks to be using that roadway as a cut-through. Stone Creek, when we met with them, they were n't very sure that they want to do anything at their intersection. So for now -- we haven't heard from them, but still -- you know, they might select the do-nothing option. We're going to continue to monitor to make sure we reach the 5 percent, but even if we reach the 5 percent consistently, it is difficult to say. We're going to bring it back to you, and you guys can make the decision, but our recommendation is not to restrict trucks on Logan Boulevard at this time. Any questions? CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: I don't know that I have any questions. I do have a couple comments, and it may result in some -- well, let me keep you up there for just a minute. Let me read something that I just received last night from a resident out there. And he's pointing out that we have a tremendous noise problem with the trucks, and I can understand that because that's a fairly narrow road and not too far away from a lot of homes. But he says, while the noise is unbearable to many homeowners, I'd suggest the counties consider -- and that's Lee County and Collier County -- consider the unreasonable and added risk to pedestrians, March 23, 2021 Page 134 bicyclists, and motorists given the roadway was designed for two lanes with no concrete curbs and less than three feet from the walk and bike paths along the sidewalk. And I've been down that road many times, and it is rather narrow. And if you have a problem, you really have no place to pull over. It's not designed to accommodate that. I know you're looking at a couple ways to solve part of that. But I'd like to see the county continue this item. I've asked the County Attorney to provide to us at a future date what alternatives we may really have. There may not be any. I'm not making any promises to the neighborhood. There may not be any solution to this problem. But I'd look to know that before we move on to other items. And so, you know, we have an agreement with the trip funds. I think you said $2.6 million was appropriated. Maybe that agreement prohibits us from doing anything. But I don't know that for a fact, and I want to get more information. So what I'd like to ask the Board to do is to delay any final action on this. Perhaps in our second meeting in April, perhaps the County Attorney can come back with some information as to what options we may have. So, for example, I don't know that reduced speeding will help. That may deter trucks from going down there. More speeding enforcement may help. I just don't know what possible solutions there are, and I'd like to make sure we explore those. So I'll put that in the form of a motion just for consideration. COMMISSIONER McDANIEL: I'll second the motion. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I want to pick up on where Commissioner Saunders left off. I was thinking very similar things, because we're all getting similar emails. And, you know, it's March 23, 2021 Page 135 great that the -- there, again, the algorithm says 1 to 5 percent, yeah, success, but let's just say for argument, if you're at 1 percent -- and I'm not saying Logan. I'm just saying hypothetically -- and then you go to 4 percent, you're under 5, but that's a huge jump. And for people that live there -- and, you know, Commissioners Saunders is right. I've been out there quite a bit as well. Narrow Road. Sometimes when you don't have as many buildings or trees to absorb the noise -- there's a lot of things that go into noise. So even though the quantity of trucks may still be sort of under the -- you know, the maximum that we think is a problem, if you live out there, I think that little bit of bump or just maybe this is more than what they've had in the past is still a problem. The notes I get, actually, say less about the number of trucks and just exactly what Commissioner Saunders said, just noise. So nobody's out there counting trucks, but to the citizens that live there, I think they would say they don't care how many trucks are out there or what the percentage is. It's a lot louder than it used to be. And I thought the same thing when I drove through there for the fir st time. It's not only narrow, but the setbacks and whatnot, it's -- similar term, it's tight. And, you know, safety and noise. So I would agree. I think we -- you know, even if we're under 5 percent, I don't think we claim victory. The big complaint is noise, and maybe this is an area that 5 percent is excessive, and 3 percent might be excessive, so... MR. KHAWAJA: Understood, Commissioner. You know, it is a county road. We're trying to manage it the best we can. I agree with you, I mean, the neighbors might not be happy with 3 percent as well. It's just the standard numbers for an arterial roadway is what I showed you. COMMISSIONER LoCASTRO: No, I hear you. MR. KLATZKOW: Is the predominant issue dump trucks? March 23, 2021 Page 136 MR. KHAWAJA: Well, they come and go. MR. KLATZKOW: Is that the predominant issue? MR. KHAWAJA: Yes, definitely it's dump trucks. MR. KLATZKOW: We'll come back with something. CHAIRMAN TAYLOR: Commissioner McDaniel and then Commissioner Saunders. It's your district, sir, but I'll defer to Commissioner McDaniel. COMMISSIONER McDANIEL: Do you want to go first, or -- COMMISSIONER SAUNDERS: I was just going to point out a couple things just for the public's information. The County Commission started this project in 2011, so it's been a long time. And actual construction -- or the agreement with the Department of Transportation was in May of 2016. So there really -- we all -- I think the three of us got on the Board in November of 2016, and then four -- so I'm just pointing out that we all kind of inherited this issue. And when I first saw this road -- I'm going back now a year or so ago when it first opened up. I think it's probably about close to a year. MR. KHAWAJA: A year, yes. COMMISSIONER SAUNDERS: I called Nick Casalanguida up, and I said, this is one of the worst roads I've ever ridden on. What if you have a flat tire? What if there's a small minor accident? There is nowhere to go. And so Nick had said at that time they were going to investigate ways to fix this kind of a problem. That was before we started having dump trucks. There's history here. We've kind of inherited it. And hopefully we can find a way to resolve it. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well, you know -- and you're correct, we did inherit it, but it was always contemplated to interconnect Logan all the way up through to the Beach Road. I still own a home on Logan Boulevard, and that was March 23, 2021 Page 137 one of the considerations that I dealt with way back in the day. On e of the questions I want you to look into -- because I have an enormous amount of experience in managing company trucks -- are there any bridges or weight limitations that we could maybe utilize to manage the size of the vehicles that are traveling -- look into that, if you would, please. I know we were successful in doing that on the southerly end of the -- I forgot the name of the road off of Vanderbilt Beach extension that was a private road that we opened up. MR. KHAWAJA: Massey. COMMISSIONER McDANIEL: Massey. We were able to limit the -- put a weight limit on and keep the heavier trucks from utilizing it. We do have an issue with it being a county road. The dump truck operators have a right to drive those dump trucks to Publix and get their groceries. So we have an issue in managing the path that they take and the travel. And it is -- from the industry standpoint, it's all about the jobs and the mileage from the source where the material that's being hauled to a particular project and where that Bonita Grande mine is, in fact, located. One thing I did do and successfully managed for our community at Waterways, we actually put out just simple little eight-and-a-half-by-11 in English and Spanish, please don't use your Jake brakes in this period of time, because those are the large -- because those guys are like me on my Harley. They like to hear the -- they put straight pipes on their truck and that sort of thing. And so -- but when they use the motor brake to slow themselves down, that creates an enormous amount of noise. And so we started at the quarries that I was operating in eastern Collier County, we passed them out for months, just those little eight-and-a-half-by-11, to the truckers and said, on this segment of road, please don't use your Jake brakes. I literally had residents -- when I was the owner of March 23, 2021 Page 138 the quarry, I literally had residents in Waterways call me and thank me for those efforts that we did because it mitigated the noise impact, because they were coming up to that light at Oil Well Road and Immokalee and laying on the Jake brakes and coming down. So if you've got things like that, that might be something. I know the operators up at Bonita Grande, and I'll certainly help to assist with that process. It can help mitigate the noise. MR. KHAWAJA: Yes. If you know somebody, I tell you, it would be nice if they could stay on I-75, you know, get off at Immokalee. COMMISSIONER McDANIEL: Well, you're not going to -- you can't -- MR. KHAWAJA: Understood. COMMISSIONER McDANIEL: You can say what would be nice -- and, you know, there again, from a noise standpoint, right now the weather's nice, everybody has their windows open. So what wasn't noisy before when it's hot, now the windows are open, people are enjoying the fresh air. It's all a matter of distance. If the job is at the school, the new school that's being built at Fogg's Nursery, they're not going to drive two miles further to the west to get on 75. That -- it equates to 20 cents a ton per mile on the -- on the transport. That's just an economic consideration. It's -- it's 20 cents per ton per mile for a trip to go. MR. KHAWAJA: I don't know if they save on distance, you know, because Logan takes you east and you have to come back also, so -- but... COMMISSIONER McDANIEL: So I'm okay with continuing the item and further exploring alternatives that we have. I'm totally fine with that. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Yeah. And my only thought is is March 23, 2021 Page 139 if -- whatever comes back, if there's some thought given to, okay, if we curtail the use of the -- of Logan for trucks, where can we anticipate those trucks going? Because the trucks still need to get where they're going, right? So are we -- you know, it is like a balloon in the sense that you squeeze it one way, they're going to go the other. And just to, you know, have an idea of where that would be, do we have any indication of where they're going? I mean, are these -- is there one main development where there's a lot of fill going in that -- anyway, I'm not saying that now. I'm just saying whatever comes back so we can have a discussion about the whole thing, that would be helpful for me. COMMISSIONER McDANIEL: Just one point on that, Madam Chair, if I may. There's no supply of fill dirt to speak of in Collier County. COMMISSIONER SOLIS: Oh, I know. COMMISSIONER McDANIEL: The aggregate. There is rock, but there's virtually -- there's virtually no supply of fill dirt. So these projects that are in requisite of fill dirt, even our own, the things that we're doing down at the Paradise Coast Park and the like are drawing on the mining operations in Lee County. We're pulling truck traffic down out of Lee County, so... CHAIRMAN TAYLOR: Okay. No more discussion? Is there -- there's a motion on the floor and a second, I believe, to have the County Attorney bring something back to us to address this issue; is that correct? Have I -- COMMISSIONER McDANIEL: Yes. MR. KLATZKOW: You will have an executive summary at your next meeting. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Madam Chair, I do have several public commenters registered on this item. March 23, 2021 Page 140 CHAIRMAN TAYLOR: Okay. If you want to talk -- MR. MILLER: We have three here in the room. CHAIRMAN TAYLOR: Okay. If our public commenters would like to talk us out of it, please do. If not, please note that we are going to bring back an executive summary, which is another hearing on this issue, because we realize the seriousness of this. MR. MILLER: Your first speaker is Carol Jouzaitis, followed by Paul Sperlock, and then Bruce Smith. I'd like to remind the speakers, you can alternate between podiums while the other one is being cleaned. Thank you. MS. JOUZAITIS: Sure. Good afternoon, Commissioners. Thank you for the opportunity to speak. My name is Carol Jouzaitis, and I live with my husband, Walter Jones, in Riverstone on Pleasant Springs. We are separated from Logan by a berm. We live directly across that berm from Logan Avenue. We bought our house in 2013 before the road Logan was extended north of Seven Seas. We knew that that was going to happen, and it did happen a couple years later, and then a few years after that it was extended further all the way up to Bonita Beach Road. We welcome the extension just because our only exit and entrance to our development is on Logan Avenue. So we thought it was great, and that was until just about six months ago or so when there was suddenly an explosion of truck traffic and truck noise on Logan Avenue, as we've been talking about. Suddenly, this steady flow of extremely noisy dump trucks on Logan became the norm on weekdays. Like, literally every weekday from 6:00 a.m. until late in the afternoon we can hear those trucks rumbling down Logan 10 hours a day. We can feel the vibrations in our house. March 23, 2021 Page 141 I have neighbors who said to me, I no longer have to set my alarm clock. I know when it's 6:00 a.m. because the dump trucks come rumbling down the street. We were aware of the traffic study being conducted, and about the time of that traffic study, suddenly the number of trucks deceased for a few weeks and then came roaring back, literally. Let me cite some data to you to sort of underscore the extent of the problem. On Friday, just this last Friday, March 19th, I went, took a chair, sat on Logan from about 2:15 in the -- from 2:15 in the afternoon to 2:45. During that 30-minute period, a total of 109 vehicles passed me going north or south; 12 were dump trucks. That's 11 percent of all the vehicles in that half-hour period. I did this again yesterday morning at 6:15 a.m. till about 6:45 a.m., another 30-minute period, when I counted a total of 86 vehicles, including nine dump trucks. So that was more than 10 percent. Again -- I think that was one minute. CHAIRMAN TAYLOR: Thirty seconds. MS. JOUZAITIS: Okay. And I have to say that that's pretty typical. My husband and I ride our bikes up and down Logan, sometimes we walk up and down Logan several times a week. Sometimes we do it in the morning; sometimes we do it in the afternoon. We also are now counting the dump trucks while we ride our bikes. It takes us about 40 minutes to get from Seven Seas up to Bonita Beach and back to Seven Seas, and we typically count about 15 dump trucks during that ride. Often there are two or three dump trucks in a row so -- and they are noisy, and imagine that multiplied by two or three when you get these caravans. CHAIRMAN TAYLOR: Thank you very much. MS. JOUZAITIS: Okay. Thank you very much. MR. MILLER: Your next speaker is Paul Sperlock. He'll be March 23, 2021 Page 142 followed by Bruce Smith, and then our first online speaker, Angela Norkiewicz. MR. SPERLOCK: Hi, Madam Chair. Thanks for hearing us. We live next to this noise machine that we're talking about. I'm here because in Stone Creek my house is probably the closest to Logan that there is. The back of my house is maybe 100 feet from the edge of Logan southbound. So, like they said, starts at 5:30 in the morning, these trucks rumble down. And it's -- the cars going up and down Logan you can't hear, but the trucks you can't miss. When I built my pool, I put in water features so that during the day, that the sound -- we knew the road was going in. We did water features to put in because we kne w the sound was going to get drowned out by the water features. The water features do nothing for dump trucks. It's like it's not even there, but I can't hear the cars. So the issue is -- and I understand that the primary focus of this body is generally development and expansion. I understand that. But we're part of historic expansion/development that needs a simple remedy. And I appreciate the work that staff has done, but I think we should go back to staff and see if there is some way to limit the number of trucks on that road. CHAIRMAN TAYLOR: Thank you. Thank you very much. MR. SPERLOCK: Thank you. MR. MILLER: Your next speaker is Bruce Smith. He'll be followed by Angela Norkiewicz and then Barbara Arty. MR. SMITH: Madam Chair and Commissioners, thanks very much for the opportunity of speaking. My name is Bruce Smith. I'm a Stone Creek resident. Our backyard faces Logan. Noise from the trucks on Logan Boulevard wakes us up between 5:30 a.m. and 6:00 a.m. most days, and the excessive truck noise continues throughout the day. What I have noticed about the truck March 23, 2021 Page 143 noise, because I bicycle along Logan every day, is that corporate -- or company vehicles. They're very quiet. Big, huge dump trucks. QE, who did all the -- I think the sewer pipe extension, quiet just like a car, but all the private vehicles who aren't -- I guess who aren't maintained as effectively, are extremely noisy. I oppose the approval of the staff report, as I believe the traffic study was skewed in two ways. On February 5th, Michelle Scavone of the Growth Management indicated that Collier Development Services would be contacting trucking companies to advise them to use alternative routes. A few days later a traffic study was conducted, February 9th and 11th, and then again on February 23 to 25. Executive summary dated 3/23/21 states the truck traffic was 5.1 the first day, second day was 3.9, the third day was 3.6, which is still above the normal, as per your guidelines. I believe the reason for the decrease in truck traffic was Development Services' communication with the trucking companies in an effort, knowingly or not, skewing the results of the traffic study. The executive summary indicates that 3 percent truck traffic is considered normal. It is, therefore, apparent that the truck traffic on the second and third day was above normal, and it continues to not only be above normal but excessive. I believe the vehicle study was also skewed because of the location on Logan Boulevard. The traffic study equipment was -- where the traffic study equipment was placed. The placement of the study equipment was installed just north of Treeline for both studies. This location captured not only the vehicles used in the extension of Logan Boulevard but also the 1,200-plus vehicles entering and exiting two communities, being Stone Creek and Riverstone, from Immokalee that did not use the extension. Had Collier staff not reached out to the trucking companies, more likely than not that all three days of the traffic study would have March 23, 2021 Page 144 showed a use of 5 percent or greater. Had Collier County placed the study equipment within the extension of Logan Boulevard, we would be looking at the true numbers of vehicles using the extension. I would respectfully request that another traffic study be conducted in view of the skewed results and that the study be performed within the extension. Furthermore, Logan Boulevard is a narrow two-lane secondary road with several twists and turns. There is nowhere to pull over and, as you said, you're looking at the information. CHAIRMAN TAYLOR: Thank you. MR. SMITH: Thank you very much for your time. MR. MILLER: Your next speaker, our first speaker online is, Angela Norkiewicz. She'll be followed by Barbara Arty and then Charlene Smith. Ms. Norkiewicz, you're being prompted to unmute yourself right now. If you could please do so. There you are. You have three minutes, ma'am. MS. NORKIEWICZ: Good afternoon. I am a Lee County resident, and I wanted to participate in this call today because we live in Palmera, which borders Logan Boulevard. We are one of the closest streets to Logan. We're separated from Logan with a wall, probably a T box, and water -- a waterway. The two issues that we have -- I can actually feel the house shake, and we're probably a good 500 feet from the road. But we do feel the shaking when the trucks are running down the road. The other thing is the noise from the motorcycles. So, you know, I know there's some issues about trying to restrict the truck traffic. That's not really my concern. My concern is whether or not sound barriers could be put up. And, like I said, I'm in Lee County, and maybe I need to address this with the Lee County commissioners as well, but I did want to bring it to your attention. That's it. Thank March 23, 2021 Page 145 you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker will be Barbara Arty. She'll be followed by Charlene Smith and then Harold Altz. Barbara, you're being prompted to unmute yourself at this time, if you'll do so. Ms. Arty, Barbara Arty. There you are. MS. ARTY: Yes, hi. MR. MILLER: You have three minutes, ma'am. MS. ARTY: Okay. A previous speaker addressed the concerns that I had about that study that was conducted, so I'd like to piggyback on that a little bit. I do agree that we can have another traffic study but only if the trucking companies can't hear about it in the future. And I don't know how you do that. So, anyway, that's all I wanted to say. Thanks for including us in the meeting. MR. MILLER: Your next speaker is Charlene Smith. She'll be followed by Harold Altz and then J. Ruggieri. Ms. Smith, you're being prompted to unmute yourself, if you'll do so at this time. There you go. MS. SMITH: Hello, everyone. MR. MILLER: Yes. MS. SMITH: I'm the wife of Bruce Smith. He's pretty much said what I needed to say. I just want to point out again that the -- we believe that the traffic study was skewed. Michelle -- Michelle Scavone did tell us that they would be contacting trucking companies to tell them to take alternate routes. I guess, in fact, they did because the first day of the study was 5.1, it went down to 3.9, and then 3.6. Certainly, before the first day of the study, I'm sure, you know, all the homeowners could tell you it was excessive noise and March 23, 2021 Page 146 excessive truck traffic. You know, if it wasn't for this, you know, heads-up that they gave to the trucking companies, we probably would have our desired signage preventing, you know, large trucks from using Logan. And I guess my only -- you know, my only -- I'm happy that you guys are going to be adjourning to another day and gathering some more information, so that keeps most of us happy. I just want to -- my only comment, and I do understand your saying it's a county road, that, you know, the truckers have a right to use those -- the county road but, you know what, we've got six communities that abut Logan Avenue, and all these homeowners are up in arms because of the sound and noise. I mean, these trucks are horrible to have them, you know, day in and day out listening to them. So, you know, my only other comment is, to add to it, is let them take highway 75 like they used to. Why can't they take 75, you know? Then they can do their business and let, you know, the homeowners enjoy their properties. So thank you for listening to me. I appreciate it, and I'll adjourn now to let somebody else speak. MR. MILLER: Your next speaker is Harold Altz. He'll be followed by J. Ruggieri and then James Chorley. Mr. Altz, there you are, sir. You have three minutes. MR. ALTZ: Thank you. Good afternoon. I'd like to piggyback also just to confirm about the study. Unfortunately, the study was also conducted over a 24-hour period. The trucks run from 6:00 a.m. to 6:00 p.m. Including additional data for the remaining 12 hours is skewing the numbers. And we're also looking at the fact -- and, again, I realize that we are constantly expanding, which is needed as a society and a community, but the fact is, if traffic was to increase from the increased number of people moving March 23, 2021 Page 147 to Florida and homes being built, that we could end up with thousands more cars utilizing Logan Boulevard, which is needed; however, that would skew the number of trucks to be able to go up accordingly. The trucks are already violently disturbing of the beauty that people have that enjoyed and invested their money in. As people have mentioned on the Board about being taxpayers and looking after us, which amen we have you people to look after that, because we all know businesses don't always put that as a top consideration. The reality is, these trucks have used Interstate 75 for many years before Logan was built. Nothing has changed, and other than they now have an alternative route -- and it comes down to whether a business can save a few dollars, as pointed out by one of the commissioners. This is not just about whether a business can save dollars. You have taxpayers paying millions of dollars in taxes on billions of dollars’ worth of property that they chose to live in Florida in this location because of the tranquility and how it improved our lifestyle. The trucks have now taken that away from us. Waking up, being disturbed, having my property shake -- I am, too, about 50 yards tops from Logan Boulevard. It has nothing to do with the brakes. It has to do with the heaviness of the trucks, the speed in which they go down, and the fact that they're even there. It does save them time. It does save the company money. Unfortunately, your taxpayers are paying that price. It really is recommended, even though it's a county line, to exclude trucks from here given that the interstate is actually closer to the mine than Logan Boulevard is. It's a slippery slope, and I know you have a balance and a job to do, and we appreciate that, but in the best interest of the citizens of Naples, Florida, and Bonita Springs, Florida, along this area, this is really a no-brainer because March 23, 2021 Page 148 it -- unfortunately, none of you live here to experience this, and the study is designed to get it through, and it's not taking into consideration the reality of what the residents are dealing with. I thank you very much for my opportunity to speak to you all. Have a blessed day. MR. MILLER: Your next speaker is J. Ruggieri. He'll be followed by James Chorley, and then Vincenzo LiCausi. Mr. Ruggieri, there you are. You have three minutes. MR. RUGGIERI: Great. Thank you very much. Thank you, all, for your time and your attention to this matter. I think you guys have heard it all. I live about 100 yards from Logan on a street that runs parallel to Logan, primarily, and I can tell you that at any given time during the day, like the other people have said, trucks' noise is apparent. I don't live as close as other people. I don't really hear the trucks as loudly as other people, but I can tell you we hear them. My concern is two things: Noise and safety. Let's take safety first, because that tends to move the dial. As one of the commissioners pointed out, there's no room for error along this road. The walking paths are extremely close to the road. There's no place to pull over. I have seen trucks, have been behind trucks that have taken the curves far too quickly and have had to jam their brakes on. So let's hope it doesn't come down to somebody getting hit on the side of the road because we don't want to restrict trucks. And from a noise point of view, I think you've heard plenty. It's real. It's constant. A truck just went by while I was waiting, and I heard it, and I'm sitting in my house in my office one of the windows closed. Here's what I would say: Any one of you are welcome to come sit in my driveway. I'll buy you coffee. I'll bring you out a chair, and you can do your own little survey, like some other people have, March 23, 2021 Page 149 and you can hear the noise for yourself. I appreciate the efforts of this group, I'm glad you're going to look into it further, but I really urge you to not allow these trucks on Logan Boulevard. It's a safety and noise issue, and I don't think it's a difficult decision to make as a citizen. Thank you for your time. MR. MILLER: All right. James Chorley is no longer online with us. Let's go to our final speaker, Vincenzo LiCausi. MR. LiCAUSI: Hi, everyone. I think one point of reference is also there is a noise ordinance in Collier County, and I believe, relative to these dump trucks, it's 86 decibels at 50 feet. My property abuts Logan Boulevard, and I'm probably 120 feet away, and I recorded decibels of about 92, assuming my meter is correct. So I think there's another angle here, and that is the noise ordinance. The noise for regular traffic, the limit is 60. And I get about 65, 70 from normal vehicles. So there is a -- there definitely is a noise issue. If we enforce the ordinance, it seems like a no-brainer to me. Thank you. MR. MILLER: That was our final registered speaker, Madam Chair. CHAIRMAN TAYLOR: Thank you, folks. About 1981, '82, there's a little neighborhood in Lake Park [sic] called Lake Park in the City of Naples, and there was a lot of truck traffic going on Seventh Avenue North, and two neighbors got lawn chairs and sat out and counted the trucks one afternoon, and that was the traffic study that proved to the city at that time that there were too many trucks on that road, and they subsequently put two small roundabouts on the road, and it helped a lot. I'm not suggesting we can do that on Logan, but never dismiss the eye and sitting in the lawn chair and counting, because you've got it. And to announce you're going to do a truck study from a March 23, 2021 Page 150 company that understands the cost of transportation and would automatically take another route is probably not what we need to do in the future. So we have a -- I believe there is a motion or if there isn't -- there is a motion, I believe there's a second, to ask the County Attorney to create an executive summary and to come back to start to remedy this issue. We're not pushing it down the road. It's going to be at our next meeting. That was -- I didn't mean to say pushing it down the road. But we're not pushing it away. It's going to be at our next meeting, and we're going to discuss it at that time. Yes? COMMISSIONER McDANIEL: I'd like to -- I mean, because you said it, and it's been alleged, I just would like to hear from staff, because I think there's a misunderstanding. I don't think that our staff reached out to the trucking companies or the mine to alert them that there was a study about to transpire. I think we did the study -- what I understood was we did the study and then reached out to the industry to talk about alternative routes and such. Correct me if I'm wrong, but that's -- MR. KHAWAJA: No. Actually, when we start hearing the complaints, we wanted to take some action to reduce the truck on that -- (Simultaneous crosstalk.) COMMISSIONER McDANIEL: So you did reach out to the industry and then conduct the study after you did that? MR. KHAWAJA: We conducted the study about two weeks later, yes, that's correct. COMMISSIONER McDANIEL: Okay. Forgive me, Madam Chair. CHAIRMAN TAYLOR: No, no, that's quite all right. I think that's important. March 23, 2021 Page 151 COMMISSIONER McDANIEL: It's absolutely important. MR. KHAWAJA: We wanted to take immediate action when they were calling us; they're having problems. We got the Sheriff out. We got the speeds, and then we tried to get them off the road. But the community continued to tell us we want it now. Do the study now. So we responded by getting out there and doing the study then, and then went again in two weeks, which is -- and we continued to watch it from the traffic management center, and we're ready to go again if the numbers go up, but that's where we are at. CHAIRMAN TAYLOR: All right. Thank you very much. All right. There's a motion on the floor and a second. We're clear on the motion. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Our next meeting is April the 13th. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, we move to Item 15, staff and commission general communications. I just have your reminder; you have a CRA workshop scheduled for April 6th at 9:00 a.m. in this commission chambers, and that's all I have, Madam Chair. March 23, 2021 Page 152 CHAIRMAN TAYLOR: Thank you very much. MR. KLATZKOW: I do have -- CHAIRMAN TAYLOR: County Attorney. MR. KLATZKOW: -- something, actually. CHAIRMAN TAYLOR: Oh, good. MR. KLATZKOW: Our favorite topic, Seed to Table. As the Board knows, the Governor issued a clemency order regarding the remission of fines for any fines imposed by local government concerning the COVID restrictions so that any fine as a result of the Board's mask ordinance has now been, well, forgiven by the Governor. We have a, as you know, proceeding before the Special Magistrate. We've asked her to rehear her previous ruling as to lack of jurisdiction. Given this executive order by the Governor, in essence, just pardoning all of the mask violations stat ewide, it's my personal opinion that I don't see any purpose moving forward with the Oakes matter at this point in time, and I'd like to ask the Board to direct the County Manager to cease the prosecution as it's a code enforcement function. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Madam Chair. I met with the County Attorney yesterday and suggested that we have this conversation. I agree with the County Attorney. The Hearing Examiner [sic] had already indicated a lack of jurisdiction. We filed a notice of rehearing on that. But even if we were successful, which we would not be, there's nowhere for this to go. So I want to urge the county to go ahead and dismiss that action in its entirety, and I'll make that motion if that would be appropriate. CHAIRMAN TAYLOR: And I'll -- COMMISSIONER McDANIEL: Second. March 23, 2021 Page 153 CHAIRMAN TAYLOR: Okay. There's a motion on the floor and a second. No discussion. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. KLATZKOW: Thank you. CHAIRMAN TAYLOR: Thank you. Okay. I'm going to go first today because I'm chair. So forgive me, but I've just got a few things. COMMISSIONER SAUNDERS: It should be ladies first anyway, shouldn't it? CHAIRMAN TAYLOR: Ladies first. COMMISSIONER McDANIEL: There you go. CHAIRMAN TAYLOR: We received a letter from the representative Brett Cohen from Naples Cay, and this is regarding the plans of the U.S. Army Corps of Engineers to make our beach much stronger, and I believe there -- we're under public comment. County Manager, I'm wondering if it wouldn't be wise at our next meeting just to do a brief overview, because there -- they are -- particularly have grave concerns about the maps themselves, and I believe they've issued public comment, but I literally have lost where we are in this process, understanding that a decision has to be made in September of this year, I believe, correct? But perhaps we could just do a brief overview of where we are and where we're going for the public, and it could just be a staff presentation. Would you -- are we okay with that? Okay. March 23, 2021 Page 154 MR. OCHS: Do you want that at your next meeting? CHAIRMAN TAYLOR: Yes, please, before the folks leave to go north. The county of Lee County has decided under the leadership of Chairman Ruane to join the Resiliency Compact, and I'm wondering if that is something that we in Collier should consider doing. We -- if I see nods, we should. If not, we can just, again, have a brief presentation of what it entails. There are no fees. There 's no money involved for, like, three years. It's a question, I think, of just providing a united front as we go forward and deal with the interesting challenges we have with sea level rise. Do I see -- are we okay doing that? COMMISSIONER SOLIS: Sure. CHAIRMAN TAYLOR: Consensus. Okay, good. COMMISSIONER SAUNDERS: There will be an ask for money at some point, though. CHAIRMAN TAYLOR: Oh, in three -- yeah, two to three years, I've been told. COMMISSIONER McDANIEL: Eventually, correct, yes. CHAIRMAN TAYLOR: We have a fascinating bill in Tallahassee, so this is -- this is a nod to our folks in Tallahassee who have decided -- it's weaved into an election bill that if it's passed -- and I'm not saying it's passed. It's still in a committee. I think it just got out of the ethics committee. I think that's what it says. But what will happen is if it passes, we'll all be up for reelection next year; all of us. That's a provision in there, yes. I thought that -- COMMISSIONER McDANIEL: Is that why I'm getting notice from Dave Carpenter about my reelection -- CHAIRMAN TAYLOR: That's right. COMMISSIONER McDANIEL: -- next year on a bill that March 23, 2021 Page 155 hasn't even gotten through? CHAIRMAN TAYLOR: No. Well, he didn't give you notice. He said, but just watch it because it's there, and it just got from one committee, and it's on another. But there's a lot of provisions, according to John Mullins, in that bill that would give some folks pause to question what's going on. But, you know, wouldn't that be interesting; we're all running at the same time? COMMISSIONER McDANIEL: Not fruitful at all. CHAIRMAN TAYLOR: No. But, anyway, that's -- I just thought I'd bring that to you. There is a question that comes up occasionally about the ability of an event sponsor or -- such as pickleball to put flags out to announce an event and to have the festive attitude. When we were talking about this great golf tournament up at Quail Creek, the y wanted to put flags out to announce the entrance to Quail Creek from Immokalee Road. We don't have any provisions. Code Enforcement says, no, we can't do it. I'd like to see if we couldn't bring this back for a discussion where we would maybe create some kind of conditional use so that the idea that as we advance and start entertaining more of these sports events specifically, but it could be other events, that the -- there is a -- we iron out what we want and what we don't want. Commissioner Saunders. COMMISSIONER SAUNDERS: And I'll refer to the County Attorney. And I think there's an old legal maxim: What's good for the goose is good for the gander. We learned that our first year of law school, I think. If we start opening up this for county events, I don't see how we can deny it for private events, and that would be my concern. You could have these types of flags up all over the place. So I'd be very cautious. And that's kind of a question for the County Attorney, but March 23, 2021 Page 156 I think that that might be going on this slippery slope, if you will. MR. KLATZKOW: I don't disagree. If you'd like me to come back, I can -- CHAIRMAN TAYLOR: Yeah, I would, just to -- now, if -- then it -- okay. Yeah, let's -- if you would, at your convenience. And then, finally, just to remind everyone that the mask mandate is sunsetting on April the 13th, 2021. And on that note, Commissioner LoCastro. COMMISSIONER LoCASTRO: Okay. My closing comments would be congratulations again to Mr. Isackson. You said a lot of great and profound things at the podium and during your one-on-one interview, so we'll hold you to those. But I think we're all looking forward to, you know, aggressive leadership, you know, at the top, or enthusiastic leadership maybe would be better, but some -- you know, make changes where we need to make them and stay the course where we need to and all the above. So, you know, congratulations, again. I also wanted to just throw out again, thanks to Dr. George and Amy Patterson, the whole team. I think we all, myself, learned more about wastewater, right, in the last 72 hours than I ever wanted to know. But, you know, there were two things we all told WINK News the other days, at least that I said: I wanted to see action and a sense of urgency, and we had both. You know, it's unfortunate there's a few citizens out there that sort of don't understand the science and the engineering of what happened, and I know they're upset about wastewater being in a retention pond. But just as I said in my replies to, you know, all of them, well, it being in the pond is better than being in your sink, and a few dead fish is better than, you know, your children drinking contaminated water. So, actually, I think it's commendable what our team did over a March 23, 2021 Page 157 weekend and, you know, in immediate, you know, fashion. So, you know, well done, and thank you, and we'll -- let's finish up the little bits and pieces. Amy's got a lot of homework assignments. She's getting out to citizens and speaking to them with a sense of urgency, and I appreciate that. We all do. We all appreciate it. You'll be getting those same calls from Commissioner Solis' constituents once you start tearing up pipes. CHAIRMAN TAYLOR: Thank you. COMMISSIONER LoCASTRO: Thank you, ma'am. CHAIRMAN TAYLOR: So we're going to go down to this end. Commissioner McDaniel. I know. I'm just keeping everybody on their toes today. COMMISSIONER SAUNDERS: I'm getting whiplash. COMMISSIONER McDANIEL: I can't lull away. I, again, wanted to thank staff. I actually heard Amy was out there with her finger plugging that hole for a while while they were getting caught up. So it was a remarkable job by all of our staff for a very, very poor circumstance that was taken care of in a very, very short period of time. And I want to echo the thanks that was done there, so -- and I have nothing further. CHAIRMAN TAYLOR: Thank you. Commissioner Solis. COMMISSIONER SOLIS: Well, as I committed to do at the beginning of the year, I was going to do a quick little rundown of what happened at the TDC yesterday, which is really good, because it's really good news actually, and I think we're all ready for some good news. So I've handed that out, and I've got it also on the visualizer. These are just some data related to what's going on at RSW. We didn't have the February RSW information yet, but you can see March 23, 2021 Page 158 down where it says January 21st that RSW, it's outperforming, really, our main competition. Miami, Fort Lauderdale, Orlando, and Tampa are all down 50 percent. It's good news that we're only down 39 percent, but you have to take that in the context that January of 2020 was the biggest year that had ever happened. I mean, it was over the top the amount of traffic that we had. The next page will just show you what's happening. At the beginning of 2020, you can see that most of our visitors were coming -- were flying in. That came to a crashing halt in April. And as I showed last time, what sustained us was really local visitors, right, and the drive-in within the state. But as you can see, as things are changing, the campaigns that the staff put together and the marketing partners put together have really made a difference. Things are starting to come back to normal. It's about almost 50/50 in terms of those that fly in and those that drive in. The next one is a really interesting slide that shows you kind of year to year, you know, what's happened in terms of Florida visitors versus out-of-state visitors, and it shows you more of the same, that the -- you know, the Florida visitors really sustained us through the worst of it and that now the out-of-the-state folks are coming back. Again, this is all in the context of January, February, and March, really, of 2020 were just over-the-top years [sic]. In fact, I think staff was talking about really starting -- going back and using 2019 as the baseline because 2020 was such an aberration. The next slide you can see where the major markets are that our visitors are from. This -- we're down 17 percent from February of 2020, which is -- was great news. All the hoteliers on the TDC were very, very encouraged by that. When you compare that to February of 2019, it's really only down about 10 percent. So it's all great news all the way around. The next page is just some takeaways from information received March 23, 2021 Page 159 from some of the hotels. And I've highlighted the one that is really telling. March was only down 15 percent from 2019, which was a record; that was a record as well. Already halfway to April 2019 record numbers. Doing more in a day than the entire month of April of 2020. So great news for our tourism industry. And then a couple of slides that -- this is something that's really been effective, this targeted marketing, personalized marketing with the videos that I showed last time, but what you can see over to the right-hand side where the arrows are, that these are ads, and the post-viewing of this ad, the engagement's up. I mean, the post-engagement for February was up 271 percent, and the impressions overall, 462 percent. I mean, these ads have been really, really effective. And this -- the next slide I'm just showing a little bit of what the social media campaign has done. This is -- I thought it was great. It's -- on Facebook -- on the Facebook page it says it's hard to improve upon a Paradise Coast sunset unless, of course, you had pizza, which this was the best-performing post the whole time, and it was really, really effective. So just kudos to our staff for being very creative and coming up with things that really grab people's attention. Tax Collector collections, as you can see, for February were actually ahead of the budget by about 352-, $353,000, and now we're updating the forecast. We're updating it up instead of down, which is a good trend to be doing. We were doing the opposite for quite a while. You can see on the graph that the actual collections are exceeding the budgeted collections. And then the last slide is just a blurb, a bullet point to show what are the most viewed pages from our website, the explore safely landing page, again, related to the pledge that Commissioner Taylor brought up at the beginning today. The events landing page, the home page, and then the coronavirus information page was No. 4, March 23, 2021 Page 160 and the Discover Marco Island article page was No. 5. So I think this is more evidence that the campaign and the pivot that the staff recommended in terms of our marketing for Collier County was really effective. So I'd like to thank them for all their hard work. One little thing that came up from -- of concern related to our friends in Tallahassee was there was some concern expressed. There is a bill, I think, that's in committee somewhere that would change the rules relating to the use of TDC funds to make it available for things like flood mitigation. Obviously of concern to the folks that contribute that or to promote tourism, because that's not really necessarily tourism related. And, again, congratulations to Mr. Isackson, and I hope moving forward we have great year, and also to Dr. George and everybody else that applied as well. You know, it's a very, very difficult decision. So thank you. CHAIRMAN TAYLOR: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Madam Chair. Commissioner Solis, thank you for that information. That certainly will help us as we go through our budgeting process. When I was in the Senate, we always had kind of a process where a senator would stand up and say, I'd like to make a point of personal privilege, and at that point, everybody would sort of sit down and listen. We don't have that process here, but I'm going to sort of ask for a point of personal privilege, if I might. I've got a couple things I want to talk about that are not necessarily on the positive end of the spectrum. Quite frankly, I'm reluctant to bring these up, but I think one of the most important things we can do as a commission is make sure that our public has confidence in what we do in our decision-making process. March 23, 2021 Page 161 And I want to start off by saying, I think Collier County has probably some of the best public services of any county in the state of Florida; probably of any county in the country. You look at our EMS system, you look at our law enforcement, you look at our schools, you look at our Clerk's Office, you look at the Supervisor of Elections, our Tax Collector, our Property Appraiser; I rarely get a complaint about the quality of the services that we provide in this county. And so I've got a couple things I want to talk about that I just want to clarify the record, make sure that the facts on the record are correct. The first issue that I want to talk about involves the county's handling of the Tigertail Beach concession agreement. I want to read a couple sentences from a Facebook post, which I hate to go on Facebook. It's never good news, but I do it from time to time. This is from one of our fellow commissioners, Commissioner LoCastro. And he's talking about the food and beverages services provided by Tony at the Tigertail Beach area. And, he says -- this is a quote, unfortunately, the renegotiation of this -- of his contract with the county was totally mishandled last year, and this amazing Tigertail ambassador was shown the door, and the snack bar and rentals sat vacant for many months. I only wish I was a commissioner during the time of this inexcusable mistake. And that's kind of a smack at all of us. The County Commission, we approve those concession agreements, and we approve the going out for the bid, but I think it's more of a real smack on the County Manager. So I've asked Mr. Ochs if he would spend a few minutes and explain what happened. I want the public to really understand what happened on that, because I don't think we simply showed this concessionaire the door. I don't think we mishandled the March 23, 2021 Page 162 negotiations or the end result. So if you will indulge me, I'd like the Manager to explain what really happened in reference to that agreement. MR. OCHS: Yes, sir. I'd be happy to. COMMISSIONER SAUNDERS: I do have one more after that. MR. OCHS: Sure. So in January of 2020, the Board issued a request for proposals for food and beach rental concession agreement renewal for Tigertail Beach. As a result of that, in early February we received two proposals, one of which was from RFA. That was the company that Mr. Smith owned and operated. The staff review committee went through their due diligence, and the staff committee, in early March, recommended Mr. Smith's firm to get that contract. COMMISSIONER SAUNDERS: That's the Tony that we're talking about? MR. OCHS: Yes. Tony Smith, yes. So I should note at the time that Mr. Smith submitted his proposal to the RFP, he noted no exceptions to the specifications or the terms and conditions in that RFP document. So based on that and the staff's recommended award, we went ahead and drafted up a standard agreement that contained the basic terms and conditions that were in the RFP, presented that to Mr. Smith, and asked him to review it and execute it. And, again, that was in early April-ish of 2020. And then we, you know, unfortunately proceeded for the next couple of months to get into protracted discussions with Mr. Smith who continued to make frequent demands or requests to change the scope of the contract having to do with all kinds of different elements that were in the RFP. And so we got to a point where he actually finally executed the agreement in late June, but it was still missing certain insurance March 23, 2021 Page 163 certificates that were required as part of the contract. And when we pressed him for those so that we could get the contract to the Board for award, he finally told us that he was going to withdraw from the contract, and that's how that went forward, Commissioner. And so we had to then go out with another RFP, which we did, which resulted in the award to a new vendor a couple of meetings ago. So I think any characterization that the staff mismanaged the contract is inaccurate, to put it mildly. COMMISSIONER SAUNDERS: All right. Thank you. I appreciate that. COMMISSIONER LoCASTRO: I'll hold my comments till after you're done. COMMISSIONER SAUNDERS: Second issue, again, involves Commissioner LoCastro's comments, and I just want to clarify the record. This is in a letter to Rae Burton -- Rae Burton, and in the letter to Ms. Burton, he says, I think a two-month paid break for commissioners is appalling, and so do most citizens. Now, that's okay. That's, you know -- COMMISSIONER LoCASTRO: Fact. COMMISSIONER SAUNDERS: That's dialogue that we can all live with. But he had some stuff in his Facebook post that just simply is not correct, and I want the Manager to correct this. It says, citizens I talk with wonder why commissioners over the years have voted themselves an extended summer break that slows or stops decisions during that time. When they regroup after the summer, that short break puts the county months behind schedule. Maybe this is arguable to some. I'm only voicing my opinion, but I feel it is a mistake to vote ourselves a vacation when the rest of the real world doesn't operate that way. The point I wanted to make -- and I would ask the County March 23, 2021 Page 164 Manager to spend a few minutes explaining what happens. We have three meetings that we don't schedule in the summertime. We've talked about this. As Commissioner McDaniel had pointed out before; every year for the last four years we've talked about. We haven't changed the schedule. And I don't believe I recall any business slowing down. I don't recall ever being behind schedule in September when we come back to work. But I think it's important for the Manager to explain to the public what happens during the period of time when we don't have those three meetings and whether or not government is shut down, whether or not we wind up two or three or four months behind schedule because of that, because I think it just sends a false impression that we're not doing the government's and the public's business here. MR. OCHS: Well, I can say un-equivocably the day-to-day business of the Board obviously doesn't shut down during that six-week period. The staff, in fact, produces regular agendas for action that is subsequently ratified by the Board when you come back to your first board meeting in every September. Having said that, obviously, there are some things that the staff can't approve on its own, like land-use decisions. But that's been a separate policy decision of this board and past boards that doesn't really relate to the day-to-day work or necessarily to only that six-week period. But you've made a decision as a board not to bring controversial land-use items during the summer months, in any event. So if you exclude those, the rest of the staff work goes on without fail throughout the year. And I don't recall anytime where I would say we were backed up beyond what our normal workload is in the fall. It's always busy because people are coming back, and I don't see where, you know, March 23, 2021 Page 165 the six-week hiatus from those three meetings has any material effect on the day-to-day work of the staff. We continue to work all through that period. COMMISSIONER SAUNDERS: Madam Chair, I want to thank the Commission for your indulgence. I just think it's important that the public understand that we are -- that the county is performing excellent services across the board. There is no interruption in those services at any point in time. And we're always here if there's a need to have a meeting in August, if there's a hurricane coming. It's happened before. We have an emergency meeting. We're here to do what's necessary. So, again, I just wanted to make sure the public understands the process. MR. OCHS: Yeah. And, Commissioners, one more thing for the public's benefit; the Commission already knows this. Because of those intermittent breaks, this board and prior boards have put procedures in place that allow me, for example, to make emergency purchases on behalf of the Board and then have those ratified subsequently. Under emergency conditions, obviously, you delegate extraordinary authority for me to keep things going in your absence. So I think the Board has anticipated some of those kind of breaks and have made provisions in your ordinances and your resolutions to give me the tools to keep the wheels turning, if you will. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN TAYLOR: Thank you. COMMISSIONER LoCASTRO: Well, my comment would be I really appreciate Commissioner Saunders being a regular Facebook visitor of my page, because I think he'll actually learn a lot if you get out and actually talk to the public. And I agree with you, I think the public does understand what's happening, and in the 20 town hall meetings that I've had in my first March 23, 2021 Page 166 90 days, I certainly have heard a lot from the public. So I would encourage you get out there and maybe do, you know, more face to face than just, you know, a Zoom town hall meeting once in a while. In reference to Tony Smith, let's talk some facts. So I appreciate how you've encapsulated and briefly put together what would make your point seem to make sense, but let me talk to you about reality. We have an airport that we're cutting the ribbon on that's a year and a half behind schedule. And much like Tony Smith's negotiations, I appreciate what the County Manager is saying, but those dragged out an inordinate amount of time. And you're saying Tony dragged them out, then we should have been smart enough to tell him, you know, hey, you're one and done. He also talks about, and it's been corroborated to me, that, you know, he was on the higher end of the percentage that was taken from his -- or being asked, you know, from his revenue at Tigertail Beach, and for somebody that had that many years of service and also knowing that if we lost Tony and you put this thing out for bid, you wouldn't get 40 contractors. I mean, we got two bids. One person dropped out. So I wouldn't sit here and pat ourselves on the back that we're replacing Tony Smith after a vigorous competitive contract bid. I mean, I hope this person that's coming from Orlan do can do half as good a job as Tony did. And it's either him or nobody. And I live out on -- at Marco, so I don't know how much, you know, everybody else goes out there. But seeing that place shut down, I wouldn't pat ourselves on the back that we're doing great work. We've got folks out there that can't get food, can't rent kayaks. And regardless of what you think about Tony Smith and the wonderful job by the staff, even the Parks and Recs folks that I sat down with, you know, admitted that there was sort of a lot of consternation back and forth because we didn't like Tony very much. March 23, 2021 Page 167 Well, you know, let's be big girls and boys and run this place like a business. And if he was jacking us around for four months, then we show him the door four months earlier but make sure we know what we're doing. You know, we've had no competition, and basically we're being force fed, you know, a new contractor, and I can tell you he's not going to be any kind of Tony Smith. But I get out, and I do talk to the public. And the reason that they talk about the vacation putting people behind is if you talk to developers and contractors and whatnot -- and if it's perception, then we're doing a very poor job of advertising, you know, what a wonderful thing it is to not have county commissioners for two months, and it has zero effect on anything. Because when I talk to developers and folks that are waiting on permits and whatnot, they say, when we come back in session, and a lot of other business of the county, it's stacked up. It's stacked up. So if that's not our perception, you might want to get out and talk to the public who actually are affected by what happens in this room. So it's great that we're sitting up here and saying how great and wonderful everything is. And I also think it's perception. I don't need a vote to be in here working, you know, throughout the whole year the way, like you said, the rest of the staff is. So I don't know why we're special. But I know myself and Commissioner McDaniel, I think, are going to be here throughout the summer. You know, I would never, you know, say in this chamber that if we cancel summer vacation, quote, I won't be here. I would have been embarrassed, you know, to say that. But I stand by my comments. I'm glad that Commissioner Saunders is educating himself on what's going on in the real world by reading my Facebook page. I stand by every comment there, because it wasn't something I made up. It's something I heard from March 23, 2021 Page 168 the people. And even from our own staff who admitted behind closed doors the things they would do different. And so I think, you know, that's why you have an airport that's a year and a half behind schedule and that's why we have Tigertail out there sitting for many, many, many months not, you know, serving our wonderful people that are out there. So, you know, I wouldn't give yourselves any gold stars up here. The things that I've said that are positives are facts, and I stand by every comment that I've made whether it's been on Facebook or to constituents. So enough said. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Madam Chair, not to belabor this any more, but I think -- I think we just heard what's behind this; that developers and contractors are complaining about -- COMMISSIONER LoCASTRO: Well, they're citizens, too. COMMISSIONER SOLIS: -- things not meeting through the summer. There isn't one infrastructure project, there are no permits that are delayed, none of that happens. And to a person, I have never heard of a constituent in District 1 or even district -- any district, 1 through 5, say that what we should be doing is hearing zoning and development matters through the summer, and if that's what's behind that, I'd like to get that on the table, because -- COMMISSIONER LoCASTRO: You should come to my town hall meetings. COMMISSIONER SOLIS: Absolutely. You should come to mine, because that is the number-one request that we not do. COMMISSIONER LoCASTRO: Really? Wow. COMMISSIONER SOLIS: Yes. In fact, the request is always do not do -- do not do any of those meetings outside of just the season. COMMISSIONER LoCASTRO: Well, then congratulations. March 23, 2021 Page 169 It passed, so I don't know why you're continuing to beat a dead horse. Let's support the vote. COMMISSIONER SOLIS: That was -- that was something that was -- your predecessor was adamant about because that's what her constituents always said to her. COMMISSIONER LoCASTRO: Well, they told her a lot of things as well that I'm hearing different. But I'd say it's a moot point. We voted, and it's one decision, one voice. So I don't know why, you know, you're trying to beat a dead horse to try to, you know, pat yourselves on the back. We voted for it. I support it. There's going to be continued summer break for all the reasons that the three of you stated who voted for it. So, you know, move on. The vote's done. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: Just to wrap up, I will continue to read the Facebook posts. I don't think I'll learn anything. But if there's something that's incorrect, I will bring it back. COMMISSIONER LoCASTRO: Yeah. Well, that's a point of opinion. CHAIRMAN TAYLOR: All right. On that note, we're adjourned. **** Commissioner Solis moved, seconded by Commissioner LoCastro and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 – Continued indefinitely (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE THE ISSUANCE OF A RIGHT-OF-WAY (ROW) PERMIT TO CREATE A DESIGNATED PARKING AREA WITHIN THE ROW ON A SPECIFIC March 23, 2021 Page 170 SEGMENT OF HAMILTON AVENUE FROM THOMASSON DRIVE TO BAY STREET. (THIS IS A COMPANION TO AGENDA ITEM #16C1, ALL ITEMS MUST BE EITHER APPROVED OR DENIED TOGETHER ON TODAY’S AGENDA) – CREATING A PARALLEL PARKING AREA Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ADDISON PLACE, PL20180002227, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON NOVEMBER 25, 2020 Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR STAYBRIDGE SUITES, PL20180003442, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $14,319.58 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION March 23, 2021 Page 171 FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON FEBRUARY 5, 2021 Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR AVE MARIA SCHOOL OF LAW SPORTS COMPLEX, PL20190002227, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,179.07 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON FEBRUARY 8, 2021 Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR OLYMPIA PARK PLAZA UNIT 300, PL20210000253 – FINAL INSPECTION FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON FEBRUARY 11, 2021 Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ADDISON PLACE EXPANSION, PL20190001502, ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES March 23, 2021 Page 172 PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,896.36 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON FEBRUARY 5, 2021 Item #16A7 RECORDING THE FINAL PLAT OF DEL WEBB NAPLES PARCELS 205-208, (APPLICATION NUMBER PL20200001578) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A8 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $17,800 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20200001441) FOR WORK ASSOCIATED WITH TOLLGATE PLAZA PARKING LOT – LOCATED OFF OF BECK BOULEVARD Item #16A9 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $72,400 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20200001503) FOR WORK March 23, 2021 Page 173 ASSOCIATED WITH SKYSAIL - PHASE ONE – OFF OF OIL WELL ROAD Item #16A10 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $54,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20200001503) FOR WORK ASSOCIATED WITH TREE FARM Item #16A11 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $1,200 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20200002263) FOR WORK ASSOCIATED WITH NAPLES CLASSICAL ACADEMY Item #16A12 AN AGREEMENT FOR THE PURCHASE OF LAND (PARCEL 207FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION (PROJECT NO. 60168) Item #16A13 THE RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN ACCRUED VALUE OF $171,318.98 FOR PAYMENT OF $5,118.98 IN THE CODE ENFORCEMENT ACTION TITLED, BOARD OF COUNTY COMMISSIONERS V. LSF9 MSTR March 23, 2021 Page 174 PARTICIPATION TRUST, RELATING TO PROPERTY LOCATED AT 4070 29TH AVE NE, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS THAT WERE BROUGHT INTO COMPLIANCE ON OCTOBER 26, 2020 Item #16A14 A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF $138,880.17 (PROJECTS #60066, #60085, #60088, #69331, #69333, #69336, #69339, AND #69338) Item #16A15 CHANGE ORDER NO. 4 TO AGREEMENT NO. 06-4000 WITH JACOBS ENGINEERING GROUP, INC., (F/K/A CH2M HILL) IN THE AMOUNT OF $499,810, FOR MODIFICATIONS TO THE VANDERBILT BEACH ROAD EXTENSION PROJECT CONSISTENT WITH BOARD APPROVED ALIGNMENT (PROJECT NO. 60168) Item #16B1 THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE BOARD OF COUNTY COMMISSIONERS REVIEW AND ACCEPT THE 2020 ANNUAL REPORTS FOR THE TWO COMPONENT AREAS: BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE COMMUNITY March 23, 2021 Page 175 REDEVELOPMENT AREAS (CRA) AND PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES Item #16C1– Continued indefinitely (Per Agenda Change Sheet) RECOMMENDATION TO APPROVED THE ATTACHED AMENDMENTS OF CONSERVATION EASEMENTS THAT WERE DEEDED BY NAPLES BOTANICAL GARDEN (NBG) TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) AND COLLIER COUNTY (COUNTY), AND BY NBG TO SFWMD. (THIS IS A COMPANION ITEM TO AGENDA ITEM #16A1, ALL ITEMS MUST BE EITHER APPROVED OR DENIED TOGETHER ON TODAY’S AGENDA) Item #16C2 AWARD AN AGREEMENT FOR INVITATION TO BID (“ITB”) NO. 21-7832, COCOHATCHEE RIVER PARK FUEL TANK REPLACEMENT PROJECT, TO ATC GROUP SERVICES LLC, IN THE AMOUNT OF $216,500 AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT AND RELATED BUDGET AMENDMENTS Item #16C3 THE DOCUMENT NECESSARY TO CONVEY AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY OVER PROPERTY OWNED BY COLLIER COUNTY AT THE PROPOSED HERITAGE BAY GOVERNMENT CENTER SITE Item #16C4 March 23, 2021 Page 176 AMENDMENT NO. 3 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO CONTINUE LEASING OFFICE SPACE FOR TOURISM ON HORSESHOE DRIVE NORTH FOR ONE ADDITIONAL YEAR Item #16C5 A LEASE AGREEMENT WITH AMERICAN NATIONAL INSURANCE COMPANY TO RELOCATE THE OFFICE FOR PELICAN BAY SERVICES TO ANOTHER OFFICE WITHIN THE SUNTRUST BANK BUILDING IN PELICAN BAY, AND TO APPROVE A SUBLEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE PELICAN BAY FOUNDATION Item #16C6 AWARD INVITATION TO BID NO. 21-7833 “GOLDEN GATE COMMUNITY PARK POOL RECONSTRUCTION AND RESTROOM ALTERATION” TO COMPASS CONSTRUCTION, INC., IN THE AMOUNT OF $958,060, AUTHORIZE THE CHAIR TO EXECUTE THE CONSTRUCTION SERVICES AGREEMENT, AND APPROVE THE BUDGET AMENDMENT Item #16C7 AWARD AN AGREEMENT TO SCHENKEL & SHULTZ INC., FOR REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-7753, “DESIGN SERVICES FOR COLLIER COUNTY EMS STATIONS,” IN THE AMOUNT OF $713,680 FOR TWO NEW EMERGENCY MEDICAL SERVICES STATIONS APPROVED IN THE INFRASTRUCTURE SALES TAX PROGRAM March 23, 2021 Page 177 Item #16D1 ACCEPT AND APPROPRIATE A FIDELITY CHARITABLE DONOR-ADVISED FUND GRANT OF $100 TO SUPPORT THE COLLIER COUNTY PUBLIC LIBRARY AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16D2 A BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD OF RESIDUAL FUNDS FROM THE 4-H YOUTH DEVELOPMENT PROGRAM FUNDING RECEIVED BY THE PUBLIC SERVICES UNIVERSITY EXTENSION SERVICES DIVISION Item #16D3 THE CHAIRPERSON TO SIGN THE FIRST AMENDMENT TO THE GRANT-FUNDED HVAC INSTALLATION SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING AUTHORITY TO EXTEND THE AGREEMENT, MODIFY THE FEDERAL AWARD IDENTIFICATION NUMBER AND CLARIFY THE MATCH LANGUAGE – INSTALL THE UNITS TO AT LEAST 49 UNITS IN SECTIONS A & B AT FARM WORKER VILLAGE IN IMMOKALEE Item #16D4 THE CHAIRMAN TO SIGN THE FIRST AMENDMENT OF THE March 23, 2021 Page 178 SUB-AWARD AGREEMENT BETWEEN COLLIER COUNTY AND THE INSTITUTE FOR INTERGOVERNMENTAL RESEARCH FOR THE BUILDING BRIDGES BETWEEN JAILS AND COMMUNITY-BASED TREATMENT FOR OPIOID USE DISORDER DEMONSTRATION PROJECT – EXTENDING THE AGREEMENT TO AUGUST 31, 2021, DUE TO COVID RESTRICTIONS IMPLEMENTED BY JAILS LIMITING INMATE ACCESS TO SERVICE PROVIDERS Item #16D5 ACCEPT REVENUE FOR A COLLIER AREA TRANSIT BUS SHELTER IN THE AMOUNT OF $65,000 AND TO APPROVE ALL NECESSARY BUDGET AMENDMENTS – FROM THE COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC. FOR A BUS STOP LOCATED ON US 41 BETWEEN RIDGE DRIVE AND MYRTLE ROAD Item #16D6 THE CHAIRPERSON TO SIGN AN AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC., D/B/A, HELP TO PROVIDE ADMINISTRATION OF A MORTGAGE AND UTILITY ASSISTANCE PROGRAM THROUGH THE COLLIER COUNTY ASSISTANCE FUNDS TO BENEFIT INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE CORONAVIRUS PANDEMIC – EACH APPROVED HOUSEHOLD WILL RECEIVE $495 Item #16D7 March 23, 2021 Page 179 AN “AFTER-THE-FACT” AGREEMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT FUNDING UNDER THE OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS PROGRAM AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16D8 A PURCHASE ORDER TO CAPITAL CONTRACTORS, LLC UNDER AGREEMENT NO. 19-7525, “ANNUAL AGREEMENT FOR GENERAL CONTRACTORS,” TO BE FUNDED BY THE VANDERBILT BEACH MUNICIPAL SERVICE TAXING UNIT (MSTU) IN THE AMOUNT OF $229,853.35, FOR THE CONSTRUCTION OF PAVER SIDEWALKS AT THE SOUTHWEST AND NORTHWEST CORNERS OF VANDERBILT DRIVE AND BLUEBILL AVE Item #16D9 FIFTH AMENDMENT TO AGREEMENT NO. 19-002-WV BETWEEN COLLIER COUNTY AND BENEVATE, INC., FOR GRANT MANAGEMENT SOFTWARE TO SUPPORT THE EMERGENCY RENTAL ASSISTANCE AND THE COLLIER COUNTY ASSISTANCE PROGRAM, AUTHORIZE THE EXPENDITURES UNDER THE WAIVER, AND AUTHORIZE THE CHAIR TO SIGN THE AMENDMENT Item #16D10 March 23, 2021 Page 180 AN “AFTER-THE-FACT” GRANT APPLICATION FOR A 3- YEAR FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT IN THE AMOUNT OF $1,200,000 Item #16D11 THE CHAIRPERSON TO SIGN A RELEASE OF LIEN FOR A UNIT THAT IS NO LONGER SUBJECT TO THE TERMS OF THE AFFORDABLE HOUSING DENSITY BONUS PROGRAM – LOCATED AT 4430 BOTANICAL PLACE, UNIT 104, NAPLES Item #16E1 ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) AND PERMIT FOR A CLASS 1 (ALS TRANSPORT/ALS RESCUE) AND CLASS 2 (ALS INTRA- FACILITY ALS AMBULANCE TRANSPORT) FOR THE SEMINOLE TRIBE FIRE RESCUE DEPARTMENT WITHIN THE BOUNDARIES OF THE SEMINOLE TRIBE IN IMMOKALEE – WHICH EXPIRES ON APRIL 28, 2022 Item #16E2 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – FOR 2 CHANGE ORDERS, NO AMENDMENTS AND 1 AFTER-THE-FACT MEMO W/FISCAL IMPACT OF $2,821.50 FOR ADDITIONAL SERVICES March 23, 2021 Page 181 Item #16E3 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F1 A REPORT COVERING TWO BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – FOR AN X-RAY ENCLOSURE AT DOMESTIC ANIMAL SERVICES Item #16F2 RESOLUTION 2021-59: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY20-21 ADOPTED BUDGET Item #16G1 SUBMITTAL OF FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT CORONAVIRUS RESPONSE GRANT PROGRAM (ACRGP) GRANT APPLICATIONS TO REQUEST ELIGIBLE FUNDS UNDER THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT (PUBLIC LAW 116-260) (CRRSAA) IN THE AMOUNT OF March 23, 2021 Page 182 $23,000 FOR THE MARCO ISLAND EXECUTIVE AIRPORT (MKY) AND $13,000 FOR THE IMMOKALEE REGIONAL AIRPORT (IMM) Item #16G2 RESOLUTION 2021-60: A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) G0Z16 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO EXTEND THE END DATE OF THE AGREEMENT FOR THE SECURITY ENHANCEMENTS AT THE IMMOKALEE REGIONAL AIRPORT FROM JUNE 30, 2021 TO DECEMBER 31, 2021 TO PROVIDE SUFFICIENT TIME FOR PROJECT COMPLETION Item #16H1 PROCLAMATION DESIGNATING MARCH 18 - 28, 2021 AS THE 45TH ANNIVERSARY OF THE COLLIER FAIR. THE PROCLAMATION WILL BE MAILED TO RHONDA WARD, COLLIER FAIR MANAGER Item #16H2 PROCLAMATION DESIGNATING APRIL 17 - 24, 2021 AS PICKLEBALL WEEK IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO TERRI GRAHAM, CO- FOUNDER OF MINTO US OPEN PICKLEBALL CHAMPIONSHIPS March 23, 2021 Page 183 Item #16H3 PROCLAMATION DESIGNATING MARCH 2021 AS AMERICAN RED CROSS MONTH IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO JILL PALMER, EXECUTIVE DIRECTOR, AMERICAN RED CROSS - FLORIDA GULF COAST TO HEARTLAND CHAPTER Item #16H4 PROCLAMATION DESIGNATING APRIL 2021 AS CHILD ABUSE PREVENTION MONTH IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO LAURA LAFAKIS, ASSOCIATE DIRECTOR OF DEVELOPMENT, YOUTH HAVEN, INC. Item #16H5 PROCLAMATION DESIGNATING APRIL 5 - 9, 2021 AS NATIONAL COMMUNITY DEVELOPMENT WEEK IN COLLIER COUNTY. THE PROCLAMATION WILL BE DELIVERED TO KRISTI SONNTAG, DIRECTOR, COMMUNITY AND HUMAN SERVICES DIVISION Item #16I1 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 23, 2021 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Cedar Hammock Community Development District: Meeting Agenda 09/08/2020; 10/12/2020; 11/09/2020; 12/14/2020 Meeting Minutes 09/08/2020; 10/12/2020; 11/09/2020; 12/14/2020 2) Immokalee Water & Sewer District: FY20/21 District Board Meeting Schedule; 2019 Public Facilities Report; 2020 Public Facilities Report B. OTHER: March 23, 2021 Page 184 Item #16J1 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 FEBRUARY 25, 2021 AND MARCH 10, 2021 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 17, 2021 Item #16K1 THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED JOSE CRUZ V. COLLIER COUNTY BOARD OF COMMISSIONERS, (CASE NO. 19-CA-3739), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $60,000 – FOR A MOTOR VEHICLE ACCIDENT THAT OCCURRED ON MARCH 30, 2017 ON DAVIS BLVD. Item #16K2 A PRE-SUIT MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL AMOUNT OF $105,669 FOR THE TAKING OF March 23, 2021 Page 185 PARCEL 1165FEE, REQUIRED FOR THE VANDERBILT BEACH ROAD EXPANSION PROJECT [PROJECT NO. 60168] Item #16K3 RESOLUTION 2021-61: APPOINTING REBECCA ANN GATIAN AND REAPPOINTING ROBERT CHALHOUB AND GEORGE RUSSELL WEYER ALL WITH TERMS EXPIRING ON MAY 15, 2025 TO THE HEALTH FACILITIES AUTHORITY Item #16K4 RESOLUTION 2021-62: REAPPOINTING DEVON BROWNE WITH TERM EXPIRING ON MARCH 22, 2024 TO THE PUBLIC TRANSIT ADVISORY COMMITTEE Item #16K5 RESOLUTION 2021-63: APPOINTING DAVID MANGAN REPRESENTING THE COMMERCIAL/BUSINESS INTERESTS AND APPOINTING JOHN CULLEN, SUSAN LYONS HAMILTON, AND MICHAEL LEE RODBURG, AND REAPPOINTING JOSEPH CHICUREL REPRESENTING RESIDENTIAL INTEREST ALL WITH TERMS EXPIRING ON MARCH 31, 2025 TO THE PELICAN BAY SERVICES DIVISION BOARD Item #16K6 RESOLUTION 2021-64: APPOINTING JOHN M. SMITH WITH TERM EXPIRING ON MARCH 3, 2023 TO THE BAYSHORE March 23, 2021 Page 186 BEAUTIFICATION ADVISORY COMMITTEE Item #17A ORDINANCE 2021-15: PL20200001448, CITY GATE PUDA- RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT; BY INCREASING THE DEVELOPMENT INTENSITY FOR THE SPORTS COMPLEX EXTENSION LOT BY ADDING ±10,000 SQUARE FEET FOR MEDICAL OFFICE USES FOR COLLIER COUNTY EMPLOYEES ONLY; BY INCREASING THE ACTUAL HEIGHT FOR THE SPORTS COMPLEX PROJECT AND CERTAIN LOTS EAST OF THE FPL EASEMENT TO 100 FEET; BY AMENDING THE DEVELOPMENT STANDARDS AND DEVIATIONS; BY INCREASING THE TRIP LIMITATION FOR THE SPORTS COMPLEX EXTENSION LOT; BY UPDATING THE MASTER DEVELOPMENT PLAN TO SHOW THE CURRENT LOT CONFIGURATION AND RELOCATION OF CITY GATE BOULEVARD SOUTH. THE SUBJECT PROPERTY CONSISTING OF 419.60± ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION ITEM TO DEVELOPMENT ORDER AMENDMENT PETITION PUDA- PL20200002056, AGENDA ITEM #17B.) [PL20200001448] Item #17B March 23, 2021 Page 187 DEVELOPMENT ORDER 2021-01/RESOLUTION 2021-65: PL20200002056, CITY GATE COMMERCE PARK DRI - RECOMMENDATION TO APPROVE A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS TO ADD ±10,000 SQUARE FEET OF MEDICAL OFFICE USES TO THE DRI; AMENDMENT TO THE MASTER DEVELOPMENT PLAN; AND INCREASE THE TRIP CAP LIMITATION; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 419.60+ ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION ITEM TO PLANNED UNIT DEVELOPMENT AMENDMENT PETITION PUDA-PL20200001448, AGENDA ITEM #17A) [PL20200002056] Item #17C ORDINANCE 2021-16: AMEND ORDINANCE NO. 2021-02, THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE ORDINANCE, TO INCREASE THE MEMBERSHIP OF THE PRODUCTIVITY COMMITTEE FROM NINE TO ELEVEN MEMBERS March 23, 2021 Item #17D RESOLUTION 2021-66: RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY20-21 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:24 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 4114- PENNY TAY OR, CHAIRMAN ATTEST'`‘r .CRYSTAL K.`1INZEL, CLE 3 ee/UAALIA, r' r le% Uv fo( ha rt-Aifs These minutes appr d by the Board on 1131 , as presented or as corrected Page 188