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BCC Minutes 09/27/2022 RSeptember 27, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 27, 2022 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis Penny Taylor PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations 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 September 27, 2022 9:00 AM Commissioner William L. McDaniel, Jr., District 5; – Chair – CRAB Co-Chair Commissioner Rick LoCastro, District 1; – Vice Chair Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4; – CRAB Co-Chair 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 MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE Page 2 September 27, 2022 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN Page 3 September 27, 2022 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. Invocation by Senior Pastor Heath Jarvis of Faith Life Worship Center 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.) 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) 20 years, Frank Inzano - Wastewater - Power Systems Manager b) 20 Years, Troy Miller - Communications, Government & Public Affairs - Manager of Television Operations c) 20 Years, Michael Sawyer - Capital Project Planning & Impact Fees - Project Manager 2) 25 YEAR ATTENDEES a) 25 Years, Mary Topoleski - Parks & Recreation - Supervisor of Community Centers 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES Page 4 September 27, 2022 B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Paul Fleig, in the Parks and Recreation Division, as the August 2022 Employee of the Month. 4. PROCLAMATIONS A. Proclamation designating October 2022 as Careers in Construction Month. To be accepted by Amelia Vasquez, Kathy Curatolo, JP Coleman, Matt Sellick, Eric Morris and Robert McGinnis. B. Proclamation designating October 2022 as Safe Infant Sleep Month in Collier County. To be accepted by Kimberly Kossler, Kristine Hollingsworth, Lisa Adamczyk, Paula DiGrigoli, and Coral Vargas. C. Proclamation designating September 2022 as National Suicide Prevention Awareness Month in Collier County. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to adopt an Ordinance creating the Immokalee Road Rural Village Overlay (IRRVO) by amending Ordinance 89-05, as amended, the Collier County Growth Management plan of the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and map series and Conservation and Coastal Management Element to create the IRRVO, to redesignate 585.13 acres of Rural Fringe Mixed-Use District-Receiving Lands to Sending Lands, of Page 5 September 27, 2022 which 578 acres are designated pursuant to the Hussey Settlement agreement, resulting in 210.78± acres of Neutral Lands, 1991.36± acres of Receiving Lands and 585.13± acres of Sending Lands; to allow development either per the Land Development Code or per the IRRVO at a maximum of 4042 dwelling units; if developed per the IRRVO: a minimum of 3,000 dwelling units will be located in the Receiving Lands, a minimum of 25,000 s. f. and a maximum of 125,000 s. f. of civic, institutional, government uses will be allowed in the village center of Receiving Lands, a minimum of 50,000 square feet and a maximum of 250,000 s. f. of commercial uses permitted by right and conditional use in the Commercial Professional and General Office District (C-1) through General Commercial District (C-4) Zoning Districts will be allowed in the village center of Receiving Lands, with all non-residential uses subject to a cap of 375,000 s. f. in the Receiving Lands; and if developed per the IRRVO, to provide for calculation of density and greenbelt and native vegetation requirements; furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 2787.27± acres and located on the 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, 35, and 36, Township 47 South, Range 27 East, Collier County, Florida. PL20180002660 (District 5) B. Recommendation to consider an Ordinance to establish a Notice to Tenant Ordinance relating to landlords providing written notice of rent increases over 5% to tenants with leases of one year or longer. (All Districts) 10. BOARD OF COUNTY COMMISSIONERS A. This Item continued from the September 13, 2022, BCC Meeting. Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2022-38 which finds that the proposed use of self- storage/mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501) (Sponsored by Commissioner LoCastro) (District 1) Page 6 September 27, 2022 B. Recommendation to have the Board discuss the proposed US41 East Zoning Overlay impacts upon self-storage facilities along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement the East Naples Community Development Plan, as accepted by the Board in October 2020. (Sponsored by Commissioner LoCastro) (District 1, District 4) 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (“ITB”) No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal” to Douglas N. Higgins Inc., in the amount of $16,806,410.00, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment. (Companion to item 11B) (Matthew McLean, Director, Engineering and Project Management Division) (District 2) B. Recommendation to approve a $1,146,154.00 purchase order to Stantec Consulting Services, Inc., under Professional Services Agreement Number 14-6345, for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 105th and 106th Avenues North. (Project Numbers 60139 and 70120) (Companion to item 11A) (Matthew McLean, Director, Engineering and Project Management Division) (District 2) C. Recommendation to approve the Cycle 11A Conservation Collier Active Acquisition List (AAL) and direct staff to pursue projects recommended within the A-Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). (Summer Araque, Principal Environmental Specialist, Conservation Collier Program) (All Districts) D. Recommendation to approve an interfund transfer for payment from Sports Complex Capital Fund (370) to Wastewater User Fee Capital Fund (414) in the amount $2,234,948 towards acquisition of 122.41 acres of land now occupied by the Collier County Sports Complex. (Jennifer A. Belpedio, Esq., Manager, Real Property Management, Facilities Management Division) (District 3, District 5) E. Recommendation to terminate for convenience of Revenue Generating Agreements 20-7707R and 21-7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. Page 7 September 27, 2022 (District 1, District 2) 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney (All Districts) Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2025. (All Districts) 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. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING B. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. Consent Agenda - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ----------------------------------------------------------------------------------------------------------- A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve the release of a code enforcement lien, with an accrued value of $294,059.77 for payment of $29,500, in the code enforcement action titled Board of County Commissioners v. Union Road LLC., Code Enforcement Board Case No. Page 8 September 27, 2022 CEPM20160004343, relating to property located at 12400 Union Rd., Collier County, Florida. (District 1) 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $518,260, and a Performance Bond in the amount of $342,880 which were posted as a guaranty for Excavation Permit Numbers 59.932-6, PL20150001148; 59.932.7, PL20150001152; 59.932.10, PL20170000767, for work associated with Orange Blossom Ranch. (District 5) 3) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Haldeman Luxury Apartments, PL20210002656. (District 1) 4) Recommendation to approve final acceptance of the potable water and sewer facilities for Briarwood Apartments Multi Family Development, PL20200000999, accept the conveyance of a portion of the potable water and sewer facilities, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $67,262.72 to the Project Engineer or the Developer’s designated agent. (District 4) 5) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Tamarindo, PL20220000962. (District 1) 6) Recommendation to approve final acceptance of the water facilities, and accept the conveyance of the water facilities for Carman Drive, PL20220003325. (District 1) 7) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Esplanade by the Islands – Zeno Way, PL20200000517 and authorize the County Manager, or 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 1) Page 9 September 27, 2022 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Hacienda North – Phase 1 (Application Number PL20210001119) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $6,996,940.05. (District 1) 9) Recommendation to approve and execute the attached Amendment to Developer Agreement to modify the timeframes of two commitments. (District 5) 10) Recommendation to approve a Resolution supporting the County’s applications to Florida Department of Environmental Protection for Long Range Budget Plan Requests for Beach Renourishment Projects for Fiscal Year 2023/2024 and make a finding that these projects promote tourism. This action maintains the County's eligibility for State Cost Share Funding for future renourishment projects. (All Districts) 11) Recommendation to review and approve the Fiscal Year 2022/2023 Capital Improvement Plan of the Big Cypress Basin, a part of the South Florida Water Management District (SFWMD). (All Districts) 12) Recommendation to direct staff to advertise and bring back for a public hearing at the October 25, 2022, Board Meeting, an Ordinance amending the Land Development Code, to change the mailed notification area for variance applications for properties located in both the Rural and Urban Golden Gate Estates Sub- Elements of the Golden Gate Area Master Plan. (All Districts) 13) Recommendation to approve a resolution authorizing the temporary closing of a portion of State Road 29 and determining that the closure is necessary for the Christmas Around the World Parade & Snow Festival hosted by the Immokalee Chamber of Commerce. This recommendation is to fulfill a requirement of the Florida Department of Transportation (FDOT) temporary road closure permit application. This event has been hosted by the Immokalee Chamber of Commerce for over twenty-five (25) years. This year the event will take place on Page 10 September 27, 2022 Saturday, December 10, 2022, from 4:30pm to 10pm. (District 5) 14) Recommendation to approve and authorize the Chairman to sign Non-Standard Agreement No. 22-037-NS for "Esri GIS Mapping Software & Maintenance" of geographic information system ("GIS") solutions with Environmental Systems Research Institute Incorporated (Esri), approve the increase of expenditures under the sole source Waiver in an amount not to exceed $400,000 per fiscal year, and authorize payment of the annual maintenance fees for the period from October 2, 2022, through October 1, 2023, in the total amount of $181,294.41. (All Districts) 15) This item continued from the September 13, 2022, BCC Meeting. Recommendation to review options to increase public awareness for new Site Development Plan and Site Development Plan Amendment applications. (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to authorize staff to advertise an Ordinance amending Ordinance 97-82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include approximately 62 acres. (District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve and adopt the FY2023 fee schedules established in the annual rate resolution for residential and commercial collection and disposal of solid waste and recycling at Collier County Solid Waste Facilities, including the landfill, transfer station, and recycling drop-off centers. The FY2023 rate resolution implements the 2021 Solid Waste Rate Study and Financial Forecast Report approved on July 13, 2021 - Agenda Item 11.F, as well as escalation of certain Franchisee fees in accordance with their contracts, with no other fiscal impacts to previous board adopted resolutions. (All Districts) 2) Recommendation to approve several agreements that allow Gulf Coast Junior Golf Tour, Inc. d/b/a The First Tee of Naples/Collier, a Florida not for profit corporation, (hereinafter “First Tee”) to Page 11 September 27, 2022 sublease, construct and operate the First Tee – Naples/Collier Learning Center (“Learning Center”) on a portion of the Golden Gate Golf Course property with a term of 99-years, and a right of first refusal in furtherance of the intent of the Board approved Collier County Standard Form Long-Term Lease and Operating Agreement with CC BSG Naples, LLC (“BigShots”). (District 3) 3) Recommendation to authorize and direct the County Attorney to pursue any and all legal action necessary to quiet title (clear title defects) for property located at 12323 Union Road, former location of the Port of the Islands Marina Hotel, including, but not limited to, filing a civil action in Circuit Court. (District 1) 4) Recommendation to approve a First Amendment to Master Sales Agreement # 18-7301-NS with Itron, Inc., to migrate the automated meter reading system pertaining to the utility system acquired from the Florida Government Utility Authority (“FGUA”) to Itron’s new Temetra web-based interface platform and authorize the Chairman to sign the amendment. (District 3) 5) Recommendation to: (1) authorize payment of outstanding invoices for Payment Application No. 30 for the months of June, July, and August 2022, for work performed under Agreement No. 19-7615- ST, by Astra Construction Services, LLC (“Astra”), to construct the Big Corkscrew Island Regional Park Phase I (the “Project’) under the theory of quantum meruit, and (2) to approve two separate administrative Change Orders to Q. Grady Minor & Associates and Wood Environmental & Infrastructure Solutions, Inc., for time and compensation for consulting work on the Project. (District 5) 6) Recommendation to accept a project update to NCWRF Headworks Project No. 70149 currently under design with AECOM Technical Services (“AECOM”) through Agreement No. 20-7722-NS. (District 2) 7) Recommendation to accept a project update on the Collier County Sport Complex being built under Agreement No. 17-7198, with Manhattan Construction (Florida), Inc., (Project 50156). (All Districts) Page 12 September 27, 2022 D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign the Second Amendment between Collier County and Collier Health Services, Inc., d/b/a Healthcare Network for the administration of the Community Development Block Grant – COVID program with a net $0 impact. (Grant Fund 705) (All Districts) 2) Recommendation to approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $23,000 and approve the associated Budget Amendment to appropriate repayment amount totaling $23,000. (SHIP Grant Fund 791) (All Districts) 3) Recommendation to approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between Rural Neighborhoods, Incorporated, and Collier County for the Housing Opportunities Center in Immokalee (Housing Grant Fund 705). (All Districts) 4) Recommendation to approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between the Collier County Housing Authority and Collier County under the U.S. Housing and Urban Development HOME Investment Partnerships Program to increase the agreement in the amount of $6,544.78, update language, and revise the period of performance. (Housing Grant Fund 705) (All Districts) 5) Recommendation to enact a resolution to authorize continued participation in the Local Provider Participation Fund for the Directed Payment Program and commence participation in the Graduate Medical Education Program. These programs will be solely funded by assessments on Collier County hospitals owned property or property used as a hospital not to exceed $5,578,033. Authorize the County Manager to sign Letter of Agreement in an amount not to exceed the total of $7,231,349 with the Agency for Health Care Administration and provide necessary Budget Amendments (All Districts) Page 13 September 27, 2022 6) Recommendation to approve and authorize the Chairman to sign the Second Amendment to the U.S. Housing and Urban Development Emergency Solutions Grants Program subrecipient agreement between Youth Haven, Inc., and Collier County Board of County Commissioners. (Housing Grant Fund 705) (All Districts) 7) Recommendation to terminate for convenience of Revenue Generating Agreements 20-7707R and 21-7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. (District 1, District 2) 8) Recommendation to approve and authorize the Chairman to execute the First Amendment to the Camp Host Volunteer Agreement for volunteers to reside on the property at the Conservation Collier Pepper Ranch Preserve during the course of their volunteer service starting on October 1, 2022. (District 5) 9) Recommendation to approve the submittal of the FY22-23 State Aid to Libraries Grant, 2023-2027 Strategic Plan, and authorize the Chairman to sign the grant agreement #23-ST-08 and all certifications required for the submission of the grant application to the Florida Department of State, Division of Library and Information Services for funding in the estimated amount of $165,389. (Public Services Grant Fund 709) (All Districts) 10) Recommendation to approve the termination of Federal Emergency Management Agency Hazard Mitigation Grant Program Sub- Recipient Agreements H0371 (Immokalee Sports Complex) and H0390 (North Collier Regional Park) between Collier County and the Florida Division of Emergency Management and authorize the Budget Amendments in the amount of $146,582.27 for the MSTU General Fund (111) and General Fund (001). (All Districts) 11) Recommendation to approve a Fifth Amendment to Agreement #19- 7537 “Affordable Housing Marketing Outreach Campaign” with Quest Corporation of America, Inc., adding $187,653.62 to support additional marketing and outreach service to support the Emergency Rental Assistance and American Recovery Program Assistance Programs, collectively the Collier County Community Assistance Program, and authorize the Chairman to sign the amendment. Page 14 September 27, 2022 (Collier Seniors Fund 123 and Marco Affordable Housing Fund 116) (All Districts) 12) Recommendation to approve a Low Income Pool (LIP) Letter of Agreement with the Agency for Health Care Administration (ACHA), in the amount of $396,376.99 and a companion agreement with Collier Health Services, Inc., (CHSI) to participate in the Medicaid Low Income Pool Program, generating $595,805.72 in federal matching funds that will provide additional health services for the citizens of Collier County; to authorize the County Manager or designee to sign and execute the AHCA LIP Letter of Agreement; and to authorize the Chairman to execute the companion agreement with CHSI. (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to adopt a Resolution establishing new FY2023 Pay and Classification Plans for the County Manager’s Agency, the County Attorney’s Office and non-union EMS effective October 8, 2022; to provide pay adjustments as needed to minimum and varying cost-of-living (COLA) increases to address market conditions; to provide continued authorization for the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed Pay and Classification Plans, using a point-factor job evaluation system and market data; to provide authorization for the continued use of the approved FY2022 Pay and Classification Plans through October 7, 2022 and to authorize any necessary budget amendments in FY2023. (All Districts) 2) Recommendation to approve the purchase of Flood Insurance for Fiscal Year 2023 in the estimated amount of $499,534. (All Districts) 3) Recommendation to approve the purchase of Liability, Automobile, Cyber and other miscellaneous insurance coverage for FY 2023 in the estimated premium of $932,224. (All Districts) 4) Recommendation to approve the purchase of Excess Workers’ Compensation Insurance for FY 2023 with Arch Insurance Company in the estimated annual amount of $206,333. (All Districts) Page 15 September 27, 2022 5) Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) for Ambitrans Medical Transport, Inc., to provide Class 2 Advanced Life Support (ALS) inter-facility transport ambulance service for a period of one year. (All Districts) 6) Recommendation to recommend a Certificate of Public Convenience and Necessity for Advanced Life Support (ALS) non-transport services for one year to the Greater Naples Fire Rescue District concurrent with the approval of an accompanying Interlocal Agreement (ILA) and authorize the Chairman to execute the ILA, Permit, and Certificate. (All Districts) 7) Recommendation to approve a resolution authorizing Intergovernmental Transfers (IGT) between Collier County EMS and the State of Florida Agency for Health Care Administration (AHCA) for FY23. (All Districts) 8) Recommendation to authorize a $500,000 Budget Amendment within EMS Fund (490) reallocating reserves to operating expenses. (All Districts) 9) Recommendation to approve a revised Resolution for Collier County Emergency Medical Services to reinstate a fee schedule for Specialty Care Transports (SCT). (All Districts) 10) This item continued from the September 13, 2022, BCC Meeting. Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) 11) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign a one-year extension to the Memorandum of Understanding between Page 16 September 27, 2022 the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida Inc., to provide local match funding in the amount of $75,000 in Fiscal Year 2023. (All Districts) 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the FY21-22 Adopted Budget. (All Districts) Resolution 2022-151 3) Recommendation to approve the Fourth Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. (All Districts) 4) Recommendation to approve and authorize the Chairman to sign the Twelfth Amendment to the Agreement for Medical Examiner Services (Agreement No. 11-5776 - Medical Examiner), which will extend the term of the Agreement to September 30, 2023. (All Districts) G. AIRPORT AUTHORITY (CONSENT) H. BOARD OF COUNTY COMMISSIONERS (CONSENT) 1) Proclamation designating October 10, 2022, as Republic of China (Taiwan) Day in Collier County. The proclamation will be mailed to the Taipei Economic and Cultural Office (TECO) in Miami, Florida. (Sponsored by Commissioner McDaniel) 2) Request the Board adopt a proposed resolution by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions; condemns all forms of discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender, creed, sexual orientation, or national origin; condemns any call to violence or use of violence for any purpose at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any person, property, or institution based on faith, race, gender, creed, sexual orientation, or national origin, and will provide to bigotry no sanction and to persecution no assistance. (Sponsored by Commissioner McDaniel) Page 17 September 27, 2022 (All Districts) I. MISCELLANEOUS CORRESPONDENCE 1) September 27, 2022, BCC Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to extend the 2022 Tax Roll at the request of Tax Collector Rob Stoneburner, CFC. (All Districts) 2) Recommendation to approve Tax Collector request for advance commissions in accordance with Florida Statute 192.102(1) for FY2023. (All Districts) 3) Report to the Board regarding the investment of County funds as of the quarter ended June 30, 2022. (All Districts) 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of September 21, 2022. (All Districts) 5) 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 September 1, 2022, and September 14, 2022, pursuant to Florida Statute 136.06. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairman to sign an amendment to a Cooperation Agreement with the South Florida Water Management District, Florida Forest Service, and the County, providing for a direct funding mechanism for payments to be made by South Florida Water Management District to Florida Forest Service. (All Districts) 2) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2022 - 2023 Action Plan for Jeffrey Page 18 September 27, 2022 A. Klatzkow, County Attorney. (All Districts) 3) Recommendation to approve a Retention Agreement for specialized legal services with the law firm of Ford & Harrison, LLP regarding matters involving collective bargaining/labor relations and employment law matters. (All Districts) 4) Recommendation to approve an Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc., for County Construction Projects, as needed. (All Districts) 5) Recommendation to appoint two members to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) ------------------------------------------------------------------------------------------------------------ 17. Summary Agenda -This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY21-22 Adopted Budget. (All Districts) B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the Fiscal Year 2022-23 Adopted Budget. (All Districts) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 18-25, the Mini-Triangle Mixed Use Planned Unit Development, to decrease commercial uses from Page 19 September 27, 2022 200,000 to a maximum of 130,000 square feet with a minimum of 15,000 square feet of office uses and a minimum of 30,000 square feet of other commercial uses; and to increase multi-family dwelling units by 114 units for a maximum of 491 dwelling units, all subject to a traffic cap; and remove movie theatre and bowling center uses; and by amending the master plan. The subject property is located near the southern corner of the intersection of Davis Boulevard and Tamiami Trail East, west of Commercial Drive in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 5.35± acres; and by providing an effective date. (Companion item to PL20210001101, 17D) [PL20210001100] (District 4) D. Recommendation to approve an Ordinance amending Ordinance No. 89- 05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element by amending the Mini-Triangle Mixed Use Sub- district of the urban mixed use district to decrease commercial uses from 200,000 to 130,000 and to increase multi-family dwelling units by 114 units for a maximum of 491 dwelling units, all subject to a traffic cap; and remove movie theatre and bowling center uses. The subject property is located near the southern corner of the intersection of Davis Boulevard and Tamiami Trail East, west of Commercial Drive in section 11, township 50 south, range 25 east, consisting of 5.35± acres; and furthermore, recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (Companion item PL20210001100, 17C) [PL20210001101] (District 4) 18. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. September 27, 2022 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: Good morning, everybody. Let's just go right ahead and go into our invocation and prayer. Mr. Jarvis -- Pastor Jarvis, would you please. PASTOR JARVIS: Thank you. CHAIRMAN McDANIEL: If everybody would rise. Item #1A INVOCATION GIVEN BY SENIOR PASTOR HEATH JARVIS OF FAITH LIFE WORSHIP CENTER PASTOR JARVIS: Good morning, everyone. Let's pray. Father in heaven, we come before you today thankful that we live in one of the most beautiful places on earth. We're thankful to see your hand of protection and provision on us here in Southwest Florida. Father, as a storm heads towards our area, we are reminded that you are the God who will not only see us through the storms of life, but you are also the God who tells us to speak to the wind and the waves and say peace be still. Lord, I pray for wisdom, safety, and protection for all of Florida from Hurricane Ian. Today, God, we have the opportunity to discuss some important topics that affect everyone who lives in this community, so we ask for your guidance as we discuss these issues, help us to discuss these things with civility, patience, and respect and, most of all, Lord, help us to make decisions that will best benefit Collier County, her citizens, and her future. Lord, I also pray for the leadership here in Collier County. They have important conversations ahead of them today and the responsibility to make wise decisions on behalf of our community. I pray for your peace over them, and I pray blessings over their September 27, 2022 Page 3 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 we ask for it this morning, and we receive it thankfully by faith. And, Lord, I pray this according to your word, and I pray it in the name and authority of Jesus Christ. Amen. CHAIRMAN McDANIEL: Amen. Nice prayer. Commissioner Saunders, will you lead us this morning. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: And as we're taking our seats, I know Pastor Heath for a long time, and that was Pastor Heath Jarvis of the Faith Life Worship Center. Thank you. Appreciate that very much. MS. PATTERSON: Chair, I believe you wanted to observe a moment of silence for two of our colleagues. CHAIRMAN McDANIEL: Yes, please. Commissioner Saunders, do you want to say a few words before we do? COMMISSIONER SAUNDERS: Yeah. Just one quick comment. Dave Lykins, who worked as my assistant for six years, passed away suddenly about a week ago. Dave was a very committed public servant. He had has worked for the City of Naples for a number of years, retired and -- pardon me -- and came to work for me when I first got elected in 2016. He truly was a wonderful man. Everyone he interacted with only had really wonderful things to say about him, and he is truly missed. And I hope that he and his family -- his family are doing well. They're up in Kentucky. And, Mr. Chairman, I appreciate the moment of silence. CHAIRMAN McDANIEL: Absolutely. And the other? MS. PATTERSON: Chief Choate lost his son, from September 27, 2022 Page 4 Immokalee Fire. CHAIRMAN McDANIEL: Our friend Chief Choate of the Immokalee Fire Department's son was killed in a car accident over the weekend. Yeah. Jiminy Christmas. So, 'tis the season for a prayer, ladies and gentlemen. If you would please rise. (A moment of silence was observed.) CHAIRMAN McDANIEL: Amen. And there's a lot of reasons for us to be praying these days, especially with anybody that's watching The Weather Channel. So keep our friends in the northern end of Tampa and such in our prayers as well. They're staring at this thing right now. So, County Attorney, if you want to -- do we have any business that we're actually going to conduct today? MS. PATTERSON: We do have a few items, sir. CHAIRMAN McDANIEL: Yes, ma'am. MS. PATTERSON: I think first order of business is for me to take you through the change sheet. CHAIRMAN McDANIEL: Yes, ma'am. Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – MOTION TO APPROVE BY COMMISSIONER TAYLOR; SECONDED BY COMMISSIONER LOCASTRO – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: There are quite a few items being moved so we can move this agenda along. CHAIRMAN McDANIEL: Yeah. September 27, 2022 Page 5 MS. PATTERSON: First is add-on Item 5A. This is an update on the status of Hurricane Ian and its potential impact on Collier County. This is being added at Board direction and staff's request. We have add-on Item 10C which is a recommendation to appoint Randy Sparrazza as a member to the Collier County Planning Commission representing Commission District 1. So it's added at Commissioner LoCastro's request. Continue Item 9B to the October 11th, 2022, BCC meeting. This is a recommendation to consider an ordinance to establish a notice to tenant ordinance relating to landlords providing written notice of rent increases over 5 percent to tenants with leases of one year or longer. This is being moved at Commissioner LoCastro's request. Continue Item 10A to the October 11th, 2022, BCC meeting. This was continued from the September 13th, 2022, meeting. It's a request for the Board to appeal the Hearing Examiner's decision in Hearing Examiner Decision No. 2022-38, which finds that the proposed use of self-storage/mini warehousing indoor is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed-Use Planned Unit Development. CHAIRMAN McDANIEL: Breath. COMMISSIONER SAUNDERS: On that particular item, a question for the County Attorney. I have no issues with it being continued, but I want to make sure we're not missing a time frame. And I understand legal counsel for the property owner has agreed to an extension of the required time period. I just want to make sure we're not missing -- MR. KLATZKOW: Yeah. I'd like the agreement by the property owner's counsel to be on the record just -- I know he's present. If he can just be asked. COMMISSIONER LoCASTRO: He sent us an email last September 27, 2022 Page 6 night. But, Noel, if you'll -- MR. DAVIES: Good morning. Noel Davies on behalf of the property owner for this item, Item 10A and, for the record, my client is agreeable to extend today's discussion on this item to your October 11th meeting in light of the hurricane. COMMISSIONER SAUNDERS: But also to extend the time period for filing -- for us to have the appeal. MR. DAVIES: Right. So there's a 30-day filing for the county to file an appeal. That 30 days will have run just before your October 11th meeting. So we're not objecting to this being heard and potentially appealed subject to your normal process and to a majority vote at that time. COMMISSIONER SAUNDERS: So you are agreeing that that time period is extended so we can hear this? MR. DAVIES: Correct, correct. COMMISSIONER SAUNDERS: I just want to make sure on the record that that was clear. COMMISSIONER LoCASTRO: And if I can just say, I pulled quite a few things off of the agenda today to include this one. He sent us a very -- he sent me and a few others a detailed email last night echoing all that. So we'll put that in the record. And the things I've pulled off, I just think with the hurricane, you know, coming near us, anything that's up for, you know, debate, whether it's a 60-day rental ordinance or other things, there's citizens that told us they wanted to be here and couldn't and things like that. So it's nothing personal or -- CHAIRMAN McDANIEL: Thank you, Noel. COMMISSIONER LoCASTRO: It's just priorities. CHAIRMAN McDANIEL: We're all good. (Simultaneous crosstalk.) MR. DAVIES: It's important to me and my client that you September 27, 2022 Page 7 discuss more important business. COMMISSIONER LoCASTRO: Thanks, Mr. Davies. CHAIRMAN McDANIEL: Thank you. Let's finish up our agenda, and then we'll go forward with our commentary. MS. PATTERSON: Absolutely. Continue Item 10B to the October 11th, 2022, BCC meeting. This is a recommendation to have the Board discuss the proposed U.S. 41 East Zoning Overlay impacts upon self-storage facilities along U.S. 41 between the Palm Street/Commercial Drive U.S. 41 intersection and the Price Street/U.S. 41 intersection designed to implement the East Naples Community Development Plan as accepted by the Board in 2022 [sic]. This is being moved at Commissioner LoCastro's request. Continue Item 16A15 to the October 11th, 2022, BCC meeting. This item was further continued from the September 13th, 2022, BCC meeting. It's a recommendation to review options to increase public awareness for new Site Development Plan and Site Development Plan amendment applications. This is being moved at Commissioner McDaniel's request. Continue Item 16H2 to the October 25th, 2022, BCC meeting. This is a request that the Board adopt a proposed resolution by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions, condemns all forms of discrimination, prejudice, and hate against any person or group of people regardless of faith, gender, creed, sexual orientation, or national origin. This is being moved at Commissioner McDaniel's request out of respect for requests related to the Rosh Hashanah holiday. Last item is continue Item 16C2 to the October 11th, 2022, BCC meeting. This is a recommendation to approve several agreements that allow Gulf Coast Junior Golf Tour, Inc., doing business as the September 27, 2022 Page 8 First Tee of Naples/Collier, a Collier -- or a Florida not-for-profit corporation, to sublease, construct, and operate the First Tee Naples/Collier Learning Center on a portion of the Golden Gate Golf Course property with a term of 99 years and a right of first refusal in furtherance of the intent of the Board-approved Collier County standard form long-term lease and operating agreement. This is being moved at the Clerk of Court's request. I have one time-certain. That is Item 5A, our add-on item relative to the hurricane. It will be heard immediately following the approval of the amended regular, consent, and summary judgment, so that will be your next item to be heard. CHAIRMAN McDANIEL: Okay. Commissioner Taylor, you're lit up. Do you have a comment? COMMISSIONER TAYLOR: Yes, just -- and I'm not sure how critical this is, and it's certainly not a criticism, County Manager. When you read continue Item 10B in the one, two, three, fourth line you referenced October 2022. It should have read 2020. And I didn't even how important that was. MS. PATTERSON: Oh, I'm sorry. You're correct. COMMISSIONER TAYLOR: You don't need to be sorry. MS. PATTERSON: Absolutely. For the record, that item, continued Item 10B, which is being continued to October 11th, 2022, references the plan that was accepted by the Board in October of 2020. COMMISSIONER TAYLOR: Okay, thank you. MS. PATTERSON: Thank you, Commissioner. COMMISSIONER TAYLOR: And then the 16H2, I would like to see if I have agreement. I would like a voice vote on that one item when it comes before us, so maybe this needs to be moved to the regular agenda. CHAIRMAN McDANIEL: Yeah. And I'm going to -- and September 27, 2022 Page 9 since we're in the process of discussion, I'm not -- I don't have an intent of having a public hearing on this item. I may be switching this to a proclamation. I, candidly, don't even think it needs to be said. I was asked by Mr. Silverberg to present this. I put it on the consent agenda as such, and then you reminded me of the holiday, so I continued the item, and now we're having discussions. We may -- I'm really not interested in having a big public hearing on things that should be done in a normal course of business and with respect. And so I may just switch this over to an actual proclamation. MS. PATTERSON: I would place it on the regular agenda but, rather, it wouldn't involve extended public comment at that point. CHAIRMAN McDANIEL: Correct, correct. Then that, potentially, Commissioner Taylor, is what I have intentions of doing with that item. COMMISSIONER TAYLOR: I still would like a voice vote on it. CHAIRMAN McDANIEL: Well, we're not going to vote on a proclamation. COMMISSIONER TAYLOR: I understand. CHAIRMAN McDANIEL: So there you go. Commissioner Saunders. COMMISSIONER SAUNDERS: I don't want to belabor this, but I'm not sure what we would be having a voice vote on. The request on the agenda is to continue that until October 25th -- CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: -- and we're going to vote on the consent agenda which will -- and the agenda, which will have that change in it. So in terms of having an individual vote on that, I don't see any point in that. COMMISSIONER TAYLOR: I think -- I think given the tenor September 27, 2022 Page 10 today, I think it's very important that each commissioner -- I felt this -- each commissioner agrees or doesn't agree to this particular resolution. MS. PATTERSON: If I can clarify, I think commissioner's asking for a voice vote when it comes back on to the agenda, not today. COMMISSIONER SAUNDERS: Okay. Sure. COMMISSIONER TAYLOR: Oh, thank you. CHAIRMAN McDANIEL: We'll have a discussion about that when this comes on. MS. PATTERSON: Understood. (Simultaneous crosstalk.) COMMISSIONER TAYLOR: Now you corrected me. MS. PATTERSON: Now we're even. COMMISSIONER SAUNDERS: I've said many times that I'm easily confused, and this time I was very confused. CHAIRMAN McDANIEL: In whatever form or format it, in fact, comes back. COMMISSIONER LoCASTRO: I want to go on the record that I followed that conversation perfectly. I don't know why it was confusing. MS. PATTERSON: That's why you're going to be the Chair in January, sir. COMMISSIONER LoCASTRO: That wasn't commentary either, Commissioner McDaniel. That was just stating fact. CHAIRMAN McDANIEL: That was good. Thank you. I believe we have some public comment before we take a vote on the consent and -- MR. MILLER: Yes, I do, Mr. Chairman. CHAIRMAN McDANIEL: -- summary. MR. MILLER: I have one here in the room and one online. September 27, 2022 Page 11 First on Item 16D7, Nicholas -- I hope I'm reading this right -- Pringle. MR. PARZIALE: Parziale. MR. MILLER: Parziale. Wow. COMMISSIONER TAYLOR: Wow. MR. MILLER: It wasn't pronunciation. I couldn't read the writing. Sorry. MR. PARZIALE: Good morning, Board of Commissioners. I know we have a lot going on right now with this upcoming hurricane. I did want to address 16D7 regarding Tigertail Beach and Barefoot Beach Concessions. I'm the president of SSG Recreation, Inc. Currently we're paying a 20 percent commission to the county. The 20 percent commission is too high. It's not allowed us to be in a profit margin. We're requesting a reduction to 13 percent if the County Commissioners will approve or a termination due to the non-profitability for the margins at Tigertail and Barefoot Beach. CHAIRMAN McDANIEL: Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: Well, I took an extensive meeting on this from the Parks and Rec leadership, and I thought we had agreed to a mutual termination. So I don't know if this is subject to discussion. It's at the Chair's request. But I hear everything that you're saying, but some of what you're requesting as far as the reduction and percentages and whatnot isn't what I heard just -- I think it was yesterday -- it was yesterday -- from our Parks and Rec leadership. So that might be something if we need to, you know, confirm rumor from fact. It sounded like we were having a mutual termination because you haven't been profitable out there. And, you know, Tigertail's always a challenge. But I thought -- it sounded like we were on the same sheet of music, because I've had this on my short list as well. So this is news to me, a reduced percentage. September 27, 2022 Page 12 MR. PARZIALE: Yes, sir. There was no mutual agreement. I haven't even been in discussion with the Parks and Recreational Department. I've sent multiple emails, calls, with no return. I do have a letter that I requested to the -- yes, sir. CHAIRMAN McDANIEL: Sir, I have -- you have to forgive me. We're not in a debate here. We are in the process of accepting and ratifying our hearing today. If you -- if Commissioner LoCastro wishes to pull your item up and have a discussion about it, we will. We're not debating it right now. MR. PARZIALE: Yes, sir. CHAIRMAN McDANIEL: Just for edification. And I'm not being rude. It's just we're not here to debate with regard to the request. There's an item on our agenda that's presented as our agenda. If Commissioner LoCastro or one of my colleagues wishes to pull it, we will. MR. PARZIALE: Yes, sir. CHAIRMAN McDANIEL: So say your peace, and then we're going to go on about our business. MR. PARZIALE: Okay. Thank you, sir. I appreciate it. CHAIRMAN McDANIEL: Okay. Commissioner Taylor, did you have a comment on that? COMMISSIONER TAYLOR: Yes. I was just questioning whether this shouldn't be pulled for discussion today, as the gentleman is here. I would support that if there's a motion to that effect. CHAIRMAN McDANIEL: Okay. Thank you. Commissioner Saunders? COMMISSIONER SAUNDERS: I agree. 16D7 should be placed on the regular agenda. If there's a -- CHAIRMAN McDANIEL: Go ahead and make that motion -- COMMISSIONER SAUNDERS: I'll make that motion. September 27, 2022 Page 13 CHAIRMAN McDANIEL: -- please. And then Commissioner Taylor will second it. COMMISSIONER TAYLOR: I will second it. CHAIRMAN McDANIEL: Okay. We've got that moved and seconded for right now as an adjustment. Is there any other discussion on that item alone? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER SAUNDERS: We're going to hear this today. MR. PARZIALE: Thank you for hearing me. I appreciate it. COMMISSIONER SAUNDERS: So stick around. MS. PATTERSON: That becomes Item 11E. CHAIRMAN McDANIEL: Got it. Okay. We have somebody else on? MR. MILLER: And, Mr. Chairman, we had one more. Online we have Steven Kirk who wishes to speak on Item 16D3. Mr. Kirk, you should be prompted to unmute yourself at this time. And I'm waiting. There he is. Mr. Kirk, you have three minutes. All right. I'm not hearing him. We've got a technical issue. Someone's pulled a cable on me here. CHAIRMAN McDANIEL: Hang on a second, Mr. Kirk. If September 27, 2022 Page 14 you can hear me, one second. We can hear you way off in someone's -- someone's apparatus, but it's not coming through the speakers right now. So be still one second. We won't start your clock until we get you online. MR. MILLER: Give me just a minute here, sir. CHAIRMAN McDANIEL: Maybe it was your problem. MR. MILLER: It might have been. CHAIRMAN McDANIEL: All right. Mr. Kirk, proceed, please. MR. KIRK: Good morning. Steven Kirk, president of Rural Neighborhoods. This issue was tabled a number of weeks ago, and I simply want to say in regards to this that Rural Neighborhoods has taken all steps with its funders, Florida Housing Finance Corporation, to alter the direction of its project from being an unaccompanied housing project to being a family one, and Florida Housing Finance Corporation staff are prepared to recommend the change from "unaccompanied" to "family," and we are taking all changes with our -- all steps with our general contractor to alter floor plans to make that happen. So I just wanted to reassure the Commission. Thank you. CHAIRMAN McDANIEL: Appreciate that, Steven. And I appreciate you taking a moment. Just for my colleagues, I did meet with Steven and Dottie last week -- last week on Wednesday, talked about that. They agreed, then, with me that they were going to switch that use from the male dormitory to a family facility, which is far more conducive for its location, so -- and I appreciate you coming on record and sharing that today, sir, so that's all we have. MS. PATTERSON: That's all we have. CHAIRMAN McDANIEL: Okay. Well, let's go through -- we'll start with Commissioner Taylor. Do you have any September 27, 2022 Page 15 ex parte and/or additional adjustments to the agenda for today? COMMISSIONER TAYLOR: I lost my ex parte; it's here somewhere. CHAIRMAN McDANIEL: Do you want me to go down to Commissioner Solis because he's ready? COMMISSIONER TAYLOR: Yes, he's ready. CHAIRMAN McDANIEL: I can tell just by looking at him. Oh, hey, good morning. COMMISSIONER SOLIS: Good morning. No other changes. My only disclosure is on 17C, and I had a call on that with Mr. Pezeshkan. CHAIRMAN McDANIEL: Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: No changes, no disclosures. CHAIRMAN McDANIEL: Gotcha. Commissioner Saunders. COMMISSIONER SAUNDERS: I have no disclosure. I do have one item that I think I want to continue, and that's Item 9A, and that deals with the Immokalee Rural Village Overlay. And we've received some communication. I think there's some concern about the wildlife corridors. I know we have several speakers here. I guess what we can do, Mr. Chairman, is hear that, but I think I just want to alert the Board that I may be making a motion to continue that because I think that there may be some misinformation or -- CHAIRMAN McDANIEL: Well, I think we can clarify that, Commissioner. Just so you know, I have had communication with -- with both sides of that equation, and I've been assured that that -- because I'm sticking on that wildlife corridor as well. And I've talked to the applicant, and there are some things that -- I think we can hear it and actually come to a conclusion, so... COMMISSIONER SAUNDERS: That would be perfect. September 27, 2022 Page 16 Okay. I have no other changes -- no changes. CHAIRMAN McDANIEL: Okay. Commissioner Taylor are you ready? COMMISSIONER TAYLOR: Yeah, I am. So 16A8, I had calls, and 17C I've had meetings, emails, and calls, phone calls. CHAIRMAN McDANIEL: Okay. Good. And I, myself, have no other adjustments to the agenda and, as well, on -- no disclosure -- well, 17C I have had phone calls, emails, and no other communication or correspondence. COMMISSIONER SAUNDERS: And, Mr. Chair, I misspoke. I do have some communications in reference to 17C. So I did have some meetings. CHAIRMAN McDANIEL: Okay. Very good. Very good. So with that, I'll call for a motion for the agenda as amended and approved. COMMISSIONER TAYLOR: So move. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the agenda as amended and approved. Any other discussion? (No response.) CHAIRMAN McDANIEL: All those in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting September 27, 2022 Add on Item 5A: Update on the Status of Hurricane Ian and its potential impact on Collier County. (Staff’s Request) Add on Item 10C: Recommendation to appoint Randy Sparrazza as a member to the Collier County Planning Commission, representing Commission District 1. (Commissioner Locastro’s Request) Continue Item 9B to the October 11, 2022, BCC Meeting: Recommendation to consider an Ordinance to establish a Notice to Tenant Ordinance relating to landlords providing written notice of rent increases over 5% to tenants with leases of one year or longer. (All Districts) (Commissioner LoCastro’s Request) Continue Item 10A to the October 11, 2022, BCC Meeting: *** This Item continued from the September 13, 2022, BCC Meeting. *** Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501) (Sponsored by Commissioner LoCastro) (District 1) (Commissioner LoCastro’s Request) Continue Item 10B to the October 11, 2022, BCC Meeting: Recommendation to have the Board discuss the proposed US41 East Zoning Overlay impacts upon self-storage facilities along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement the East Naples Community Development Plan, as accepted by the Board in October 2020. (Sponsored by Commissioner LoCastro) (District 1, District 4) (Commissioner LoCastro’s Request) Continue Item 16A15 to the October 11, 2022, BCC Meeting: *** This Item continued from the September 13, 2022, BCC Meeting. *** Recommendation to review options to increase public awareness for new Site Development Plan and Site Development Plan Amendment applications. (All Districts) (Commissioner McDaniel’s Request) Continue Item 16H2 to the October 25, 2022, BCC Meeting: Request the Board adopt a proposed resolution by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions; condemns all forms of discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender, creed, sexual orientation, or national origin; condemns any call to violence or use of violence for any purpose at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any person, property, or institution based on faith, race, gender, creed, sexual orientation, or national origin, and will provide to bigotry no sanction and to persecution no assistance. (Sponsored by Commissioner McDaniel) (All Districts) (Commissioner McDaniel’s Request) Continue Item 16C2 to the October 11, 2022, BCC Meeting: Recommendation to approve several agreements that allow Gulf Coast Junior Golf Tour, Inc. d/b/a The First Tee of Naples/Collier, a Florida not for profit corporation, (hereinafter “First Tee”) to sublease, construct and operate the First Tee – Naples/Collier Learning Center (“Learning Center”) on a portion of the Golden Gate Golf Course property with a term of 99-years, and a right of first refusal in furtherance of the intent of the Board approved Collier County Standard Form Long-Term Lease and Operating Agreement with CC BSG Naples, LLC (“BigShots”). (District 3) (Clerk of Courts Request) Notes: TIME CERTAIN ITEMS: Item 5A is to be heard immediately following the approval of the amended Regular, Consent, and Summary Agenda. 11/29/2022 9:45 AM September 27, 2022 Page 17 Item #5A – Added (Per Agenda Change Sheet) UPDATE ON THE STATUS OF HURRICANE IAN AND ITS POTENTIAL IMPACT ON COLLIER COUNTY – MOTION BY COMMISSIONER TAYLOR TO APPROVAL OF WAIVING ALL COLLIER TRANSPORT FARES, EMS TRANSPORTATION FEES AND FOR THE BCC CHAIRMAN TO INSTITUTE A CURFEW IF NECESSARY; SECONDED BY COMMISSIONER LOCASTRO – 5/0; COUNTY STAFF TO HALT NORMAL WORKING DUTIES TO PREPARE THEIR HOMES; RESOLUTION 2022-157: PROVIDING FOR THE OPENING OF A NEW APPROPRIATION FUND FOR EMERGENCY SERVICES DURING HURRICANE IAN AND PROVIDING FOR TRANSPORTATION FEE WAIVERS RESOLUTION 2022-159 & RESOLUTION 159A – RESOLUTION 2022-159K (WITH POSSIBLY ADDITIONAL RESOLUTIONS PER THE SHERRIFF’S OFFICE): MOTION BY COMMISSIONER TAYLOR TO APPROVE THE CURFEW RESOLUTION IMPLEMENTED BY THE BCC CHAIRMAN VIA THE SHERIFF IF NEEDED; SECONDED BY COMMISSIONER LOCASTRO – 5/0 MS. PATTERSON: Commissioners, that brings us to our add-on Item 5A. This is an update on the status of Hurricane Ian and its potential impact on Collier County. Mr. Dan Summers, your director of Emergency Management, will present. MR. SUMMES: Commissioners, good morning. For the September 27, 2022 Page 18 record, Dan Summers, director of your Bureau or Emergency Services and Emergency Management. I know you have a busy day, so we'll try to be brief and be gone, but a lot of information to share with you. Obviously, we're watching Hurricane Ian with its developing Category 3/Category 4 possibilities. I have mentioned to you yesterday, and I'll echo this again to you today, that what we're dealing with here is a real challenge with a parallel track. And we can speculate an awful lot on the track and the forecast. And it's important that we take a baseline assumption -- a baseline set of assumptions for emergency planning but, more importantly, let you know that we've been able to scale that, if we need to escalate or deescalate, throughout the next couple of days. Let me run straight to the modeling. Troy, I'm hung up here. There we go. So to cut short any of the particular movement here, the track this morning from the National Hurricane Center, you look at the storm track and its intensity as well as the center of the storm here, and we're looking at a hundred -- potentially on Wednesday morning at 2:00 a.m. 130 miles per hour Cat 4 moving at 10 miles per hour. What you see in the blue is our tropical storm force winds, and what you see in the black is the ultimate timing for those winds joining the Collier County coast. You do see the cone which, as you see, takes the center of the storm and the most intense part of the storm to Fort Myers and Sarasota based on today's current track and current forecast. As I have mentioned before, our goal is to make sure that we have a protective strategy in place -- that we have a protective strategy in place for these onshore winds, and the potential 3 to 5, 4 to 7 storm surge inundation could occur. Our focus is continuing to be on storm surge and localized September 27, 2022 Page 19 flooding, not so much wind. So a high degree of confidence that we're not going to hit hurricane storm -- hurricane force winds but more concerned about the lower wind speeds and that constant onshore flow. We're -- all of this information is consistent throughout our local media as well as the information we're getting from the National Hurricane Center every couple of hours directly into the Emergency Operations Center. I'll take you back to the forecast -- take you back to our presentation just a little bit. Our focus. It's important that you understand what I think or what we believe is our best mission focus for the Emergency Operations Center. And for our entire team, our county employees, our public safety responders, our partner agencies, it's important that we let them know what mission goals and objectives are and, no doubt, they'll do a great job to respond to that. React to coastal flooding; monitor the health, safety, and welfare of our most vulnerable populations along our immediate coastline with a focus on those that are flood vulnerable and electrically dependent. Again, the likelihood of some intermittent power outages, the potential for some localized flooding. It is the frail and elderly, electrically dependent population, and our staff worked with -- worked to make telephone notifications to those individuals registered with us yesterday, worked into the late hours last night to telephonically communicate with a lot of those individuals to help make sure that they had a plan or if they needed our assistance. Monitor and react to potential isolated inland flooding; ensure the public knows that conditions overnight may escalate, especially during high tide; remind the public to evaluate their risk and understand that in most cases sheltering in place is appropriate. Again, you hear us all hurricane season, know your risk, know your September 27, 2022 Page 20 flood elevation, and, again, folks are 99 times out of 100 more comfortable sheltering in place than they are going to an evacuation shelter; keep our team and our community well informed; and we're going to build contingencies and scale public and emergency worker shelters if needed. So, again, scaling is important. I want to highlight the A zone. We've heard this discussion already on the local media from Fort Myers and Lee County. This is our A zone. These are our areas that we continue to worry about with a potential storm surge inundation, and we've couched that very simply is, are those folks that are west and south of U.S. 41. And, again, we're working closely with Everglades City, Marco Island, the City of Naples, these -- this information, the A zone, is well posted and, again, we will see what the storm ultimately develops with the onshore flow and the potential for storm surge inundation. My protective action recommendations to you are as follows: That Emergency Management Department of Health, and our partner agencies certainly with the school district, our public safety responders, we will open a special needs shelter at Palmetto Ridge High School for those vulnerable clients located in Zone A, and we have reached out to those. We will be prepared to open that shelter at 5:00 p.m. today. And, again, this is a voluntary evacuation, a voluntary recommendation, and to let our frail and elderly in the A zone be aware that we have a special needs shelter ready to accommodate oxygen or electrical dependency. That will open at 5:00. We'll have more news releases forthcoming on that throughout the day. We do have teams over there now. There is an extensive setup involved in doing this, a lot of supplies and equipment to be offloaded and set up to accommodate that population as well. Additionally, again, as a voluntary, as an option that is available to our residents, we're opening four middle schools that will open at September 27, 2022 Page 21 5:00 today. They are Oak Ridge Middle School, Corkscrew Middle School, Golden Gate Middle School, and Immokalee Middle School. We will make those available at 5:00 today. Residents must come prepared with their bedding, their food, their comfort items, quiet toys for the -- quiet toys, et cetera, for the kids. All middle schools are pet friendly, but you must -- you are responsible for self-care. You're responsible for crating that animal, following our rules, bringing your water, your food, your vaccination records, et cetera, must be brought with you. Our Emergency Operations Center will open at 3:00 p.m. today and go around the clock until further notice. Mike Shaw, our operations coordinator, will designate the agencies that are needed. At this point with the voluntary evacuation, we will staff our mission-critical organizations in there, and Mike will contact those agencies for posting in the Emergency Operations Center. John Mullins will manage our information lines, our 311, and our joint information center, and he will scale that and staff that according to need in conjunction with a battle rhythm for the Emergency Operations Center. I have a couple things for Board recommendation for possible actions. When we do offer evacuation shelter opening, we want to make sure that we provide transportation capability. Our Collier Area Transit does -- can and will have buses set up for transportation to the shelters, and we typically waive those fares for the evacuation. In the unlikely event that Collier County EMS has to do a medical evacuation associated with this A zone, we typically waive those EMS transport fees as well. We will be contacting and contracting with our convalescent ambulance services as first available. But if Collier EMS is summonsed for evacuation transport, we typically waive those fees. We also left a placeholder in our previous discussion that if the September 27, 2022 Page 22 Sheriff and the County Manager would like to institute a curfew, they can do that, or they will be in contact with you. I have no recommendations for a curfew today unless the Sheriff has anything additional to add. CHAIRMAN McDANIEL: Let me go ahead and call for that motion now and get that out of the way. MR. SUMMERS: That would be great. COMMISSIONER TAYLOR: So move. COMMISSIONER LoCASTRO: Second. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we authorize the waiver of the fares and emergency transport, as necessary, and that the Sheriff and County Manager call for a curfew if so required. So any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. SUMMERS: Just a couple more, Mr. Chairman. Again, our important reminders to the community: Stay in touch. Monitor with what -- the current conditions. We have a real, real significant storm paralleling our coast. The forecast model right now appears to be very reliable, or the Hurricane Center has a fair amount of confidence in that forecast track as it parallels offshore to us. We also know that things can change when we see a storm of September 27, 2022 Page 23 this intensity. Understand your flood risk. We talk about that, again, all year. You can look online for your flood elevation. You can evaluate your risk. And if you've had historical high-tide flooding, this is something, again, you need to remind yourself about. Be prepared for some intermittent power outages. Stay well away from any downed power lines. Call your utility company, call FP&L, call Lee Co-op if you have an outage, because it records them in their system, and they can -- they might be -- they have repaired the line on the street but may not have addressed the line to your home. So always make that notification. General information. Our 311 call center is up to help guide residents and guests with additional information. Again, remind everyone not to call 911 except in an extreme emergency condition. And remember, it was said earlier, I think, this is a marathon, not a sprint. Stay hydrated, stay safe, look after your neighbor. And we've done this before. We'll work together as a community to respond and recover. So, again, we're watching this very carefully. We have given our community options for evacuation if they think it's necessary. And, again, we've got a couple more advisories to get out, so we'll see, ultimately, what the track is and what its impacts may be to Collier County. CHAIRMAN McDANIEL: County Manager, do you want to talk a little bit about our conversation this morning in my office with regard to county operations and such? MS. PATTERSON: Yes, sir. So we are recommending that we scale back regular county operations this afternoon starting in the early afternoon allowing the staff -- we have many staff that live outside of the area -- allowing them the time to get home and complete their preparations this afternoon. September 27, 2022 Page 24 Calling for, again, a reduction in regular county operations tomorrow. This is consistent with our partners around the Clerk of Courts, or the court system, and Lee County; both are taking a similar posture. We have the ability, then, to evaluate how we return to normal business on Thursday using the Alert Collier system and other means to call the folks back in. But that seems the best course of action in light of the fact that we expect deteriorating weather conditions throughout the day and into at least a part of tomorrow. Now, this does mean that folks that have disaster assignments, they know where they need to be, and we will be working through how we start those evaluations as the weather clears, potentially, tomorrow, and we'll get out and do our assessments and things. So I'll be working with the department heads and Mr. Summers on that plan going forward. But we wanted to advise the Board that that's our recommendation at this time. And if Dan has anything to add... MR. SUMMERS: I just wanted to, again, thank the entire team, the partner agencies. We've asked county employees and other municipal employees to go the extra mile and then some, and we really do appreciate their help and their flexibility. CHAIRMAN McDANIEL: And I want to thank you. You know, there's a -- there's an interesting process going on when the news media's saying a whole bunch of different things, and people's opinions start to fly into how we should and what we should be doing. And it's been with your steadfast judgment that we've been moving forward here without a lot of hyperbole, and there's an enormous amount of it that's going on out there. The storm's coming. There's a big storm that's going past us at this particular stage. We all need to be aware. We all need to be cognizant of it. We all need to take care of our neighbors as we go. And I really September 27, 2022 Page 25 appreciate both of you staying in constant communication with me and helping us guide us through this. I mean, the Sheriff came on Sunday at our emergency meeting. We've been preparing for this storm since last week. Generators -- people are assigned to different circumstances. And as such, our facilities are very well, in fact, prepared, and I want to say thank you to you both. MS. PATTERSON: Thank you. MR. SUMMERS: Thank you. Thanks. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Mr. Summers, just a quick question, because you're monitoring this 24/7. A big part of this storm is surge, as it's projected now. Obviously, things can shift. A major vulnerability in Collier County, but especially in my district with Marco, Isles of Capri, Goodland, low-lying areas of Henderson Creek and that whole stretch is surge. We spoke briefly, but I really want you to put this on the record. I hear a lot of folks tell me in my district, well, storm surge was supposed to be 15 feet for Irma, but it was a fraction of that. And then I try to educate them that it was really a last-minute shift in the storm, not to say it would have been 15 feet, but there were other things that happened that lessened the storm surge. If this storm keeps on its current path, 15 feet isn't estimated for storm surge, but I'd like to hear your comment that when three to five feet, especially in District 1, is projected, that could -- that is not a gross overestimation, correct? If you could give us the science behind it so people understand that this is totally different than Irma. It's good that we don't have as much of the wind if it stays this course, but we'd love for you to just give us the short version of the differences and why storm surge is a real concern even with the numbers that are projected, because five feet's a lot in certain areas of September 27, 2022 Page 26 District 1. MR. SUMMERS: Well, you're exactly correct, sir. First of all, let's talk about this: The storm surge is full of variables. There are as many variables on the storm as there are angles of approach for that storm hitting Collier County. We know our gulf is shallow, and if you envision how you blow across a soup bowl, you're blowing water into our community, you're blowing it into the shoreline, into the estuaries. So what we have to do is take -- the forecast data and the experts at the National Hurricane Center give us their very best estimate, and we do use algorithms within the computer, we use atlas-type information, we're using real-time weather information to come up with these estimates. Mother Nature does not always follow the guidance we have in the software. We're taking the high average -- and that's a fair statement. We take the higher -- high average of these potentials because we want to make sure that we're erring on the side of safety. And so, yes, if I -- if we're a foot or two off, hey, we were prepared and we were fortunate. What we don't want to do is underestimate and have our public at a last-minute risk. So, again, continuing to monitor. We're using all the science that we have available. This is not something that is dreamed up in storm surge inundation values. There's bathymetry. Our coastline has been mapped. The computers have the data to talk about our impact along the shoreline, and we're conveying to you the best information that we can acquire. COMMISSIONER LoCASTRO: I think you're -- it's a true statement that even if this storm parallels our coast and is hundreds of miles off the coast, because we're on the so-called dirty end of the storm, we're not out of the clear because we don't have 130 mile-an-hour winds, but that the surge, with the direction of this September 27, 2022 Page 27 storm, is quite a bit different than previous storms where maybe the surge was estimated, and then we didn't have it, I mean, correct? MR. SUMMERS: That is correct. We're on the right quadrant, paralleling the right quadrant. But either way, it's going to blow water in. And as you have seen storm surge models go up today for Jacksonville, meaning that they're on the far right side, and that water -- that coastal flow is relevant. And even as we have seen exiting storms, we've about coastal onshore flow. So we have to watch it, pay attention to it, watch what it does after midnight tonight, and on to tomorrow. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN McDANIEL: We actually did a little in-house as well. And if the storm stays on its current track with its current distance, it should be passing us at ebb tide, which is the top of the high tide, which means now the water's going out. When the wind changes direction, it comes in from the southwest. So we've got some movement of pushing the water back up in, but we are -- naturally, tide's going out, and then balancing that with whatever rainfall, in fact, comes for a place for that surficial water to run off and get into our systems and be able to move as well to keep the localized flooding at a low roar. So, bottom line, that modeling was done on a yellow tablet, by the way. And Commissioner Taylor adeptly pointed out on Sunday that there is something that happens twice in 24 hours, and that is the tide. And so, we looked at that in relationship to the current path. And, again, stay tuned, Collier Alert's a good way to go. 311 is a really good way to go. If you see localized flooding, take a picture of it, email it to us at 311. That will allow our group to be able to get out, clear debris, clean storm drains, so ons and so forth, to mitigate the circumstances. MR. SUMMERS: Yes, sir, perfect. September 27, 2022 Page 28 CHAIRMAN McDANIEL: Thank you. MR. SUMMERS: Thank you, all. MS. PATTERSON: Commissioners, we do have a couple of folks in the audience here that may just want to comment before we wrap up. CHAIRMAN McDANIEL: I want to call on the Sheriff. MS. PATTERSON: Sheriff, and also Lisa Koehler from the Big Cypress Basin is also in the room if you have any questions or if she would like to make any comments and, last, the County Attorney will be preparing some documents relative to the curfew that we'll be bringing back to you just to get everything in place that we'll need right after the court reporter break. CHAIRMAN McDANIEL: Outstanding. Thank you. Good morning, sir. SHERIFF RAMBOSK: Good morning. Kevin Rambosk, Collier County Sheriff. I concur with the brief that you've gotten thus far. We are incrementally staffing up. I think, from a very basic perspective, if you get done what you need to get done during the day today, settle in at home, and stay there watching what the weather is doing, because by 2:00, 3:00 in the morning, that's when we should be starting to see our highest, as the director said. And, you know, a lot of places are closed tomorrow. So just a couple of recommendations: Simply, stay out of standing water with you or your car -- that's pretty simple -- and, really, if you don't need to have to be out -- CHAIRMAN McDANIEL: Don't go. SHERIFF RAMBOSK: -- don't go out. It's that simple. I will tell you that fire rescue, EMS, working together with EM, are fully functional, and they will incrementally increase overnight, so there will be plenty of people out there in case anybody needs September 27, 2022 Page 29 assistance. CHAIRMAN McDANIEL: Outstanding. Thank you, sir. Anybody have any questions for our good sheriff? (No response.) CHAIRMAN McDANIEL: Thank you, sir. Appreciate it. Lisa, Ms. Lisa, I didn't see you in the back. MS. KOEHLER: Good morning. I was sitting back with your team. Always coordinating. Commissioners, I just wanted to let you know that we are ready for the rainfall that we are expecting today. Big Cypress Basin has been getting ready for this storm better part of a week. As you had said, Mr. Chair, this is not something that happens overnight. We have been opening the canals. They are fully open. Amy, do you have the graphic I sent? We have information that's on our website, so anybody can go on and look at our canal levels. It's a great little tool to see just how far we have reduced those canal levels. We are in constant contact with your stormwater team. CHAIRMAN McDANIEL: Trinity's behind you. I was just warning you that she was sneaking up; just so you know. I was watching. MS. KOEHLER: Thank you. So while she's still getting that -- oh, it is up. Does it zoom in? CHAIRMAN McDANIEL: That's a pretty picture. But what's that mean? MS. KOEHLER: Okay. So the blue bars show you the canal sections that are below our normal operating criteria. The green bars are -- we're just, say, at the bottom range of that criteria. What you see in those -- the light blue bands -- let me see if I can -- let me go back. So this light blue area that you see in there, that's where we September 27, 2022 Page 30 normally are operating during our regular wet season. So you can see these blue bars are well below our normal ranges. So we are prepared, we are ready for the rainfall that is expected. Like I said, we've been working very closely with Trinity's group and Road and Bridge, and I think we are well situated for what lies ahead. CHAIRMAN McDANIEL: I would agree with that. I've been watching the canals as they go down as I'm traversing the community. Commissioner Taylor, do you have a question for her? COMMISSIONER TAYLOR: I do. So the question at least of some of my constituents is, okay, you've opened these canals. You're bringing them down. Where's the water going? MS. KOEHLER: So for the primary system, we have coastal outfalls at Coco 1, which is along the north side of Immokalee Road; our second outfall is at GG1, which is at Spanky's, which discharges into Naples Bay, and our third one -- third coastal discharge is at Henderson Creek right at 41 and Collier Boulevard; and the fourth one is Fakaunion. COMMISSIONER TAYLOR: And so the discharges aren't, like, one fell swoop where there's this major rush of water; is that correct? MS. KOEHLER: We've been discharging for over a week. CHAIRMAN McDANIEL: It's been going on. MS. KOEHLER: Yeah. Those are the places we discharge throughout the year, but we have -- COMMISSIONER TAYLOR: That needs to be said, because -- MS. KOEHLER: Right. It's not just right now. I mean, we've been discharging at those locations. That's where we have been for the last 40 years. COMMISSIONER TAYLOR: Normal operation. September 27, 2022 Page 31 MS. KOEHLER: Yes. CHAIRMAN McDANIEL: Yes. Commissioner Solis. COMMISSIONER SOLIS: Good morning. MS. KOEHLER: Good morning. COMMISSIONER SOLIS: Could you just, for anybody that's watching, tell us the website address. MS. KOEHLER: Oh, sure. COMMISSIONER SOLIS: And, two, is there any way that I could get this particular graph so that I could send that out? MS. KOEHLER: I will. COMMISSIONER SOLIS: I mean, there's a lot of people that live along that Coco 1 canal that are sitting there biting their nails looking at the canal. So this is great information. Thank you. MS. KOEHLER: Absolutely. The District website is SFWMD.gov, and this is the site status report. So you can Google that in the bar, but I will also send you the link and this graphic in an email. COMMISSIONER TAYLOR: All of us. MS. KOEHLER: All of you. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: It's good seeing you. Thank you. MS. KOEHLER: Thank you. MS. PATTERSON: Commissioners, if you'd like to, I can put -- Mr. Klatzkow has the resolution relative to the curfew, should it need to be implemented. I can put it on the visualizer now. The dates are blank, obviously, because we're not implementing a curfew now, but this puts the structure in place for us to be able to implement, and that would be a decision between the County Manager, the Sheriff, and in coordination with the Chair. CHAIRMAN McDANIEL: And we necessarily already voted September 27, 2022 Page 32 on this, or do you want us to vote on it again? MR. KLATZKOW: Yeah. I think because the Sheriff may have to be incarcerating people on this, that we get as much formality as we can. CHAIRMAN McDANIEL: Okay. So give us a moment to review it and read it. COMMISSIONER SOLIS: Mr. Chair, so we're approving this. Is the curfew starting today? CHAIRMAN McDANIEL: No. COMMISSIONER SOLIS: We're approving with a blank date so it can be filled in later? CHAIRMAN McDANIEL: That's correct. MS. PATTERSON: Correct. CHAIRMAN McDANIEL: And in concurrence with the Sheriff, the County Manager, and myself. COMMISSIONER LoCASTRO: Yeah. So we're delegating that decision to you-all for the sake of time, that if a curfew was recommended by the Sheriff, and you and the Chair agree, that you already have our concurrence that we would agree, and the foundation is here to sign quickly. MS. PATTERSON: Correct. That way we don't have to call a meeting to have a curfew. COMMISSIONER TAYLOR: I make a motion that we accept this resolution leaving the dates of the curfew in the open and the giving that authority to our Chair and the Sheriff and also our County Manager. CHAIRMAN McDANIEL: It doesn't say the Sheriff and County Manager in here. It's just solely with me. But, I mean it's -- that is the way it's, in fact, going to happen. And Commissioner Saunders adeptly said it on Sunday: We don't have to have a meeting to decide if we're going to have a meeting. So it's September 27, 2022 Page 33 been moved that we accept this as presented. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Thank you very much. Item #3A1 – RECOGNINZING 20-YEAR EMPLOYEES FRANK INZANO – POWER SYSTEMS MANAGER; TROY MILLER – COMMUNICATIONS, GOVERNMENT & PUBLIC AFFAIRS, MANAGER OF TELEVISION OPERATIONS; MICHAEL SAWYER – CAPITAL PROJECT PLANNING & IMPACT FEES MANAGER – PRESENTED Okay. Commissioners, that moves us to awards and recognitions. We have several attendees today. Our first, Item 3A1, 20-year attendees, 20 years, Frank Inzano, Wastewater Power Systems manager. (Applause.) MS. PATTERSON: Congratulations. CHAIRMAN McDANIEL: Where you going, Frank? Pay September 27, 2022 Page 34 attention to the camera. There we go. (Applause.) CHAIRMAN McDANIEL: If you just stay up here, we don't have to keep shuffling around. Who's next? MS. PATTERSON: Next attendee is 20 years, Troy Miller, Communications, Government and Public Affairs manager of Television operations. COMMISSIONER LoCASTRO: Troy, I remind you, you have three minutes. You have three minutes, Troy. MR. MILLER: I had music cued up. COMMISSIONER LoCASTRO: That is so appropriate. Thanks for everything you do. CHAIRMAN McDANIEL: Great. All right. COMMISSIONER LoCASTRO: Sir, please unmute yourself. Please unmute. Thank you. (Applause.) MR. MILLER: I did want to thank a couple people, if the County Attorney will set the timer for 20 minutes. COMMISSIONER TAYLOR: Did you fill out a slip? MS. PATTERSON: Twenty years, Michael Sawyer, Capital Project Planning & Impact Fees project manager. (Applause.) COMMISSIONER LoCASTRO: That's a workingman's tie. I like that. (Applause.) CHAIRMAN McDANIEL: Don't walk back over there, Commissioner Solis. We've got one more Item #3A2 – RECOGNIZING 25 YEAR EMPLOYEES MARY TOPOLESKI – PARKS AND RECREATION, September 27, 2022 Page 35 SUPERVISOR OF COMMUNITY CENTERS MS. PATTERSON: Twenty-five years, Mary Topoleski, Parks and Recreation supervisor of community centers. (Applause.) MS. PATTERSON: Commissioners, that brings us to Item 3D, Employee of the Month. This is a recommendation to recognize Paul Fleig in the Parks and Recreation Division as the August 2022 Employee of the Month, and I will read a little bit about this. In just under a year of service to the county, Paul has demonstrated a high level of enthusiasm and devotion in his role taking on special projects and leading new programs. Earlier this year, Paul cofounded and led a pilot program called Collier After Dark. This program demonstrates parts of the county that might otherwise remain a mystery to most park visitors. Collier After Dark offers activities including evening nature walks and beach combing, education regarding the region's nocturnal animals, astronomy, and hosting various guest presenters. Paul's focus on visitor engagement and education is exhibited through his willingness to help others. He has demonstrated this by rescuing numerous beachgoers locked out of their vehicles and returning stray kickballs stuck in park trees to children whose ballgames otherwise would have ended without his intervention. Paul values each interaction with visitors to the parks and strives to ensure they have a clean and safe environment. This past 4th of July, Paul volunteered to be the Parks and Recreation mascot, Shero the Alligator, and made a special appearance at the Sugden Regional Park. I actually saw him. That's so cool. Despite the sweltering July temperatures, Paul spent hours in a mascot costume posing with children, interacting with families, and happily parading through the park to greet each visitor waiting to September 27, 2022 Page 36 enjoy the fireworks. These interactions and contributions build on the vision of the Parks and Recreation Division to enrich the quality of life of the people we serve and the Collier County vision to be the best community in America to live, work, and play. Paul's initiative, professionalism, and dedication make him an invaluable asset to the Collier County Parks and Recreation Division. For these reasons, Paul Fleig was selected August 2022 Employee of the Month. Congratulations. (Applause.) CHAIRMAN McDANIEL: There's two things I'm going to give you that -- that's the most important. There's your plaque, and you're going to put this in your pocket because there's a little dilly whopper there that you'll lose; don't lose that. That was very specific instructions, Park Ranger. MR. FLEIG: Yes, I hope I can follow them. (Applause.) MS. PATTERSON: Chair, we need to retake Frank's photo. It didn't turn out, so... CHAIRMAN McDANIEL: Really? MS. PATTERSON: Sorry. We've got to call you back up. MR. INZANO: We broke the camera. UNIDENTIFIED SPEAKER: Way to go, Frank. COMMISSIONER SOLIS: One of the commissioners broke the camera. CHAIRMAN McDANIEL: Which one? MR. INZANO: Don't move. We're good. (Applause.) COMMISSIONER SOLIS: I don't think that's ever happened. MS. PATTERSON: Commissioners, that moves us to the proclamations. September 27, 2022 Page 37 Item #4 – PROCLAMATIONS ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING OCTOBER 2022 AS CAREERS IN CONSTRUCTION MONTH. TO BE ACCEPTED BY AMELIA VASQUEZ, KATHY CURATOLO, JP COLEMAN, MATT SELLICK, ERIC MORRIS AND ROBERT MCGINNIS – ADOPTED Item 4A is a proclamation designating October 2022 as Careers in Construction Month. To be accepted by Kathy Curatolo, JP Coleman, Eric Morris, and Robert McGinnis. CHAIRMAN McDANIEL: There we are. (Applause.) MR. COLEMAN: I'd like to say a couple words. This one work? All right. My name is JP Coleman, and I'm the current president of the Collier Building Industry Foundation. We were going to have some more board members here today but, obviously, with the impending storm, they have an obligation to secure their job sites. So bear with us a little bit. On behalf of the 450 company members and staff at the Collier Building Industry Association and our foundation, I would like to extend our appreciation to the Board of County Commissioners, most particularly, Commissioner Bill McDaniel for acknowledging the work of our foundation and promoting careers in construction and offering thousands of dollars in scholarships to our local students who choose to further their education in the construction industry. September 27, 2022 Page 38 To date, our members have provided funding in excess of 100,000 in local scholarships and grants. We are also proud to share these accolades with our partners at the Collier County Public Schools. Their assistance in providing this focus on careers in construction has been extremely productive in connecting our members with students who are potentially interested in working in the building industry. Once again, thank you for recognizing the need for a trained workforce for our local industry and acknowledging the work of the Collier Building Industry Foundation. Thank you. CHAIRMAN McDANIEL: JP, thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING OCTOBER 2022 AS SAFE INFANT SLEEP MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY KIMBERLY KOSSLER, KRISTINE HOLLINGSWORTH, LISA ADAMCZYK, PAULA DIGRIGOLI, AND CORAL VARGAS – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating October 2022 as Safe Infant Sleep Month in Collier County. The proclamation will be forwarded to Dana Breeden at the Florida Department of Health due to the fact that the offices of the recipients listed in the agenda item are preparing to open hurricane shelters. CHAIRMAN McDANIEL: Outstanding. Last but not last. Item #4C September 27, 2022 Page 39 A PROCLAMATION DESIGNATING SEPTEMBER 2022 AS NATIONAL SUICIDE PREVENTION AWARENESS MONTH IN COLLIER COUNTY – ADOPTED MS. PATTERSON: Last but not least, Item 4C is a proclamation designating September 2022 as National Suicide Prevention Awareness Month in Collier County. To be accepted by Shaina Anderson, board treasurer of the Florida Southwest Chapter of the American Foundation for Suicide Prevention and members of the Collier County Coalition for Healthy Minds. (Applause.) CHAIRMAN McDANIEL: Kathy has her finger over the camera. Did you see that? Do you want to say a few words? And then Commissioner Solis would like to as well. MS. ANDERSON: Okay. I'll only take a couple minutes. Good morning. My name is Shaina Anderson on behalf of the Southwest Florida chapter for the American Foundation for Suicide Prevention. And as a member of the Collier County Healthy Minds Committee, along with Michelle, Trista, Beth Hatch with NOMI, and Scott Burgess with the David Lawrence Centers, we would like to thank you, Commissioners, for recognizing September as Suicide Prevention Awareness Month. Our hope is to bring awareness and normalize these conversations to reduce stigmas and encourage our community members to reach out for help. We want to save lives. We could not do the important work that all of us do without your support, Commissioners, so thank you. We are hosting annual Naples Out of the Darkness Walk on September 27, 2022 Page 40 October the 29th at the North Collier Regional Park. Registration opens at 8:00 a.m., and opening ceremonies start at 8:30. If you'd like more information, you can find that on the AFSP website AFSP.org/Naples. We welcome everyone to join to save lives and bring hope for suicide prevention. So thank you. CHAIRMAN McDANIEL: Thank you for what you do. (Applause.) CHAIRMAN McDANIEL: Stay at the podium. Stay at the podium. Commissioner Solis has a few words. COMMISSIONER SOLIS: Well, thank you. I just wanted to thank everyone on the coalition and everyone involved in this, especially the individuals that have volunteered to be part of the coalition. Just so that people know that, a lot of them were individuals that served on the ad hoc committee that developed the Mental Health and Addiction Strategic Plan that wanted to continue to serve and so have now committed to working in the coalition and to further the strategic plan. So thank you so much for your continued commitment to the community. It's really heartwarming. MS. ANDERSON: Thank you from all us for the opportunity. (Applause.) MS. PATTERSON: Chair, if we could get a motion to accept the proclamations. COMMISSIONER SAUNDERS: So move. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the proclamations as presented. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. September 27, 2022 Page 41 COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Now we can go to public comment. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT AGENDA MS. PATTERSON: Yes. That brings us to Item 7, public comment on general topics not on the current or future agenda. MR. MILLER: Mr. Chair, we have four registered speakers today on this item; three in the room, one on Zoom. First up we have Rae Ann Burton. She'll be followed by Jackie Keay. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton, 2530 31st Avenue Northeast, Rural Golden Gate Estates, Naples, Florida. There's a serious threat of hurricane with high winds in Naples, coastal storm surge, and schools closed, but we're here. If the public can make the meeting, then so also should the commissioners, and thank you for doing that. Since we have come in spite of hurricane threat, we, the speakers, should be given five minutes, as we're speaking for those that are securing homes and have been evacuated. I just got my storms [sic] up yesterday. I still have more to do. This meeting should be canceled due to the public is restricted from coming due to the threat of hurricane, possible high winds, hard rains and flooding, more than we have now; a lot already in the Estates. September 27, 2022 Page 42 The school superintendents are wiser than the school -- than the BCC board. They canceled the schools. Is not the safety of your constituents more important than developers making a profit? There's also a question of conflict of interest with IRRV project with Commission Daniels [sic]. Four foreclosed parcels of his in the project. He should excuse himself from voting. Also is a concern with contributors. Most -- get fundraising from mostly developers -- CHAIRMAN McDANIEL: Rae Ann? MS. BURTON: -- contractors, commercial real estate -- CHAIRMAN McDANIEL: Excuse me. Excuse me. Excuse me. Stop. This is on today's subject [sic] today. This is on items not on today's agenda. If you continue, I will stop you. MS. BURTON: I am not continuing on that. I am -- CHAIRMAN McDANIEL: You're discussing -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: -- items that are on today's agenda, young lady. Stop. MS. BURTON: There's a conflict of interest that I am talking about -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: This is an item. You can speak at that item when that item comes before us. Continue on with items that are not on today's agenda, please. MS. BURTON: Thank you. Though this may be legal, to me it's putting the fox in the henhouse to guard the chickens. There's much concern (unintelligible) constituents that this board is favoring the developers over quality of life that they moved to the Estates to enjoy. We're losing wildlife habitat, seeing more invasion of bears, panthers, and even alligators in the residential area. Some with devastating results and even human deaths. Also more roadkill and September 27, 2022 Page 43 car accidents due to traffic increase. Development must be agreeable to all parts, not just to developer, but to projects' neighbors as well. I sent a suggestion for a portico [sic] for the speakers of this board. Public should now have four minutes to speak, as stating name, address, and who they represent takes up almost a minute, maybe two. Public speakers, if interrupted by the BCC board, should have the time used by that board [sic] back to the speaker to give them the full minutes. If questions are asked by the BCC Board, time used for the questions should be added back to the public speaker to give the speaker the full time. If after the speaker sits down and comments are made by the Chair or anyone of the Board that may be offensive to the speaker or the speaker feels there should be a response, the speaker should have a one time right to answer or respond to the comment. The proper way to ask for permission to respond should be the speaker should ask, Mr. Chairman, may I respond to that statement? If -- at that time the speaker should be permitted a one-time response to this statement. If a speaker -- public speaker is threatening or actual harm or so upset they cannot control their emotions, then and only then can that speaker be removed by the Chairman. The public speaker should show respect to the Board, and the Board should not be checking laptops, cell phones, or getting up and moving around while the speaker is speaking, and it [sic] should be able to continue when it's not on the agenda. CHAIRMAN McDANIEL: And our next public speaker? MR. MILLER: Your next public speaker is Jackie Keay. She'll be followed online by Tom Ross. And Jackie's been ceded three additional minutes from Brad Cornell, who is right there. She'll have six months. MS. KEAY: Good morning. Jackie Keay. September 27, 2022 Page 44 Since some Christians are using the Bible to justify their evil hatred and lies, I will use God's words to speak the truth. Sin is defined as a transgression of the law of God and a rebellion against God which can cut off -- cut you off from God's grace. The only unforgivable sin is blasphemy against the holy spirit. This also occurs when you attribute your evil actions and hatred to God. You are essentially saying that God is evil, just like Satan. The fruit of God's spirits are peace, love, joy, patience, kindness, goodness, faithfulness, gentleness, and self-control. The seven deadly sins are associated with Satan. They are pride, envy, wrath, gluttony, sloth, lust, and greed. Wrath is defined as uncontrolled feelings of hatred, anger, vengeance. And that was the first deadly sin to be unleashed on our country. Those guilty of this sin did not realize that they were also unleashing the other six deadly sins. Here are some clear examples. Pride. We have local, state, and federal citizens and elected officials who think they are above the law and that they are not even accountable to God. The wrath. Drastic increase in the number of children who are being abused, tortured, and murdered across this nation by their families, parents, and those who are trusted caregivers. Lust, a drastic increase in children as young as three weeks old who are being sexually molested, raped, and sold into sex trafficking. Greed. Investors, management companies, and some landlords are raising the rents too excessively that it is causing many hardworking Americans to go homeless; otherwise, likewise, some community members are so greedy that they are not even willing to share community resources with the working class. Certain elected officials are so focused on gaining and retaining power that they do not care that they are destroying our communities, state, and country. They would rather burn our nation down to the September 27, 2022 Page 45 ground. Evil does have an expiration date. God will hold us all accountable for our private and public deeds. The same devil that gave them their power came to steal, kill, and destroy. He will collect from them and their children. Sin will never go unpunished without our confession, a change of heart, and asking Jesus' forgiveness. So, indoctrination on this level -- we all know history happened during Nazi Germany. I'm an avid fan of history, especially World War II. As a matter of fact, my ex-mother-in-law, her -- she and her siblings were also Hitler youth, so I did get that firsthand perspective as well as from many in the family. What you will see is there is a parallel between what happened during Nazi Germany and what is happening in America. The goal was, number one, racial purity as far as Aryan. If you weren't Aryan, you were seen as defiled. You were sent to the concentration camp or in prison. So the goal was to get Hitler installed as their leader. We see the same thing going on here in America. Hitler was jailed for treason for a year, and we see Donald Trump was kicked out of office. And after that, he came back, and he was able to gain control of the country. And what he did, the first thing was to tear down their democracy as well as to kill their opponents. We see the same thing. If you go up against any elected official, you are kicked out of office or removed from that position. We also saw an overwhelming indoctrination of students and kids within the school system. It was the Rommel's belief that when you control students, you control the future. So they indoctrinated children through the Hitler youth, and indoctrination, obviously, began in the school system. And we see in our school system children, as well teachers, are being told what to learn, what not to learn, instead of allowing educators who are qualified and September 27, 2022 Page 46 experienced do their job. And we also see this blanket hate that has spread across our country. It's easier to indoctrinate people who already have hatred in their heart. And I just read a study. It was done in 2015 as far as anti-Semitism. Those who were indoctrinated during that time period are still holding those same beliefs and hatred in their hearts. One of the things that I see is so disheartening is an increase not only in anti-Semitic, you know, attacks against the Jewish community, but you also see Neo-Nazis in America who are going up and down the street terrorizing people. And our elected officials statewide, DeSantis, Trump, I don't care what you want to name them, they say nothing. And they say nothing because they are in agreement with what is going on. So unless we make some changes in our country, we're going to repeat those same mistakes. Thank you. MR. MILLER: Mr. Chair, I was informed Tom Ross is not, in fact, for public comment but is on standby if needed as a consultant. So I've made a mistake on my 20th anniversary day. CHAIRMAN McDANIEL: Oh, my. MR. MILLER: I think you should get rid of me. CHAIRMAN McDANIEL: Did we give you a bonus for 20 years? MR. MILLER: I do not believe so. COMMISSIONER SOLIS: Yeah? Can we get the check back? CHAIRMAN McDANIEL: Oh, that was the Employee of the Month. MR. MILLER: Yeah, only that guy got a check. CHAIRMAN McDANIEL: We're good for now, then. That's all we have. September 27, 2022 Page 47 Item #9A ORDINANCE 2022-35A AND ORDINANCE 2022-35B: CREATING THE IMMOKALEE ROAD RURAL VILLAGE OVERLAY (IRRVO) BY AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES AND CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO CREATE THE IRRVO, TO REDESIGNATE 585.13 ACRES OF RURAL FRINGE MIXED-USE DISTRICT-RECEIVING LANDS TO SENDING LANDS, OF WHICH 578 ACRES ARE DESIGNATED PURSUANT TO THE HUSSEY SETTLEMENT AGREEMENT, RESULTING IN 210.78± ACRES OF NEUTRAL LANDS, 1991.36± ACRES OF RECEIVING LANDS AND 585.13± ACRES OF SENDING LANDS; TO ALLOW DEVELOPMENT EITHER PER THE LAND DEVELOPMENT CODE OR PER THE IRRVO AT A MAXIMUM OF 4042 DWELLING UNITS; IF DEVELOPED PER THE IRRVO: A MINIMUM OF 3,000 DWELLING UNITS WILL BE LOCATED IN THE RECEIVING LANDS, A MINIMUM OF 25,000 S. F. AND A MAXIMUM OF 125,000 S. F. OF CIVIC, INSTITUTIONAL, GOVERNMENT USES WILL BE ALLOWED IN THE VILLAGE CENTER OF RECEIVING LANDS, A MINIMUM OF 50,000 SQUARE FEET AND A MAXIMUM OF 250,000 S. F. OF COMMERCIAL USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1) THROUGH GENERAL COMMERCIAL DISTRICT (C-4) ZONING DISTRICTS WILL BE ALLOWED IN THE VILLAGE CENTER OF RECEIVING LANDS, WITH ALL September 27, 2022 Page 48 NON-RESIDENTIAL USES SUBJECT TO A CAP OF 375,000 S. F. IN THE RECEIVING LANDS; AND IF DEVELOPED PER THE IRRVO, TO PROVIDE FOR CALCULATION OF DENSITY AND GREENBELT AND NATIVE VEGETATION REQUIREMENTS; FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 2787.27± ACRES AND LOCATED ON THE 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, 35, AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PL20180002660 – MOTION BY COMMISSIONER SAUNDERS TO APPROVE W/FOUR (4) CCPC CONDITIONS; SECONDED BY COMMISSIONER SOLIS – ADOPTED MS. PATTERSON: Okay. Sir, that brings us to Item 9, advertised public hearings. Item 9A is a recommendation to adopt an ordinance creating the Immokalee Road Rural Village Overlay by amending Ordinance 89-05 as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Map Series and Conservation and Coastal Management Element to create the IRRVO, to redesignate 585.13 acres of Rural Fringe Mixed-Use District Receiving Lands to Sending Lands, of which 578 acres are designated pursuant to the Hussey Settlement Agreement, resulting in 210.78 plus-or-minus acres of Neutral Lands, 1,991.36 plus-or-minus acres of Receiving Lands, and 585.13 plus-or-minus acres of Sending Lands; to allow development either per the Land Development Code or per the IRRVO at a maximum of 4,042 dwelling units; if developed per the IRRVO, a minimum of 3,000 dwelling units will September 27, 2022 Page 49 be located in the Receiving Lands; a minimum of 25,000 square feet and a maximum of 125,000 square feet of civic, institutional, government uses will be allowed in the village center of Receiving Lands; 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 commercial, professional, and General Office District through General Commercial District -- the first C-1 -- through the General Commercial District C-4 Zoning Districts will be allowed in the village center of Receiving Lands with all nonresidential uses subject to a cap of 375,000 square feet in the Receiving Lands; and if developed per the IRRVO, to provide for calculation of density and greenbelt and native vegetation requirement; furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. We're ready to hear the petition. CHAIRMAN McDANIEL: Well, my only question is, is there -- this is for the directing of transmittal. We've already transmitted this. This is the adoption hearing. MR. BOSI: Mike Bosi, Zoning Director. I believe the clarification was transmit for adoption. CHAIRMAN McDANIEL: I got it, okay. It doesn't say that. I just -- MS. PATTERSON: Understood. CHAIRMAN McDANIEL: Okay. And you quit reading. Do you want to finish off, since you read the whole thing in the first? MS. PATTERSON: Well, I hoped to cut off a little bit. I already had read all the acreages. Do you want to keep -- I'll read the rest of it for you. So with that clarification, transmittal for adoption. The subject property is 2,787.27 acres and located on the east side of Immokalee Road approximately two miles north of Oil Well Road in Sections 1 September 27, 2022 Page 50 and 2, Township 48 South, Range 27 East, in Sections 25, 35, and 36, Township 47 South, Range 27 East, Collier County, Florida. PL20180002660. This is in Commission District 5. CHAIRMAN McDANIEL: Very good. And I believe this is ex parte, so we have to -- we have swearing in of the people? MR. YOVANOVICH: It's legislative. CHAIRMAN McDANIEL: Is it legislative? Oh, forgive me. My bad. You were -- no wonder you were making a face at me. All right. Let's proceed. COMMISSIONER SAUNDERS: Could I ask a question? MR. MULHERE: We were flipping a coin. COMMISSIONER SAUNDERS: One second. On our agenda, it says this requires an affirmative vote of four for approval. Even though this is not -- I mean, this is a legislative issue? MR. KLATZKOW: Any change to the zoning map requires four votes. COMMISSIONER SAUNDERS: Thank you. MR. MULHERE: For the record, Bob Mulhere with Hole Montes here on behalf of the applicant. I'm going to try to shorten up the presentation and focus on the highlights. With me, obviously, is Rich Yovanovich on behalf of the property owner, Don Schrotenboer. We also have Andy Woodruff and Norm Trebilcock should you have questions on either transportation or environmental issues. I think you've seen this project before, so you know where it's located; depicted on the screen now. This briefly shows what surrounds us, CREW trust to the west, Corkscrew Island Neighborhood to the north and across Immokalee Road to the north, and Golden Gate Estates to the east is the subject property, right here. Very briefly, this proposed overlay includes all three September 27, 2022 Page 51 designations. It has Receiving Lands, it has Neutral Lands, and Sending lands, or it will have Sending Lands because, in accordance with the Hussey settlement, the Sending Lands which are not designated right now are to be designated through this process. COMMISSIONER TAYLOR: With all due respect, so what I'm understanding is not only are we doing this -- CHAIRMAN McDANIEL: One second. If you would, please, let's just stay in touch with what it is that we're doing so that we -- he's in his -- COMMISSIONER TAYLOR: That's what I -- CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: So we are actually -- the Hussey designation will be decided in -- MR. MULHERE: Yeah. That was -- as part of the Hussey settlement, there was a condition -- the Hussey -- the Hussey lands got some Receiving Lands and the 846 Land Trust at the time got Sending Lands. It was an exact swap of acreage, or pretty close to exact. COMMISSIONER TAYLOR: Okay. Thank you. MR. MULHERE: This is your Future Land Use Map, and the subject property is right here. This shows the receiving designation over the whole property. But as I said, and you'll see in just a minute, a portion of that will be designated sending. This is a historic aerial from 1973 on the right and a current aerial on the left, and you can see that the land has been impacted. And those really aren't very different, and it's been impacted by agriculture and earth mining for many years. So here is the exact numbers. The Neutral Lands are 210.78 acres. There's no change in the acreage as part of this transmittal -- part of this adoption hearing from transmittal. The Sending Lands have increased, so we actually have 585.13 acres. September 27, 2022 Page 52 That's 6.64 acres more than we had at the time of transmittal. And you'll see that the Receiving Lands have decreased. We now have 1,991.36 acres of Receiving Lands, which is a 6.64 reduction from the time of transmittal. So that makes up the changes. This is the adoption language. I just highlighted in the areas I already went over the acreage. The second highlighted sentence is the Hussey agreement indicating that there will be a change in the acreage there. And then the last highlighted bullet indicates that -- and this is a change from transmittal -- that the IRRV lands may either be developed under the LDC Section 2.03.08.A.2.a as set forth below. If the developer -- it looks like the language is a little bit wrong in my slide. But if the developer does go forward with a village, the entire thing will be rezoned to a single Planned Unit Development, and so... This is the Sending Lands, which totals 585.13 acres. What I've highlighted here was in your transmittal language, but I just wanted to call attention to it. If we restore those farm fields, there's between 85 and 100 acres of farm fields. We would get an additional bonus credit of one TDR per acre. And this shows those farm fields. CHAIRMAN McDANIEL: Those are over in the northeast side? MR. MULHERE: They're north -- on the northwest side, or sort of central. CHAIRMAN McDANIEL: Forgive me. MR. MULHERE: Yeah. The Neutral Lands provide for a connection to the north to Immokalee Road, and there's a large earth mining lake on those lands as well. Nothing -- we haven't made any changes to the Neutral Lands language either at transmittal or adoption. It's just as is already provided for in your Rural Fringe Mixed-Use District. September 27, 2022 Page 53 Again, the Receiving Lands, 1,991.36. I think the County Manager highlighted these. I'll just go over them real quickly. If we go for a village, we're required to have the spine road, we're required to have a minimum of 50,000 square feet and a maximum of 250,000 square feet of allowable uses in C-1 through C-4 in the village center, and a minimum of 25,000 square feet and a maximum of 125,000 square feet of civic, institution, and governmental uses. We also have provided for a research and technology park. This hasn't changed from transmittal. That has a minimum acreage size -- or a maximum acreage size and square footage. We are also committing to 100 multifamily units in the village center if we go with the village. Total square footage is capped at 375,000 for all of those nonresidential uses. Again, in the village, this shows you how we could achieve the required maximum and minimum density. If we did a village, the minimum density is 3,000 units or 1.51 units per acre, and the maximum is 4,000 or 2.009 units. The Receiving Lands have a base density of one unit per five acres which translates to 398. We're required to do affordable housing. We get a half a unit bonus for each of the 400 affordable housing units we would be required to provide. That's 200 dwelling units. From our Sending Lands, we can achieve 451 dwelling units. That includes the farm field restoration TDRs. And we get a bonus in the village for every TDR credit, a one-to-one bonus, so there's another 451 DUs. So that would total 1,500 dwelling units that we could get from the Immokalee Road Rural Village Overlay lands. That means to get to 4,000 units we would be required to acquire 1,250 TDRs. And that -- and if we were to do the minimum, we would be required to acquire 750 TDRs. September 27, 2022 Page 54 For a non-village, we get the base, 398; we get the sending land TDRs from our own Sending Lands of 451; and to get to one unit per acre, 1,191 units, we would be required to acquire 1,142 TDRs. Just so you know, those are going for 18,5- to 20,000 right now, so we're talking about a big chunk of change, if you do the math. This is the Conservation and Coastal Management Element change. The Rural Fringe Mixed-Use District, when it was adopted, required a 30 percent littoral planting area. We have -- and this was approved at transmittal, but we have -- there's a slight change in it. The change is the first highlighted phrase. So this now reads, "within the Immokalee Road Rural Village Overlay," and this change was requested by staff, "and implemented through a Planned Unit Development or Land Development Code amendment. The total littoral planting shelf area may be reduced to 15 percent if provided with one or more larger aggregated littoral planting areas, providing greater habitat value." And this is just an example -- CHAIRMAN McDANIEL: One second. Commissioner Solis. COMMISSIONER SOLIS: Can -- I don't want to interrupt the flow, but I don't understand that. And I'm trying to understand how a reduction is somehow better. And maybe Mr. Bosi could just answer that. That was -- that change to the littoral planting requirements was proposed by staff -- or whoever could just explain that to me. I've read it twice, and I still -- MR. MULHERE: Well, what we proposed -- COMMISSIONER SOLIS: I must not have had enough coffee today. MR. MULHERE: We proposed it. COMMISSIONER SOLIS: You proposed it. MR. MULHERE: Yes. September 27, 2022 Page 55 COMMISSIONER SOLIS: So I'm trying to figure out how a reduction is good. MS. COOK: Jaime Cook, your director of Development Review. The Land Development Code in the native preservation section of the code, 3.05.07, does allow for a reduction in the amount of littorals required within the Rural Fringe Mixed-Use District if they are doing -- creating increased wetland habitat restoration, creating wading bird habitat, or creating other listed species habitat. So by doing the farm field restoration, they would be eligible for that reduction in the littorals. COMMISSIONER SOLIS: Oh. MS. COOK: So they would be required to do the restoration of that farm field in order to get the reduced littorals. If they were not to do the farm field restoration, they would have to meet the 30 percent. MR. MULHERE: If I could, it's on the screen now. If you just look at Paragraph C, that creates an opportunity, because we are creating listed species habitat in addition to wading bird habitat. But the reason we have that language in there is it's actually more restrictive because it requires us to do it in one or more larger littoral planting areas, and it specifically excludes the two large existing earth mining lakes because they have their own restoration plans. COMMISSIONER SOLIS: Okay. So there's a -- in order to get that reduction, you have to do -- you have to create some other habitats? MR. MULHERE: Correct. COMMISSIONER SOLIS: Okay. MR. MULHERE: It says, create, enhance, or restore habitat for other listed species in a location and amount mutually agreeable to the applicant and Collier County, which I believe we agree. September 27, 2022 Page 56 COMMISSIONER SOLIS: Okay. All right. I get it, okay. Thank you. Sorry for the interruption. MR. MULHERE: That's okay. CHAIRMAN McDANIEL: It's already -- you already interrupted at an appropriate time. Are you at a stopping point for -- MR. MULHERE: I think so. CHAIRMAN McDANIEL: -- me to give Terri a break? MR. MULHERE: You okay with that? Let's do it. 10:42. We'll be back in 10 minutes. (A brief recess was had from 10:32 a.m. to 10:42 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: If everybody would please migrate back to their seats, ladies and gentlemen. Thank you. Oh, you know what, I'm done with coffee for now. All right. Bob, if you would like to continue. MR. MULHERE: We're at a point where -- I mean, it is summary presentation. I think maybe if you -- I know you'll have some specific questions, so we'll see if we can't answer those for you. CHAIRMAN McDANIEL: Okay. Does anybody have any -- I have a couple of questions that I'd like to ask. And my -- you want me to wait till you're done with your happy coffee cake? Commissioner Saunders, do you have any questions of the applicant before I go, or do you want me to go first? COMMISSIONER SAUNDERS: The only question I have is going to be dealing with the communication we got from Brad Cornell concerning the wildlife corridor. And, Mr. Chairman, I understand from your comment earlier that something has been worked out there. That's my issue, and hopefully that can be addressed. MR. YOVANOVICH: And for the record, Rich Yovanovich. September 27, 2022 Page 57 I'm not familiar with what correspondence that may be, but -- CHAIRMAN McDANIEL: Okay. Let me clarify it for you. In the transmittal hearing and the map that was shown, there was a wildlife corridor with a wildlife crossing. And I want -- I want to see that that wildlife corridor and crossing is going to be maintained as was -- as was proposed and accepted in the transmittal hearing. MR. YOVANOVICH: What you saw at the transmittal hearing was the proposed PUD master plan should those items come concurrently. One of the conditions in your staff report is that that wildlife corridor be addressed when the PUD -- if a PUD comes back for consideration by the Board of County Commissioners. So that will be a requirement that we address that -- CHAIRMAN McDANIEL: There's no "if." MR. YOVANOVICH: -- at the PUD. If we come in a PUD. CHAIRMAN McDANIEL: Well -- and that's one of my questions, Rich. And I said this to you; I said it to Don. I don't want -- there's a reason why someone's asking for a choice between the village and the other -- and the other proposition that's here. There's a reason for that choice. And if this isn't coming back for an approval by an MPUD, then we don't have the capacity of protecting the wildlife corridor and the crossing. That was -- that was one of the precedents for the acceptance. The other question that I have is the transportation aspect of it. I saw language specifically in the village prospect with regard to the new Immokalee Road. I want to make sure -- I call it the new Immokalee Road. That's the one where the -- where the -- MR. YOVANOVICH: I understand. CHAIRMAN McDANIEL: We call that the new Immokalee Road. And so I want to ensure that we've got provisions from a transportation perspective for the corridor -- or for the right-of-way September 27, 2022 Page 58 for that new Immokalee Road, its construction as well, and the intersection improvements for both. If this project isn't coming back for a MPUD, then there are circumstances that need to be addressed today. MR. YOVANOVICH: This is a -- okay. The reason we're here now without the PUD is because all of the additional requirements associated with a village at this point makes the project not financially feasible as a village. We don't want to abandon hope on maybe doing a village if costs come down for potentially doing the village, because we have to do commercial, we have to do this bisecting road, we have to do affordable housing. All those things come with a village. If we were to go under today's Land Development Code requirements, which we're allowed to do, if we somehow don't get this Growth Management Plan amendment through, we'll have -- the only option we'll have is to develop under the existing Land Development Code, which would be at a density of about 2,000 units at, you know, one per acre. But we would not have to commit to all of that commercial, we would not have to commit to affordable housing, and we would not have to commit to build that road, the new Immokalee Road. Trinity has the ability to get that right-of-way because it's in her long-range plan. And I may have the wrong terminology, but it's in her plan to do that new Immokalee Road. But as a village, we build two of the four lanes. All of those costs right now, and the difficulty in actually finding the TDRs, makes a village today not feasible. That's why you do not have the PUD as a companion item. We had to go through with the Growth Management Plan amendment now because, under the larger-scale Growth Management Plan amendments, you have to have your adoption hearing within a period of time after the state review occurs. We've already gotten a September 27, 2022 Page 59 couple of extensions. We're past the extension period. That's why we brought forward the GMP today with the hope someday we'll come back and do a PUD. And at that PUD stage, we will address the wildlife corridor, which we would not have to address today as part of the Land Development Code provisions. There is also a question about whether the agencies themselves even want this interconnection to occur because it will be introducing certain species. One through the old -- crossing the old Immokalee Road, then crossing the new Immokalee Road, and sending them into the Estates. Some of the agencies don't think that's a good idea to be introducing panthers and other animals into a part of the Estates that's now being populated with homes. So we thought it was better to leave that discussion to the PUD stage and not have it as a commitment today in the Growth Management Plan amendment. We cannot commit and we will not commit to including that as a requirement in the GMP today. We would prefer to do that at the PUD when we have an actual site plan and we are further along in our permitting with the agencies so we can properly address those comments then. So I hope that's telling you why we're doing what we're doing and why some of these commitments will put us over the top, and we won't have the ability to do a village. We'll just develop under the existing Land Development Code. So we'd like to stay with the potential of doing a village and bring back a PUD if the finances change. And I think -- I think staff would like us to try to do a village as well to bring commercial to that area and reduce trips west into the urban area. CHAIRMAN McDANIEL: With the benefit. Commissioner Taylor. COMMISSIONER TAYLOR: So they found panthers in Port Royal years ago, swam across from Keewaydin. So the idea of a September 27, 2022 Page 60 wildlife corridor suddenly exposing Golden Gate to all these not-so-welcomed beasts -- CHAIRMAN McDANIEL: They're already there. COMMISSIONER TAYLOR: They're there, yeah. And I believe the Governor has just given several million dollars for the establishment of a wildlife corridor. So it's clear that Governor DeSantis' priorities are backed by a significant amount of money to develop this wildlife corridor through Florida. MR. YOVANOVICH: But not in this specific location. COMMISSIONER TAYLOR: Not in this specific location. I would look -- I'll look forward to hearing from, you know, our Audubon folks and Florida Wildlife folks about this issue. But -- so, I -- I mean, you've been very forthcoming about why you want the option, village or no village. But why does that -- why has that got anything to do with us? MR. YOVANOVICH: Well, because you're -- the only way I could do a village is to amend the Growth Management Plan that would allow me to do the village. If I don't amend the Growth Management Plan, under the current village criteria it doesn't work at all. You don't have a single village that has come forward in the Rural Fringe Mixed-Use District. It's different than a Rural Lands Stewardship Area. You were supposed to have villages where -- Bonita Bay, now Ronto, that was supposed to be a village. Too expensive under the existing criteria to do a village, so they developed under the existing Land Development Code. Where we're located, supposed to be a village. If it made sense to be a village under the existing Land Development Code, we would have brought that village forward. So we're bringing to you proposed amendments to the village criteria that make the village -- CHAIRMAN McDANIEL: Plausible. MR. YOVANOVICH: -- possible. Now, remember, we September 27, 2022 Page 61 started this process a few years ago before the skyrocketing costs of construction and other things. So that's -- that's a factor, I guess, fortunately for us, that happened before we got to the adoption stage. So that's why we're tinkering with -- or modifying the village criteria so that you could potentially have a village. So that's what it has to do with you. COMMISSIONER TAYLOR: Okay. So the -- I think -- I don't know if we spoke about this. I understand the littoral issue, and I'm comfortable with that. I'm still, you know, hesitating about -- but, I mean, in a sense, you're giving us -- you're giving us choices, but it's not real choices. If we want the possibility of a rural -- of a Rural Village with affordable housing and the commercial, then we need to amend the GMP. If we don't amend it, which gives you the control, right, village or no village, then you've got the control anyway. So it's really not much of a choice. It's a process we're going through. MR. YOVANOVICH: Well, you could say no. You could say no -- COMMISSIONER TAYLOR: If we say no, then we've -- then it's clear, if you go forward with development today, the costs are not correct for your business model, and I respect that, that there's not -- that's not a criticism. MR. YOVANOVICH: No. We have -- right now we have no choice. Our only choice today, if we don't amend the Growth Management Plan, is develop under the existing Land Development Code. We're asking you to give us an opportunity to potentially bring a village and bring that PUD associated with that, because we're telling you right now, and history has shown you, that the existing provisions in the Land Development Code and the Growth Management Plan will not result in a property owner bringing forward a village within the Rural Fringe Mixed-Use District. September 27, 2022 Page 62 COMMISSIONER TAYLOR: Okay. So the final one is, I'm not happy with the way you defined affordable housing. I think we should use affordable housing -- I don't like the limitations of 80 to 120 thousand -- or percent of the mean. I'd like to widen that a little bit, but I'm only one person up here. MR. YOVANOVICH: I don't know what "widen" means. Do I get to go to 140? COMMISSIONER TAYLOR: I think 60 to 120 or -- I wouldn't go 40 -- maybe 60 percent of the average median. MR. YOVANOVICH: Commissioner, if you all elect to put a range of 60 to 120, that will be a factor that will decide whether or not to come forward in the future with a PUD to do a village. That's -- I mean, right now -- COMMISSIONER TAYLOR: That's what I -- MR. YOVANOVICH: The reason the 80 to the 120 was in there was because that's what the Planning Commission recommended, that that would be a range for people to be served and the specifics of what categories would be served, and the number of units in each of those categories would be decided and the location of those units would all be decided at the PUD. COMMISSIONER TAYLOR: Okay. MR. YOVANOVICH: It's a range. If you want to lower the range, it will be a factor that we'll factor in because my guess is -- I don't know what the Commission will decide at that time. If they decide to impose a 60 percent or less, we'll have to evaluate that at that time. COMMISSIONER TAYLOR: Right, thank you. CHAIRMAN McDANIEL: Would you please, somebody, Bob or you, put up the two choices with a Rural Village and/or not, with the ramifications -- MR. YOVANOVICH: The two choices. September 27, 2022 Page 63 CHAIRMAN McDANIEL: The two choices that you're proposing today if we amend the GMP and allow for the option of a Rural Village or not. MR. YOVANOVICH: Did you want the TDR calculation we showed you? CHAIRMAN McDANIEL: Yes. That was the slide. MR. YOVANOVICH: I don't know what's going on right here. MR. MILLER: I'm trying to find the slide. Bob's going to be better equipped. MR. YOVANOVICH: It's right here. Is it up? It's a black screen. CHAIRMAN McDANIEL: And I didn't mean to interrupt, Commissioner Taylor. Are you okay for now? COMMISSIONER TAYLOR: Yeah. No, that's a good thing to do, and then I have one more thing that I want to bring Mr. Bosi up -- MR. YOVANOVICH: Commissioner, is that what you had in mind? CHAIRMAN McDANIEL: Yes. MR. YOVANOVICH: Thanks, Troy. CHAIRMAN McDANIEL: Thank you. And go ahead, Commissioner Taylor. COMMISSIONER TAYLOR: Okay. It's not to do with that. But -- or maybe it's Ms. Scott, because I want to confirm that. Is the spine road referred to in Mr. Mulhere's presentation the same new Immokalee Road? Is that -- is that one and the same? MR. YOVANOVICH: Yeah. If we were to do a PUD, the spine road is the same as new Immokalee Road. COMMISSIONER TAYLOR: Okay. All right. CHAIRMAN McDANIEL: I'm calling Trinity. I just gave her the -- I just gave her the sign. September 27, 2022 Page 64 COMMISSIONER TAYLOR: It's all in one, right? It's the same thing? MR. YOVANOVICH: It's the same thing. It's the same thing, yes; yes, ma'am. CHAIRMAN McDANIEL: Correct. COMMISSIONER TAYLOR: So if we let you get this -- if we agree to the amendment, then we get the spine road. If we don't, we don't? MR. YOVANOVICH: If we don't build a village, we don't build a spine road. COMMISSIONER TAYLOR: You mean contribute to it? MR. YOVANOVICH: We let the county come buy the right-of-way. COMMISSIONER TAYLOR: So I -- I definitely think we need to hear from Ms. Scott on this one. MS. SCOTT: Good morning. Trinity Scott, Transportation Management Services department head. In either event, we will be reserving the right-of-way for new Immokalee Road a/k/a spine road, whatever it is. It is identified in your Long-Range Transportation Plan. When you were seated in this same room as your MPO board, you adopted that Long-Range Transportation Plan with that roadway corridor in there, which then allows my staff to be able to work with developments as they come forward to reserve that right-of-way as necessary. Now, with a village road and the spine road, based on their own internal traffic, they will have to build two lanes of that four-lane roadway to accommodate their own traffic, and then we will work with them through a developer agreement that would be a companion item coming through to be able to, perhaps, have them go ahead and build those extra lanes for credits or for other payments. MR. KLATZKOW: If you want that spine road, all right, the September 27, 2022 Page 65 way to do it is to do it now as a condition of this approval. And if you were going to go that route, I would suggest you set the purchase price as to what land is worth now rather than after all these entitlements are granted. CHAIRMAN McDANIEL: That's a twist. MR. YOVANOVICH: To what? I mean, are we talking about as part of the village? MR. KLATZKOW: No, as part of the approval of your request. MR. YOVANOVICH: Well, let me make sure -- I have to break this down to understand what just happened. COMMISSIONER TAYLOR: So -- MR. YOVANOVICH: Let me ask the question. If it's going to be a condition of our being able to develop under the existing Land Development Code provisions that we also have to build a spine road, is that what you're suggesting, Mr. Klatzkow? MR. KLATZKOW: No. What I'm suggesting is you have an application before the Board. The Board can, as a condition of the application, at this point in time, resolve the issue of the spine road. MR. YOVANOVICH: What I'm asking is for the clarification under -- is it under -- if I want to just do a 2,000-unit Land Development Code requirement, I'm going to have to also do a spine road or if it's -- MR. KLATZKOW: No, you're not doing the spine road. We're doing the spine road, but we're reserving -- we're reserving the ability to purchase it at today's prices, not the prices two, three, four, five years down the road. Rich, we do this all the time. MR. YOVANOVICH: Jeff, but there's two different scenarios here. I mean, you already have the ability today -- CHAIRMAN McDANIEL: Correct. MR. YOVANOVICH: -- to reserve the right. September 27, 2022 Page 66 CHAIRMAN McDANIEL: The right-of-way is reserved today, if I'm not mistaken, in either case. If I heard Trinity say that, the right-of-way is, in fact, reserved in either case. In the village case, they build two of four potential lanes. MS. SCOTT: Just for clarification, Mr. Chairman, the roadway itself, the specific area for the right-of-way reservation is not dedicated as of right now, it is not reserved; however, with the next development order that would come in for the parcel, whether that be for a village or for a non-village, staff would work with the applicant to reserve that right-of-way at that time. That is what we have historically worked through. Typically, you would see a PUD that comes in as a companion, and Mr. Yovanovich talked about that. That would have probably worked out some of these kinks, but... But, yes, in either event, whether it's a village or non-village, my staff and I will be working with the applicant to reserve the necessary right-of-way for a four-lane facility to connect Immokalee Road to Immokalee Road for the new Immokalee Road. CHAIRMAN McDANIEL: Right. And I don't think at this particular time -- I mean, personally, anyway, we've all decided that having that -- having that new Immokalee Road is an okay thing if, in fact, the village goes forward, but if we don't do the village, you're still -- the contribution of the right-of-way along the old Immokalee Road, that's still part of the non-village? MR. YOVANOVICH: No, sir. COMMISSIONER LoCASTRO: No. Can I -- I want to ask -- CHAIRMAN McDANIEL: Okay. Commissioner -- well, Commissioner Taylor, you're still up, and then I'll come to you, LoCastro. COMMISSIONER TAYLOR: Well -- and just as a point of historical information, I would remind my colleagues that we had an September 27, 2022 Page 67 RLSA development that we assumed there would be a contribution from the developer to build a road, and they changed their minds, so the -- CHAIRMAN McDANIEL: Which one was that? COMMISSIONER TAYLOR: No, we don't want to go there. CHAIRMAN McDANIEL: Yeah, nor do I. MR. YOVANOVICH: And I don't either. COMMISSIONER TAYLOR: And I would suggest -- and they were within their right to do it. MR. YOVANOVICH: I don't remember -- CHAIRMAN McDANIEL: There wasn't -- MR. YOVANOVICH: I haven't done every RLSA program out of there, but I've done all of them -- I guess I have. CHAIRMAN McDANIEL: Let's stay in the RFMUD. MR. YOVANOVICH: I don't remember that. CHAIRMAN McDANIEL: We've got enough to discuss trying to separate between the RLSA and the Rural Fringe Mixed-Use District, so let's stay here. COMMISSIONER TAYLOR: Okay. So, Mr. Klatzkow, you're suggesting that, as much as we legally can, we -- you're shaking your head, so I'm going to turn this over to you. MR. KLATZKOW: No. What I'm saying is if you want the spine road, irrespective of if it's a village or not a village, now is the time to make that as a condition of this approval. They may not accept it and may walk away. But if you want that spine road, now is the time to get it, and I would suggest you get it at today's fair market value rather than fair market value down the road. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Okay. And I may be able to make this a lot simpler, just to clarify. Commissioner Taylor, I don't mean to interrupt. Did you have -- September 27, 2022 Page 68 COMMISSIONER TAYLOR: No, no, I am finished now. CHAIRMAN McDANIEL: Okay. Commissioner LoCastro. COMMISSIONER LoCASTRO: Just in simplistic terms, if we approve the village, then the applicant, the developer, has more of a responsibility for that road, and if we don't approve the village, then you don't, correct? I mean, I'm just simplifying. I mean, there's a lot of stuff flying around here. But in laymen's terms, that's basically it. Village, more responsibility on you financially for the road. If we don't, then you'll go by, sort of, normal processes and procedures, and you make no voluntary -- volunteer -- you don't volunteer making any sort of investment in the road, where the village, that's a condition? MR. YOVANOVICH: Correct. COMMISSIONER LoCASTRO: That's in the package? MR. YOVANOVICH: That is correct. CHAIRMAN McDANIEL: And we go from 2,000 units to 4,000 units. COMMISSIONER LoCASTRO: Right. Yeah, that's the tradeoff. That's the tradeoff. MR. YOVANOVICH: And 400 affordable housing units from zero. COMMISSIONER LoCASTRO: Yeah. That was the second part of my question. I think it's important to sort of summarize. Village, these are the things that are under there. It's more financial responsibility for the road. A village is certainly different than just sort of building housing, right? So it's more of a mixed use. It has affordable housing in it, a bunch of other things. If we don't approve any of that, then we get sort of a normal development which doesn't have all of those -- I won't say -- MR. YOVANOVICH: Correct. COMMISSIONER LoCASTRO: -- extras or enhancements. September 27, 2022 Page 69 It's arguable if those are extras or enhancements, but those additional things on the list, correct? MR. YOVANOVICH: Correct. COMMISSIONER LoCASTRO: And that's what we're trying -- that's what's up for debate today -- MR. YOVANOVICH: Correct. COMMISSIONER LoCASTRO: -- if we're going to allow you to move forward with the village and the list that goes with it or non-village and the shorter list that goes with it, correct? CHAIRMAN McDANIEL: And when you come back for the non-village, you still have to do a PUD or plat. MR. YOVANOVICH: A plat. CHAIRMAN McDANIEL: A plat. MR. YOVANOVICH: A plat. CHAIRMAN McDANIEL: At which point we have little to no negotiating power with regard to how and what you do? MR. YOVANOVICH: Correct. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick question. If you do not do a village but you do the non-village approach under the current LDC, what happens to the wildlife corridor that we're talking about? MR. YOVANOVICH: You don't get it. COMMISSIONER SAUNDERS: So that would go away? MR. YOVANOVICH: And -- yes. COMMISSIONER SAUNDERS: All right. And you're going to have to come back with a PUD? MR. YOVANOVICH: Correct, if we do the village. COMMISSIONER SAUNDERS: If you do the village, and that will require four votes as well -- MR. YOVANOVICH: Correct. September 27, 2022 Page 70 COMMISSIONER SAUNDERS: -- is that correct? MR. KLATZKOW: If they come back, yes. COMMISSIONER SAUNDERS: Well, I mean, if this is approved today and they want to do a village, they have to come back. MR. YOVANOVICH: Correct. MR. KLATZKOW: Yes, but they've already said they presently cannot do a village. COMMISSIONER SAUNDERS: I understand they may not do a village. It may not be -- MR. KLATZKOW: Four votes. COMMISSIONER SAUNDERS: -- economically feasible, but if they move that way, they have to come back, and we can address the wildlife corridor at that time. MR. YOVANOVICH: Correct. COMMISSIONER SAUNDERS: If we don't approve this, then they do a non-village, and we don't have to talk about wildlife corridors because it just simply goes away. CHAIRMAN McDANIEL: Nor the road. COMMISSIONER SAUNDERS: Which would not be -- that issue would not be in front of us. MR. YOVANOVICH: Correct. CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: Which I think would not be a good result. And I'll look to Brad Cornell and all -- I mean, I would like to hear from them at some point before we -- MR. YOVANOVICH: Of course. CHAIRMAN McDANIEL: We will. We'll get to them when we -- I'm assuming they're listening. COMMISSIONER SAUNDERS: And I'd like to hear from staff as well in terms of just the overall planning for that area as to September 27, 2022 Page 71 why the village would be beneficial versus the -- CHAIRMAN McDANIEL: My goodness. COMMISSIONER SAUNDERS: -- non-village. I just want to get that on the record. I understand, Mr. Chairman. But I just want to hear -- I want to hear what -- CHAIRMAN McDANIEL: Yes, sir. Yes, sir. Yes, sir. Commissioner Taylor. COMMISSIONER TAYLOR: No, I was going to agree with my colleague, Commissioner Saunders. I think it's time to hear from Mr. Bosi, if the Chair is willing to bring him up. CHAIRMAN McDANIEL: Well, before you leave, just -- and where's the picture of the proposed Rural Village as it is -- as it's being proposed now without -- with the lake where the wildlife corridor used to be? The picture. MR. YOVANOVICH: You mean the master plan? CHAIRMAN McDANIEL: Sir? MR. YOVANOVICH: An outdated PUD master plan -- CHAIRMAN McDANIEL: Yes. The outdated PUD -- MR. YOVANOVICH: -- that wasn't submitted yet. CHAIRMAN McDANIEL: Correct, yes. Right -- and that's Tract B up there. MR. YOVANOVICH: Yes, Tract B would be -- I think is what some people would like to see become a wildlife corridor. CHAIRMAN McDANIEL: And did I hear -- well -- and did I hear you say that you were not today going to commit to the wildlife corridor or the road? MR. YOVANOVICH: As part of a -- CHAIRMAN McDANIEL: PUD. As part of a transmittal hearing -- MR. YOVANOVICH: We will agree -- CHAIRMAN McDANIEL: -- for the GMP amendment, did I September 27, 2022 Page 72 hear you say you are not committing to the wildlife corridor or the road? MR. YOVANOVICH: The road is already a requirement. The wildlife corridor we're not committing to. We're already required to do a road. We'll work with Trinity as to the exact location of it. CHAIRMAN McDANIEL: Gotcha. MR. YOVANOVICH: But the wildlife corridor we would like to address -- CHAIRMAN McDANIEL: At the PUD stage. MR. YOVANOVICH: -- at the PUD stage and not today. CHAIRMAN McDANIEL: If, in fact, you come back with a village -- MR. YOVANOVICH: If we come back. CHAIRMAN McDANIEL: -- and if you don't do the village, then you're not required to do a PUD and, again, as Commissioner Saunders already said, you're not required to do the corridor or the crossing. MR. YOVANOVICH: Correct. CHAIRMAN McDANIEL: Commissioner Taylor, have you got another question? COMMISSIONER TAYLOR: No. I just think we need to hear from Mr. Bosi regarding the wildlife corridor. CHAIRMAN McDANIEL: Okay. Very good. Thank you. MR. BOSI: Mike Bosi, Planning and Zoning director. And I will get to the wildlife corridor in a second. Just to remind, at the very beginning, this requires four votes, four affirmative votes because you are amending the Growth Management Plan. You are -- within it there's two specific ordinances. One, an ordinance for the Future Land Use Element which contains most of the Rural Village modifications/amendments and then the CCME, which we've spoken about, the littoral planting. Those are the two September 27, 2022 Page 73 elements of the GMP that you're being asked to amend. One of the most important things I think that has to be recognized of why the option of the Rural Village has value to the county, one, it completes, it closes the loop on the Hussey settlement. That Hussey settlement was a long time in the making. It does require that the 578 acres be designated Sending Land as an offset to the exchange for the Receiving Lands that the Hussey received as part of that settlement. So this closes the loop. It closes the -- it completes the transaction that was mediated through the court system related to the Hussey settlement. CHAIRMAN McDANIEL: One second. If we don't approve the GMP amendment, what happens to -- the settlement doesn't change. MR. BOSI: The settlement doesn't change. Staff then has to work with the applicant to initiate a Growth Management Plan amendment to redesignate the 578 acres within their property. The specifics of that, I couldn't tell you exactly the ins and outs, but we would -- that's what we would have to take up. As well as the benefit is, of course, the 400 units for affordable housing would be something that the village would be able to provide for compared to the nonresidential or to the -- to the platting option. A second -- or another sits within what was proposed as part of the Rural Fringe Mixed-Use District amendments that we didn't move forward at transmittal. We held back based upon recommendations from the Planning Commission. But that's economies of scale. And what does that mean, economies of scale? Well, at one unit per acre, the amount of commercial square footage that could be supported by this development's going to be somewhat limited. Within the village allowances, they're allowed to ask for up to three units per acre, and those three units per acre starts to add the economies of scale towards where the commercial can be supported September 27, 2022 Page 74 in a wider manner, meaning that more goods and services, more economic opportunities would be available within the village area. One of the things I think that they've -- or they've stated on the record was there's -- the amount of commercial that is required from the village based upon the amount of commercial that's entitled within this area -- which is a significant amount. Staff recognizes that. And with Bright Shore, an SRA that's going to be coming up in future meetings as well, there is a lot -- over -- millions of square foot of commercial allocation within this general area. So the more economies of scale, the more density that we can get to be able to support those commercial ventures only helps the long-term transportation network of the amount of and the variety of commercial that could be developed within the area that we know will be able to serve those Estates lots as well. And as far as the wildlife corridor, part of the recommendation from the Planning Commission and staff's recommendation to the Board of County Commissioners -- and I think it's been alluded to from Mr. Yovanovich -- will be addressed at the MPUD. But what I will say is if they would go the plat route, before they would be in that development order, Ms. Cook's team would say, okay, show me your U.S. -- your federal permits. So if the federal agencies thought that that -- the large mammal corridor was the appropriate location and area, that would be an ask. So I'm not sure if the -- if we would go to the plat and not go through the Rural Village, I don't know if that goes away. I just don't know what the perspective of the federal agencies are regarding that large mammal corridor. CHAIRMAN McDANIEL: I think the decision -- my concern would be the decision's not with this board, then. It's with the federal agencies making a call as to whether or not there was a plausible path for those creatures to move to and through. September 27, 2022 Page 75 MR. BOSI: Agreed, agreed. What -- I will say that the Planning Commission heard this back in August, unanimously recommended approval with the five individual conditions that are contained within your executive summary. Staff is still recommending approval. I think the option to potentially have that mixed-use PUD has value. They can move forward with the LDC process as -- as it exists. It does complicate the issue because we will have to defer to the federal agencies, as the Chair had said. We'll have to -- we'll have to construct all of that spine road on our own dollar, whereas if it was the village, you know, there's a cost sharing that goes -- associated with it. So there are some advantages of leaving that door open, but I also understand the Board of County Commissioners would like more specificity at this stage and, unfortunately, with only having the GMP in place, there's more -- there's less that you guys have control over because we're not at the zoning stage as well. But, overall, staff is -- is recommending approval subject to the conditions that were contained, and we'd be happy to answer any questions the Board may have. CHAIRMAN McDANIEL: Technically, we are at the zoning stage. If we approve the GMP amendment, we are at the zoning stage for a non-village or a village. So, technically, we are at the zoning stage. If they choose to not do the village, then the benefits associated with the village approval don't come forth. They are then -- MR. BOSI: Yes. CHAIRMAN McDANIEL: But they are, today, approved without even talking to us for a non-village per right that they currently have, which is plus-or-minus 2,000 units. MR. BOSI: Correct. And the one thing I will say, the one September 27, 2022 Page 76 benefit either/or -- either/or, in the village there was 750 to 1,250 TDRs that were going to be required for consumption. The non-village option was 11,420 [sic]. CHAIRMAN McDANIEL: Hundred. MR. BOSI: Or eleven hundred, I'm sorry. Thank you. Either way, it's a tremendous advancement of the Rural Fringe Mixed-Use District program, because that type of a consumption -- we have not seen that level of consumption of TDRs, and the process has been around for close to 19 years. And I don't agree with counsel when he states each -- there was four receiving areas, each one of those receiving areas were encouraged to have a village development, and the market has not responded. I think the availability of TDRs and the cost of acquisitions of TDRs is something that is still problematic from a regulatory standpoint, and part of what we're going to be doing when we bring back the Rural Fringe Mixed-Use District amendments is updating the estimation of the number of credits that are in the system, the number of credits that are going to be demanded of the system, and I think that will be informative to this very issue of what steps we probably need to take to increase the liquidity of TDRs to make this program move forward in a little bit more proactive fashion. CHAIRMAN McDANIEL: And the development criterium within the village. That was one of the prohibiting factors from the inception of the Rural Fringe Mixed-Use District. There was a considerably higher expense associated within the -- within the described development criterium, so... Okay. I don't have anybody lit up. Anybody else have a question before we go to public comment? You all set? (No response.) CHAIRMAN McDANIEL: All right. Let's do it. Let's do the September 27, 2022 Page 77 public comment, Troy. MR. MILLER: Mr. Chair, we have seven registered speakers today. Your first speaker is Brad Cornell, and he will be followed by Meredith Budd. I'd like to encourage the speakers to use both podiums and queue up, please. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon Western Everglades and Audubon Florida. Thanks for the opportunity to address you on this project. So Audubon Western Everglades and Audubon Florida have met with the developer's representatives, with your staff, and with you over the last two years to talk about, you know, the comings and goings of this project. That resulted in our provisional support for the Board's transmittal of the Immokalee Road Rural Village Overlay in March of 2021, and that was largely because in that version, which I've shared with you maps of that conceptual master plan for the village, they had committed to and -- in our meetings with them they had committed to protecting an existing large mammal wildlife corridor that went between Bird Rookery Swamp, Horse Pen Strand, and the CREW lands to the north. That earned Audubon's support for that large portion of this project. That's a preserve across the entire top of the project. A few months after that, the project concept changed. They changed their development proposal and took that out and put development in a large lake in the way of that large mammal corridor. And we saw that as a -- basically bait and switch. This -- you've taken away, from our perspective, one of the most important elements for wildlife and the ecology and the environment of this region. Now, I want to point out, the consultants have said -- the September 27, 2022 Page 78 applicant has said that they don't like the wildlife corridor because it's going to be introducing wildlife, panthers and bears, into Golden Gate Estates, but that's not true. Those animals are already there. They are already using this corridor and this connection. So that's no introduction. That's -- what we're looking for is protection of an existing large mammal movement corridor, and the agencies recognize that, both the state and the federal agencies. Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service do support the protection of this corridor. We've met with both of those agencies, and that is the -- that is the current position of them. So -- and one other thing I want to point out is that the -- this is not a question of financial feasibility, protecting this wildlife corridor. So I'm not sure why the applicant is reluctant to make that commitment to you today. It doesn't have to do with financial feasibility. And one other thing, there is a local Collier County interest in this. You currently have been buying, through your Conservation Collier Program, including more parcels that are going to show up on your later agenda today for Cycle 11A, you have been buying parcels in the Horse Pen Strand. That's part of this corridor. So we support protecting that as part of this process. Thank you. CHAIRMAN McDANIEL: Do you have a question for him before I cut him loose, Commissioner Saunders? COMMISSIONER SAUNDERS: I think just -- well, I don't have a question at this point. I'm sorry. CHAIRMAN McDANIEL: I just wanted to -- we can always bring him back if we need him. MR. MILLER: Your next speaker is Meredith Budd. She'll be followed by Matthew Schantz [sic]. September 27, 2022 Page 79 MS. BUDD: Good morning, Commissioners. Meredith Budd on behalf of the Florida Wildlife Federation. So in order to not -- try to be not duplicative of Brad's statements, the Federation was also supportive at the transmittal hearings under the understanding that the applicant had been communicating with our groups, putting forth a conceptual plan that maintained a wildlife movement corridor, and that was something we were very supportive of. I want to also express the same sentiment that it doesn't feel good when we stood up here and supported a transmittal document and then see the conceptual site plan change, and then -- especially moving into this hearing there was no communication between the applicants and the Florida Wildlife Federation. And I can't speak, necessarily, on behalf of Audubon, but I don't believe with Audubon either in advance of this hearing. That was disappointing. We did really appreciate the coordinated effort in the previous transmittal hearings. I do want to point out that the Receiving and Sending Lands as part of this project are part of a settlement agreement, and they are not necessarily identified because of their environmental value. So if you look at the overall -- overall aerial view of the site plan, you'll notice that where the corridor is, where that new area that was put in after the fact, is actually pretty wet. And so when you go through Section 7, I do -- I would love for the county to be able to take a stronger stance and be able to maintain a corridor over time, but I believe that based on the ground cover and the opinions of the agencies, that that would be a very difficult spot to put development in if you were to go that route. I do want to note, too, I heard today that the applicant that says that the agencies don't support protecting the corridor. I have emails that I've provided to the applicant, and I'm happy to provide to each September 27, 2022 Page 80 and every one of you, from the FWC and from the U.S. Fish and Wildlife Service, stating the value of protecting the corridor, and that the previous site plan was preferred over the new version of the site plan. So I'm not quite sure what agency folks the applicant was speaking with. The ones that we've spoken to that are local to this area and that know panther and bear issues certainly were supportive of the corridor. Just to reiterate from the transmittal hearing so you have a better understanding of what FWF is really looking for, it's just to maintain wildlife movement. There's wildlife moving through that area regardless right now. We're not introducing wildlife through -- by having this corridor in place. When we spoke with the applicant previously, they had spoken about maintaining the corridor, crossing structure on the internal road. And then I also want to elevate, just to the county -- I know this is not the direct obligation of just the applicant, but the north/south segment of Immokalee Road is a hot spot for wildlife mortality. CHAIRMAN McDANIEL: Go slow. You've been talking too fast because you're inside your 30 seconds. MS. BUDD: Sorry. CHAIRMAN McDANIEL: And poor Terri's over here spinning. MS. BUDD: So sorry. The north/south segment of Immokalee Road is a hot spot for wildlife mortality, panthers and bears. So if and when there's a road widening, I think the county has an obligation to work with the applicant, work with the agencies to implement wildlife crossing structure on that north/south segment to limit wildlife mortality, not just for the benefit of wildlife, but for human safety concerns as well. So I think that this would be appropriate to come back with the September 27, 2022 Page 81 PUD companion. Thank you so much. CHAIRMAN McDANIEL: And if I'm not mistaken, just on that point, the village concept has a contribution of right-of-way along Immokalee Road, if I'm not mistaken. Trinity? Trinity's saying yes. There is a, I think, 100-foot swath on the old Immokalee Road that goes up through there that is a contribution from the developer, should they go forward with a village, which would allow us to address some of those mortality issues that you're talking about. MS. BUDD: Thank you. COMMISSIONER LoCASTRO: I had a question for her. CHAIRMAN McDANIEL: Oh, sure. I'm sorry. Meredith, come on back. I missed Commissioner LoCastro. How could I do that? COMMISSIONER LoCASTRO: Because you're always ignoring me. No, I'm just kidding. And I'm okay with it. Wait till I become Chair in January and see what happens. Meredith, just so I have it clear -- because you and Brad both came to see me, and I assume the other commissioners as well. And these aren't my words, but to simplify the question, Brad saying the bait and switch, the two different maps. What you contend is the natural corridor that currently exists is used aggressively by wildlife. The corridor that they're going to, quote, sort of replace it with is not one that would have that same sort of use, it's in the wrong spot, or maybe a variety of things. Can you tell me the difference between the two and why -- you know, I understand your contention that there was sort of a change, and maybe you weren't privy to it. Like you said, there was no communication is what you're saying. What's the difference between the two? So it's not -- it's not a one-for-one in your mind? It is a big difference in location, use, you know, advantageous, you know, location to current wildlife? September 27, 2022 Page 82 MS. BUDD: Yes. So the change that has come forth on preliminary site plans, the one that was most recently submitted to the county, it has a development pod and a large stormwater body of water that would block the wildlife corridor. It would sever that corridor. So basically what it would cause is basically a little roundabout for wildlife. So you're next to Bird Rookery Swamp. You're going to have wildlife coming into this village footprint, but what ends up happening is when there's no escape valve, right, there's nowhere for them to go, they're just going to get stuck in this area of the Sending Lands in the north of the property, and they're going to either cause wildlife conflict within the village or in the immediate housing area to the Corkscrew neighborhood to the north and have to cross Immokalee Road again, which is another barrier for wildlife movement. That development pod and the water body that's now blocking it, if that wasn't there, it actually provides a release valve for wildlife. So as they come in, they can actually exit, enter into Horse Pen Strand and move on north into northern conservation lands, and that's the opinion of technical experts and the opinion of the agencies that we have provided to the applicant. COMMISSIONER LoCASTRO: When you saw those changes and you didn't hear from the applicant or they didn't talk with you first, is your contention, did you -- and I know you can't speak for the Audubon Society, but I'm sure you know the answer to this -- did either of the environmental agencies reach out and say, wow, we just got a new set of maps and, boy, this is a pretty big important, you know, change for us. Let's talk about it. And if you did do that, then you didn't hear back. There was no contact? MS. BUDD: So if I remember correctly, I received the comments from FWC when I reached out to them and the U.S. Fish September 27, 2022 Page 83 and Wildlife Service and our technical experts, who's a wildlife transportation ecologist at a university, and I provided that expertise to the applicants. So sorry. I'm going so fast. CHAIRMAN McDANIEL: Yes, you are. MS. BUDD: I provided that expertise to the applicants, and I don't -- I think I received an email saying thank you, we'll look at it, but I don't recall a follow-up conversation or any follow-up that, you know, obviously led to any changes in the site plan. COMMISSIONER LoCASTRO: Okay. Thank you. CHAIRMAN McDANIEL: And just as a point of clarification, they're not stuck in there. If for some reason this project doesn't come forward with the village concept, the animals have been traversing through there since time immemorial. And providing for this corridor and the wildlife crossing does enhance the capacity to get over into another residential area, though rurally densely populated, it is Golden Gate Estates, and they get back up through and into where you're talking about into the other environmentally sensitive area, up into the CREWs and the sanctuary land. They've still got to go back across the old Immokalee Road that's back up in there as well. So just to clarify the point; they're not stuck. MS. BUDD: No, they can always go back out into CREW. CHAIRMAN McDANIEL: That's correct, and/or they can go back across Immokalee Road and do what we need to do as well. COMMISSIONER LoCASTRO: But your point, just as a quick follow-up, is on the current plan, there are things that are built. Like you said, maybe they're not stuck. That might be sort of an overexaggeration. But you're contending that there's things that now have been added in that corridor that would impede a natural flow of the wildlife back and forth, correct? MS. BUDD: That's correct, yes. CHAIRMAN McDANIEL: Because originally -- and that's September 27, 2022 Page 84 where I had contention, argument -- or discussion is the original map had a corridor through this, and it doesn't now, and there's a pond or a lake structure, which is more prohibitive for the -- MS. BUDD: And the development in the latest iteration. COMMISSIONER LoCASTRO: Yeah. CHAIRMAN McDANIEL: Correct. MS. BUDD: Thank you so much. MR. MILLER: Your next speaker is Matthew Schantz [sic]. He'll be followed by Marcela Zurita. Mr. Schantz has been ceded three additional minutes from Gareth Rawcliffe. Mr. Rawcliffe, can you raise your hand to indicate you're present. (Raises hand.) MR. MILLER: There he is. Matthew, you'll have six minutes. MR. SCHWARTZ: Thank you so much, and good afternoon. Are we still afternoon? CHAIRMAN McDANIEL: Still morning. MR. SCHWARTZ: Good morning. It's Matthew Schwartz. MR. MILLER: Sorry. MR. SCHWARTZ: I'm going to -- I'm glad to hear all this discussion on this property as wildlife habitat, wildlife corridor. I tend to look at it as habitat. There's a reason why this property is so important. And we've seen maps. I'm just going to do it off the top of my head. If you look at the nexus of public lands that surround this particular property, you couldn't find a worse place from the standpoint of protecting our Florida panther than developing this property with 4,000 new homes. If you go to the west, we talked about the CREW lands, Flint Pen Strand. Audubon's Corkscrew Swamp right across the road, right across the north side of September 27, 2022 Page 85 Immokalee Road. Go further north, there's the Lake Trafford, the Caracara Preserve, the Pepper Ranch Preserve. Go to the south, the Big Cypress National Preserve, Fakahatchee, Picayune, Florida Panther National Wildlife Refuge, and look at where this property is. It's located smack in the middle of this entire complex. They moved through it. The property is right there in the core habitat of the Florida panther, a habitat that is already at max. It's already maxed out. The scientists agree to that, that it couldn't handle any more panthers and, in fact, they're saying the habitat that exists right now -- which still does. We haven't really eaten into eastern Collier that much yet, but we're getting there. That's what on the verge. And, actually, let me talk about that for a minute, because this property is coming in in the context of many, many other properties. I actually made a list of what's coming. And we'll get to that real quick. I have to -- this phone keeps dying on me. It actually keeps closing on me. CHAIRMAN McDANIEL: It's an iPhone. MR. SCHWARTZ: It's an iPhone. It keeps -- I have to keep waking it up. Now, where's my photos again? CHAIRMAN McDANIEL: Galaxy. MR. SCHWARTZ: Come on. Come on. Don't do this. There we go. So look what's coming in. Eleven thousand homes have been approved in Ave Maria. We've got about 4,000 left to go. Rivergrass Village you've already approved 2,500 homes. Longwater Village, 25 -- 2,600 homes. Bellmar Village, 2,750 homes. Sky Scale, that's the Hyde Park, 1,800 homes. Bright Shore, that's on the -- that's on the way, 2,400 homes. By the way, right next to this one, right across Immokalee Road from this one, Immokalee Road Rural Village, 4,000 new homes, and the Town of September 27, 2022 Page 86 Big Cypress town core, 1,382. So we're talking about a gigantic total number of new homes so far. You've already approved the Rural Lands Stewardship Area. Every time I've come in here to talk about these issues, I try to talk about to you about that the panther cannot handle -- all the other wildlife in the area cannot handle this level of development. And you say, well, we're only approving the county Comprehensive Plan. Is the development consistent with the county's Comprehensive Plan? The feds, they're the ones who are going to take care of the concerns of the panther and the other wildlife. They're not here today, nor, according to Mr. Sabo, did they even submit any comments to you in response to this decision to transmit to DEO. So you've had no input whatsoever from the feds on this project. You're hearing environmentalists. You're hearing from me. I'm also an environmentalist. But you actually did hear from the feds, because they wrote a draft biological opinion on the 45,000 acres of development that you folks -- that this commission has already approved. And what did they find? They found jeopardy. They found jeopardy for the Florida panther. It can't handle that much development. That includes the three villages, you know, Rivergrass, et cetera, Bellmar, Longwater -- that the roadkill, 11 more panthers per year in a population that could be as low as 120. It can't handle 11 more dead panthers every year. Habitat loss. This is habitat. It's not just a corridor. It's also habitat. Fragmentation of the habitat. And we already know the deer population in the area is crashing. The deer population of the Big Cypress has crashed. So they found jeopardy. They actually found that this project by itself would not go through. The developers, the folks who also come in here all the time September 27, 2022 Page 87 who represented that HCP, the Eastern Collier Property Owners Association, when they saw where Fish and Wildlife Service was going with it, guess what they did? They dropped out, they quit, before the finished document could be signed. They just quit. And their reasons for quitting, they said, oh, you can't look at harm to the panther. We only wanted a permit for harassment during construction activities. It doesn't work that way. When you build this development, you're putting thousands and thousands of new cars on the road, on a road -- and people have pointed that out. Immokalee Road, the west side of this project is Primary Panther Habitat. The eastern side is Secondary Panther Habitat. Eight panthers have been killed on Immokalee Road right alongside this project already, and add 4,000 new homes. So this is going to go -- because the procedure now is the feds don't approve wetlands permits. Now those 404 permits that used to go through the Army Corps of Engineers required the Fish and Wildlife Service to respond now go directly to DEP. And DEP is choosing actually to approve most of the stuff; however, they cannot approve a project that will cause jeopardy to the panther. Whether you approve this or not, the EPA, which oversees this, the federal agency, is going to deny it because it will, combined with the other developments, lead to jeopardy for an endangered species, our state animal. So whatever you do here, know that that's coming down the road. CHAIRMAN McDANIEL: Thank you. MR. SCHWARTZ: I don't know if you have any questions about this. Thank you. MR. MILLER: Your final speaker on this item is Marcela Zurita. She's been ceded additional time from Michael Tanguay -- (Raises hand.) MR. MILLER: -- and from Rae Ann Burton, who are both September 27, 2022 Page 88 present. She will have nine minutes. MS. ZURITA: All right. Good morning, Commissioners. My name is Marcela Zurita. I reside in the Rural Golden Gate Estates, east of the Immokalee Road Rural Village. I heard the petitioner representing from the last Planning Commission meeting stating as of right now it is not profitable, and what we're doing right now, it's -- CHAIRMAN McDANIEL: Speak slowly. MS. ZURITA: -- making all the changes to make sure it is profitable for the developers. CHAIRMAN McDANIEL: Young lady, go slow. I know you have nine -- you have nine minutes, and she's trying to -- MS. ZURITA: Okay. CHAIRMAN McDANIEL: She's trying to write down what you're saying. MS. ZURITA: Okay. I'm opposing to the transmittal for the adoption, the amendment of the Growth Management for the RFMUD district. Comprehensive Plans are intended to balance future economic, social, physical, environmental, and fiscal development in a county. The county needs to manage the impact of growth for the benefit of current residents and future generations and the environment. There's no thoughtful analysis of the relationship between environmental protection and economic (unintelligible) with these changes. The RFMUD district was supposed to protect and (unintelligible) existing natural resources, including habitat for listed species, to retain a rural pasture or parklike appearance, and to direct incompatible uses away from wetlands, upland habitat in order to protect the water quality -- CHAIRMAN McDANIEL: Nice and slow. MS. ZURITA: -- minimizing the greenbelt or having none on September 27, 2022 Page 89 the east side is -- just having some vegetation would not be compatible with the surrounding areas like Rural Golden Gate Estates. You're planning to have a road at the end of my street. We can't imagine the noise pollution and contamination and taking the rural character of the Golden Gate Estates. I'm concerned that increasing density near these sensitive areas like Corkscrew regional ecosystem watershed which [sic] provides flood protection water filtration for the county's drinking water supplies, reducing the littoral shelf planting from 30 percent to 15 percent of the wet detention pond surface area, it is another blow to our drinking water and sensitive areas. The whole purpose of the littoral zone is to purify the water and maintain balanced aquatic ecosystems. All the scientific agencies dealing with lakes agree that healthy lakes in Florida are covered with 30 percent and 50 percent with aquatic plants. As I recall from a presentation from the county staff with the DEP, the reasoning to have 30 percent compared to other areas in the county, it was because of the sensitive areas. In regards to wildlife, panthers currently move through this area into Golden Gate Estates into the preserve lands. Increasing more residents within primary and secondary participating habitats, we can (unintelligible) an increase in domestic animal (unintelligible) and human/panther interactions. THE COURT REPORTER: I'm sorry. I cannot understand you. CHAIRMAN McDANIEL: Slow, ma'am. Young -- ma'am -- MS. ZURITA: Sure, sorry. This may result in several panthers being permanently removed from the population. CHAIRMAN McDANIEL: Stop one second. Stop. You need to slow down. MS. ZURITA: Okay. September 27, 2022 Page 90 CHAIRMAN McDANIEL: And if you can -- if you cannot get through your presentation, you can present the balance of it to her, because you have it there in writing, and you're whipping through it. I can barely understand what you're saying, let alone her writing down what you're saying. And Troy will restart the clock. MS. ZURITA: Okay. We have to keep mind in [sic] the current panther habitat, it's at capacity, and there's nowhere to relegate these animals. We don't want the panther to become restricted within the preserve boundaries, as this will not promote its recovery. This is an active area for panthers. There's plenty of telemetry points as well recorded, a total of 381 panthers dead within 25 miles of Immokalee Village site. About 70 percent were caused by vehicle collision. We ask the county to take into consideration to adopt new policies that where there's a high percentage of panther vehicle collisions occurs, wildlife crossings must be required on any new development. We can -- we can just depend on the state and federal to act, but we should be -- we should be at the local level as well. It is for the well-being and protection of our wildlife and for future generations and the safety of citizens as well. In regards to the gopher tortoise burrows found in the areas, FWC determined that the project may affect the gopher tortoise. Let's also put in consideration that gopher tortoise burrows provide refuge for approximately 360 other species. In regards to the affordable housing/workforce housing, some changes needs to be made. Some of the current county employees and police don't make that much money to qualify. Trying to promote affordable housing/workforce housing in these areas that we don't even have bus transportation, not to mention the lack of roads September 27, 2022 Page 91 and poor conditions, overcrowded schools, that now we are bringing portal [sic] units. Making all these changes only benefits developers and will be a burden to taxpayers. We are still paying 1-cent penny increase for another couple years. Some of the roads that is needed for all these developments are not even funded yet. What would happen if due to a hurricane or wildfire, residents need to evacuate, and failing roads adding to new development's density? Golden Gate Estates residents, like myself, are concerned about the impact of additional traffic, loss of rural way of life, wildlife fatality, danger [sic] roads, and impacts of water resources, decimation of rural character of Golden Gate Estates and surrounding areas. Impact fees is insufficient to mitigate the long-term cost. FDOT analysis for asphalt demonstrates the cost of asphalt is growing at 3 percent per year. Balanced future economics, social, physical, environmental, and fiscal development of the area should guide future decisions on any Growth Management Plan maintenance. Commissioner Penny Taylor, I quote you one on -- on the interview back in 2021 when you, in a vote, supported for Rivergrass. I don't have it here -- that -- one second. I mean, it was due to the environment. It was mere concerns about their impact from fiscal to environmental. This is the same thing that is going on in this area. Commissioner Saunders, now you're part of the Golden Gate Estates. You know, we do love our low density and the quiet surroundings as well. And I also have a few questions. I've been trying to get -- the developer agreement contribution, we're only going to get to see if a MPUD application is submitted, but when you look at the South Florida Water Management permit that they have submitted as part of September 27, 2022 Page 92 their documents, they already have it submitted there as a draft. So it hasn't even come here. We haven't even seen what it is, but it's already submitted as supporting documentation. Regarding the package transmittal submitted to the DO [sic], some things are removed, crossed, and one of them come to my concern it's we're removing the specific manage [sic] practices of the controlled insecticides used in golf courses and concern as an example. 7/21/2011, DeLand, a group of 42 Volusia County homeowners filed a lawsuit against over groundwater pollution. They say the well water at the homes is contaminated with a cancer-causing chemical. Homes with wells that tested positive were closed on the east side of the golf area. Please keep in mind the current community that depends on well water near the RFMUD district. We have on the DO some of the crossings, like I mentioned. It also mentions the Rural Village should not be located any closer than 3.0 miles from another rural village. That's going to be removed, from my understanding. There's another part that the green belt may be concentrated to a greater degree in areas where it's necessary to protect listed species habitat, including wetland and uplands provide for a buffer from enhancing natural restorations or provide for wealth. And there's certain things -- those are the things. Also, I want to point out, lastly, that -- excuse me -- the residents of District 5 still don't understand why Commissioner McDaniel is still not recusing himself from voting. The Form AB memoranda voting conflict doesn't -- doesn't say there's only conflict of interest if they still own the land but states that as follows -- and I also, it's 112.3143, Florida Statutes. Any relationship, whether there's a conflict of -- conflict of interest, a situation which regard for a private interest tends to lead to disregard of public duty or interest. And also on -- the Collier County ethics ordinance statement of September 27, 2022 Page 93 policy states, an individual covered by this article should not use his or her position as a public servant for unlawful gain or enrichment. Avoid conduct that gives the appearance of impropriety in the performance of his or her public duties, and not accept anything of value the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance or of his or her duty. And the reason why I'm bringing this, because even on the oath that you made on 2020, which is very confusing, you're still listed in the address that you no longer own. Another thing, too, when you look at the county business licenses, there is no new license registered for that location, but it's still open with your address, with your information. It is not closed, and it's still -- you know, it's just adding up. But those are the things that, you know, it was questionable. And you're still going to have people coming in here and questioning about it. And even on the meeting for 2019, they ask about it, and we still don't have -- we don't understand why you're still not recusing yourself from voting. So I respectfully ask you -- for you to not vote and to recuse yourself. Thank you. CHAIRMAN McDANIEL: Thank you. Now, having said all that, we have a new weather update, and the storm has shifted south. The surge is projected to be a little bit higher than what was originally prophesized two hours ago this morning. So I -- I think we can -- we're done with public speakers. MR. MILLER: Yes, sir. CHAIRMAN McDANIEL: We can close the public speaking portion of this hearing at this particular stage. How are you -- and I'm looking at the pleasure of my board here. You know, this isn't a unilateral decision. I'm kind September 27, 2022 Page 94 of -- I -- what do you think, Burt? COMMISSIONER SAUNDERS: Well, I think we can certainly wrap this up -- CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: -- and then if we need to adjourn, that's fine. But I think we can wrap this up here in just a couple minutes. CHAIRMAN McDANIEL: Okay. Well, let's go ahead and wrap this up, and then we'll go on from there. COMMISSIONER SAUNDERS: I'll wait to hear what Mr. Yovanovich has to say. CHAIRMAN McDANIEL: Okay. MR. YOVANOVICH: Just real briefly. I just want to clarify some things that might have been said by Brad and Meredith, because I've known them for a long time, and we've had communication. I don't think they meant to say -- maybe they did mean to say there was a bait and switch and there were no communications. Was there a change in the plans? Absolutely. Did we meet with them about those changes in the plans? Absolutely. Do we agree to disagree with what the technical data says? Absolutely. And do they have the right to withdraw their support for the proposed amendment because we've made changes? Absolutely. But I don't want the record to reflect there have not been communications since the change in the master plan has occurred. So I just wanted to get that on the record. With that, we're hopeful that you will adopt the proposed changes because it does allow for the potential of a village and further discussion with regard to the wildlife corridor. And with that, that's our request. CHAIRMAN McDANIEL: I know I've closed the public hearing, but there was a lady that came up to me in the back. Did September 27, 2022 Page 95 she not fill out a speaker form? And she has a petition. And I'm not -- I've closed the public hearing, but I know you're here, and you've been sitting -- please come forward and at least turn in your petition, if you would, please, to our court reporter. MR. MILLER: I think it's on Item 11A. CHAIRMAN McDANIEL: It's on a separate item? Is it on this item, or is it another item? It's on another item. MR. MILLER: Another item. CHAIRMAN McDANIEL: My bad. Forgive me. I thought you were wanting to speak on this. So we have closed the public hearing on this particular item. So, Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I've been skeptical from time to time on some of the villages. As a matter of fact, on the Rivergrass, I think that was mentioned, I voted against that when it came forward because I wanted the property owners to work out some of the problems that -- and I think they did -- that were addressed by, at that time, I think it was the Conservancy. I'm going to make a motion to approve this with some conditions and with a statement of clarification as well. I'm going to make that motion because I think in this particular instance the village concept is better than simply having development under the LDC. And I know there's a lot of pressure to develop out individual lots, five-acre lots, two-and-a-half acre lots, a tremendous amount of development going out there, and I think that's more destructive of habitat than having these units clustered in this type of development. But the Planning Commission approved this basically with five conditions. I'm going to read those and indicate that my motion is conditioned on these conditions and that I will not vote to approve this when it comes back if the wildlife corridor is not addressed. So September 27, 2022 Page 96 you need four votes now, and you need four votes then. I don't know when you'll come back, and I don't know if I'll still be here at that time, but if I am, I'm letting you know that I won't support this if it's not addressed properly. The first one is that the MPUDs, if submitted, a DCA must be provided to demonstrate acceptable mitigation. If the MPUD is submitted, details for buff areas are required. If an MPUD is submitted, the location of the 400 affordable units is required. The applicant -- and the fourth one, the applicant must address concerns from the Florida Wildlife Federation, and I want to add to that "and Florida Audubon" regarding path and crossings and wildlife conflicts at the time of rezoning or platting. So that's the -- that's the issue that we're talking about in terms of the wildlife corridor. The fifth one, staff recommended text changes to the proposed CCME Growth Management Plan amendment language stipulating a PUD rezone or LDC amendment. I'm not sure exactly what that means. It may be Mr. Bosi can explain that. I can eliminate that from the motion if it's language that doesn't make a whole lot of sense here, but that was a condition of the Planning Commission. Mr. Bosi, is that language that can be clarified here a little bit? MR. YOVANOVICH: And, Mr. Saunders, if I can, can I ask you a clarifying question on the stipulations? Maybe before he pulls it up. The stipulation with regard to the plat deals with a PUD rezone, not a plat under the current LDC, correct? COMMISSIONER SAUNDERS: Correct, yes. MR. YOVANOVICH: Okay. I just wanted to make sure. COMMISSIONER SAUNDERS: And, Mr. Bosi, my question is, just for clarification, what is No. 5 trying to address? And can we clarify that? MR. BOSI: Thank you. Mike Bosi, Zoning director. And you're right, that's a bit of a redundancy. That could be September 27, 2022 Page 97 eliminated without any material effect upon what's being proposed. It was just the requirement that either of a plat or a PUD would be -- COMMISSIONER SAUNDERS: The motion that I'm making, then, with those four conditions, you understand that, and that's workable? Mr. Bosi, the motion with the four conditions is workable for you to work that out once this comes back? MR. BOSI: Absolutely, sir. COMMISSIONER SOLIS: Five conditions. CHAIRMAN McDANIEL: He's eliminating -- COMMISSIONER SAUNDERS: I'm going to eliminate the fifth condition and make that motion, again, with the admonition that if things -- COMMISSIONER LoCASTRO: I have a question. COMMISSIONER SAUNDERS: -- are not worked out properly on the wildlife corridor, I won't be voting to approve this later on. CHAIRMAN McDANIEL: I think there's two of us on that one. Commissioner Solis -- are you good -- by the way, there's a motion been made with those stipulations. Commissioner Solis. COMMISSIONER SOLIS: Second, I'll second. CHAIRMAN McDANIEL: And it's been seconded. COMMISSIONER SOLIS: Mr. Bosi, I just want to make sure that -- okay. If we -- if this is denied, then the applicant can move forward under the existing land development regulations, plat it, start building houses, no requirement for a corridor, and no requirement for any contribution for the road? MR. BOSI: No requirement for any contributions to the road. The road is dedicated. I mean, the acquisition process will have to go through the normal process. September 27, 2022 Page 98 The corridor, that's up to the feds. COMMISSIONER SOLIS: Okay. MR. BOSI: They may impose it. COMMISSIONER SOLIS: But it's up to the feds? We have no control over that? MR. BOSI: No control over that. If they move forward under the LDC, what they would have to do before they could move forward is secure enough TDRs, but that would be the -- you know, the only additional, you know, requirement. COMMISSIONER SOLIS: The alternative is if it's approved, then that opens up the possibility for a village or development under the Land Development Code as it is now? MR. BOSI: Correct, correct. They could -- COMMISSIONER SOLIS: And if there's a village, then there's a requirement to build the road and a whole bunch of other things? MR. BOSI: Correct. COMMISSIONER SOLIS: Commercial and other things? MR. BOSI: Correct. COMMISSIONER SOLIS: And they would have to come back for a PUD, which then the Board -- I think there's at least three, it sounds like, would -- at least three that would require the corridor, right? MR. BOSI: Correct. COMMISSIONER SOLIS: So -- okay. I mean, this is not that difficult of an issue. MR. BOSI: No. It's if you don't approve, they have one option. If you approve, they have two options, and that second option is something I think that is more favorable to the county -- COMMISSIONER SOLIS: Right. MR. BOSI: -- if that would come about. COMMISSIONER SOLIS: If we -- if we take away the September 27, 2022 Page 99 options, then we just have one bad option, in my opinion. MR. BOSI: I'm not sure if it's -- there's some benefits with that option. Like you said, it would tremendously advance -- COMMISSIONER SOLIS: It's the less beneficial option. MR. BOSI: Less beneficial. CHAIRMAN McDANIEL: I wouldn't call it a bad option. It just is. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: You good? COMMISSIONER SOLIS: I'm good. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Mr. Schwartz spoke very eloquently and passionately about wildlife at the podium, and he concluded his comments by saying, if we went through with -- Schwartz, right, sir? He concluded his comments by saying if we went forward with the village, that we're going to have all kinds of legal issues with the EPA and other agencies that are going to come at us because of, you know, panther -- infringing on panther habitat. What's your comment to that? Because I don't have, you know, expertise or knowledge in there. But is that a concern? Is that -- that is possible? I mean, he obviously felt pretty definite about it. MR. BOSI: The Growth Management Plan defers to the state and feds when we're talking about listed species. We don't have the staff to have that level of technical expertise. We defer to the feds and the state related to these issues. Their conclusions and their ultimate requirements of a development is going to be what that is regardless of what our individual environmental staff may have a perspective on. COMMISSIONER LoCASTRO: Right. MR. BOSI: But they will impose what they feel is appropriate September 27, 2022 Page 100 based upon the conditions that are being suggested. COMMISSIONER LoCASTRO: Right. So that is -- so what he said isn't untrue. They could challenge anything, any type of development that we have? MR. BOSI: If what he was saying is true, I would imagine that the permit requirements from U.S. Fish and Wildlife will be rather demanding. COMMISSIONER LoCASTRO: All right. Okay. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I wondered if the motion maker would consider adding to his stipulations what was brought forward by our County Attorney in terms of if the road goes forward there is a reserving of the cost of the land if we, indeed, have to buy it with today's prices, not three years or four years from now. CHAIRMAN McDANIEL: No. COMMISSIONER SAUNDERS: I guess I would have to ask the County Attorney what our normal course of business is in terms of dealing with that type of issue. I understand the valuation today versus the valuation a year from now which, quite frankly, the valuation may be less. CHAIRMAN McDANIEL: I was just going to say. I mean, if we go picking a price today... COMMISSIONER SAUNDERS: What do we normally -- MR. KLATZKOW: Historically, we've tried to reserve the right-of-way at today's costs to the extent that we can. CHAIRMAN McDANIEL: Historically, my recollection is that we have a contract price or a price per acre that's delineated in the agreement, not at market. COMMISSIONER SAUNDERS: Mr. Yovanovich, what's your -- I don't have an issue with doing that, Commissioner Taylor, September 27, 2022 Page 101 but -- COMMISSIONER TAYLOR: No. I'm curious, is there -- is there a set price within the contract -- MR. YOVANOVICH: No. COMMISSIONER TAYLOR: -- for this land? MR. YOVANOVICH: What -- the way the DCA is currently drafted -- and most of the DCAs I've ever worked on says, should we come forward with a developer agreement, it is, you get an appraisal, and the appraisal is based upon prior to the entitlement value. That's what the DCA would say if we came forward with the PUD, and I think that the typical process, and I think we should stick with that as the typical instead of now trying to impose a price if we go under the rights we currently have, which is to develop under the LDC. I prefer we go with typical operating procedure. COMMISSIONER SAUNDERS: Ms. Scott, if you could agree or disagree with what Mr. Yovanovich just said. MS. SCOTT: Once again, for the public record, Trinity Scott, Transportation Management Services department head. Yes, that's typically what we do is that we reserve. We will do two appraisals for the pre-entitled public record value, so before PUD would -- looking at that date before, and then we average those, and then that's typically -- now, that's typically what we do. We have in other instances worked out a per-acre cost ahead of time. We have not had those conversations with this applicant at this time. COMMISSIONER SAUNDERS: Well, Commissioner Taylor, I think I'd like to keep it kind of the way it is, what our normal procedure is. When they come back for the PUD, if there is a -- we should have that price, I guess, figured out at that point. And if we don't, then, you know, you may not get your votes, so... MR. YOVANOVICH: Commissioner, we've done it both ways. We've tried to agree on a price. Sometimes staff says they September 27, 2022 Page 102 want to go get two appraisals, or they'll take, you know, here's what we're getting ready to sell it for. Use that number. But we've done it both ways, and we can try to work out a price in the DCA. COMMISSIONER SAUNDERS: All right. Then I'll just keep it the way it is, and we'll -- MR. YOVANOVICH: Appreciate that. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I know we've got a motion and a second on the floor here, but I'm also hearing a bunch of things that -- I mean, if this was a normal meeting and we weren't -- and I don't feel like we're artificially rushed. But there's a lot happening right now outside this building that has changed, the hurricane. I just throw this out there to get your comments. Are we at a point where we feel confident for a vote or very close to it, or have we heard a bunch of things that have caused us to pause and question and want to talk more to the environmental folks and really get the details from -- I mean, this is a huge project. So, I mean, I feel like I've gotten my questions answered, but I'm just curious from my colleagues if this one is heavy and big enough that we're sitting here making a big, major decision and, you know, right now we've got, you know, hundreds of thousands of people in Collier County right now that are doing a whole lot because the storm has actually shifted. Thoughts? CHAIRMAN McDANIEL: My thoughts? COMMISSIONER LoCASTRO: Yes, sir. CHAIRMAN McDANIEL: And I haven't spoken yet. My thoughts are Commissioner Saunders is right on track with what it is we're doing. I don't feel rushed. And folks need to hear this. If we don't approve this project, they don't have an opportunity to do the village, and the village comes with a PUD where we have to talk about the wildlife crossing, we have to talk about the wildlife September 27, 2022 Page 103 corridor, we have to talk about the restoration that's going to go on in the -- and additional habitat creation that's going to go on the northwest, and we have a commercial of up to 350,000 square feet to help support the community. That's infrastructure that comes to help to support. We have 400 affordable housing units, we have two lanes of the road -- of the new Immokalee Road, as I continue to -- as I say that, and then 100-foot right-of-way donation over on the old Immokalee Road where we can have a discussion about wildlife crossings when this section of road is revamped. So it's far better for our community. Yes, we have more density. They have the potential of doing more density if they do the village, but if they don't, then all of those benefits, in fact, go away. So it's been moved and seconded that we approve the project with the stipulations as stated by Commissioner Saunders. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. YOVANOVICH: Thank you. CHAIRMAN McDANIEL: Now, it's 12 o'clock. I suggest we're not going to take a lunch break here, ladies and gentlemen. There are circumstances that are going on out there with regard to this storm that I want folks to pay attention to as we're going here, so... September 27, 2022 Page 104 COMMISSIONER TAYLOR: Mr. Chair, I think we need to be -- given the fact that there is a Category 3 to 4 out there, I think we need to be very, very specific about what these changing circumstances are and how it affects us in Collier County. CHAIRMAN McDANIEL: Well -- and I'm -- we're not going to bring Dan Summers in for another report. COMMISSIONER TAYLOR: I'm not suggesting that. CHAIRMAN McDANIEL: I think we need to -- I think we need to probably go ahead and adjourn. Item #10C – Added RESOLUTION 2022-158: APPOINTING RANDY SPARRAZZA AS A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 1 - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED COMMISSIONER LoCASTRO: Well, there's one thing that is time-sensitive on here, and it's a yes or no, and it's 10C. It's appointing somebody to the -- COMMISSIONER SAUNDERS: I make a motion to approve 10C, the appointment -- COMMISSIONER LoCASTRO: Thank you. COMMISSIONER SAUNDERS: -- of Mr. Sparrazza. COMMISSIONER LoCASTRO: Yes. CHAIRMAN McDANIEL: Second that. COMMISSIONER LoCASTRO: And I thank all of you for advertising it. We did get a lot of applications. I had three finalists and interviewed all three for well over an hour. He's an outstanding September 27, 2022 Page 105 candidate, and we want him to be able to attend the next meeting, so that one's time-sensitive. COMMISSIONER TAYLOR: With all due respect -- and I might have gotten this completely backwards. This -- your district on the Planning Commission is the one that has vacancy; is that correct? COMMISSIONER LoCASTRO: Yes, ma'am. COMMISSIONER TAYLOR: I missed that. COMMISSIONER LoCASTRO: There's somebody in that seat, but she expires, and then she also got caught in the district map change. She's now in District 4, and she doesn't qualify for the District 1 seat. COMMISSIONER SAUNDERS: Her term expires. COMMISSIONER LoCASTRO: I'm sorry. Yes, her term expires. Yeah, she's very healthy. CHAIRMAN McDANIEL: I'm going to say -- COMMISSIONER SOLIS: I make a -- CHAIRMAN McDANIEL: Yeah, let's -- you don't have to make a motion. COMMISSIONER SAUNDERS: There's a motion and a second to do that. CHAIRMAN McDANIEL: Motion and it's seconded. I'm going to call for the vote. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. September 27, 2022 Page 106 (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER TAYLOR: And then we have a gentleman who's been here. CHAIRMAN McDANIEL: Do you want to hear the -- do you want to hear the Tigertail Beach item now or continue it? Who made the motion to do that? COMMISSIONER SOLIS: I would like to make a motion that we adjourn this meeting. COMMISSIONER LoCASTRO: I second. CHAIRMAN McDANIEL: All right. I think it's prudent for us to just go ahead and adjourn, just so you know. I know there's folks that have been here all morning long, and I have to apologize, but the storm has shifted. Just so you know, the storm has shifted. So go home and take care of your things that you need to do. We'll see you at our meeting in -- the second meeting. COMMISSIONER LoCASTRO: Fourteen days. CHAIRMAN McDANIEL: With that, we're adjourned. ****Commissioner Taylor moved, seconded by Commissioner LoCastro and carried that the following items under the Consent and Summary Agendas be approved and/or adopted**** Item #16A1 THE RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN ACCRUED VALUE OF $294,059.77 FOR PAYMENT OF $29,500, IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. UNION ROAD LLC., CODE ENFORCEMENT BOARD CASE NO. CEPM20160004343, September 27, 2022 Page 107 RELATING TO PROPERTY LOCATED AT 12400 UNION RD. COLLIER COUNTY, FLORIDA Item #16A2 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $518,260, AND A PERFORMANCE BOND IN THE AMOUNT OF $342,880 WHICH WERE POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBERS 59.932-6, PL20150001148; 59.932.7, PL20150001152; 59.932.10, PL20170000767, FOR WORK ASSOCIATED WITH ORANGE BLOSSOM RANCH Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR HALDEMAN LUXURY APARTMENTS, PL20210002656 Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR BRIARWOOD APARTMENTS MULTI FAMILY DEVELOPMENT, PL20200000999, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $67,262.72 TO THE September 27, 2022 Page 108 PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR TAMARINDO, PL20220000962 Item #16A6 FINAL ACCEPTANCE OF THE WATER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE WATER FACILITIES FOR CARMAN DRIVE, PL20220003325 Item #16A7 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE BY THE ISLANDS – ZENO WAY, PL20200000517 AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A8 RECORDING THE FINAL PLAT OF HACIENDA NORTH – PHASE 1 (APPLICATION NUMBER PL20210001119) APPROVAL OF THE STANDARD FORM CONSTRUCTION September 27, 2022 Page 109 AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $6,996,940.05 Item #16A9 EXECUTE THE ATTACHED AMENDMENT TO DEVELOPER AGREEMENT TO MODIFY THE TIMEFRAMES OF TWO COMMITMENTS Item #16A10 RESOLUTION 2022-147A: A RESOLUTION SUPPORTING THE COUNTY’S APPLICATIONS TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LONG RANGE BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT PROJECTS FOR FISCAL YEAR 2023/2024 AND MAKE A FINDING THAT THESE PROJECTS PROMOTE TOURISM. THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST SHARE FUNDING FOR FUTURE RENOURISHMENT PROJECTS Item #16A11 APPROVE THE FISCAL YEAR 2022/2023 CAPITAL IMPROVEMENT PLAN OF THE BIG CYPRESS BASIN, A PART OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) Item #16A12 September 27, 2022 Page 110 DIRECT STAFF TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AT THE OCTOBER 25, 2022, BOARD MEETING, AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE, TO CHANGE THE MAILED NOTIFICATION AREA FOR VARIANCE APPLICATIONS FOR PROPERTIES LOCATED IN BOTH THE RURAL AND URBAN GOLDEN GATE ESTATES SUB-ELEMENTS OF THE GOLDEN GATE AREA MASTER PLAN Item #16A13 RESOLUTION 2022-148: A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF A PORTION OF STATE ROAD 29 AND DETERMINING THAT THE CLOSURE IS NECESSARY FOR THE CHRISTMAS AROUND THE WORLD PARADE & SNOW FESTIVAL HOSTED BY THE IMMOKALEE CHAMBER OF COMMERCE. THIS RECOMMENDATION IS TO FULFILL A REQUIREMENT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TEMPORARY ROAD CLOSURE PERMIT APPLICATION. THIS EVENT HAS BEEN HOSTED BY THE IMMOKALEE CHAMBER OF COMMERCE FOR OVER TWENTY-FIVE (25) YEARS. THIS YEAR THE EVENT WILL TAKE PLACE ON SATURDAY, DECEMBER 10, 2022, FROM 4:30PM TO 10PM Item #16A14 THE CHAIRMAN TO SIGN NON-STANDARD AGREEMENT NO. 22-037-NS FOR "ESRI GIS MAPPING SOFTWARE & MAINTENANCE" OF GEOGRAPHIC INFORMATION SYSTEM ("GIS") SOLUTIONS WITH ENVIRONMENTAL SYSTEMS September 27, 2022 Page 111 RESEARCH INSTITUTE INCORPORATED (ESRI), APPROVE THE INCREASE OF EXPENDITURES UNDER THE SOLE SOURCE WAIVER IN AN AMOUNT NOT TO EXCEED $400,000 PER FISCAL YEAR, AND AUTHORIZE PAYMENT OF THE ANNUAL MAINTENANCE FEES FOR THE PERIOD FROM OCTOBER 2, 2022, THROUGH OCTOBER 1, 2023, IN THE TOTAL AMOUNT OF $181,294.41 Item #16A15 REVIEW OPTIONS TO INCREASE PUBLIC AWARENESS FOR NEW SITE DEVELOPMENT PLAN AND SITE DEVELOPMENT PLAN AMENDMENT APPLICATIONS Item#16B1 AUTHORIZE STAFF TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE 97-82, AS AMENDED, WHICH CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO EXPAND THE DISTRICT BOUNDARY TO INCLUDE APPROXIMATELY 62 ACRES Item #16C1 RESOLUTION 2022-148A: ADOPT THE FY2023 FEE SCHEDULES ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING THE LANDFILL, TRANSFER STATION, AND RECYCLING DROP-OFF CENTERS. THE September 27, 2022 Page 112 FY2023 RATE RESOLUTION IMPLEMENTS THE 2021 SOLID WASTE RATE STUDY AND FINANCIAL FORECAST REPORT APPROVED ON JULY 13, 2021 - AGENDA ITEM 11.F, AS WELL AS ESCALATION OF CERTAIN FRANCHISEE FEES IN ACCORDANCE WITH THEIR CONTRACTS, WITH NO OTHER FISCAL IMPACTS TO PREVIOUS BOARD ADOPTED RESOLUTIONS Item #16C2 – Continued to the October 11, 2022 BCC Meeting RECOMMENDATION TO APPROVAL SEVERAL AGREEMENTS THAT ALLOW GULF COAST JUNIOR GOLF TOUR, INC. D/B/A THE FIRST TEE OF NAPLES/COLLIER, A FLORIDA NOT FOR PROFIT CORPORATION, (HEREINAFTER “FIRST TEE”) TO SUBLEASE, CONSTRUCT AND OPERATE THE FIRST TEE – NAPLES/COLLIER LEARNING CENTER (“LEARNING CENTER”) ON A PORTION OF THE GOLDEN GATE GOLF COURSE PROPERTY WITH A TERM OF 99- YEARS, AND A RIGHT OF FIRST REFUSAL IN FURTHERANCE OF THE INTENT OF THE BOARD APPROVED COLLIER COUNTY STANDARD FORM LONG-TERM LEASE AND OPERATING AGREEMENT WITH CC BSG NAPLES, LLC (“BIGSHOTS”) Item #16C3 DIRECT THE COUNTY ATTORNEY TO PURSUE ANY AND ALL LEGAL ACTION NECESSARY TO QUIET TITLE (CLEAR TITLE DEFECTS) FOR PROPERTY LOCATED AT 12323 UNION ROAD, FORMER LOCATION OF THE PORT OF THE ISLANDS MARINA HOTEL, INCLUDING, BUT NOT LIMITED TO, September 27, 2022 Page 113 FILING A CIVIL ACTION IN CIRCUIT COURT Item #16C4 FIRST AMENDMENT TO MASTER SALES AGREEMENT # 18- 7301-NS WITH ITRON, INC., TO MIGRATE THE AUTOMATED METER READING SYSTEM PERTAINING TO THE UTILITY SYSTEM ACQUIRED FROM THE FLORIDA GOVERNMENT UTILITY AUTHORITY (“FGUA”) TO ITRON’S NEW TEMETRA WEB-BASED INTERFACE PLATFORM AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT Item #16C5 PAYMENT OF OUTSTANDING INVOICES FOR PAYMENT APPLICATION NO. 30 FOR THE MONTHS OF JUNE, JULY, AND AUGUST 2022, FOR WORK PERFORMED UNDER AGREEMENT NO. 19-7615-ST, BY ASTRA CONSTRUCTION SERVICES, LLC (“ASTRA”), TO CONSTRUCT THE BIG CORKSCREW ISLAND REGIONAL PARK PHASE I (THE “PROJECT’) UNDER THE THEORY OF QUANTUM MERUIT, AND (2) TO APPROVE TWO SEPARATE ADMINISTRATIVE CHANGE ORDERS TO Q. GRADY MINOR & ASSOCIATES AND WOOD ENVIRONMENTAL & INFRASTRUCTURE SOLUTIONS, INC., FOR TIME AND COMPENSATION FOR CONSULTING WORK ON THE PROJECT Item #16C6 PROJECT UPDATE TO NCWRF HEADWORKS PROJECT NO. 70149 CURRENTLY UNDER DESIGN WITH AECOM September 27, 2022 Page 114 TECHNICAL SERVICES (“AECOM”) THROUGH AGREEMENT NO. 20-7722-NS Item #16C7 PROJECT UPDATE ON THE COLLIER COUNTY SPORT COMPLEX BEING BUILT UNDER AGREEMENT NO. 17-7198, WITH MANHATTAN CONSTRUCTION (FLORIDA), INC., (PROJECT 50156) Item #16D1 CHAIRMAN TO SIGN THE SECOND AMENDMENT BETWEEN COLLIER COUNTY AND COLLIER HEALTH SERVICES, INC., D/B/A HEALTHCARE NETWORK FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT – COVID PROGRAM WITH A NET $0 IMPACT. (GRANT FUND 705) Item #16D2 CHAIRMAN TO SIGN TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $23,000 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT TOTALING $23,000 Item #16D3 CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BETWEEN RURAL September 27, 2022 Page 115 NEIGHBORHOODS, INCORPORATED, AND COLLIER COUNTY FOR THE HOUSING OPPORTUNITIES CENTER IN IMMOKALEE (HOUSING GRANT FUND 705) Item #16D4 CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BETWEEN THE COLLIER COUNTY HOUSING AUTHORITY AND COLLIER COUNTY UNDER THE U.S. HOUSING AND URBAN DEVELOPMENT HOME INVESTMENT PARTNERSHIPS PROGRAM TO INCREASE THE AGREEMENT IN THE AMOUNT OF $6,544.78, UPDATE LANGUAGE, AND REVISE THE PERIOD OF PERFORMANCE Item #16D5 RESOLUTION 2022-149: AUTHORIZING CONTINUED PARTICIPATION IN THE LOCAL PROVIDER PARTICIPATION FUND FOR THE DIRECTED PAYMENT PROGRAM AND COMMENCE PARTICIPATION IN THE GRADUATE MEDICAL EDUCATION PROGRAM. THESE PROGRAMS WILL BE SOLELY FUNDED BY ASSESSMENTS ON COLLIER COUNTY HOSPITALS OWNED PROPERTY OR PROPERTY USED AS A HOSPITAL NOT TO EXCEED $5,578,033. AUTHORIZE THE COUNTY MANAGER TO SIGN LETTER OF AGREEMENT IN AN AMOUNT NOT TO EXCEED THE TOTAL OF $7,231,349 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND PROVIDE NECESSARY BUDGET AMENDMENTS Item #16D6 September 27, 2022 Page 116 CHAIRMAN TO SIGN THE SECOND AMENDMENT TO THE U.S. HOUSING AND URBAN DEVELOPMENT EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT BETWEEN YOUTH HAVEN, INC., AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item #16D7 – Moved to Item #11E (During Agenda Changes by Commissioner Saunders) Item #16D8 AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE CAMP HOST VOLUNTEER AGREEMENT FOR VOLUNTEERS TO RESIDE ON THE PROPERTY AT THE CONSERVATION COLLIER PEPPER RANCH PRESERVE DURING THE COURSE OF THEIR VOLUNTEER SERVICE STARTING ON OCTOBER 1, 2022 Item #16D9 THE SUBMITTAL OF THE FY22-23 STATE AID TO LIBRARIES GRANT, 2023-2027 STRATEGIC PLAN, AND AUTHORIZE THE CHAIRMAN TO SIGN THE GRANT AGREEMENT #23-ST-08 AND ALL CERTIFICATIONS REQUIRED FOR THE SUBMISSION OF THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF $165,389 Item #16D10 September 27, 2022 Page 117 TERMINATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM SUB- RECIPIENT AGREEMENTS H0371 (IMMOKALEE SPORTS COMPLEX) AND H0390 (NORTH COLLIER REGIONAL PARK) BETWEEN COLLIER COUNTY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND AUTHORIZE THE BUDGET AMENDMENTS IN THE AMOUNT OF $146,582.27 FOR THE MSTU GENERAL FUND (111) AND GENERAL FUND (001) Item #16D11 FIFTH AMENDMENT TO AGREEMENT #19-7537 “AFFORDABLE HOUSING MARKETING OUTREACH CAMPAIGN” WITH QUEST CORPORATION OF AMERICA, INC., ADDING $187,653.62 TO SUPPORT ADDITIONAL MARKETING AND OUTREACH SERVICE TO SUPPORT THE EMERGENCY RENTAL ASSISTANCE AND AMERICAN RECOVERY PROGRAM ASSISTANCE PROGRAMS, COLLECTIVELY THE COLLIER COUNTY COMMUNITY ASSISTANCE PROGRAM, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT Item #16D12 LOW INCOME POOL (LIP) LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATIO (ACHA), IN THE AMOUNT OF $396,376.99 AND A COMPANION AGREEMENT WITH COLLIER HEALTH SERVICES, INC., (CHSI) TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $595,805.72 IN FEDERAL September 27, 2022 Page 118 MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY; TO AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AND EXECUTE THE AHCA LIP LETTER OF AGREEMENT; AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE COMPANION AGREEMENT WITH CHSI Item #16E1 RESOLUTION 2022-150: NEW FY2023 PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S AGENCY, THE COUNTY ATTORNEY’S OFFICE AND NON- UNION EMS EFFECTIVE OCTOBER 8, 2022; TO PROVIDE PAY ADJUSTMENTS AS NEEDED TO MINIMUM AND VARYING COST-OF-LIVING (COLA) INCREASES TO ADDRESS MARKET CONDITIONS; TO PROVIDE CONTINUED AUTHORIZATION FOR THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, USING A POINT-FACTOR JOB EVALUATION SYSTEM AND MARKET DATA; TO PROVIDE AUTHORIZATION FOR THE CONTINUED USE OF THE APPROVED FY2022 PAY AND CLASSIFICATION PLANS THROUGH OCTOBER 7, 2022 AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS IN FY2023 Item #16E2 PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR 2023 IN THE ESTIMATED AMOUNT OF $499,534 September 27, 2022 Page 119 Item #16E3 PURCHASE OF LIABILITY, AUTOMOBILE, CYBER AND OTHER MISCELLANEOUS INSURANCE COVERAGE FOR FY 2023 IN THE ESTIMATED PREMIUM OF $932,224 Item #16E4 PURCHASE OF EXCESS WORKERS’ COMPENSATION INSURANCE FOR FY 2023 WITH ARCH INSURANCE COMPANY IN THE ESTIMATED ANNUAL AMOUNT OF $206,333 Item #16E5 ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2 ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE YEAR Item #16E6 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ADVANCED LIFE SUPPORT (ALS) NON-TRANSPORT SERVICES FOR ONE YEAR TO THE GREATER NAPLES FIRE RESCUE DISTRICT CONCURRENT WITH THE APPROVAL OF AN ACCOMPANYING INTERLOCAL AGREEMENT (ILA) AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ILA, PERMIT, AND CERTIFICATE September 27, 2022 Page 120 Item #16E7 RESIOLUTION 2022-151: AUTHORIZING INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN COLLIER COUNTY EMS AND THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) FOR FY23 Item #16E8 $500,000 BUDGET AMENDMENT WITHIN EMS FUND (490) REALLOCATING RESERVES TO OPERATING EXPENSES Item #16E9 RESOLUTION 2022-152: COLLIER COUNTY EMERGENCY MEDICAL SERVICES TO REINSTATE A FEE SCHEDULE FOR SPECIALTY CARE TRANSPORTS (SCT) Item #16E10 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E11 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS September 27, 2022 Page 121 AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16F1 AUTHORIZE THE CHAIRMAN TO SIGN A ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA INC., TO PROVIDE LOCAL MATCH FUNDING IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2023 Item #16F2 RESOLUTION 2022-153: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED BUDGET Item #16F3 FOURTH AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM Item #16F4 CHAIRMAN TO SIGN THE TWELFTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (AGREEMENT NO. 11-5776 - MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM OF THE AGREEMENT September 27, 2022 Page 122 SEPTEMBER 30, 2023 Item #16H1 PROCLAMTION DESIGNATING OCTOBER 10, 2022, AS REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO THE TAIPEI ECONOMIC AND CULTURAL OFFICE(TECO) IN MIAMI, FLORIDA Item #16H2 – Continued to the October 25, 2022 BCC Meeting (Per Agenda Change Sheet) A PROPOSED RESOLUTION BY MR. DAVID SILVERBERG THAT CONDEMNS ANTI-SEMITISM IN ALL FORMS AND EXPRESSIONS; CONDEMNS ALL FORMS OF DISCRIMINATION, PREJUDICE, AND HATE AGAINST ANY PERSON OR GROUP OF PEOPLE REGARDLESS OF FAITH, RACE, GENDER, CREED, SEXUAL ORIENTATION, OR NATIONAL ORIGIN; CONDEMNS ANY CALL TO VIOLENCE OR USE OF VIOLENCE FOR ANY PURPOSE AT ANY TIME; AND RESOLVES TO ACTIVELY AND VIGOROUSLY OPPOSE, INVESTIGATE, AND PROSECUTE TO THE FULLEST EXTENT OF THE LAW ANY ADVOCACY OF VIOLENCE, ACTS OF VIOLENCE, OR CRIMES MANIFESTING HATRED AGAINST ANY PERSON, PROPERTY, OR INSTITUTION BASED ON FAITH, RACE, GENDER, CREED, SEXUAL ORIENTATION, OR NATIONAL ORIGIN, AND WILL PROVIDE TO BIGOTRY NO SANCTION AND TO PERSECUTION NO ASSISTANCE Item #16I1 September 27, 2022 Page 123 SEPTEMBER 27, 2022 BCC MISCELLANEOUS CORRESPONDENCE September 27, 2022 Page 124 Item #16J1 EXTEND THE 2022 TAX ROLL AT THE REQUEST OF TAX COLLECTOR ROB STONEBURNER, CFC Item #16J2 THE TAX COLLECTOR’S REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY2023 Item #16J3 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED JUNE 30, 2022 Item #16J4 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 21, 2022 Item #16J5 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 SEPTEMBER 1, 2022, AND SEPTEMBER 14, 2022, PURSUANT TO FLORIDA STATUTE September 27, 2022 Page 125 136.06. Item #16K1 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 SEPTEMBER 1, 2022, AND SEPTEMBER 14, 2022, PURSUANT TO FLORIDA 136.06 Item #16K2 BOARD OF COUNTY COMMISSIONERS REVIEWS AND APPROVES THE PROPOSED FY 2022 - 2023 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item #16K3 RETENTION AGREEMENT FOR SPECIALIZED LEGAL SERVICES WITH THE LAW FIRM OF FORD & HARRISON, LLP REGARDING MATTERS INVOLVING COLLECTIVE BARGAINING/LABOR RELATIONS AND EMPLOYMENT LAW MATTERS Item #16K4 AGREEMENT FOR CONSTRUCTION EXPERT CONSULTANT SERVICES WITH THE DELTA CONSULTING GROUP SOUTH, INC., FOR COUNTY CONSTRUCTION PROJECTS, AS NEEDED September 27, 2022 Page 126 Item #16K5 RESOLUTION 2022-154: APPOINTING TWO MEMBERS TO THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Item #17A RESOLUTION 2022-155: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED BUDGET Item #17B RESOLUTION 2022-156: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2022-23 ADOPTED BUDGET Item #17C ORDINANCE 2022-36: AMENDING ORDINANCE NUMBER 18-25, THE MINI-TRIANGLE MIXED USE PLANNED UNIT DEVELOPMENT, TO DECREASE COMMERCIAL USES FROM 200,000 TO A MAXIMUM OF 130,000 SQUARE FEET WITH A MINIMUM OF 15,000 SQUARE FEET OF OFFICE USES AND A MINIMUM OF 30,000 SQUARE FEET OF OTHER COMMERCIAL USES; AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND September 27, 2022 Page 127 REMOVE MOVIE THEATRE AND BOWLING CENTER USES; AND BY AMENDING THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.35± ACRES; AND BY PROVIDING AN EFFECTIVE DATE Item #17D ORDINANCE 2022-37: ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT BY AMENDING THE MINI-TRIANGLE MIXED USE SUB- DISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; September 27, 2022 PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at I2:04 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEAL S/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DI UNDER ITS CONTROL ( e). c• WILLIA L. McDANIEL, JR., CHAIRMAN ATTEST: CRYSTAL iK:•KII\IZEL, CLERK YS ttest as to Chairman TI iRgIMPI tes app d by the Board on Gi:;-5 2o2R--as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. 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