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BCC Minutes 03/26/2024March 26, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 26, 2024 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 Board members present: Chairman: Chris Hall Rick LoCastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Scott Teach, Deputy County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 March 26, 2024 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 26, 2024 9:00 AM Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – 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 CHAIR. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON 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 CHAIR. 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 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 2 March 26, 2024 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 CHAIR. 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 CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR’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 ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; Page 3 March 26, 2024 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 Pastor David Wildman, Grow Church - Estates Location 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. February 13, 2024, BCC Minutes C. February 27, 2024, BCC Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Karla Nicol- Fleet Management 2) 20 YEAR ATTENDEES a) Anthony Colangelo Jr- Parks & Recreation 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES 1) Recognize Nolan Sapp for his 46 years of dedicated public safety service upon retirement. Page 4 March 26, 2024 D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating March 24 - 30, 2024, as the 41st Anniversary of Know Your County Government Week. To be accepted by Tish Roland, 4-H Youth Development Agent, UF/IFAS Collier County Extension, Mikie Stroh, Social Studies Coordinator, Collier County Public Schools, and Diane Preston Moore, President, League of Women Voters. B. Proclamation designating March 29, 2024, as Vietnam War Veterans Day in Collier County. To be accepted by VFW Cmdr. Gamal "Tony" Reyes. 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 approve an Ordinance amending the Collier County Growth Management Plan to create the GMA Commercial Subdistrict within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of Indoor Air-Conditioned Mini and Self-Storage. The subject property, consisting of 9.84± acres, is located on the south side of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East. [PL20230002460] (Companion item to 9B) (District 3) B. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning property to a Commercial Planned Unit Development (CPUD) Page 5 March 26, 2024 zoning district for a project to be known as GMA CPUD, to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and indoor air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage on 9.84+ acres of property located south of Immokalee Road, approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. [PL20230002458] (Companion item to 9A) (District 5) C. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Genesis CPUD to allow up to 65,000 square feet of gross floor area of commercial uses on 10.51± acres of property located in the northwest quadrant of the intersection of Pine Ridge Road and I-75, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (PL20220004304) (District 2) D. Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program. (All Districts) 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (District 3) B. To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, Page 6 March 26, 2024 allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (District 3) C. Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 23-8141, “Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells” to Youngquist Brothers, LLC, in the amount of $29,389,000, and authorize the Chairman to sign the attached Agreement. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (District 5) D. Recommendation to approve Change Order No. 15 in the amount of $4,820,600.00, under Agreement No. 18-7474 pertaining to the "Design- Build of Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines," with Mitchell & Stark Construction Co., Inc., add 550 days to the contract, waive liquidated damages of $1,790,000 and have the Chair sign the attached Change Order. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. 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 Project Updates Page 7 March 26, 2024 C. 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 authorize the Clerk of Courts to release a Performance Bond in the amount of $4,980, which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester Phase 2, PL20230014392. (District 5) 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $233,240, which was posted as a guarantee for Excavation Permit Number PL20220005335 for work associated with Stonebridge Country Club - Golf Course Renovations. (District 2) 3) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $163,400, which was posted as a guarantee for Excavation Permit Number PL20220008091 for work associated with the Vineyards Country Club - South Golf Course Renovation. (District 3) 4) Recommendation to approve the release of a code enforcement lien with an accrued value of $303,195.64 for a reduced payment of $19,940.60 in the code enforcement action titled Board of County Commissioners vs. Jason Lee Willard Est., relating to property located at 1680 Acremaker Rd, Collier County, Florida. (District 3) 5) Recommendation to adopt a resolution to hold a public hearing on April 9, 2024 to consider vacating four 30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504, Official Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of the Public Page 8 March 26, 2024 Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and lying south of Immokalee Road (CR- 846) in Section 28, Township 48 South, Range 26 East, Collier County, Florida. (PL20240000788) (District 3) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award Invitation to Bid (ITB) No. 23-8163, “Installation & Maintenance of Traffic Signals and Roadway Lighting” to Southern Signal & Lighting, Inc., (primary vendor) and Horsepower Electric Inc., (secondary vendor), authorize the Chairman to sign the attached Agreement. (All Districts) 2) Recommendation to approve a First Amendment with Superior Landscaping & Lawn Service, Inc., and a Second Amendment with Superb Landscape Services, Inc., under Agreement No. 18-7430, “Landscape Maintenance Vendors,” extending those agreements for an additional 180 days, and authorize the Chairman to sign the attached Amendments. (All Districts) 3) Recommendation to award Invitation for Qualifications (IFQ) No. 23- 8135 “Exotic Vegetation and Nuisance Vegetation Removal” to EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC., Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., DeAngelo Contracting Services, LLC., and authorize the Chairman to sign the attached Agreements. (All Districts) 4) Recommendation to approve a budget amendment in the amount of $22,532.20 to recognize revenues received from traffic accident reimbursements from Insurance Companies in Landscape Project Fund (1012). (All Districts) 5) Recommendation to recognize carry forward funding for the Collier Metropolitan Planning Organization (MPO) in the amount of $5,828.30, earned from the FY 2022/23 Transportation Disadvantaged Planning Grant, and to approve all related necessary Budget Amendments. (All Districts) Page 9 March 26, 2024 6) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 147DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2 (Project No. 60142, Estimated Fiscal Impact: $28,871 from Stormwater Capital Improvement funds). (District 4) 7) Recommendation to approve Change Order No. 1 under Agreement No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt Beach Road Extension from CR951 Collier Blvd. to 16th St. NE Project for one hundred seventy three (173) additional days and $790,742.31 for unforeseen additional items reimbursable from the Owner’s Allowance, including an after-the-fact payment in the amount of $17,126.29 for material testing, and authorize the Chairman to sign the attached Change Order. (Project No. 60168, Estimated Fiscal Impact: $790,742.31 from Contract Allowance-Roadway funds). (District 5) 8) Recommendation to authorize the electronic submission of the County Incentive Grant Program (CIGP) and the Transportation Regional Incentive Program (TRIP) Applications with the Florida Department of Transportation to fund the design of a major intersection improvement at Golden Gate Parkway and Livingston Rd. in the amount of $6,000,000. (District 2, District 4) 9) Recommendation to approve and execute a Local Agency Program (LAP) Federal-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $8,710,000 for the construction of the 16th Street NE Bridge Project and authorize the necessary budget amendment, FPN 451283-1-58-01. (Project 60212, Fund 1841). (District 5) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the Donation Agreement with Collier Park of Commerce Owners’ Association, Inc., a Florida not-for-profit corporation, at a cost not to exceed $750 for payment of property owner’s attorney fees for the acquisition of a Utility Easement to expand the easement area for Pump Station 309.12. (District 4) 2) Recommendation to approve an Easement to Florida Power & Light Page 10 March 26, 2024 Co., for installation of a switch cabinet to facilitate conversion of overhead to underground service, at the Golden Gate Wastewater Treatment Plant at 4931 32nd Ave SW, Naples, Florida (District 3) (28168) 3) Recommendation to waive liquidated damages of $97,020 for completion of the wall, gate, and landscaping for the Community Pump Station 101.16 Rehabilitation Project; approve the revised Notice to Proceed establishing substantial and final completion dates; approve after-the-fact payment of Pay Application 1 the amount of $93,094.24 for the project work completed through August 31, 2023; and approve continued work and completion of the project . (Project 70139) (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve Amendment #9 to the State and Local Fiscal Recovery Plan to include a reallocation of funds to support affordable housing and mental health services and allow for the purchase of additional ambulances to enhance services throughout Collier County. (All Districts) 2) Recommendation to approve and authorize a Budget Amendment to recognize interest earned, in the amount of $1,760.02, for the period of October 2023 through December 2023 on advanced library funding received from the Florida Department of State to support library services for the use of Collier County residents. (Public Service Match Fund 1840) (All Districts) 3) Recommendation to approve and authorize (1) a fund transfer in the amount of $27,600 to Emergency Solutions Grants Program PY22 Match Fund from Collier County Seniors Fund (2) transfer $2,400 within Emergency Solutions Grants Program Housing Match Fund from PY21 Match project to PY22 project and (3) reallocate $677.60 of match within PY22 project to meet the required federal match obligation for the Emergency Solutions Grant Program. (All Districts) 4) Recommendation to approve the State Housing Initiatives Partnership Annual Report and Local Housing Incentive Certification for the closeout of Fiscal Year 2020/2021 and authorize the electronic Page 11 March 26, 2024 submission to Florida Housing Finance Corporation to ensure compliance with program requirements. (SHIP Grant Fund 1053) (All Districts) 5) Recommendation to approve and authorize the Chairman to sign the HUD Federal Financial Report SF-425 for the close out of the HOME grant for Fiscal Years 2011, 2012, 2013, 2014, 2015, and 2017. (All Districts) 6) Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (All Districts) 7) Recommendation to accept and appropriate a donation of $75,000 from the Friends of the Library of Collier County, Inc., to the Collier County Public Library for the purchase of eBooks and eAudio to enhance the Library’s electronic materials collection, and to authorize the necessary Budget Amendment. (All Districts) 8) Recommendation to accept the annual FY24-25 Retired and Senior Volunteer Program grant award from AmeriCorps Seniors in the amount of $77,500 with the required match obligation of $47,754 and authorize the necessary Budget Amendments. (Human Services Grant Fund 1835 and Human Services Match Fund 1836) (All Districts) 9) Recommendation to approve the “After-the-Fact” submission of a grant application to the Florida Department of Children and Families for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program in the amount of $2,407,857 including $1,207,857 in match over three (3) years. (All Districts) 10) Recommendation to approve and authorize the Chairman to sign a four-year Agreement between Collier County and the David Lawrence Mental Health Center in the amount of $900,000 to operate the Collier County Adult Drug Court Program utilizing funds from the Department of Justice, Bureau of Justice Assistance. (All Districts) E. CORPORATE BUSINESS OPERATIONS Page 12 March 26, 2024 F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt the 2024 Strategic Plan with the inclusion of changes based upon direction received at the February 6, 2024, Board Workshop. (All Districts) 2) Recommendation to approve and accept title to Tract 10, Wiggins Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. (District 2) 3) Recommendation to approve Change Order No. 1 for a 180-day time extension for the Collier County Jail Fire Alarm Replacement” project, under Agreement No. 22-8018 with National Security Fire Alarm Systems, LLC. (Project No. 50237) (District 1) 4) Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (All Districts) 5) Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. (All Districts) 6) Recommendation to approve and ratify the third amendment to a Memorandum of Understanding (MOU) between Public Services Department, Community and Human Services, and Collier County Emergency Medical Service (EMS), to modify scope of work from four ambulances to the purchase of up to seven ambulances under Collier Public Health Infrastructure Program, ARP21-23, for a total of $2.7 million within the Emergency Medical Services Grant Fund under the American Rescue Plan Act, Local Fiscal Recovery Fund. (All Districts) Page 13 March 26, 2024 7) Recommendation to renew a Certificate of Public Convenience and Necessity for Class 2 ALS non-emergency inter-facility ambulance transports to MedTrek Medical Transport, Inc., to provide inter- facility and out of county ambulance transfer services. (All Districts) 8) Recommendation to authorize budget amendment within County Wide Capital Project Fund (3001) in the amount of $850,000 to New Air Conditioners Project (52162) from Reroofing Project (52161) to support current priority needs. (All Districts) 9) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 10) Recommendation to approve an after-the-fact electronic submittal of an Assistance to Firefighters Grant application to FEMA in the amount of $883,600.00 for the purchase of 94 replacement portable radios for EMS and to allow the County Manager, or designee, to serve as the authorized representative in the electronic system, FEMA GO, throughout the grant period. (All Districts) 11) Recommendation to approve a report covering Budget Amendments impacting reserves up to and including $25,000, and moving funds in an amount up to and including $50,000. (All Districts) 12) Recommendation to approve and authorize the Chairman to execute an Amendment and Extension to an existing Agreement between the Villas at Barefoot Beach Homeowners Association, Inc., and Collier County for a maintenance agreement for contiguous properties at Barefoot Beach Park North Access. (District 2) 13) Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport) for the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee. (All Districts) Page 14 March 26, 2024 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating April 13 - 20, 2024, as Pickleball Week in Collier County. To be accepted by Mike Dee, CEO, Pickleball for America and Terri Graham and Chris Evon, co-founders of the Minto US Open Pickleball Championships. 2) Proclamation designating March 2024 as American Red Cross Month in Collier County. To be accepted by Jill Palmer, Executive Director, South Florida Region, and Dennis G.E. Sanders, Community Volunteer Leader. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence March 26, 2024 (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 20, 2024. (All Districts) 2) 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 in the amount of $31,541,560.17 were drawn for the periods between February 29, 2024 and March 13, 2024 pursuant to Florida Statute 136.06. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint the initial membership of the Rock Road Improvement Advisory Committee (District 3) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency and the Board of County Commissioners review and accept Page 15 March 26, 2024 the 2023 Annual Reports for the two community redevelopment component areas: Bayshore Gateway Triangle and Immokalee and publish the reports on the appropriate websites. (All Districts) ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. for those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. Recommendation to approve an Ordinance amending the Future Land Use Element of the Collier County Growth Management Plan to create the Home Depot-SE Naples Commercial Subdistrict to allow development of 140,000 square feet of gross floor area of commercial uses and home improvement store uses. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 13.77± acres. [PL20220000946] (Companion item to 17B) (District 1) B. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning property to establish The Home Depot - SE Naples CPUD to allow development of 140,000 square feet of gross floor area of commercial/office uses and home improvement store uses; and to repeal an old provisional use Resolution and rezone Ordinance commitment related to an access road. The subject property is 13.77+ acres located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [PL20220000543](Companion item to 17A) (District 1) C. Recommendation to approve an Ordinance amending the Future Land Use Page 16 March 26, 2024 Element of the Collier County Growth Management Plan to create the Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet of gross floor area of Commercial Intermediate (C-3) or 20,000 square feet of gross floor area of Boat Sales and Boat and Engine Services and Repairs. The subject property, consisting of 3.5± acres is located south of Radio Road, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East. [PL20230002069] (Companion item to 17D) (District 1) D. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning property from the Commercial Intermediate District (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as The Boat House CPUD to allow the development of up to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial uses or 20,000 square feet of gross floor area of boat sales and boat and engine services and repairs for the property located south of Radio Lane, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East, Collier County, Florida; consisting of 3.5+/-acres. [PL20230002068] (Companion item to 17C) (District 1) E. This Item has been continued from the February 27, 2024 BCC Meeting Recommendation to adopt an Ordinance amending the Collier County Land Development Code to clarify the regulations pertaining to mobile homes located in the coastal high-hazard area, to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida Building Code, and to update citations and correct scrivener's errors. (Companion item to 17F) (All Districts) F. Recommendation to approve an Ordinance amending the Collier County Code of Laws and Ordinances to update temporary emergency housing and floodplain development regulations. (Companion item to 17E) (All Districts) G. Recommendation to adopt an Ordinance amending Ordinance No. 2019-14, which established the Currents Community Development District, in order to contract the external boundaries of the District resulting in a net contraction of 5.12± acres from 516.25± acres to 511.152± acres. (District 1) Page 17 March 26, 2024 H. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY23-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. March 26, 2024 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everybody. How's everybody? Welcome to the -- welcome to the commissioner meeting. Glad to have the vets in the house, any students in the house, as we do Government Awareness Day. So today should be a good day. County Manager. MS. PATTERSON: Let's begin with our invocation and Pledge of Allegiance. Our invocation by Pastor David Wildman, Grow Church, Estates location. Item #1A INVOCATION BY PASTOR DAVID WILDMAN, GROW CHURCH - ESTATES LOCATION - INVOCATION GIVEN PASTOR WILDMAN: Heavenly Father, we come before you today with hearts filled with gratitude as members of this community gather for this commissioner meeting. Thank you for the opportunity to unite in purpose and service under your guidance. Lord, we lift up each commissioner and decision-maker in this room. Bless their families, protect their homes, and grant them the wisdom and guidance they need to lead with integrity and compassion. As it is written in James 1:5, if any of you lacks wisdom, you should ask God, who gives generously to all without finding fault, and it will be given to you. May this promise guide these leaders as they seek to honor you in their service. We pray for the residents of Collier County, our business owners, our brave first responders, and our armed forces both here and abroad; shield them from harm and bring restoration to March 26, 2024 Page 3 those who have suffered loss. May your hand of protection be upon them, and may they feel your presence in their lives. Father, as we proceed with today's agenda, let every word spoken in this room be seasoned with grace and humility. Help everyone remember the responsibility we carry, not for our own glory, but as stewards of the gifts you have entrusted to us. May we all walk in gratitude and the fear of the Lord, always mindful of the greater purpose we serve. In all that we do today, let us reflect your love and your truth, seeking not just the prosperity of our county but the flourishing of every soul within it. We ask all these things in the precious name of Jesus, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HALL: I did fail to say -- and I was glad that it didn't happen. I'm glad nobody's phone interrupted God's conversation. But if you haven't silenced your phone, please do so now. That would be most helpful. 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 KOWAL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Commissioners, agenda changes for March 26th, 2024. Items 11.A and 11.B are our time-certain items at 2:30. These are related to the Rural Neighborhood Renaissance Hall at Old Course second amendment leases and income-sharing agreements. March 26, 2024 Page 4 I'll read the full titles in when we get -- at 2:30. Continue Item 16.D.6 to the April 9th, 2024, BCC meeting. This is a recommendation to approve and authorize an after-the-fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing-related programs, and to waive competitive procurement. This is being moved at staff's request. Add-on Item 10.A is a recommendation to submit a letter to Governor DeSantis to urge him to veto Senate Bill 7014, the ethics bill. This is being added to the agenda at Commissioner Saunders' request. Move Item 16.F.4 to 11.E. This is a recommendation to authorize -- approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979, "Tourism International Representation - UK and Ireland Market," with OMMAC, Limited, for flat annual fixed price of $120,000 and reimbursable expenses for travel, registrations, and miscellaneous for up to $80,000, totaling $200,000 annually, and make a finding that this action promotes tourism. This is being moved at Commissioner McDaniel's request. And move Item 16.F.5 to 11.F. This is a recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980, "Tourism International Representation - Germany Market," with DiaMonde e.K. for flat annual fixed price of $120,000 and reimbursable expenses for travel, registrations, and miscellaneous expenses for up to $60,000, totaling $180,000 annually, and make a finding that this action promotes tourism. This is also being moved at Commissioner McDaniel's request. As I noted, Companion Items 11.A and 11.B will be heard at 2:30 p.m. And we have court reporter breaks set for 10:30 and 2:50. March 26, 2024 Page 5 With that, County Attorney, any further changes? MR. TEACH: No changes. MS. PATTERSON: Commissioners. CHAIRMAN HALL: We have -- do we have a motion to approve the summary and the consent agenda? MS. PATTERSON: If we could get our changes and ex parte. CHAIRMAN HALL: Oh, changes, okay. MS. PATTERSON: Yep. We'll start with Commissioner Kowal. CHAIRMAN HALL: Any changes and ex parte, Commissioner Kowal? COMMISSIONER KOWAL: I have no changes, and I do have items [sic] for 9.B, 9.C, actually, 17.B and 17.D, meetings, e-mails on all four of those items. CHAIRMAN HALL: All right. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I don't have any changes to the agenda. I do have some ex parte in reference to Items 17.B and 17.D, just meetings and some correspondence. CHAIRMAN HALL: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning, sir. I have no changes myself, and I have ex parte on 17.B and C. CHAIRMAN HALL: Great. I have no changes, and I have -- I have meetings on 17.B and meetings on 17.D as well. And, Commissioner LoCastro. COMMISSIONER LoCASTRO: Yes, sir. Thank you, Mr. Chairman. I have -- on 17.B, I have meetings, and 17.D, I have meetings. And no changes, but, you know, with your discretion or your approval, I'd like to just defer a little bit off of the summary agenda. There's three items that I was considering pulling for more March 26, 2024 Page 6 clarification, and it was 17.A, 17.B, and 17.C. But after discussions with Mr. Bosi -- and I would ask if he could come forward. And I've voiced this several times, and I spoke with Ms. Patterson yesterday about it. Sometimes on the summary and the consent agenda, it could benefit from a few extra sentences. A citizen who's not in the room right now or watching the all-day proceedings could read something on the summary and consent agenda and have an improper takeaway, making it sound like we're building something tomorrow or -- you know, we get these e-mails a lot, "Oh, I saw something on the summary agenda, and you guys snuck another one through." So, you know, with your permission, I would just like Mr. Bosi to just give a couple of sentences to explain the Home Depot project of 17.A and B and the boat project in 17.C in as little as -- you know, as much brevity as possible. But I think it warrants just a little bit of clarification. What he said in my office yesterday I wish would have been in print here. So that's why I just ask for him to come to the podium so that we know what we're approving and what we're not approving. CHAIRMAN HALL: Mr. Bosi. MR. BOSI: Good morning, Commissioners. Mike Bosi, Planning and Zoning director. For the Growth Management Plan amendment and the commercial PUD for Home Depot, they're requesting -- currently there's six parcels, just over 13 acres. They are zoned C-3, but for a big-box store like a Home Depot, you need a C-4. So they are -- they've submitted a Growth Management Plan amendment to raise the commercial level to C-4 within their PUD to allow for the development of a Home Depot. It's a unique site in the sense that it's shallow. It's not a very deep parcel. So this is going to be one where the building's brought much closer to the road. It's going to have a much more intimate March 26, 2024 Page 7 feel. Parking's going to be to the side. But staff is in fully of -- support of the project. The Planning Commission had a unanimous recommendation for the project. And we think the addition of that Home Depot's going to add some additional competition to the market related to the home goods and hardware that are specifically geared to the neighborhood. And one of the things that we've had conversations with the East Naples development -- or the East Naples community, forever they said, "You know, self-storage facilities, car washes, gas stations, they're not quite what we're looking for. We want a little bit more neighborhood-serving, and a Home Depot is something that's most certainly going to be able to serve those individual -- those individual household needs in a direct way." So staff has fully supported this project and, as I said, the Planning Commission as well. And then the boathouse GMP and PUD is a similar type of situation. It's a 3-acre parcel that sits between Radio -- Radio Road and Davis Boulevard where they come together, and Radio Lane, just to the west of the Circle K. It's, like I said, a 3-acre parcel currently zoned C-3, but they wanted to develop a boat dealership. But a boat dealership is a C-4 zoning district, so they needed to lift that zoning to C-4. That's what the Growth Management Plan amendment is. And they're only adding the one C-4 use, meaning the boat dealership. And from staff's perspective, from transportation's perspective, it's an actual reduction because of -- the amount of traffic that are generated from a boat dealership compared to some of the other retail uses that could have been developed within that C-3 zoning district would be a little bit more intense. So we think it's a good fit, it's a good -- it's a good addition to an area that has a full arrangement of infrastructure available to it. Once again, staff -- staff was recommending approval on it, as March 26, 2024 Page 8 well as the Planning Commission had a recommendation of approval as well. So any questions you would have? COMMISSIONER LoCASTRO: I just wanted to clarify that they still have to go through many approvals, traffic studies, and all the things that I know we'll get a thousand e-mails on. A lot of times we hear from citizens and they say, "You know, you just rezone everything with a rubber stamp," and this is a perfect example. And Commissioner McDaniel has given these examples several times where he said, "Be careful what you sort of don't wish for, because you say no to this, and then something with much greater density and volume" -- so, you know, we had a discussion yesterday that there's still many more approvals that are needed. This is just one more step to let us take a closer look at the possibility of these, you know, commercial entities going on those footprints. MR. BOSI: Yes, correct. This is the entitlement stage. The next stage is the site development stage for each one, and that's actually where our Concurrency Management System is applied. At your zoning, it's basically just cursory. We let you know how much volume, capacity, seeing what's in the road system within -- within the utility system, but it's actually the Site Development Plan where the concurrency is actually applied, checkbook concurrency is allocated within the transportation review, and the fire districts will have to sign off on all the turning radius. There was some questions about the design of the Home Depot, would it be able to promote, you know, a full sale -- full-scale fire engine to be able to access the site. They're not going to sign off on that Site Development Plan unless it meets the specs of that. So there's still a lot more to come before they're going to be open for business, so to speak. COMMISSIONER LoCASTRO: Thank you, sir. March 26, 2024 Page 9 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Thank you, Chair. I misread on my ex parte. It's 17.B and D is where I had meetings, so... CHAIRMAN HALL: Great. Thank you, Mr. Bosi. Can I have a motion to approve the consent and summary agenda? COMMISSIONER KOWAL: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Moved and seconded to approve. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: County Manager. SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2024 Item 11A to be heard at 2:30 PM: To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (Staff’s Request) Item 11B to be heard at 2:30 PM: To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (Staff’s Request) Continue Item 16D6 to the April 9, 2024, BCC Meeting: Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (Staff’s Request) Add-on Item 10A: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014 (“Ethics Bill”). (Commissioner Saunders’ Request) Move Item 16F4 to 11E: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Move Item 16F5 to 11F: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Notes: TIME CERTAIN ITEMS: Companion Items 11A & 11B to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course Second Amendment, Leases, and Income Sharing Agreement. 4/9/2024 2:31 PM March 26, 2024 Page 10 Item #2B and #2C FEBRUARY 13, 2024, BCC MINUTES AND FEBRUARY 27, 2024, BCC MINUTES - MOTION TO APPROVE AS PRESENTED BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – APPROVED MS. PATTERSON: Commissioners, Item 2.B are the meeting minutes of February 13th, 2024, and you'd like to take Item 2.C with it, that's the meeting minutes of the February 27th, 2024, BCC meeting. COMMISSIONER SAUNDERS: Mr. Chairman, if there are no questions or comments, I'll make a motion to approve both sets of minutes. COMMISSIONER KOWAL: Second. COMMISSIONER McDANIEL: Second it. CHAIRMAN HALL: Great. Motion and second to approve the minutes. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Commissioners, that brings us to our awards and recognitions. Item #3A1 EMPLOYEE AWARDS & RECOGNITIONS - 20 YEAR ATTENDEES – PRESENTED March 26, 2024 Page 11 Item 3.A.1.A, Ms. Nicol will not be with us today. We will schedule her for a future meeting. So that brings us to our next 20-year attendee. This is Anthony Colangelo, Jr., Parks and Recreation. Congratulations. (Applause.) CHAIRMAN HALL: Twenty-year guys know the drill. (Applause.) Item #3C RETIREES - PRESENTED MS. PATTERSON: Item 3.C, retirees. Item 3.C.1 is a recognition of Nolan Sapp for his 46 years of dedicated public safety service upon retirement. And as the chiefs approach, I just wanted to say a few words about Chief Sapp. My time in the County Manager's Office and before, Chief Sapp has been an amazing colleague and a friend to me and to the county. There's never been a time that I have called him or needed something from him when he hasn't answered the phone and provided me the best guidance and reassurance and help anytime, any day or any time of the night. I want to express my sincere thank you to you and as well as on behalf of the staff. We've all worked closely with you. We know that our relationship will continue in some form or fashion, and we look forward to seeing you around. But congratulations on your retirement for now. (Applause.) CHIEF CHOATE: Commissioners, before we let Chief Sapp slide out of here -- for the record, Michael Choate; I'm your executive director of public safety. His staff would like to say a few words, if March 26, 2024 Page 12 that's okay, this morning. I'd like to introduce Chief Wolfe; he's the interim chief now since the retirement, and Commissioner Dearborn for the Greater Naples Fire Commission, and they'd like to say just a couple things about their chief. Personally, I'll take the privilege of this platform to just say when I arrived here March 1st, 2016, Chief Sapp was open arms, made me feel welcome, made me fit right in. And the first big brushfire I showed up on, he just didn't even say hello. He just kind of pointed and said, "Go do." So I went and did. So, Nolan, we're going to miss you, brother. I'm trying to talk you into staying retired. Do not come back. But we all know better. So with that, Chief Wolfe. CHIEF WOLFE: Good morning, everybody. Chris Wolfe, Deputy Chief, Greater Naples Fire. I really don't have anything else to add other than what Ms. Patterson and Chief Choate mentioned. In the end, you're a friend to many. You know, many will say that when they hear you on the radio, you know, the chaos level drops a little bit, and we know we're going to get some commanding control in place. But like everyone has said, hopefully stay retired, but I don't think that's likely. You'll pop up somewhere in about 48 weeks, if my calculations are correct, with FRS. So congratulations, Chief, and we'll miss you, and I'll air some time to either of our commissioners if they want to say anything. COMMISSIONER DEARBORN: Thanks, Chief Wolfe. Chief Sapp, it's been an honor -- for the record, Patrick Dearborn -- honor to be the fire commissioner of Greater Naples. On behalf of -- I know we have Commissioner Cherney back here as well, and all the commissioners. Chief, I'm a military guy. We've got some amazing veterans here in the room. We talk about being a good tactician, and the first March 26, 2024 Page 13 thing I told you when I met ya was you're a great "in the field, underfire" tactician. Your staff's awesome. You create a really cool fairness, family atmosphere that I've seen. I know that's going to continue, because you fostered that. And on behalf of just all the citizens of Greater Naples and Collier County men, I thank you, and God bless you and your family. Thank you. (Applause.) COMMISSIONER LoCASTRO: I'd like Mr. Mike Bosi to come forward and talk about Chief Sapp. No, just kidding. CHIEF SAPP: I'd like to talk a little bit about Chief Sapp. You know, when we prepared the retirement ceremony at the office the other day, I was led to believe it was going to be like an open house, people would come and go, and I was blown away, as many of you attended that. I was very much appreciative of that. And to look up to see Ms. Patterson, Mr. Rodriguez, and many of you there, it was very heartfelt. I love Collier County. I've given my heart and soul to Collier County. I've given up many a day and night, a weekend, a holiday, and without -- without a second thought, and I'd do it again. I've enjoyed everything I've done over the 33 years that I've spent here in Collier County. I'd be remiss if I didn't thank all of you for the hard work that you've put in working with me since I've been the fire chief. You've helped, along with myself, the City of Everglades secure funding for a new fire station. We've gotten Greater Naples' first COPCP. That was a huge hurdle. And many other projects that I've worked with Ms. Patterson, Mr. Rodriguez, the County Attorney, and everybody with, along with Mike Choate, Dan Summers, Crystal in the back. Me and her have been together since '93 when we bought the first 800 system. We were on that selection committee. March 26, 2024 Page 14 So I've had deep roots in Collier County since I came here, and I've enjoyed every minute of it. And I'm going to be -- I'm still going to be living here. I enjoy living here. My family's here. And I'll find something to do here in the county; there's no doubt about it. I can't sit still that long. But thank you all. I truly appreciate it. It means a lot to me. So thank you. (Applause.) MS. PATTERSON: Commissioners, that brings to us Item 4, proclamations. Item #4A PROCLAMATION DESIGNATING MARCH 24 - 30, 2024, AS THE 41ST ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT WEEK. ACCEPTED BY TISH ROLAND, 4-H YOUTH DEVELOPMENT AGENT, UF/IFAS COLLIER COUNTY EXTENSION, MIKIE STROH, SOCIAL STUDIES COORDINATOR, COLLIER COUNTY PUBLIC SCHOOLS, AND DIANE PRESTON MOORE, PRESIDENT, LEAGUE OF WOMEN VOTERS - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: Item 4.A is a proclamation designating March 24th through 30th, 2024, as the 41st anniversary of Know Your County Government Week, to be accepted by Tish Roland, 4-H Youth Development Agent, UF/IFAS Collier County Extension; Mikie Stroh, social studies coordinator, Collier County public schools; and Diane Preston-Moore, president, League of Women Voters. March 26, 2024 Page 15 Congratulations. (Applause.) MS. VILLA: Hello. I am Nicole Villa, Golden Gate Estates High School. I was chosen to represent the 2024 youth involved with the 41st Know Your County Government. Today we are on the third day of our program, that is partnership with Collier Public Schools, League of Women Voters, and University of Florida 4-H Youth Development in Collier County. We've been all over Collier County visiting different offices, the Sheriff, Supervisor of Electors [sic], Clerk of Circuit Court, Property Appraiser, the Tax Collector, wastewater facilities, and so many more. We have found that there are a lot of people working for Collier County, and they all have different backgrounds, education levels, and experiences. All these people work to make Collier County the most amazing place to live in. We would like to thank all the employees of Collier County for what they do, and your hard work is appreciated. Thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING MARCH 29TH, 2024, AS VIETNAM WAR VETERANS DAY IN COLLIER COUNTY, ACCEPTED BY VFW COMMANDER GAMAL "TONY" REYES - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: Item 4.B is a proclamation designating March 29th, 2024, as Vietnam War Veterans Day in Collier County, March 26, 2024 Page 16 to be accepted by VFW Commander Gamal "Tony" Reyes. Congratulations. (Applause.) MR. HOLMES: Would you direct Dusty Holmes, former Army nurse, to join us in the front? I'll pay for that later, people. (Applause.) MR. REYES: Good morning, Commissioners. I am Tony Reyes, the VFW Post 7721 commander, and we do appreciate the invitation and the recognition that you have expressed to us today. We also want to take advantage -- and special thanks to Commissioner LoCastro and his staff for spearheading the effort of putting together the proclamation for us. It was very well done. Thank you very much for it. On behalf of the VF -- well, they're all escaped from me. I was going to recognize our Vietnam veterans here today. But for those that remained, thank you for your service, and welcome home. Thank you. (Applause.) MR. HOLLIDAY: Thanks, guys. Appreciate it. Thank you, everyone. MS. PATTERSON: Commissioners, that brings us to Item 7, public comments on general -- oh, yes. Could we get a motion to accept the proclamations first, please, first? Thank you. Thank you. COMMISSIONER SAUNDERS: So moved. COMMISSIONER KOWAL: Second. CHAIRMAN HALL: All right. Moved and seconded. All in favor to accept the proclamations, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. March 26, 2024 Page 17 COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Item 7, public comments on general topics not on the current or future agenda. Troy. MR. MILLER: Mr. Chair, we have eight registered speakers for this item. Your first speaker is Laurie Harris, and she will be followed by Jackie Keay. MS. HARRIS: Good morning, Commissioners. My name is Laurie Harris. I am from Marco Island, Florida. Good morning, everyone. Collier County Domestic Animal Services has an advisory board. This board has three open seats that are up for appointment in April: A veterinarian or vet tech, Humane Society, and an at-large. I have applied for the at-large seat. I'm a full-time resident of Marco Island, a volunteer at DAS, the adoptions coordinator for Guardians of Florida Animal Rescue, a member and volunteer at the Marco Presbyterian Church, and I was a member of the U.S. Coast Guard Auxiliary as a licensed captain and instructor and a volunteer for the Marco Patriots. As you can see, I'm dedicated to my community and the animals. The seat I applied for is currently held by Sue Law. I don't know if she's seeking reappointment to the seat, nor do I know if anybody else has applied for any of the open seats. That's Sunshine Laws. March 26, 2024 Page 18 As for the office the County Attorney, the current advisory board reviews all applications to decide who they want to the board, then submits the applications for your approval. In my opinion, the current advisory board is dysfunctional. A public records request for the last five years cannot locate any recommendations from the advisory board to the Board of County Commissioners. The veterinarian was delighted to get off the board, stating, "I don't see how this board brings any changes to the community." The chairman changed meetings from monthly to quarterly and stated to me, "Since Marcy" -- she's the director -- "does everything herself, there's little for us to do." I disagree with the sentiment and believe there is much the advisory board can do to assist the DAS staff who work so very hard for the animals and the community. I'm here today because of my commitment to this community. A healthy, functioning advisory board will identify problems and work together to find solutions. My vision is to bring the non-profit organizations and Collier to work in tandem with DAS, as we all have the same mission. In the next couple of weeks, the chairman of the advisory board will ask you to approve his recommendations for the three open seats. I respectfully request that you are not a rubber stamp to those recommendations and, instead, review the applicants and appoint the most qualified. Respectfully submitted. Thank you. MR. MILLER: Your next speaker is Jackie Keay. She'll be followed by Richard Schroeder. MS. KEAY: Good morning. Jackie Kay, proud Army veteran. First John 2:18, 4:2 through 3 warns us that there have been and will be many more antichrists. The antichrist is Satan's spirit that is manifested in toxic people, and John confirms that these hypocrites March 26, 2024 Page 19 will come from the Christian community. Like Satan, such deceitful and corrupt Christians have rejected God in their hearts, and Satan is their original antichrist who opposes God and is the epitome of all things evil. These misguided liars who claim to be Christians but are devils more -- but are devils prove through consistent acts of hatred and evil that they are anti-Christ. They blaspheme Jesus' name and weaponize Christianity, which damages God's kingdom. They seem to forget that blasphemy is an unforgivable sin, and hell is their only option. According to Psalm 97:10, those who love God will hate evil. Contrary to God's words, those who are anti-Christ love evil and hate good. They are so hateful that they are targeting and persecuting the very people Jesus commanded us to share the truth of the gospel with. According to Jesus and Matthew 7:21 through 23, not everyone who claims or who calls him Lord will enter his kingdom. Jesus is clear that only those who obey and do the will of God will enter heaven. As such, he will tell the evildoers he does not know them, which refers them or defers them to hell. Antichrists will be judged more harshly because they know the truth and still choose Satan. These devils embody forces of darkness and evil spirits, Ephesian 6:12. We are warned in 1 Corinthians 5:11 through 13 to not associate or even eat with anyone who claims to be Christian and live in sinful activities like sex outside of marriage, lies about others, worship idles including politicians, or blasphemers. The Apostle Paul clarifies that it is God's job to judge those outside of the church and believers' job to judge those inside the church who are living in sin. Lastly, in Revelation 19 and 20, Satan, the beast, antichrist, prophet, the man of lawlessness, and son of destruction and their March 26, 2024 Page 20 followers will be thrown into the lake of fire where they will be tormented forever and ever, amen. Thank you. MR. MILLER: Your next speaker is Richard Schroeder, and he will be followed by Jay Kohlhagen. DR. SCHROEDER: Richard Schroeder, retired physician. We talked a little bit about -- at the last meeting about the risk of wireless radiation to human and environmental health, but I think we need to understand a bit more about the telecommunications industry that uses wireless radiation and how it's regulated. It seems that the regulations are very industry friendly indeed. Federal law gave the FCC the sole power to regulate wireless radiation risks. The FCC is a very improbable organization to serve that role of protecting humans. It specializes in technical issues that make the communications system function and promote it, not in the health and safety of the individuals who use it. Such evaluations and safety regulations that do exist certainly have not evolved with the industry. The FCC's rules target just one health hazard, the possibility that wireless radiation can cause immediate thermal damage by overheating the skin the way a microwave oven heats food. This is done using a cute little test dummy. It's up on the screen there. Proper human evaluations have never been done, and all we know for sure from the FCC's SAR, our specific absorption rate test, is that your cell phone and wireless devices will not harm plastic within six minutes. And this is in pretty sharp contrast to many other studies, including that of the NIH's National Toxicology Program which showed severe harms in animal testing with brain damage at even 1/100th of the dose used for humans. So interestingly, our favorite organization, the World Health March 26, 2024 Page 21 Organization, who loves it so much they want to control our lives, played a part in this dramatic misplacement of risk assessment. That's because most countries have adopted the W.H.O.'s regulatory guidelines and electromagnetic frequency policies which assume that negative health affects only occur when the levels of radiation are high enough to heat human tissue, which doesn't take into account long-term exposure to lower levels of radiation. Two other wireless presences in our lives we should understand better to get a grasp of this long-term exposure are 5G and SMART meters. 5G introduced a whole host of additional risks by adding 3,000 new frequencies all in the short millimeter range. That's in contrast to just five new frequencies that 4G added to the 20 that already existed under the second generation and third generation, or 2G and 3G. Your home SMART meter is a dual-use technology, meaning it had military use development, whose initials stand for Smart Military Armaments in Residential Technology. It's a hugely concerning issue for its invasion of individual privacy, because it serves to monitor every electronic aspect of our lives while throwing off tons of radiation in the process with constantly pulsing signals. And more on that later, but I wanted to save just a second or two to just voice my support for those who may be coming after me with the project for the community gardens. I happen to live in one of the caged communities where gardens are not allowed. So I would lend my support to that effort. Thank you. MR. MILLER: Your next speaker is Jay Kohlhagen. He'll be followed by Nancy Hannigan. MR. KOHLHAGEN: Jay Kohlhagen, for the record. Commissioners, Dan, again, everyone here, hey. I'm speaking about the community gardens here. There's a need March 26, 2024 Page 22 for them. And I'm speaking for the people who I call urban farmers. These are the people that live in apartment buildings; gated communities, like Richard just said; people that live in, I guess, mobile homes, mobile parks. I mean, these are all people that -- and I guess other people can't afford to have gardens or -- these gardens are for people that would just love to have a place they could put some seeds in the ground and grow their own food. I'm back to -- community gardens are a gathering place. They're a gathering place for the community, for families and people from different religions, different values, different cultures. This is a place where they get together and work with the others on their food plots or their garden beds, and they have a good time doing it. I think that -- I think we need stuff like this, some of these out here. Going back to -- I think gardening -- gardening is good therapy for your mind and for your soul. It's another -- another healthy -- healthy option for exercise. I know that it's -- it's good for people like me that it's hard for me to get around, and it's just a good source of exercise. I think that it would make these -- if we make these community gardens, I think we could make some that are actually handicap-accessible. We could raise some gardens up so the handicapped people can -- they can get their hands dirty and feel like they're a part of the community. I walked three parks on Saturday. East Naples Community Park, I walked that, and I was looking for places, and I ran into a couple, and they were -- I had talked to them about what they thought about having a -- having a community garden. And they told me, "Well, we're only down here since -- from December to Easter." Well, I told them if they put some seeds in the ground, that by Easter, that they'll be -- have greens on their plate. What's another -- I'd like to -- you know, I'm going to get with March 26, 2024 Page 23 you, Dan, tomorrow, and we'll go over some of this stuff at that meeting tomorrow. And what I'd like to really say is -- I'd like to say, let's make Collier County, okay, let's make Collier County the community garden capital of the world. Thank you, guys. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Before you leave the podium, sir -- MR. MILLER: Jay. COMMISSIONER SAUNDERS: And I'm glad you're having a meeting with Commissioner Kowal, because my question was -- you know, I grew up gardening in an area that had a community garden. What are you thinking of in terms of locations and things like that? MR. KOHLHAGEN: Oh, East Naples to start. COMMISSIONER SAUNDERS: I mean, is there a particular area? MR. KOHLHAGEN: Oh, yeah. I've got them. I'll talk to Dan about that tomorrow. COMMISSIONER SAUNDERS: Great. And then the other issue is how do you make sure that the people that are doing the gardening are the ones that reap the benefits from it? MR. KOHLHAGEN: Well, that's because you've got a little -- you've got a little gate there with a little key, a little combination, so the people can get in and do that. COMMISSIONER SAUNDERS: I look forward to hearing from Commissioner Kowal. MR. KOHLHAGEN: I'm telling you, I've got one in your -- I see -- I see these gardens all over the place. I mean, I see them -- the Vineyards. I talked to -- I talked to John, John Dino over there. He's the president of Naples -- the Optimist Club, and he said they'd be willing to -- to fund some of that out there. They thought it was a March 26, 2024 Page 24 real good idea, you know. There's a lot of it. I see -- I see community gardens right outside this government complex out here. Your people can -- or any people that work here can do their garden at lunchtime or something. I mean, I see them all over, from Everglades City, I mean, all the way to North Naples, all the way to Immokalee. I see them -- in all your districts, I see these, including Marco and, like I said, Isle of Capri. I mean, I see them all over. But I'd like to start with one so we can work the bugs out, you know, work the bugs out, you know and -- COMMISSIONER SAUNDERS: Thank you. CHAIRMAN HALL: Thank you, Jay. MR. KOHLHAGEN: All righty. MR. MILLER: Your next speaker is Nancy Hannigan. She'll be followed by Andrea Werder. MS. HANNIGAN: Good morning. I work at the -- I don't work at -- I garden at the community garden on Immokalee Road with Jay and a lot of other lovely people, and I think it's a wonderful idea to have different gardens around the communities, North Naples, South Naples, because I drive all the way from the airport up to Immokalee Road every other day just to water my garden or prune or whatever. Anyway, I think gardening is a wonderful extracurricular activity at this point. But in the future, given there are forces in the country that consider eating bugs a possible future for us, I think that having lots of community gardens and planting fruit trees around Collier County, I think it's a wonderful idea. And I've been studying nutrition my entire life, and I think eating vegetables, especially fresh ones, not month-old vegetables, is absolutely the best way to go. And when certain foods are not available to us, which could be part of our future as well, I would March 26, 2024 Page 25 consider it prudent to allow Collier citizens to grow and raise their own food at their homes, if they have space, and maybe the spaces need to be looked at. Okay. Thank you very much. MR. MILLER: Your next speaker is Andrea Werder. She'll be followed by Daniela Craciun. MS. WERDER: To plant a garden is to dream of tomorrow, but today we no longer have to dream it. We can do it. Today we can build it. Today we can grow it. Today we can come together and enjoy community gardening in Collier County. And just listening to the other speakers -- I've been a member of a community garden, and what I like about it is it brings people together. I kind of think of that Beatles song, "Come Together." What it does -- thank you. Yes. That's exactly what it does; Christians, Jew, you know, rich, poor, it doesn't matter. We all want to eat good food. And we all enjoy being in a beautiful environment with people in the community who actually care. We want to make Naples a better place. When I moved down here five years ago, what I loved about Naples is it had this perfect vibe of cultural and organic farming. And I'm like, "Wow, this is a community that it's small enough where we can grow together, where we can support one another." In this politically divisive climate, it's kind of sad, but the garden has been my haven, my haven to meet with all different walks of life, people from -- people are my friends that I never even knew were around. You know, it just brings us together, and that is my message today. Just, let's come together, let's do something to support one another physically, mentally, socially, and even financially. So thank you so much for considering this garden community. Bye, bye. March 26, 2024 Page 26 MR. MILLER: Next speaker is Daniela Craciun. MS. CRACIUN: Craciun. MR. MILLER: And she'll be followed on Zoom by James Reichert. MS. CRACIUN: Yes. Good morning. I'm the president of Collier Fruit Growers. It's a non-profit organization here in Naples for the last 45 years, and we -- together with all the board, we decide to help Collier County and the kids in Collier County to build gardens. And we start to -- I start doing cooking classes. I'm a chef, a nutritionist, at my daughter's school. And when I say, "I would like to plant some trees to start," they say, "We are not allowed because of the law in Collier County." In Lee County, they have more than 50 gardens, and they harvest, just in 2023 and 2024, 7,500 pounds of food, of vegetables, who go in the cafeteria, and from there they -- the kids are eating healthy vegetables. Here in Collier County, it's not allowed, and I don't understand why. We start -- our vice president of the club start a garden in Everglades City, and it's helping kids mentally. Never in history of the United States, kids are -- they were not so sick like now. Like garden help to -- mental health, help kids reconnect with Mother Earth. They in the computer and in the iPad all the time. I don't think that is bad, but they need to balance a little bit nutrition outside, and the computer. Then we are collaborating with Ave Maria to put a food garden there, and with IFAS. I would like to see what we can do here in Collier County for our school to have a program like in the Lee County who already accomplish what they want in the last three years. That's it. Do you have any questions? March 26, 2024 Page 27 (No response.) MS. CRACIUN: Okay. Thank you. CHAIRMAN HALL: Thank you. MR. MILLER: Mr. Chair, your final registered speaker for Item 7 joins us on Zoom, James Reichert. Mr. Reichert, you're being prompted to unmute yourself, if you'll do that at this time. I see you're unmuted, Mr. Reichert. You have three minutes. MR. REICHERT: Hi, thank you. And I'd like to express my appreciation for all the members of the county government that work so hard to make Collier County better. I'm calling today because the Growth Management Plan Community Development department that I've been dealing with as an owner/builder in the process of trying to get inspections on my little, stupid kitchen remodel have been -- egregious, at least in my opinion. They have a customer service number, which is (239) 252-2400, and you call it, and you leave it a message, and they say they'll get back to you in eight hours, but I'm still waiting for months from four different phone calls for them to call me back. And I just want to bring this to your attention as, right now, I can't schedule any of my inspections or do anything that -- which is county requirements, and I'm trying to figure out how to wade through this process and get it resolved other than just going ahead and ignoring what the county has to say. That's all I've got. And thank you for your service. MR. MILLER: That was your final registered speaker for Item 7. CHAIRMAN HALL: County Manager. MR. MILLER: Oh, I'm sorry. I just -- I have someone on Zoom that was registered for a different item, which is now raising their hand as though they want to speak on this item. So with your March 26, 2024 Page 28 permission, Mr. Chair, I'd like to check this item out. Ms. Matthews, did you want to speak on public comment on general topics? MS. MATTHEWS: Hi. Yes. Thank you. Can you hear me? CHAIRMAN HALL: Yes, ma'am. Please go ahead. MS. MATTHEWS: Wonderful. Thank you. Good morning, everyone. I'm an active volunteer and the PTO president at Sabal Palm Elementary. It's located in Golden Gate's estate area. The school is a Leader In Me school. I want to share that very recently, we restarted the school garden beds, and both the students and the staff are not only embracing this activity, they are so eager to do more. And the students have been asking for a gardening club, cooking classes, increased hands-on gardening opportunities, and earth science-based experiments. Just in the short time of having the garden at Sabal Palm, I am seeing firsthand how the garden is so much more than growing plants. It is a laboratory on the campus that is incorporating nutrition, team work, sustainability, improves mental wellness, and embraces the core Collier County Public Schools curriculum standards. And most importantly, it's reconnecting the youth with the earth. My vision is to expand the availability of creating new gardens in Collier schools and communities. We would like your support to collaborate with county leadership to design an equitable and sustainable program model and continue to keep Collier County the most amazing place to live. Thank you. MR. MILLER: And that should conclude public comment. Thank you, sir. Item #9A March 26, 2024 Page 29 ORDINANCE 2024-14: AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CREATE THE GMA COMMERCIAL SUBDISTRICT WITHIN THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE AND INDOOR AIR-CONDITIONED MINI SELF-STORAGE USES OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE. THE SUBJECT PROPERTY, CONSISTING OF 9.84 PLUS/MINUS ACRES, IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST - MOTION TO APPROVE WITH CHANGES RELATED TO A DEED RESTRICTION BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – ADOPTED Item #9B ORDINANCE 2024-15: AN ORDINANCE REZONING PROPERTY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS GMA CPUD TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE AND INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE USES OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF AIR CONDITIONED MINI March 26, 2024 Page 30 AND SELF-STORAGE ON 9.84-PLUS ACRES OF PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD APPROXIMATELY 772 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPROVE WITH CHANGES RELATED TO A DEED RESTRICTION BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9, advertised public hearings. Item 9.A and 9.B are companion items. I will read them both in before we get started. Item 9.A is a recommendation to approve an ordinance amending the Collier County Growth Management Plan to create the GMA Commercial Subdistrict within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan to allow 125,000 square feet of gross floor area of commercial intermediate and indoor air-conditioned mini self-storage uses of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage. The subject property, consisting of 9.84 plus/minus acres, is located on the south side of Immokalee Road approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East. Its companion, Item 9.B, requires that commission members provide ex parte disclosure should a hearing be held on this item, and participants are required to be sworn in. This is a recommendation to approve an ordinance rezoning property to a Commercial Planned Unit Development zoning district for a project to be known as GMA CPUD to allow 125,000 square March 26, 2024 Page 31 feet of gross floor area of commercial intermediate and indoor air-conditioned mini and self-storage uses of which up to 80,000 square feet of gross floor area may consist of air conditioned mini and self-storage on 9.84-plus acres of property located south of Immokalee Road approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. Commissioners, ex parte, and then we'll be sworn in through the court reporter for all participants. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Yes, Chairman. I have -- for 9.B and 9.C [sic], I have meetings and e-mails. COMMISSIONER SAUNDERS: Mr. Chairman, I have the same for items 9.A and -- I mean, 9.B and 9.C. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And I do as well, meetings and calls on 9.A -- or 9.B and 9.C. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: 9.B and 9.C, I have meetings. CHAIRMAN HALL: And I, as well, have meetings and emails on both items. MS. PATTERSON: Commissioner, we're on 9.A and 9.B. CHAIRMAN HALL: 9.A and B. We all do on 9.B and 9.C. MS. PATTERSON: Okay. Well, we'll get C again when we get to C. All right. We need all participants that are -- to stand up and sworn in by the court reporter, please. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) March 26, 2024 Page 32 CHAIRMAN HALL: Mr. Mulhere. MR. MULHERE: Good morning. Thank you, Mr. Chairman. Here with me is Michael Saadeh, who's the applicant. He's standing behind me, or kneeling behind me. Norm Trebilcock is the transportation consultant. I noticed that Tim Hall is in the background. He's the environmental consultant. And Russ Weyer, who is not on here -- and I apologize to Russ -- but he did the market analysis. So the blue star there shows the location. You can see Randall Boulevard as well as Immokalee Road. This is a little more closeup perspective. You can see the canal on the east side and the three parcels that make up this application. And as the County Manager indicated, there are two companion items: A Small-Scale Growth Management Plan amendment and a companion rezone to a commercial Planned Unit Development. I just wanted to give you a little bit of background. A portion of this site, approximately three acres, which is right here, was the subject that was -- that's known as Pond 8. That is currently a drainage facility for Immokalee Road, county owned -- was in consideration for a parcel swap which was independently evaluated by Jacobs Engineering on behalf of the county, and it was determined that the swap of the Pond 8, site consisting of about three acres, with Tract 52, Unit 23 -- I'll show you that parcel in just a minute -- which consists of five acres, was very adequate and of benefit to Collier County. Tract 52, which is the parcel identified in purple here, is, again, a full two acres larger than the existing pond allowing for a wet detention facility, also immediately adjacent to the canal allows for an outfall to that canal. This aerial shows the proposed improvements. The canal here on the north side of Immokalee Road, the water goes under March 26, 2024 Page 33 Immokalee Road and will be designed to follow that yellow dashed line down to this new pond site, which provides a great deal more storage and also allows discharge directly to that pond site. That was approved by the Board -- at this point, I think it was two years ago. MR. SAADEH: November 2021. MR. MULHERE: November of 2021, thank you. This is just a copy of the Golden Gate Estates Rural Future Land Use Map. It shows the location of the subject property. This is the zoning map. As I indicated, the property is presently zoned E, Estates. This is the county's PUD map. It shows the adjacent PUDs, BCHD right here, the Randall Curve PUD right here, and Orange Blossom Ranch is up in here and Orangetree is -- of course, the settlement area is these four sections right here. This is the PUD master plan. We did work with the staff to locate two means of ingress and egress. That's a right-in, right-out, right-in, right-out, and that's sufficiently located to the west, both of them, in order to not interfere with the turn lane which will provide access to the approved Randall Boulevard, and I'll show you that in just a moment. We've located our preserves along the perimeter, providing additional buffering to the Estates lots to the south. The TIS indicates a total p.m. peak hour trip generation of -- I'm looking for here -- 173 trips. 389 -- I'm sorry, 389. Yeah, sorry, right here. That's why I marked it, so I wouldn't mess it up, and I messed it up. Staff recommendations for both the Small-Scale GMPA and CPUD are for approval. The Planning Commission met on February 1st, and a motion to approve failed by a vote of 3-2. There were only five members present at that meeting. March 26, 2024 Page 34 Probably the biggest issue discussed was the demonstration of need under the Florida Statutes to support a comprehensive Growth Management Plan amendment. These are the applicable sections of the Florida Statutes, Chapter 163. And I'll get into a few more specifics, but A is the amount of land required to accommodate growth, in this case for commercial use, were consistent with all of those measurements, and also to meet the projected permanent and seasonal population growth, the character of the undeveloped land, as it's located immediately on adjacent -- on Immokalee Road. We do have public facilities available. This does discourage urban sprawl. Golden Gate Estates is a -- generally has been a single-use, l-o-w density, very large -- at one point, purported to be the largest subdivision in the world. So by providing other opportunities for commercial activities, you are discouraging some of the negative impacts of sprawl, particularly causing the immediately surrounding area to get in their car and drive, you know, to the west or significantly further to the east. There are job creation benefits. And J is what I just discussed about the, you know, antiquated subdivision. This is a market analysis area shown in the circumference there, and you can see that this will serve a significant portion of Golden Gate Estates. Russ' analysis indicates that there is presently a supply of approximately 3,658,400 square feet and that the demand, through the horizon year of 2023, will be 3,834,211 square feet. So there is demand. And, furthermore, we are below the allocation ratio that the county establishes for these types of market studies in terms of demand. We're at .99 in the horizon year. March 26, 2024 Page 35 I wanted to show you this because I think it has bearing on this request. The county had done an improvement design several years ago now. And there was a first phase and then a second phase, and this is the first phase. And there's triple lefts here now in this first phase for folks heading down Randall and turning west on Immokalee Road. And as I had indicated to you, that our access points here were designed so as not to impact with a right turn lane for folks turning right onto Randall. You can see there will be a pretty -- some pretty significant improvements in the initial phase, Phase 1, to this intersection. Phase 2, it's not funded, and, you know, I don't really know when this will occur, but Phase 2 is actually a partial flyover, and you can see that right here. Traffic will -- from Randall will fly over Immokalee Road, and then you can see this decel or -- I guess, deceleration lane here to enter the travel lane on Immokalee Road, which in this design, significantly extends into where the subject property is, albeit on the other travel lane, the north -- the travel lane heading west. So we have a staff recommendation of approval, subject to the condition that an opaque wall or fence be installed along the southern perimeter of the PUD, 6-foot opaque wall or fence. We agreed to the condition except that we don't think a wall or fence needs to be required here because that's the county's drainage pond. So nobody will be impacted there. But we would agree to that condition as it extends across the majority of the parcels. With that, I'm open to answer any questions. I do want to introduce my client, Michael Saadeh, who would like to say a couple of words. MR. SAADEH: Good morning, Commissioners. My name is Michael Saadeh. I've been a full-time resident of Collier County for March 26, 2024 Page 36 38 years. And as most of you know, I've been involved with quality developments throughout that time. Just real brief about the context of the swap agreement, we met with staff and with the county when they were discussing the expansion of Immokalee Road, and the pond that you guys own, the drainage pond, was small and inadequate to accommodate the expansion. We had a parcel that -- the 5-acre parcel that was referenced earlier. We offered to swap that with the county parcel, and then your staff did a great job negotiating the improvements as well. So as part of the swap agreement, we had to -- once it's done, we'll do the improvements and -- the drainage improvements all the way to the new parcel, the five acres. It also will provide you with a discharge to the canal, which you don't have now. And the parcel you have right now is considered dry storage, and the one we will swap with you with the 5-acre parcel will be wet storage, which we have to excavate. So this is really a win-win for the county, for the citizens of Collier County, the taxpayers, for us. It's a good project for everyone. Very few people would consider those parcel frontage -- fronting Immokalee Road to be prime for residential, especially when the road gets expanded. Most of the traffic's going to be local traffic. It's going to be generated locally. There's not going to be anybody trying to go there to -- you know, to get a sandwich or something if that becomes the usage out there. So we appreciate your support, and ready to answer any questions you may have. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I do have a couple quick questions. March 26, 2024 Page 37 The swap, has that already been completed? Or is that -- MR. SAADEH: The swap agreement, Commissioner Saunders, was approved by the county board unanimously in November 2021. COMMISSIONER SAUNDERS: Right. But I guess the question is that swap is not conditioned on this approval? MR. SAADEH: No. COMMISSIONER SAUNDERS: The swap has occurred? MR. SAADEH: The swap has occurred, yes, correct. COMMISSIONER SAUNDERS: And then I was a little confused on the total square footage of commercial. It looks like the total square footage is 125,000 square feet -- MR. SAADEH: Yes, Commissioner. COMMISSIONER SAUNDERS: -- but I wasn't sure if there was an additional 80,000. MR. SAADEH: That's included in the -- COMMISSIONER SAUNDERS: That's included, okay. MR. SAADEH: The 80,000 is included in the 125. The total number is 125. COMMISSIONER SAUNDERS: And then what are -- I'm not sure if this is for you or for staff. But what are the potential commercial uses? MR. SAADEH: I'll let Bob address that. MR. MULHERE: Well, they're general convenience commercial, but I have the list of uses right here. So you have, you know, office uses and retail uses, childcare. COMMISSIONER SAUNDERS: I guess - I guess what I would ask, without going through that list, No. 28 says eating places. Would there be any potential for, like, fast food or something that generates a tremendous amount of traffic? Is there any potential for that, or what are you thinking? MR. MULHERE: Yes. Under that SIC code, 5812, fast food March 26, 2024 Page 38 is allowed. Obviously, it will depend on the market, you know. Bars are not -- free-standing bars are not allowed. We didn't include that use, but eating places are. COMMISSIONER SAUNDERS: Are there any other high-traffic-generating types of businesses? That looks like probably the only one that would have some potential for some -- MR. MULHERE: I agree. I think everything else is -- you know, with 125,000 square feet, you're not going to generate a great deal of neighborhood commercial traffic. And it will come from the surrounding area, I think. As was indicated, people aren't going to drive a long distance to get here from somewhere else. COMMISSIONER SAUNDERS: Would there be an issue with eliminating fast food? MR. SAADEH: Yes, Commissioner. Just for the record, I mean, if you had like a McDonald's, per se, the people that are going to stop at that McDonald's would be local traffic going home and coming back. It won't be someone driving from Naples to that McDonald's. We still maintain that this traffic's going to be local. COMMISSIONER SAUNDERS: All right. I was just kind of curious as to what some of the uses were. So thank you. MR. SAADEH: Thank you. CHAIRMAN HALL: Mr. Saadeh, I have a question for you. So in lieu of the land swap, what's the monetary value that was negotiated by staff for the improvements that benefit the county? MR. SAADEH: It's all -- we bear the whole expense of all of it. The county does not pay anything towards the improvements, doesn't pay anything towards the excavation of the pond, does pay anything that would solve it. You know, the county just will benefit from trading three acres of land for five acres of land, getting all the improvements, which are way north of a million dollars in terms of the cost -- March 26, 2024 Page 39 CHAIRMAN HALL: That's what I was asking. What was the value of the improvements that you're going to do for the stormwater? MR. SAADEH: Once we dig the pond, it's going to be substantially more than a million dollars. CHAIRMAN HALL: Great. Thank you. And are those improvements subject to this Growth Management Plan being approved? MR. MULHERE: I'm sorry. Mr. Chairman, they're subject to the swap, so that will have to occur. I'm sure the staff won't approve the SDP until those improvements are done, or they'll put a condition on this. CHAIRMAN HALL: I'm just trying to clarify for the public there. MR. SAADEH: The swap will not occur officially -- I mean, you agreed in principle to the swap, and you signed the agreement unanimously in November 2021. But the official swap will occur once all the improvements have taken place and all the things were done with the proper agencies and the permitting, et cetera, et cetera. And then once everything is finished and accepted, then -- and the county can verify that all these things are exactly what they need to be, then the official transfer of title, if you would, would take place between us and the county. CHAIRMAN HALL: Great. Thank you, sir. Troy. MR. MILLER: Yes, Mr. Chairman. We have two registered public speakers for this item. Brian McMahon. He'll be followed by Tom Henning. MR. McMAHON: Good morning. My name is Brian McMahon. I live about a block and a half away from where this project is going to be. March 26, 2024 Page 40 We have zoning rules. We have the Land Development Code, growth management. And the reason they have these is so people have an expectation of what's going to happen before they invest their money in property or, if they want to buy property, to enjoy a certain lifestyle. We're not talking about a little building here. This is a Home-Depot-sized building that you want to put on residential lots. People moved out to the Estates because they wanted to get away from that. They don't want to hear trucks backing up at two o'clock in the morning, "Beep, beep, beep." They don't want to hear car stereos. They don't want to hear car alarms. They want to have peace and quiet. That's it. The people whose houses are directly behind this, who's going to compensate them because the house value's going to drop into the toilet? Who's going to want to buy that house that 50 feet away is 125,000-square-foot building? Who makes them whole? Isn't -- this is what zoning laws are for. You know, it's just -- it would be one thing if it was a smaller building, but like I say, the size of this thing, I believe, was two stories, correct? Correct me. This is completely inappropriate for the area. I didn't move out there to have this thing, you know, around the corner from my house. Like you say, there's fast food, there's auto parts stores on that list. There's all kinds of things that are going to go into that building. It is not appropriate for Golden Gate Estates. What about the parcels that are next to it? There's 700 and, what, 70 feet between there and Wilson Boulevard? You're not going to be able to deny that commercial property after you gave these guys, so that whole corridor's going to be. Then the guy on the other side of Wilson Boulevard is going to go, "Hey, look at that. Why can't I develop my property commercial?" We've got to stop and look at Golden Gate Estates and stop just March 26, 2024 Page 41 thinking that this is the place where we're going to build whatever we want. It's starting to look like we're going to make this Houston, Texas, where you want to build it, you go right ahead, because you don't even need a permit. So I'm begging you guys, please, leave our neighborhood alone. There's a lot of frustration already out here, and I'm sure you've heard it. People are talking about making a city, because we're getting tired of it. This is a classic example here. This isn't a little doctor's office. Would you want 125,000-square-foot building in your neighborhood? If it was on Marco Island, people would be in here with pitchforks and torches, okay. Same with Pelican Bay. We've had enough. Please, turn this thing down. If he wants to come up with something a little bit more reasonable, it's worth talking about. But this is not appropriate for Golden Gate Estates. Thank you. MR. MILLER: Your next and final speaker on this item is Tom Henning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HENNING: I do. Commissioners, I've known Mr. Saadeh for decades. He's a man of his word. This is a true public benefit. When I was a commissioner, we would give impact fee credits for this swap and improvements. Now I see the Board, what they're doing is something different with -- Kalea Bay is one that stands out to me. But the improvements over there will actually mitigate some of the noise coming from Immokalee Road. You're going to have a ramp there. Those buildings will mitigate some of those noises. March 26, 2024 Page 42 You're going to have a controlled access -- if these were residential, you would have at least three separate accesses over there. So it's a benefit to the community. And when I was a commissioner, we encouraged commercial in Golden Gate Estates to serve the residents in Golden Gate Estates and the communities around there to shorten the trips. This is not a trip generator. It's an attractor, and it's not going to attract myself living in East Naples, Commissioner LoCastro's district, but it's going to attract those trips out there, which is a benefit not only to the community of Golden Gate, but a benefit to the community as a whole when you start doing proper land planning and placing uses that the people in the area's going to use. Thank you for your time, and I encourage you to approve this unanimously. Thank you. MR. MILLER: That was our final speaker. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I also have known Michael Saadeh for many, many years and, obviously, his entire team. So this is a very difficult one for me because I feel the pain of the folks in the neighborhood that are concerned about their quality of life. And I also understand that this is -- there's a public benefit here. But I think that the real issue is are we negatively impacting the neighborhood? And I haven't quite decided how I'm going to vote on this issue. I'm still going to listen to my colleagues here, but I have an issue with that. I know we've changed a lot of the Comp Plan as it applies to individual lots along Immokalee Road, and I hear the complaints from the community, and so I have some issues with this. And I'm looking forward to hearing from the -- from my colleagues on this. MR. SAADEH: Can I interject something, Commissioner March 26, 2024 Page 43 Saunders? The gentleman lives on the north side of the road. And it's interesting that the folks that live on the adjacent property, not one of them came into the community hearing -- community meeting or the Planning Commission or here today to show opposition to this project. The benefit to them is actually better than if it's not developed this way. If it's developed with single-family Estate homes, you wouldn't have any requirements to build any buffer or any wall or any type of, you know, noise barrier or anything else. You could just build a house, put the minimum amount of landscaping required, and done. We're giving them a humungous amount of buffer plus an opaque wall to the height of six feet or so. So that's a -- actually, it's an improvement for the immediate neighbors and interesting that nobody showed up and you only had one speaker telling you that he doesn't like this. And I don't even know when this gentleman moved to town. But this is Immokalee Road. This is not the heart of the Estates where you're in the middle of 50 lots. This is right on Immokalee Road, which -- as the town grew over the last 40 years, you know, the character of the neighborhood's changed. The character of everything changed. And there are services that would be required in that neighborhood because these areas are growing, as you know, with Ave town and all the other things. So there would be those -- the needs for these required services, and the immediate neighbors, not one of them came in and objected. That's relevant to say. COMMISSIONER SAUNDERS: Let me ask you a couple quick questions then. In terms of -- when was the application made for this -- this change in the Comp Plan? March 26, 2024 Page 44 MR. SAADEH: We've been in the works on this since November of 2021. We've had to go through the motions. We've had to go through Planning Commission. We have to go through the staff, the engineering, all that work. COMMISSIONER SAUNDERS: I understand. The reason that I asked that question is I had asked the Board to impose a moratorium on these comprehensive land-use changes on this segment of road, actually, on most of Immokalee Road from I-75 eastward, but I made it clear that I wasn't looking to impact existing applications. MR. SAADEH: This is two years before that. COMMISSIONER SAUNDERS: I understand, Mr. Saadeh. And so I became very concerned about this, but also recognizing that this was a pre-application long before I had made that recommendation. And then, I would ask staff, has there been any communication from the residents on that -- I guess that's the south side of Immokalee Road where this project is? MR. BOSI: Mike Bosi, Planning and Zoning director. Staff has not received any comments. COMMISSIONER SAUNDERS: And I assume that the neighbors would have been notified? MR. BOSI: Most definitely. COMMISSIONER SAUNDERS: Would they have been notified about this hearing today? MR. BOSI: Yes. Yes, sir. COMMISSIONER SAUNDERS: And you've gotten nothing? MR. BOSI: Nothing. COMMISSIONER SAUNDERS: All right. Well, that answers my questions. I can support this. It's still consistent with what I had asked -- asked the Board to consider some time ago in March 26, 2024 Page 45 terms of future applications. And so I think your explanation certainly gets me over the hump. I certainly would hope that there -- if there's fast food there or something that generates a lot of traffic, that our traffic folks take that into consideration in any kind of approvals in terms of impacts on that roadway -- MR. SAADEH: Thank you. COMMISSIONER SAUNDERS: -- but thank you. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Can we hear from staff? I'd like to hear from staff, and then I have a couple of comments that I'd like to make. MR. BOSI: Mike Bosi, Planning and Zoning director. As Mr. Mulhere indicated within his presentation, staff is making a recommendation of support for both the GMP and the PUD. The Planning Commission felt that it did not meet the "needs analysis" requirements for a Growth Management Plan. And where staff's perspective was that it was a public benefit that was also being provided for, and one of the -- related to the stormwater pond and the access to the canal. The other point -- and it was highlighted -- was if this was to be developed as three individual Estates lots, those would be three individual driveway curb cuts onto Immokalee Road, and that's not the type of -- that's not the type of arrangement that would promote a better traffic flow for this individual area. For all those reasons -- and staff is of -- supporting of having the opaque fence or wall ending prior to the stormwater pond. COMMISSIONER SAUNDERS: I would think it would have to be a wall. We were talking about noise reduction. MR. BOSI: Yes. COMMISSIONER SAUNDERS: And an opaque fence won't March 26, 2024 Page 46 provide much of that. CHAIRMAN HALL: Comments, Mr. -- Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well, I do. You know, I think probably -- and we've talked about this as far as -- as far as -- and I'll bring it up again at the end of this -- at the end of our meeting here today. But it's past time for us to review the Golden Gate Master Plan. And we've already got a committee convened, the East of 951 Horizon Study 2.0 that's out there that we may be able to bequeath that task to and have a review of the Golden Gate, especially specifically the rural segment of the Golden Gate Master Plan. There are a lot of intersections, there are a lot of properties that really should be reviewed to decide what should be put on those pieces of property as opposed to the -- as opposed to the spot zoning that sometimes happens as we go forward. We haven't reviewed the Golden Gate Master Plan for -- I think we adopted the last one in '19. 2019 was the last time that we did that. So my main concern was two-fold. No. 1, do we have sufficient right-of-way for the expansion and improvements to the intersection of Immokalee and Randall Boulevard? MR. BOSI: And Ms. Scott could speak to that more intelligently, but just from my conversations with her, she has indicated that we do have all of the necessary right-of-way. COMMISSIONER McDANIEL: Okay. Is that correct, Ms. Scott? I got two thumbs up on that. My main concern -- and I'd like to ask this, and maybe the applicant as well. If a rezone is consummated here, would you give consideration to prohibitive language within the PUD to allow conversion from commercial to high-density residential? March 26, 2024 Page 47 MR. SAADEH: Yeah. We have no objection to that. If you're referring to Live Local, Commissioner, this predates that by a few years. So we have no intention of doing residential. COMMISSIONER McDANIEL: I understand. You've shared that with me that you have no intention of it, but someday you might not be here. Somebody would buy this piece of property and -- MR. SAADEH: I hope to be here for a while. COMMISSIONER McDANIEL: Yeah. Well, we hope you're here for a long time, sir, but I just -- I would like -- I would like to have -- MR. SAADEH: No objection. COMMISSIONER McDANIEL: I would like to have that language inserted into the PUD -- MR. SAADEH: I have no objection to that. COMMISSIONER McDANIEL: -- just to prohibit that. COMMISSIONER SAUNDERS: Mr. Chairman, could I get a little clarification? I'm not -- Commissioner McDaniel, you're looking for a prohibition. Is that what -- COMMISSIONER McDANIEL: Correct, prohibitive language. COMMISSIONER SAUNDERS: And I'm wondering if that would have to be more of a deed restriction as opposed to a PUD item. COMMISSIONER McDANIEL: Either way, however it can be accomplished, whether it be a deed restriction -- COMMISSIONER SAUNDERS: A deed restriction's hard to change. A PUD is relatively easy to change. MR. TEACH: Commissioners, I'm going to ask Heidi Ashton to come up here. She provides counsel to the Planning Commission and has a couple decades of experience with growth management to address how we could accomplish what you're addressing right now. March 26, 2024 Page 48 MS. ASHTON-CICKO: Good morning. I'm Heidi Ashton, Managing Assistant County Attorney, Horseshoe office. There are two options. You could do a deed restriction in favor of the county, but I think that you would probably want something to allow the Board to make a change in the future because 30, 50 years down the road, there might be different needs in that area, or you could put a prohibition in the PUD. I think either way would really work. I just would like clarification on what you mean by "high-density residential." CHAIRMAN HALL: Do you want to answer the high-density question? COMMISSIONER McDANIEL: Well, the high density would be comparative -- comparative use for the conversion that's by right for the Live Local Act. And so -- and if -- we can do both. I'd be happy with both. I want -- I would like to have as much prohibition on the conversion to high density as is possible. So if we can -- and if Commissioner Saunders agrees -- I originally suggested a deed restriction, because that's more prohibitive and considerably harder to overturn. But someone -- in my discussions -- I think we discussed yesterday about language specifically in the PUD. So either way is fine. COMMISSIONER SAUNDERS: Well, let me throw something out. This is a question for the County Attorney. We can pass an ordinance that says X, which is what the PUD would be, just a simple ordinance. But the Live Local Act, I think, trumps our ordinances and our land use and our zoning. So my gut feeling is we can say in the PUD you can't do X, but that's not going to prohibit someone from complying with Live Local. That trumps -- COMMISSIONER McDANIEL: I just used that as an example. COMMISSIONER SAUNDERS: Oh, no. It's a good March 26, 2024 Page 49 example. But I'm saying -- that's why I was thinking a deed restriction, because I agree, I wouldn't want to see 350 units -- apartment units there. COMMISSIONER McDANIEL: Right. So deed restriction's fine. And if the applicant will sit still for a deed restriction in that regard, then -- and do we have to have specific density or language with regard to high density? MS. ASHTON-CICKO: I can work that out with the applicant as to the number. But I guess you're probably looking at 16 units an acre or over, which is the conversion that's allowed, I believe, in the GMP currently. COMMISSIONER McDANIEL: If we can keep away from a specific trigger that would allow the conversion at all just not to be converted to high-density residential -- if they wanted to tear down the buildings and build three houses and that was conducive, that's something that could be given consideration to. I'm just talking about apartments. MS. ASHTON-CICKO: Oh, apartment rental? COMMISSIONER McDANIEL: Yes. MS. ASHTON-CICKO: Okay. Also, it might give you some comfort that the legislature did make a change to the Live Local Act, and that will be effective, unless the Governor signs it earlier, about May 8th. And the new regulations do tie the eligibility of Live Local to our land development regulations. So that would provide some further limitation. But there is a window where -- COMMISSIONER McDANIEL: There is a window. MS. ASHTON-CICKO: -- developers can elect to use the old rules. COMMISSIONER McDANIEL: And I'm okay with -- I don't want it to be ambiguous, but the applicant's okay with the language of a deed restriction and high density and that prohibition. I'd be March 26, 2024 Page 50 satisfied with that. MR. MULHERE: May I? COMMISSIONER McDANIEL: Sure. MR. MULHERE: I'd be happy to work with Heidi. I think it's something along the lines of residential density above that allowed by the current Estates zoning. Three units is prohibited, and the applicant shall establish a deed restriction in favor of Collier County with this limitation. COMMISSIONER SAUNDERS: That would be perfect. MS. ASHTON-CICKO: And you would want a timing, 30 days of ordinance approval, or what timing would work? MR. MULHERE: How much do you think you need? You've got to get your attorney to do that. MR. SAADEH: Yeah. I mean, whatever practical. I mean, we still have to go do the site improvement work. That's going to be a few months to just run the pipes and dig the pond and all that. So we have time before the swap is official, so... MR. MULHERE: I would just say maybe a little more time, maybe 90 days. MS. ASHTON-CICKO: Ninety days, okay. COMMISSIONER McDANIEL: That's fine. MS. ASHTON-CICKO: We'll put that in. COMMISSIONER McDANIEL: I'm fine with that. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Well, it kind of answered some of my questions with that, Commissioner McDaniel. The other one was I was just trying to do the math, what was left. I knew the 125,000, 80 of that is part of that large number, 125. MR. SAADEH: If it's not, if it may not happen. COMMISSIONER KOWAL: No, I know. I'm just saying, so what is left outside of that particular part that is still developable, I March 26, 2024 Page 51 guess, for these other items, these 30, 40 items that we saw in front of us? MR. MULHERE: Let me just get something that's a little -- so looking at the PUD here, if there was a market for self-storage and you consumed the 80,000 square feet, we probably would locate that somewhere in the -- in the rear of the property, because the exposure to Immokalee Road, the visibility, would lend itself towards other uses. That would create a buffer to the residential because it's very low traffic, no noise, no light, no odors, and then anything else that might go in would likely be along the frontage. COMMISSIONER KOWAL: Frontage, okay. MR. MULHERE: And, you know, it's up to an additional 45,000 square feet of neighborhood commercial-type uses. COMMISSIONER KOWAL: Thank you. CHAIRMAN HALL: Commissioner Saunders, go ahead. COMMISSIONER SAUNDERS: Mr. Mulhere -- MR. MULHERE: Yes. COMMISSIONER SAUNDERS: -- I just noticed that there's another -- there's a third access point. MR. MULHERE: That is in the future. And I think that was -- I'm assuming that was requested by staff, but that is a -- MR. SAADEH: It was. MR. MULHERE: That is a potential connection -- it says "potential future interconnection" -- depending on what happens on the adjacent parcel. COMMISSIONER SAUNDERS: Okay. What roadway is that? MR. MULHERE: There's no roadway there. That's another. Here, let me get to my very bad exhibit of where the wall would go, because I do need to mention that the wall would stop here since this is the parcel where the connection is. So I overextended the wall March 26, 2024 Page 52 inadvertently. But here's where that connection is, Commissioner Saunders, and then further to the west is Wilson. So just -- and let me get to something that can show a little bit more. Here's Wilson, and we're talking right here and this parcel right here. COMMISSIONER SAUNDERS: And that's a residential parcel? MR. MULHERE: It is. It's Golden Gate Estates zoned. COMMISSIONER SAUNDERS: So the expectation for having that is that would become commercial as well so there would be commercials between the two -- MR. MULHERE: In the event -- I think staff wanted it, in the event it did go commercial, to have an interconnection, which would be of a beneficial traffic design. COMMISSIONER SAUNDERS: Well, that's part of the concern. MR. MULHERE: We don't know what somebody else might do. COMMISSIONER SAUNDERS: No, I understand, but that's part of my concern that I've had is -- and the speaker that was opposed to this said this. You approve this here, and then the next lot becomes commercial as well, and you've got on your diagram a connection that anticipates that, and that concerns me. MS. SCOTT: If I may, Trinity Scott, Transportation Management Services Department head. Sir, we asked for this because this is your only opportunity to have this as a potential interconnection. So that parcel adjacent could get redeveloped -- or it could be developed in the future. I don't know what it would be. But even if it's a residential home, they may want to partake in what is occurring, whether it's a restaurant or whatever, and they would also have that -- be able to have that interconnection where they could go. They could gate it in March 26, 2024 Page 53 the future and be able to come back and never have to get on Immokalee Road so -- depending on how it may develop. We're not forcing the interconnection today, but this is your only opportunity to have an interconnection on this parcel. COMMISSIONER SAUNDERS: I'm not so sure I would agree with that. MS. SCOTT: They would have to come back for an PUD amendment in the future which, I can tell you from my experience here, is very difficult to say -- if this parcel was completely built out, I have no hammer to require someone to come back in to amend that PUD. So we put this as a potential. If the adjacent land use is not compatible in the future, we would not exercise that. But not knowing what the future is -- holds, we try to do that -- Immokalee Road is one of our most important roadways being able to have interconnections. Minimizing driveway cuts is very important to us to maintain the capacity of that roadway. COMMISSIONER SAUNDERS: All right. CHAIRMAN HALL: And I understand that, but it doesn't just -- it doesn't guarantee commercial crawl. It's just a big "what if." MS. SCOTT: If does not. It just allows you to have a seat at the table should something occur at that adjacent parcel. CHAIRMAN HALL: Thanks, Ms. Scott. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And just this one point, as far as the traffic generation goes, Commissioner Saunders, you mentioned that earlier on. I actually -- I perceive this as more of a collector for local traffic and services for the -- for the immediate community as opposed to a drawer, a draw of traffic, so... CHAIRMAN HALL: Do you want to make a motion? COMMISSIONER McDANIEL: And with that -- as long as March 26, 2024 Page 54 we're okay, County Attorney, with the language on the deed restriction/PUD, I'll make a motion for approval with that -- with that adjustment. COMMISSIONER KOWAL: I'll second it. CHAIRMAN HALL: All right. We've got a motion by Commissioner McDaniel, second by Commissioner LoCastro. All in favor, with the adjusted language, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Motion passes. MR. SAADEH: Thank you, gentlemen. Have a good day. CHAIRMAN HALL: Court reporter break. MS. PATTERSON: Yes, sir, court reporter break. CHAIRMAN HALL: Good. It's 10:37. Let's come back at 10:45. (A brief recess was had from 10:37 a.m. to 10:45 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. That brings us to? Item #9C ORDINANCE 2024-16: A REZONING ORDINANCE FOR GENESIS CPUD TO ALLOW UP TO 65,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES ON 10.51± ACRES OF PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD March 26, 2024 Page 55 AND I-75, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20220004304) (DISTRICT 2) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: That brings us to Item 9.C. This item requires that commission members provide ex parte disclosure, and all participants are required to be sworn in. This is a recommendation to approve a rezoning ordinance for Genesis CPUD to allow up to 65,000 square feet of gross floor area of commercial uses on 10.51 plus/minus acres of property located in the northwest quadrant of the intersection of Pine Ridge Road and I-75 in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Commissioners, start with ex parte. CHAIRMAN HALL: I have meetings and e-mails on 9.C. Commissioner Kowal. COMMISSIONER KOWAL: I'll try this again. 9.C, I have meetings and e-mails. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I have e-mails on 9.C. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: So we're finally on 9.C? CHAIRMAN HALL: Yes. MS. PATTERSON: Yes. COMMISSIONER SAUNDERS: I've got some e-mails and meetings. CHAIRMAN HALL: E-mails and meetings. And Commissioner McDaniel. COMMISSIONER McDANIEL: And then I have as well, 9.C, March 26, 2024 Page 56 meetings. MS. PATTERSON: All right. We need all participants to stand up and sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) COMMISSIONER McDANIEL: I want the record to reflect that Garrett put his hand over his heart; didn't raise his hand. CHAIRMAN HALL: He was pledging. COMMISSIONER KOWAL: Pledge of allegiance to the swearing. MS. PATTERSON: Mr. Yovanovich. MR. YOVANOVICH: Thank you. For the record, Rich Yovanovich on behalf of the applicant. Commissioner LoCastro, just to have you update your disclosures, you and I did -- COMMISSIONER LoCASTRO: Yeah, as you walked up to the podium, I was like "Yeah, we did speak yesterday." So I actually had one meeting on 9.C, brief. MR. YOVANOVICH: This project, as in your packet and as we met one-on-one, is for a car dealership on property within an activity center. We would have been on the summary agenda because there was no neighborhood opposition. Staff was recommending approval, and we had a unanimous approval from the -- recommendation of approval from the Planning Commission. You did receive a letter of objection from Mr. Beyrent, who is opposed to an access agreement that was entered into by all of the property owners which would allow this parcel to construct a frontage road across this parcel and then ultimately connect up to Kramer Drive. My client also owns this parcel. The only parcel he March 26, 2024 Page 57 doesn't own is this one in the middle. There is a settlement agreement and a cross-access agreement signed by the property that Mr. Beyrent is claiming he has an ownership interest in and is now opposed to the project. I could go into a much greater detailed presentation; however, since we would have been on the summary agenda, if the Board prefers, we can just have Mr. Beyrent come up and raise whatever issues he wants to raise, and I can discuss those issues, or I can do a full presentation. It's at the pleasure of the Planning Commission -- I mean, the Board of County Commissioners. CHAIRMAN HALL: Let's hear the objection. MR. MILLER: Mr. Beyrent, yeah, do you want to come up? MR. BEYRENT: For the record, right now, that isn't the process, okay. I want -- MR. MILLER: You need to come on microphone, sir. MR. BEYRENT: For the record, Garrett F.X. Beyrent, okay. I own the property adjacent to Mr. Zeller, okay. That property is one of six tracts that I filed criminal charges against my own in-laws for something they did many years ago, and until the death of my brother-in-law, when I was handed Zeller's package two weeks ago, which I gave to the County Manager -- and if you look at Page 35, that's when I realized they were chopping more and more off of my little piece of property. And I only had five acres. And like an idiot, I admitted that I did an idiotic thing. I actually talked to Kathleen Passidomo about using my property under her new "live where you work" concept whereby that 5-acre tract would have two six-story buildings on it. The problem is -- and I'm looking right at Burt Saunders because years ago when Burt was a state representative, he had problems with all of these easements out in Golden Gate Estates, and using his left or right hand, he magically vacated all the easements through a March 26, 2024 Page 58 process that Jeff Klatzkow told me was not actually legal. So I said, I've got peripheral -- I know it's a long time ago, Burt. And if I got to do the actual presentation I did on this in 1987 -- I brought in Dudley Goodlette, everybody -- four of the five commissioners were indicted for bribery. Do you remember that? Only one commissioner was not taking bribes, okay? COMMISSIONER SAUNDERS: Just for the record, I was not on the Commission when they were indicted for bribery. MR. BEYRENT: I know. That's why I said you weren't -- COMMISSIONER SAUNDERS: So just -- MR. BEYRENT: No, no, no, he wasn't. It gets -- three minutes. How can you explain -- 1987, it was so ridiculous that I got -- when -- Dudley Goodlette was my attorney and Hess was my end-user for a gas station, I got up right there and got on my knees and begged for my gas station, because Bob Hard told me, "Hey, if you want to do this, you're going to have to take care of those guys." I said, "Well, how about if I just beg?" And he walked out the door, and they gave him a gas station -- actually, they gave him several gas stations on Immokalee Road on his property, so -- and God bless the man. I'm sure he's in heaven in Australia somewhere. But in any case, getting back to the Zeller thing, if you look at the Page 35 that I gave to the County Manager, it will show that I've already had a big chunk taken out of my property by proposed off-ramp needs of the county. And I was enlightened even more when I just met -- right here. I've got a plan. If I had this thing lit up, it might save a lot of trouble. But I was never notified legally of any of this stuff. But this plan shows I-75, okay. This is what they call a plan for a diverging diamond design. I had never heard of this. This is a plan that was used in Sarasota where they have two more roads creating a diamond March 26, 2024 Page 59 right across the interstate. And I'll show it to you when they get up and do it. I want to see what their presentation is so I can not object to his plan. There's problems that have to do with traffic. And I'm just as guilty. Actually, I am more guilty than anybody else relative to condominiums and cars. Twenty-six thousand cars are on the road outside of this building because of projects that I proposed and developed on different family levels, so that's it. Now, I'd like to hear what Mr. Zeller's attorney, who is not my attorney now, but periodically he pops in and out of representing different people on the same or similar projects. It gets very confusing, you know, when you don't know who is suing you, okay. That's it. That's the whole nine yards. Any questions? CHAIRMAN HALL: No thanks. Mr. Yovanovich, could you just explain to us where the access is? MR. YOVANOVICH: Sure. I think what Mr. Beyrent was talking about, in the old Golden Gate Estate days, they had bisecting and perimeter easements, which is where this arrow is. This would be the bisecting easement that would have brought traffic across all of these parcels, connect with Kramer, and then, ultimately, get you to the traffic signal. What we have is we have a cross-access easement across -- this would be Mr. Beyrent's parcel, here's the easement we agreed to, and this is the parcel, I'm sorry, that my client also owns, and then ultimately to connect to the existing Kramer Drive to get to Pine Ridge Road. That's -- the purpose of the settlement agreement was to eliminate this bisecting easement on the parcel that Mr. Beyrent's claiming he somehow has an ownership interest. All I know is the owner of this parcel signed a cross-access March 26, 2024 Page 60 easement for access to be moved to the south of the property, and then the south of this property so that you have probably a better development pad under the scenario for Mr. Beyrent's family's parcel, or whoever owns that parcel. MR. BEYRENT: Oh, okay. Whoever owns the parcel. I love that when he doesn't tell you who signed a document on my property. I would like to know that, because I have no idea. MR. YOVANOVICH: I will -- I will tell you who signed the document -- MR. BEYRENT: Okay, good. MR. YOVANOVICH: -- because I have it right here. Okay. Give me two seconds to wake up my iPad. CHAIRMAN HALL: While he's looking, Commissioner McDaniel. COMMISSIONER McDANIEL: Well, that was going to be my question is to who effectuated the document in the first place. Is there a -- is there -- and maybe it's a question of staff. Is there a valid cross-easement agreement in place? MR. YOVANOVICH: The answer is yes, there is. I provided it to staff. It was signed by Teryl H. -- MR. BEYRENT: Teryl H., that's my ex-wife. We own the property -- MR. YOVANOVICH: -- Brzeski -- MR. BEYRENT: -- together, okay? MR. YOVANOVICH: -- as trustee of the land trust that owns the property. So, yes, and it's been provided to county staff. MR. BEYRENT: See, there it is, that old law. It's a trust whereby, in my divorce, we got the property 50/50, okay. Now, whatever she was signing to, I don't even know because I'm never informed of anything. And the blueprints I got that were handed to me that I gave to Amy, this 35 pages -- when my daughter handed me March 26, 2024 Page 61 the blueprint, she said, "Sam is dead." Now, Sam was also her parrot. I said, "Your parrot's dead?" "No, your brother-in-law's dead." That's -- Samuel Hubschman died two weeks ago. It wasn't in the newspaper. He was the president of our company, and I sued him two weeks before, basically, under the new criminal fraud relative to trust manipulations. They would sell properties when they needed it to put -- like in your giant cement problem at the corner of Santa Barbara and Davis Boulevard, which next week I'm filing a suit against my brother-in-law for $32 million that was misappropriated from other PUDs. I had six of them altogether that I created. So this is -- what we're walking into is a shit storm of, like, easements. And the biggest problem -- I'm telling you something -- is the traffic, okay. And when you think you can build something, if you don't build it -- I got this approved in 1987. I've been battling with all the neighbors who are figuring, "Hey, give me a million dollars. I'll let you go through the middle of what is legally or not an easement." But in any case, this is -- this is -- the whole idea of this diverging triangle -- and I'm looking at it. I'd love to put it on the scope, because when Mike Bosi says, "This is what it looks like" -- and, basically, Jaime Cook said exactly the same thing. They drew a line across Pine Ridge Road across the ramps of both the north- and southbound I-75 and came back out again. I'm looking at it. I said, "Wow, it looks like spaghetti." But it's not -- I don't know if it's elevated. I don't believe it is. But I'd really like to see an explanation of what is the plan, the long-range plan that's going to occur there relative to I-75. They've already taken about -- somewhere around $3 million worth of my property just in additional off-ramp designs. But it's March 26, 2024 Page 62 now askewed by the fact that my property's going to be in litigation for I have no idea how long. I just started this thing under the new law where it actually is a criminal offense for you to manipulate a trust for your own financial benefit even if it's long-range. And right now, as of this today, I learned that all the cement that's been crunched up on Santa Barbara and Davis that my ex-brother-in-law is attempting to charge it to the dead Bobby Cadenhead sons -- they were supposed to be paying for all that crunching up that Burt wanted, which was a great idea. And most of that cement out there is just old buildings from downtown Naples or stuff that was illegally hauled out of Bonita, our mine in Bonita. Thank you. CHAIRMAN HALL: Mr. Beyrent. MR. BEYRENT: Yes. CHAIRMAN HALL: We're trying to focus here on this Genesis -- MR. BEYRENT: That's a great idea. Go right ahead. I'll just sit there, and I'll get up and speak wherever you're all done showing me what I already know, okay? CHAIRMAN HALL: Commissioner McDaniel. MR. BEYRENT: Thank you. COMMISSIONER McDANIEL: Well, I had a question for Garrett. MR. BEYRENT: Thank you. COMMISSIONER McDANIEL: Look at the map that's up there on the wall. You understand that this cross-access easement is not the old easement that Commissioner Saunders waived both hands and made go away a long time ago? MR. BEYRENT: That little -- COMMISSIONER McDANIEL: But you know that that easement, that -- March 26, 2024 Page 63 MR. BEYRENT: That arrow is. COMMISSIONER McDANIEL: Garrett? MR. MILLER: Garrett? Garret? We can only have one talking at a time. MR. BEYRENT: Oh, I'm sorry. Sorry, Terri. COMMISSIONER McDANIEL: Look at me. Garrett? Garrett? MR. BEYRENT: Yes. COMMISSIONER McDANIEL: Right here. Okay. MR. BEYRENT: Gotcha. COMMISSIONER McDANIEL: The easement that goes across whoever -- whether you own it or the trust or whoever owns it, that easement's not being utilized, and there is -- who changed the screen? MR. YOVANOVICH: I'm sorry. I was going to show you the actual master plan to show you it's gone. COMMISSIONER McDANIEL: I was making a point -- MR. YOVANOVICH: I'll go back. Sorry. COMMISSIONER McDANIEL: Thank you. Right there -- that the original easements that bisected all of the Golden Gate Estates lots, Garrett, went away a long time ago. MR. BEYRENT: Well, you might want to talk to Jeff Klatzkow about that because -- COMMISSIONER McDANIEL: I have. And somebody has -- someone has executed a valid cross-access agreement where it's -- where the arrow shows proposed access now. And my understanding is the improvements for the diverging diamond at Pine Ridge Road will not require any additional right-of-way from these -- from these pieces, so -- MR. BEYRENT: That would great, but that isn't what I'm hearing. That's one of possible proposals. There's supposed to be March 26, 2024 Page 64 another three northbound lanes at Pine Ridge Road heading north on Pine Ridge Road. So I don't know where they're going to get the stuff from other than they've been taking chunks out of me. They've already taken and not built anything on the first two takings, which you will see on the bigger blueprint that Mr. Yovanovich has got there. COMMISSIONER McDANIEL: We're done. We're done with that. MR. BEYRENT: Okay. CHAIRMAN HALL: Pine Ridge can only go east and west. COMMISSIONER McDANIEL: Correct. MR. BEYRENT: Correct. Till you see those two spaghetti things. I'll show you when I get over to the other side, the dark side. Wooo. MR. YOVANOVICH: I don't really know if I'm supposed to talk yet or not. CHAIRMAN HALL: Go ahead. Go ahead, Mr. Yovanovich. COMMISSIONER KOWAL: We're going to talk about this slide there. MR. YOVANOVICH: Okay. This is -- this is the actual PUD master plan that shows you that the access is along the southern perimeter of the boundary. The litigation that was settled was actually litigation over our using the bisecting easement so -- because we had no other way to go until we entered into this settlement agreement. So it's been settled. Okay. Is that the one that -- the new easement? MS. ASHTON-CICKO: Yeah. MR. YOVANOVICH: Heidi just pointed out to me, although I probably still can't read it, the easement is recorded in OR Book 6333, Page 3491, of the Official Records. The settlement cross-access easement is in place. March 26, 2024 Page 65 MR. BEYRENT: What was the date on it? MR. YOVANOVICH: It was actually executed by Ms. Brzeski on February 12th, 2024. MR. BEYRENT: All right. See that? Just a few months ago, right? That's what I -- people do stuff, and I don't look at what's recorded because I don't get any mail relative to my own properties. My trustees are my biggest enemy. That's true. I mean, it's sad but true. CHAIRMAN HALL: The way I look at that, that's going to be a civil matter between you -- MR. BEYRENT: Yes, thank you. It is, yes. MR. YOVANOVICH: So with that, we're requesting that the Board of County Commissioners approve our requested rezone of the property consistent with staff's recommendation of approval and the Planning Commission's recommendation of approval. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. And, actually, I was going to comment that we can't really ferret out these legal issues. That's for a higher authority to deal with. And I know Mr. Beyrent is utilizing the courts. But I just wanted to make sure -- and maybe Trinity can just -- you don't need to come up here. Just -- maybe if you'll just let me know by saying -- you know, raising your hand that in terms of the diverging diamond, all that intersection improvement that's going to be going there, you have enough room, and this doesn't really interfere with all of that. MS. SCOTT: (Nods head.) COMMISSIONER SAUNDERS: Okay. So I just wanted to make sure that that was clear. And, Mr. Beyrent, you're in court, so I think that's where you're going to have to ferret these issues. March 26, 2024 Page 66 MR. BEYRENT: Well, I actually wanted to see what a divergent diamond looks like, and Trinity's crew told me -- Mike Bosi said, "You've got to go up to Sarasota." There's one, and that's the only one they're familiar with where it has a -- COMMISSIONER SAUNDERS: They're building one in Fort Myers. MR. BEYRENT: -- diverging diamond design. I had never even heard of these. I'm used to them taking the front of mine, because there's more people coming off the interstate right there that are coming onto Pine Ridge Road off on the interstate. And as we know, they're coming down, and that's the road they get off of. Usually it was Immokalee Road, which got a lot of the expansion there. But now it's just -- they're cutting little pieces off us as they -- as they improve or add more traffic problems to Collier County. That's basically it. CHAIRMAN HALL: Mr. Beyrent, I can suggest Google Maps will be a friend to you. MR. BEYRENT: No, I already did that. I never heard of this -- I wasn't looking for something I didn't know. Google's great, but when you don't know what -- a divergent design plan, I'm saying, "What is that?" It's like it to get off the interstate or get on the interstate? And why does it -- the plan I'll show you -- and if I light it up over there, that was just given to me -- I always go to Mike Bosi because Mike knows stuff that nobody else knows. He's got -- he's very well educated in everything, specifically related now to this divergent design plan, and he actually -- Jaime Cook drew a little plan. I want to show it to you, because I'm there like, "Wow, how did they do that without elevating one of the lanes?" So we'll -- when I get up to complain later -- when I go sit down and I come up as the process goes, they show the plan, and then we get up and object, when we see something -- like I didn't know the March 26, 2024 Page 67 building was as big as a Walmart. I said, "Whoa. That's a little piece of land for a Walmart." And then the people on the north end, that's Livingston Woods Lane. I thought, man, they would be here complaining about everything like normally people do, right? I've been spending my life like that. But in any case, I'll go sit down, and when I get up, I'll show you this plan that was drawn about an hour ago. Thank you. COMMISSIONER McDANIEL: There's no more getting up. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm going to make a motion for approval. CHAIRMAN HALL: I'm going to second it. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) MR. YOVANOVICH: Thank you. MR. BEYRENT: Thank you. Item #9D ORDINANCE 2024-17: AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM. (ALL DISTRICTS) - MOTION TO INCORPORATE THE LANGUAGE THAT AMENDS SECTION 4 BY COMMISSIONER SAUNDERS; March 26, 2024 Page 68 SECONDED BY COMMISSIONER MCDANIEL – APPROVED ; MOTION TO INCORPORATE THE LANGUAGE PRESENTED THAT AMENDS SECTION 6 BY COMMISSIONER SAUNDERS; MOTION FAILED FOR LACK OF A SECOND; MOTION TO INCORPORATE SECTION 6 UPDATED LANGUAGE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED ; MOTION TO APPROVED ORDINANCE AS AMENDED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9.D. This is a recommendation to adopt an ordinance amending Ordinance No. 2002-63, which established the Conservation Collier program. Mr. Jamie French, your department head from Community Development/Growth Management, will begin the presentation. MR. FRENCH: Good morning, Commissioners. For the record, I'm Jamie French. Commissioners, this item is being brought back to you by your direction with all of the changes that have been provided. They've been provided to you in your packages. I know you've received some additional e-mails. Commissioner Kowal, one of the things that you had asked us to do was perhaps better define our waiting criteria because we were so crunched on time with the resolution -- I'm sorry -- with the ordinance to meet that advertising deadline that was directed by the Board. We'll be bringing that back to you by resolution. Currently, there is a current staff process, but the waiting -- we're going to try to simplify the waiting so that -- where it's maybe an A-, B-, C-, or D-type waiting so then the Board can actually reflect that. March 26, 2024 Page 69 And we're available for any questions. Ms. Cook is here. I think Mr. Finn is also here to talk about any of the budget criteria that you may have. CHAIRMAN HALL: So there's no other changes other than what we talked about the other day? MR. FRENCH: It's exactly what you -- what you asked for. CHAIRMAN HALL: I'll make a motion to approve. COMMISSIONER McDANIEL: Well, we've got public comment. CHAIRMAN HALL: Okay. MR. MILLER: Sorry, sir. I was late on the button. We have three registered speakers for this item. Your first speaker is Brad Cornell. He will be followed by Gordon Brumwell. Oh, Brad, give me just a minute. I'll get your thing ready; I'm sorry. MR. CORNELL: Great. Good morning, Commissioners. Brad Cornell on behalf of Audubon Western Everglades and Audubon Florida. Thank you for the opportunity to address you about the ordinance. Let's see. There we go. So Audubon fully supports the several ordinance revisions you discussed at your March 12th meeting which accelerate land acquisition. Your discussion then was very constructive. We, however, do have a small but important refinement to the single policy on diversion of program funds. And I'll just note that as you look at the text we're going to show you, the Audubon recommendations are in red. Audubon recommends better defining emergencies as those officially declared by local, state, and federal authorities. Also, it would be best to define the replacement time frame as "promptly" in order to assure program obligations, especially land management, are March 26, 2024 Page 70 met. And so the way we would recommend the last paragraph of this introductory Section 6 is, "At the direction of the Board, funds may be transferred between the two funds. In the event of an emergency as determined by local, state, or federal official declarations, funds may be withdrawn provided all such diverted funds shall be replaced promptly to assure program obligations, including land management, are met." We also believe it's especially important to replace the $38 million that you plan to divert from the Management Trust Fund this Fiscal Year '24 to assure long-term management capability from the interest generated. Best would be not to divert that money at all. But should that happen this fiscal year, that would be very important to get those management funds back. Audubon also recommends revising the conservation easement text. And so this is in Section 8, No. 4, any easements purchased should be permanent and consistent with Conservation Collier criteria and objectives. You should not require agriculture or a single-family development on such easements -- of course, that can be components of negotiation -- but not needed on every -- or required for every easement. Also, on the TDR credits, you should allow credits to be retained for future use rather than entitling development immediately, which is the way it's currently worded. So on that one paragraph, 4A, it would read, "The property will retain those development rights as negotiated by the parties and assuring a permanent conservation benefit consistent with Conservation Collier program criteria and objectives." So we believe that's what you want out of a conservation easement that you would purchase, and that would be the best use of public funds in buying a conservation easement. March 26, 2024 Page 71 So that's all the recommendations we have. We recommend you make those changes and move the changes you had directed back on March 12th. We believe those are strong for accelerating the program, land acquisition, and making this more efficient. Thank you very much for that constructive discussion, and happy to answer any questions you may have on these recommended changes. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: If you would go back two -- three slides to the language with regard to the declaration of emergency, I just want to re -- that's the first that I've actually gotten to have a look at this. Okay. That's under Section 6, gotcha. MR. CORNELL: Yeah. Right at the top of Section 6. COMMISSIONER McDANIEL: Thank you. And I thank you, Brad, for your recommendations and assistance with this. It's just been huge. MR. CORNELL: You're welcome. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. The environmental folks that have been very familiar with this program over -- since its inception have asked for what I would summarize as three different changes. And I'd like to make a motion to have the language -- as recommended by Brad Cornell in those three sections, the emergency declaration, the easement language, and the TDR credit language, I'd like to make a motion that we incorporate that language in this -- in this ordinance. COMMISSIONER McDANIEL: Mr. Chair, we're in the middle of public speaking. Brad was our first speaker. I think there's a total of three. COMMISSIONER SAUNDERS: Well, I'll withdraw that March 26, 2024 Page 72 motion until we get -- I'm sorry. You're right. COMMISSIONER McDANIEL: Okay. MR. CORNELL: Thank you very much. MR. MILLER: Your next public speaker is Gordon Brumwell. He'll be followed on Zoom by Gaylene Vasaturo. MR. BRUMWELL: Hi. Gordon Brumwell, Ph.D. in biology, from District 4. Thanks for hearing us today. Our vision on your web page is to be the best community in America in which to live, work, and play. Two weeks ago, it became clear we, the people, think accessible green space is necessary to be a great place. Early Conservation Collier votes, Parks and Rec's 2018 survey, 2020's East Naples Community Development Plan, the Conservation Collier vote in '20, and the recent community survey showing prioritization of the environment having roughly doubled in five years, green space is key. So let's assess how we're doing. On the left, in the black border, the green dots within an X are about an acre each only. There's a preserve to the southeast, and maybe I missed one or two. I'm an amateur mapper. But compared to the many green dots outside that border, the border outlines a 30,000-plus-acre green space desert. Heck, many people outside on the desert can walk to multiple spots. Well, how do we compare to elsewhere? On the right, we see our desert would not fit anywhere over greater Chicago without encompassing many small, medium, and large preserves or greenways that literally stretch for miles. Next, please. Consider Monroe County and the Poconos. You know, a vacay-oriented place like us, conserved space green all over the place, and many trails and greenways and more planned. Even other March 26, 2024 Page 73 Floridians are doing it. Next, please. This part of the Town of Malabar shows sanctuaries, green, integrated with residential, and they have separated paths. Conservation Collier can help us be a great place. So it is great, the process has been sped and easements can play a role, but we need available deep reserves for unexpected conservation opportunities. So please align the definition of an emergency with county, state, or federal definitions so the funds are available for conservation the vast majority of the time but also for emergencies but are also promptly restored. Please adjust the easement language so easements meet strict conservation goals and will be as permanent as land bought outright. Finally, please restore any monies already borrowed because we are behind relative to the equitably spaced public land purchases that could make Collier County a great place to live. Thank you. MR. MILLER: Your next and final speaker joins us on Zoom, Gaylene Vasaturo. Gaylene, you should be getting prompted to unmute yourself at this point, if you'll do so at this time, Gaylene. There you -- well, Gaylene is not unmuting. MS. VASATURO: There I am. CHAIRMAN HALL: There she is. Thank you, Gaylene. You have three minutes. MS. VASATURO: Thank you. Thank you. I don't need three minutes, just a brief comment, and it concerns the language that Brad Cornell addressed, the language that was added to the Section 6 concerning diversion of funds from the Conservation Collier. The revised language that appeared in the draft for today didn't provide some qualifiers on the diversion, but we were still -- we are March 26, 2024 Page 74 still very concerned about that language because it didn't -- it allowed for a lot of leeway. I mean, in three separate referendums over a period of 18 years, voters in Collier County overwhelmingly agreed to set aside their tax dollars for acquiring and preserving natural land, and we -- and we have trusted you, the Board, to be responsive to this expressed will of the voters. And I think that the language that Brad Cornell provided adds some additional qualifiers that will help keep it to just -- to really an extraordinary circumstance if you do go to find that an emergency requires you needing those funds. I know one -- one of your commissioners had said at the last meeting that this was a one-time event and -- when they took the funds out previously less -- in 2023. And I guess -- I think, you know, if -- that being the case -- and it truly should be an extraordinary circumstance or an emergency, then I think Mr. Cornell's language goes towards helping to meet that goal. So that's it. Thank you. MR. MILLER: That's all of your public speakers on this item. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I was going to -- I had a comment to Commissioner Saunders' original or previous motion. I have an issue with the proposed language in Section 6 with regard to that -- restrictions on the definition of emergency. The premise -- the premise when we talked about this at our last meeting allowed for that emergency to be established by this Board of County Commissioners, the premise being that the definition of an emergency wasn't what was up to the eye of the beholder, as a matter of fact. So I'm not in support of the proposed language that was put up there today with regard to Section 6. March 26, 2024 Page 75 I'm okay with 4A with the -- I like that language with regard to the easements and the permanency of and so on and the holding of those. That's something that I've always wanted with regard to Conservation Collier, that lands that were, in fact, bought have development rights that could enure on the benefit of the county and be, then, utilized back in for additional revenues for the Conservation Collier program. I like that language in Section 4A, and I'm assuming staff saw that language and is okay with those changes. MR. FRENCH: Commissioner, we would only ask that you consider that once the land would come into the program, it's protected by a separate ordinance under the exceptional benefits clause. So we -- staff did -- we took the Board's direction word for word. And, clearly, the Board sets policy, but that language -- we believe that that land would already be protected under the exceptional benefits clause. COMMISSIONER McDANIEL: So we wouldn't need additional language with regard to the permanency and the development rights being -- being transferable? MR. FRENCH: Transfer of development rights, as indicated at your last meeting by your zoning director, Mr. Bosi, we're going to have to go back through our Growth Management Plan and adjust that so that the -- so that we could, basically, speak with the state to make sure that the county can participate in that. Currently, the county does not participate in the TDRs because it is controlled by the private market, and we monitor and control the issuing of those TDR credits. COMMISSIONER McDANIEL: I understand. MR. FRENCH: So, yes, sir, that -- that needs to come back anyway, and that's our intention is to bring that back. COMMISSIONER McDANIEL: So that language in Section 4A, you're not in favor of seeing that language adjusted? March 26, 2024 Page 76 MR. FRENCH: We believe it may be premature. COMMISSIONER McDANIEL: Well, it certainly is premature if we -- if we haven't effectuated an adjustment to the GMP to allow the county to participate. That -- and I think we already talked about moving forward with that amendment to be able to do that, if I'm not mistaken. MR. FRENCH: Yes, sir. And if -- and once that we've gotten approval from the state, we would bring this ordinance back as well, and we would adjust the language accordingly. COMMISSIONER McDANIEL: So the presumption is that maybe the state or someone in the -- someone in the food chain along the way wouldn't be happy with the language that we -- that was proposed by Brad today. It could get adjusted -- rather than doing it twice, leave it as what you submitted to us for approval and then make the adjustment once we get through with the GMP amendment? MR. FRENCH: Yes, sir. And, respectfully, I believe I recall it correctly, is that that is something that we discussed at the last Board meeting, and we indicated that we would be bringing that back once we could make the determination that we could -- we could participate in the TDR credits. COMMISSIONER McDANIEL: Sure. Could you -- Ms. Patterson, can you pop up that language that -- I think -- I don't know -- or, Troy, somebody -- on section -- not that one -- the Section 4A. That one right there. I mean, adding in the word "permanent," I think that's a good idea for -- as far as a conservation easement goes. There's commingling here in this section. And, certainly, assuring the permanent conservation consistent with the conservation program, that language, but the only one you're really not comfortable with is the last part or private/public TDR credit repository or -- March 26, 2024 Page 77 MR. FRENCH: Well, we believe that the language may be -- COMMISSIONER McDANIEL: Repository, not respiratory. MR. FRENCH: Thank you, sir. We believe that C covers that, that it's redundant language. COMMISSIONER McDANIEL: Okay. So are you okay with the addition of "permanent" and then the addition of the red language in A? MR. FRENCH: I hate to go to it, but the Board sets policy, sir. We can -- we're fine with it, but -- COMMISSIONER McDANIEL: You say "okay." I mean, do you find it -- MR. FRENCH: Yes, sir. We're happy to work with it, yes, sir. COMMISSIONER LoCASTRO: Is 4A redundant, though, similar to what you were saying in some of the other sections? MR. FRENCH: In consulting with Ms. Cook, we believe it is, from staff's perspective. Yeah. CHAIRMAN HALL: Are you finished, Commissioner McDaniel? COMMISSIONER McDANIEL: I'm good for now. I want to hear what the rest have to say. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Redundancy is not a problem. I don't see any issues with being redundant. This is our Conservation Collier ordinance, and I like the way this tightens things up. So I like what is recommended for 4A, B, and C, the language there -- or there's no change in B. And so I'd like to see us incorporate that language. I don't understand how that could create a problem with the state at all, and if it -- you know, I just don't understand that. So I'd like to see us incorporate that. March 26, 2024 Page 78 I'd like to do this in two pieces, because I think there is some agreement here. I'm going to make a motion to incorporate the language that's on the screen right now that was presented by Mr. Brad Cornell, which amends 4 by putting in the word "permanent," amends Section A, and then down at the bottom dealing with the receiving lands or a private or public TDR credit repository. I don't see how that can create any problems for us at the -- at the state level, but I think it tightens up our Conservation Collier ordinance. If we need to come back and change it, we can obviously do that. So that's my motion, Mr. Chairman. COMMISSIONER McDANIEL: I'll second that. I agree with you. And if we have to do an adjustment once we go through the amendment to the GMP, we can adjust this language -- if someone at the state tweaks our ability, I agree with you that it doesn't really have an impact. So I'm okay with that. Second. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I'm -- I was just going to stress that redundancy's not always a bad thing. I mean, I don't love it at times because then I think it just is -- you know, it's not required. But there's been so many questions about Conservation Collier that I think in this particular case, it's not overdone, you know, stressing permanence and a couple of the other words that are covered in other ordinances or other documents. You know, I was going to sort of echo what I'm hearing my colleagues say is that I think it gives clarity and confirmation to the things that people are concerned about. So if we have it in multiple places it -- it relieves a lot of ambiguity, I think. So I -- now I will say if we're -- I like that we're voting on these one at a time, because I do have some concerns at Section 6, the emergency definition piece, but I'll wait till we get to that, and I'll light up again if I've got a question. But I would -- I would vote for March 26, 2024 Page 79 the motion to pass 4, No. 4, as amended with the red text. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I just have a question for staff or -- are you insinuating -- because the word "permit" -- it was not necessary because does -- Subsection C, does that relate to what you were trying to say? Or is that -- MR. FRENCH: Well, you have an exceptional benefits clause that, even in the event that we were to vacate or there was a request to vacate an easement for some other benefit, it would have to meet that exceptional benefit; in other words, showing that there was a benefit to the program, to the county, that it would -- that it would be in the best interest of the program, not the applicant, to vacate to that property. COMMISSIONER KOWAL: Okay. I'd like just to remind my fellow members up here that two weeks ago, we did have a problem with redundancy, referring back to the other slide we kept saying we had the right to move it, the right to move it, you know, and I think Mr. Cornell talked us all into saying it just once in the ordinance. So I think I'll remind everybody of that, that we do sometimes have a problem with redundancy, so I'm just saying. COMMISSIONER LoCASTRO: I think sometimes, though, we also sit up here for an hour and talk about where a comma should be, and I don't think that's the most efficient use of anybody's time. So, you know, we're talking about one word here, and I think it gives clarity. But point well taken. COMMISSIONER KOWAL: I'll remind you that Mr. -- well, he's not here anymore, the fine attorney -- that a comma is very important. COMMISSIONER LoCASTRO: Right, absolutely. MR. FRENCH: We've taken great care to reduce the number of March 26, 2024 Page 80 unqualified modifiers, I think, is what we referred to it as. COMMISSIONER LoCASTRO: Yeah. COMMISSIONER KOWAL: Yeah. CHAIRMAN HALL: Well, I can count to three. We have a motion and a second. So all in favor of adopting Section 4 as amended in red, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: All right. Commissioner Saunders. COMMISSIONER SAUNDERS: Let's jump into the unpopular language. Going back, if you could put on the screen the language under Section 6, I believe, you know, we tightened this up. I had made some suggestions at the last meeting to make this into two sentences so we didn't have to have any concern about a comma. But we all said that this was -- the removal of funds was a one-time deal. And what they're asking are for -- and I think it makes sense -- that there be some official declaration; that can be from us, obviously. And I think the concern that the supporters of Conservation Collier have is that if we leave this open where the funds can be removed once the Commission determines that there's some emergency, that unless we tighten that up, almost anything is an emergency. During the budget process last time, last September, the final result was to transfer funds. There was no emergency. There was -- obviously, there was a reduction in the millage rate, but there March 26, 2024 Page 81 was no real declaration by the county of an emergency, whether official or unofficial. And so I think that's what the concern is. I'd like to tighten this language up, Mr. Chairman and fellow members of this board, so that we send the message that we took those funds out that one time, and in order to do that again, there's going to have to be a more of an official emergency, not something that just happens at a budget hearing. And so I'm going to make a motion that we include this language because it really -- it really ties our hands but at the same time doesn't tie our hands too terribly because we can determine some local emergency. We don't need to rely on the state or federal officials to do it. It says right here that it could be a local emergency. But it needs to be something, I think, more official than just simply saying, "If we decide to remove those funds, we can do that." I think it sends a real positive message to the community. And I agree with the speakers that talk about making this really a wonderful community. It is a wonderful community, but we want to keep it that way. And providing more open space is critical, and this language helps us in that regard. So I'll make that motion, Mr. Chairman. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I mean, I don't want to split hairs on -- you know, on wordsmithing this thing to death, but, you know, this is a -- this is a local program. And, you know, I sort of cringe a little bit when I see the words, "state," "federal," "official declarations." I mean, you know, this board, over the last few months, has done, you know, great things to bring stuff to the local level to give us local authority. I don't think the -- you know, that words "the Board of County Commissioners" means we're going to do something haphazard and stupid. And anything we decide to do is going to be filled with a March 26, 2024 Page 82 roomful of people that either agree or disagree. I just think when you have a local document -- I think leaving the Board of County Commissioners or adding these red -- the red edits is six of one, half a dozen of the other. It's "happy" to "glad," "small dog" to "puppy." But in a local document here, as a citizen, I'd rather see local words than, you know, as determined by the state or the federal declarations. I mean, haven't we been working hard for months here talking about how, you know, we want local control, local decisions? And I understand what Commissioner Saunders is saying, but I don't think the words "the Board of County Commissioners" gives us some sort of, like, irresponsible authority to just do whatever the heck we want. I mean, I think we're all smart enough to know what an emergency is or what's emergent. And, you know, there again, I don't think adding -- taking that out and putting "local, state, or federal," makes this a better document. Maybe it makes it different, but I don't know that it makes it any better. And in a small way, in my mind, it makes it a little worse because I like the local type of words. I don't know if anybody shares my same view, but that's my initial thought. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I agree with Commissioner LoCastro. I'm not -- I'm not happy with state, local -- local, state, federal declarations. I think "the Board of County Commissioners" is sufficient, as was agreed upon the last time when we -- when we developed this language. And I -- I don't -- you know, it wasn't done willy-nilly when the move was -- the entire premise here was to allow for some discretion with regard to moving the money for necessary -- for necessary things. I liked language "as soon as practicable" because I know when -- you know, we talk about what we did at our -- at last year's March 26, 2024 Page 83 budget hearing. That wasn't done willy-nilly. That was done with a plan. That was done with evidence of ongoing annual burn rate, maintenance expenses, ongoing -- the previous three years' acquisitions. It -- and I agree with Commissioner LoCastro, it wasn't done willy-nilly, so... Now, having language with regard to -- in here for defining -- I thought the language "as soon as practicable" was sufficient. "Promptly to assure program obligations, including land management, are met," I think that is maybe a better description. But I don't have any interest in the local, state, or federal declaration. I think going ahead and leaving it as was written and proposed by staff with "the Board of County Commissioners," And then I'd be happy -- I'd be okay with "promptly to assure program obligations, including the land management, are met." I'm okay with the second part of the red but not the first. COMMISSIONER LoCASTRO: So am I. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I kind of agree with some of my colleagues up here that this is a local program. It's a county program, and, you know, we -- I didn't like the word "emergency" to begin with, but I didn't really have anything to add to it or replace it at the time two weeks ago because I was afraid it would open up a can of worms with, you know, connecting all these different layers of government to it. And, you know, hey, if there's another -- the state declares a state of emergency because of a hurricane, of course we're going to declare it ourself. I mean, it's a no-brainer. You know, I don't need the state to tell me that we're going to have a hurricane. We understand that, and our staff will approach that appropriately, and we will declare our own emergency. But then in the same state, you know, look back a few years ago. March 26, 2024 Page 84 COVID was a state of emergency, so now you've got the Governor claiming COVID is a state of emergency. Does that give us a right to start pillaging our funds through, you know, Conservation Collier? There's no need to do that, you know. So this is more of a local program, and I think it should be controlled locally by your county commissioners. And I do still like the language "as soon as practicable." And -- but, yeah, I can't -- I don't like the state or federal declaration. I think this is a local decision. It's local taxes. And I think we have the ability to make those determinations if it's an emergency or not and if it's even something that's -- you know, do we even want to, you know, have the pace [sic] to even do? So... COMMISSIONER SAUNDERS: If we just said, "as determined by" -- "an emergency as determined by local declaration," would that satisfy everybody, just take out "state or federal"? CHAIRMAN HALL: It's not going to satisfy me. I'm just going to -- I'm going to comment real quick. It's obvious that this came forth because there are those that had sour grapes about what we did with the money last year, and you can -- I've said it before. You can have control, or you can have growth, but you can't have both. It is my intention to grow this Conservation Collier program. We took that money because that money was not being utilized. And I was the commissioner who said this was a one-time thing. And what -- you know, we live in a time that your word doesn't mean very much, but it solidifies me. I took that money last year to start the budget process so that we could have a beginning to shrink this local government. We turned around and we funded Conservation Collier. So all of this language, to me, doesn't mean a thing. I'm going to -- I'm going to stick with what we talked about in the last meeting. I'm good to say if we -- if we ever had to, in the March 26, 2024 Page 85 future, ever take this money for any other purpose, to repay it as promptly as possible. I mean, that's just common sense. But as far as the emergency thing, it should be whatever we, as a board, determine is the best and appropriate use by a simple majority. Commissioner Saunders. COMMISSIONER SAUNDERS: That's fine. I understand. I was -- I helped draft the language in terms of the emergency language the last time, and I understand my motion will fail for a lack of a second and -- but if we go back to the original language that we remove that "only in the event of an emergency as determined by the Board of County Commissioners," that doesn't tighten it up as much as I would like to, but at least it's a little tighter than it was. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Okay. I'm fine. CHAIRMAN HALL: Okay. COMMISSIONER KOWAL: Thank you. CHAIRMAN HALL: So I'll make a motion to accept Section 6 as amended with adding "to promptly pay the money back as soon as applicable [sic]." COMMISSIONER McDANIEL: And not the -- and adding back "the Board of County Commissioners" -- CHAIRMAN HALL: Not the emergency -- COMMISSIONER McDANIEL: -- as is lined through here, the Board of County Commissioners -- "as determined by the Board of County Commissioners," and I'll second that motion. COMMISSIONER SAUNDERS: Just so I understand what we're voting on, so the language in this section will read, "At the direction of the Board, funds may be transferred between the two funds, period. In the event of an emergency as determined by the Board of County Commissioners, funds may be withdrawn provided all such diverted funds shall be replaced as soon as practicable," is March 26, 2024 Page 86 what -- CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: All right. I'll second that motion if it hasn't been seconded. CHAIRMAN HALL: So all in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: All right. What's the next section? MR. FRENCH: I think that's it. COMMISSIONER SAUNDERS: I think all we need's a motion -- CHAIRMAN HALL: Okay. COMMISSIONER SAUNDERS: Well, I think we need a motion to approve the ordinance as amended this morning. COMMISSIONER McDANIEL: I'll make that motion. COMMISSIONER SAUNDERS: I'll second that motion. COMMISSIONER McDANIEL: And I do have a comment. CHAIRMAN HALL: Go ahead and comment, and we'll vote. COMMISSIONER McDANIEL: Okay. And the comment is and -- because it's been represented multiple times by our speakers with regard to the repayment of the monies that were moved last year, that's not part of this ordinance discussion today. But it is going to be a part of our upcoming discussions with regard to our budget and how we're managing going forward, so I'm -- CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: So I'm happy with the March 26, 2024 Page 87 language that we just voted on, but, you know, of the things I feel like that's been lost in all this discussion of, you know, a word here and a word there, is the biggest problem we had with Conservation Collier over the last two years, and that was having taxpayers put money in the fund and that money not being spent as quickly as it should have been. You know, I'm still a little bit flabbergasted that, you know, folks that believe in this program as much as we do -- and so we're included in that -- weren't more outraged that $60 million was collected, and only 5 million was spent in a two-year period. We did a lot of things to reverse that. And I've said, you know, at several town halls meetings -- and I'm sure my colleagues have repeated the same thing -- we probably have purchased more land under Conservation Collier in the last four, five, six months, in a short time, than had been done in maybe the last two years. So this is all great, and the language is wonderful, and this will go in a book and sit on the shelf, but we should be ashamed of ourselves at almost every commission meeting -- and I won't say every one, but at frequent County Commissioner meetings a list isn't brought to us with properties for consideration. And I think we've made it very clear we don't want those properties stacked up and brought to us once a year, that we want them brought to us on a more regular basis so we don't lose out on some properties, which I know has happened. You know, landowners sat and waited for six months for the previous team to contact them, and then when we finally got to the vote, the property was already long gone. So, you know, just in conclusion, this is all wonderful, the verbiage, but the execution of the program is the thing that failed, and that's what we shined a light on. So it wasn't about stealing money and doing this. It was about money sitting dusty, and plenty of March 26, 2024 Page 88 properties that qualified for Conservation Collier should have come to this board on a much faster timeline, and I think we've rectified that. And by shining a light on the program, too, I think we also helped pull all those that are supportive of this program into one big group and be a little bit more informed of how the program actually works, how it doesn't work, what it can buy, what it can't buy. So that was all great. But I just would say, in conclusion, let's continue to be aggressive to identify properties and bring them to us for consideration, and that's what the program's all about, not necessarily, you know, a word here or a word there. This is important as well. But I think that was the biggest -- I don't want to say failure of the program. I guess the best word I would use in conclusion is disappointment in the program, that money was collected way faster and was just being sort of -- you know, collecting dust, I think, as we said here multiple times. So we don't want to be guilty of that anymore. And, you know, your team, from Mr. French and Jaime Cook's work in the last few months, have proven that we can certainly identify these properties much quicker and bring them to us much more efficiently for consideration. So let's make sure we continue to do that. MR. FRENCH: Commissioners, thank you so much. We appreciate your leadership and your direction. And you used the word "aggressive." We have taken a much more aggressive approach under Ms. Cook's leadership. And with the support of the County Manager's Office, we're currently looking at the structure of the organization with regards to the staffing. And we've worked so close with your volunteers, and we're so appreciative of the volunteers and the outside agencies that -- like March 26, 2024 Page 89 Brad Cornell represents, they're wonderful partners. But I would tell you that we do have a list of properties. I would tell you that they are north of $20 million that will be coming your way, probably the second meeting in April, not to -- and not to overshadow the Williams property. We're currently working with Ed Finn, our Deputy County Manager and my direct report, my boss, to make sure that we -- that we negotiate a good project for you to consider where it's got a Conservation Collier consideration with it. So we look forward to being able to continue to serve this practice. We think it's -- we think it's a great opportunity. Thank you. CHAIRMAN HALL: All right. So we have a motion and a second to approve the ordinance as amended. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Ordinance is a done-deal. COMMISSIONER McDANIEL: Till we change it again. Item #10A SUBMIT A LETTER TO GOVERNOR DESANTIS TO URGE HIM TO VETO SENATE BILL 7014, THE ETHICS BILL - DISCUSSED; BRING BACK TO THE APRIL 9TH BCC MEETING MS. PATTERSON: Commissioners, that brings us to our March 26, 2024 Page 90 add-on Item 10.A. This is a recommendation to submit a letter to Governor DeSantis to urge him to veto Senate Bill 7014, the ethics bill. This item is added to the agenda by Commissioner Saunders. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I apologize for adding this on an add-on without any prior notice, but timing is always kind of important when you're dealing with the legislature. The Governor does not have this bill yet. So when he does get the bill, he'll have 15 days in which to take action on it. So if we're not able to come to any consensus today, we still have, I think, one more meeting where we can take some action. But let me explain what the bill does that I find to be something that we should not -- or the legislature should not approve. We have an Ethics Commission, and that Ethics Commission evaluates complaints and then makes a determination if there's probable cause, and if there is, then they'll go through a public hearing process. We're all familiar with that. As a matter of fact, in the many years that I've been in public office, I've actually had two ethics complaints filed. One of them I filed myself because I needed an opinion from the Ethics Commission, and it came out positive for me, and so did the second one. And what I've always found is that they do a really good job in evaluating these complaints and determining whether there's probable cause in going through the process. There's been a standard in Florida where it's basically the complaint. It's basically a written complaint, and let me -- oh, it's a written complaint that's filed, and the complainant has to have some information to generate the complaint. That's been the standard for decades. The new standard -- and this was added in this legislation this March 26, 2024 Page 91 session -- it says, "Upon a written complaint executed on a form prescribed by the Commission which is based upon personal knowledge or information other than hearsay and signed under oath." The addition of "based upon personal knowledge or information," I think, makes it impossible to have complaints filed. Take a simple bribery situation where somebody may, you know, hear something about that and want it to be investigated. Well, the only two people that would have personal knowledge would be the person taking the bribe and the person giving the bribe. Nobody else would have personal knowledge of that type of a scenario. And so I think from a statewide policy position, it's better to have consistency with what the current language is as opposed to having this language. There are several folks, several organizations, that believe that this will, in effect, eliminate the ability for the Ethics Commission to even exist. There will be really no ability to file complaints against elected officials. There are several organizations that have written letters to the Governor. We have a draft of one that is very similar. And I'd like the Board to consider taking a look at this. Now, there's an ethics panel in the City of Naples that the citizens in the City of Naples voted on, and it's a very formal process, and this legislation will make that Ethics Commission ineffective. So there are a lot of these local Ethics Commissions around the state that are writing to the Governor as well. And so we don't need to take any action today, but I'd like the Board to consider this as to whether or not we would write a letter saying to the Governor that we think that this cripples our Ethics Commission. And ethics in government is critically important, and I know we all agree with that. CHAIRMAN HALL: All right. Commissioner Saunders, or Mr. Mullins, do you-all have any knowledge of what the legislature March 26, 2024 Page 92 was really -- was this the only intent of the bill, or was there other stuff that could be positive that we could be missing? COMMISSIONER SAUNDERS: There is other stuff in the legislation. That was not the only thing. This was an amendment that was added sort of at the last minute on the floor, I believe. And so there are -- there are other things in there, and that's the unfortunate part of about legislation sometimes is there's a lot of good stuff, and then there's a poison pill that's added that really makes it more difficult to adopt the good stuff. MR. MULLINS: Yeah. For the record, John Mullins, your director of Communications, Government and Public Affairs. And to the commissioner's point, yes, this was an amendment that was offered on the floor as it was before the full body. It was not considered in the committee process itself. The bill itself is mostly procedural in how the ethics commissions function, things like term limits and different processes that you have to go through for investigations. To the commissioner's point as well, this would probably take out just about any ability to have a whistleblower-type situation, because you would have to come forward, again, with having personal knowledge and information to back that up, which means you'd probably have to file a complaint under oath which would be a pretty, you know, high standard to have. So an anonymous whistleblower situation would probably go away under this legislation. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I would like -- if you -- if you're -- if I understood you correctly, I'd like a couple of weeks to be able to review this. I haven't looked at this language. I'm not inflicted with that mental health issue called a law degree such as yourself. But it sounds to me a lot like interpretation with March 26, 2024 Page 93 regard to personal knowledge of an ethics violation, purportedly or not. And so I'd like a little bit of time to review the entire bill before I -- before I accept. COMMISSIONER SAUNDERS: I think we have time, as I said, so -- but I wanted to get the discussion started, and this was the only way I could really do that -- COMMISSIONER McDANIEL: Okay. COMMISSIONER SAUNDERS: -- in a meaningful way. So perhaps we have no issue to continue this, and that will give our local delegation that supported this legislation an opportunity to weigh in as well as -- and, again, this kind of goes to local control issues, and I think this takes away a lot of local control, as in the City of Naples with their Ethics Commission. Whether you like it or not, that's what City of Naples, the residents, wanted. And so -- because there was a referendum on that issue. And so this kind of cripples those local efforts, so -- MR. MULLINS: I think -- COMMISSIONER SAUNDERS: -- to continue it would not be a bad idea. MR. MULLINS: Yeah. To piggyback that, I think the local Ethics Commissions currently have the ability to self-initiate investigations, and I'm not also not afflicted with a legal degree. I'm a Christian. But, basically, this would take away their ability to self-initiate. COMMISSIONER McDANIEL: Well, on that note, I'd maybe get a -- get in contact with our lobbyist as well just to hear the back story on what the ultimate outcome is with that add-on and that amendment. So I'll look forward to more discussion. CHAIRMAN HALL: Yeah. COMMISSIONER KOWAL: Chairman? CHAIRMAN HALL: Yes, sir. March 26, 2024 Page 94 COMMISSIONER KOWAL: John, just one question. You referred to a whistleblower. Is there any specific language in any statutes referring to whistleblowers, like with internal organizations and things like that? Let's say, like, FDLE, you know, like, Florida Department of Law Enforcement, if somebody with -- internally, in, like, an agency like that feels there's something unjust going on, is there any other statutes pertaining to that, or is this solely just we're talking about a citizen feeling that there's an issue and making a complaint? MR. MULHERE: Yes. I think this is just talking about the anonymous complaint of a citizen. But, you know, once again, not being a lawyer, I don't want to say that there aren't other sections of Florida Statutes that may apply to other situations. MR. TEACH: And, Commissioner Kowal, there's a separate whistleblower statute. For example, if there was some sort of operational wrongdoing at a public utilities plant or something, that would still apply. This pertains primarily to ethics issues. It would affect politicians. It would affect other people that may get involved in graft or something along those lines. And I can tell you this: I went ahead and I looked at the legislative memorandums. They sort of spell out why they're doing things, and there was no discussion on why this language was taken. But Commissioner Saunders is correct; you might overhear somebody actually say something that's very credible regarding an ethics violation, but that would be hearsay because that's -- in the law, we call hearsay an out-of-court statement asserted to prove the truth of the matter asserted. And so that person who might have a very credible reason to believe somebody who's in a high position would be unable to then file a complaint under oath under information and belief because this higher standard of personal knowledge is required now. March 26, 2024 Page 95 COMMISSIONER KOWAL: Thank you, Scott. CHAIRMAN HALL: Yeah, that helps. Any other discussion? COMMISSIONER SAUNDERS: So we'll place that on the agenda for our next meeting. MS. PATTERSON: Yes, sir. Commissioners, I believe some of you are due over to have lunch with the Know Your County Government Week. CHAIRMAN HALL: I didn't think you'd ever say it. MS. PATTERSON: So if you want to break for lunch, and we can pick up with the rest of the 11 items before our 2:30 time-certain would probably time well. COMMISSIONER SAUNDERS: Is that up on the fifth floor? COMMISSIONER LoCASTRO: Yeah, where is that? MS. PATTERSON: Museum. CHAIRMAN HALL: We're at the museum? MS. PATTERSON: Yes. Golf carts to move you over. CHAIRMAN HALL: Oh, moving on up. So is an hour long enough over there, or should we come back at, like, 1:15? MS. PATTERSON: Probably a couple -- that would actually probably time well. We have a few items to take care of before we go to our 2:30 time-certain. CHAIRMAN HALL: All right. So let's come back at 1:15. COMMISSIONER McDANIEL: Perfect. (A luncheon recess was had from 11:55 a.m. to 1:15 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. What's next, County Manager? Item #11C March 26, 2024 Page 96 BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8141, “NORTHEAST WATER RECLAMATION FACILITY AND WATER TREATMENT PLANT DEEP INJECTION WELLS” TO YOUNGQUIST BROTHERS, LLC, IN THE AMOUNT OF $29,389,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NO. 70194) (MATT MCLEAN, DIRECTOR, PUD ENGINEERING AND PLANNING DIVISION) (DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: We are at Item 11.C. This is a recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water/Sewer District, award construction Invitation to Bid No. 23-8141, Northeast water reclamation facility and water treatment plant deep injection wells, to Youngquist Broths, LLC, in the amount of $29,389,000, and authorize the Chairman to sign the attached agreement. Mr. Matt McLean, your public utilities engineering and planning division director, is here to present or answer questions. MR. McLEAN: Good afternoon, Commissioners. I do have a very brief presentation to go over this very critical infrastructure project on behalf of the Water and Sewer District. Again, Matt McLean, your division director for engineering and project management with the Water and Sewer District. This is our northeast service area deep injection well project. It fulfills our ability to be able to continue to execute Collier County's strategic planning projects. This one falls underneath the Northeast March 26, 2024 Page 97 Regional Utility program. The project includes two deep injection wells as well as one dual-zone monitoring well which allow the utility to continue to proceed forward on their regional utility program on both the water reclamation facility side as well as the water treatment plant side. It does include our ability, then, to be able to dispose and monitor the ability to use these deep injection wells for -- what we will be utilizing it for is our water treatment plant concentrate as well as our excess wastewater treatment plant effluent. The effluent coming out of the water reclamation facility, we treat it to required standards, Class 1 and Class 2 standards as defined by our permit requirements. This is fully permitted and regulated both by DEP and the EPA. Just to give you an idea of the particular project location as a reminder for you-all, the Board, as you can see in the northeast utility facility cite, the area defined by the star is the location for these two deep injection wells and dual-zone monitoring well that falls within our regional utility facility. Within the considerations of this particular item, we did do -- following the procurement ordinance and manual, we did an intent to bid for this deep injection well project that went out in May of 2023. Over the course of the bid time, we did extend the bids multiple times. There were several vendor questions as well as we are hoping to attract additional bidders on the project. I believe it was a total of eight extensions on time to try to continue to get more competition on the project. Ultimately, those bids were opened in December of 2023. Youngquist Brothers was the lowest responsive and responsible bidder. Youngquist is a known contractor to us. Out of all of the deep injection wells we have in our system, Youngquist Brothers has actually installed all of them, not only on our water reclamation March 26, 2024 Page 98 facilities, but also at our water treatment plants. So the item before you today, staff's bringing the project to do those two deep injection wells and one dual-zone monitoring well in the amount of just over 29 million. The project does include a $2.4 million allowance if we run into any type of unforeseen situations. We're excepting great results on this project, first and foremost, to be able to execute strategic planned board priority projects. As mentioned, it will enable our ability to be able to dispose of our excess treated wastewater plant effluent. It's a really -- it's a balance for us as we treat our effluent to all of our water-quality standards. You know, we oftentimes have plenty of effluent available in the rainy season, and we need to utilize our deep injection wells to be able to get rid of the excess, and then come dry season, we're starving to try to produce more effluent to be able to put it back out into our regional system. So these deep injection wells are critical for our continued success as a utility to operate. It does provide for that future water treatment concentrate disposal as well as we're continuing to move forward with our water treatment regional plant out in the northeast service area. It's important to note the reason why there's two wells within this project, two deep injection wells, as our Class 1 reliability. There's very stringent reporting requirements and testing requirements for deep injection wells, and we want to make sure that we have the ability to utilize at least one of them at a time. We're a 24-hour-a-day/seven-days-a-week/365 operation, and that Class 1 reliability to be able to take one particular system out of play for testing requirements that sometimes take up to a week or more is critical for our continued operations full time. So I mentioned it's highly regulated by the DEP. We've got a lot of compliance efforts and testing requirements to do to make sure March 26, 2024 Page 99 that we're not impacting any of the aquifer systems, and it does position our utility for the continued planned growth within the northeast area, again, a very critical component project that we're excited to bring before you today. And so with that, we have before you a recommendation to approve the two deep injection wells and dual-zone monitoring well as presented for you and presented in the agenda item before you today. I'm here to answer any questions that you-all may have on the project. CHAIRMAN HALL: Mr. McLean, just for the sake of the public, you know, we're looking at spending $30 million. Just explain to the public what we're -- what we're doing -- MR. McLEAN: Absolutely. Thank you. CHAIRMAN HALL: -- and what effluent is and just so that people can understand exactly what we're looking at. MR. McLEAN: Absolutely. A deep injection well is an engineered system that safely disposes of fluids, including reuse water that's treated to standards. We have Class 1 and Class 2 primary and secondary standards for the water treatment. These wells are very, very deep. They're well -- these wells are going to be drilled down to 3,250 feet. So as you utilize wells like this within our operations, we're not just impacting -- there will be no impacts to the -- what we see with respect to our wells that we use for our water treatment. So during the course of operations at any one given plant, there's certain times of the year where we generate a lot of effluent from our wastewater where we're processing that wastewater. And, ultimately, that processed wastewater gets put into a reused irrigation-quality commodity for us. We would like to be able to put all that back out in the land, but, unfortunately, certain times of the year, people aren't watering when it's raining. So we need to have March 26, 2024 Page 100 the ability to be able to utilize these deep injection wells during those time frames. CHAIRMAN HALL: Great. Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Do we ever -- or is there -- is there ever an opportunity to allow other utilities to use a well that we drill? MR. McLEAN: The short answer to that is "not really." We all have our specific utility boundaries that we operate on; however, there are interconnections that we do have between utility companies. So, for example, we do have interconnectivity with Bonita Springs Utilities, the City of Naples, whereby sometimes we're trading flows back and forth in the case of demands or emergency type situations. But then those operations -- when they go into their respective service areas, those respective service area users utilize their equipment. COMMISSIONER McDANIEL: All right. Well, the leading question was there's -- you know, the Immokalee Water/Sewer District has been dealing with issues for quite some time with regard to the disposition of their effluents, and I was just wondering if there was a capacity to rent our facilities to them. MR. McLEAN: I would say that that -- I would say that that's a very interesting concept. COMMISSIONER McDANIEL: Well, there you go. MR. McLEAN: You know, you look at it like a bulk-user type of utilization. I did mention that we do have interconnectivity between other utilities; however, that's something that we haven't really fleshed out other than bulk-type utilization. And again, then, within bulk-user rates and how you operate on how much flow goes one way or the other, the respective utility that has the control of processing that particular water or wastewater will be the one in March 26, 2024 Page 101 charge of their deep injection wells. COMMISSIONER McDANIEL: Sure. I understand that. I just -- and maybe that's something we could have a discussion of off-line just to explore it. MR. McLEAN: I look forward to the consideration. COMMISSIONER McDANIEL: I know that there is an issue there, and it may be something to -- if it's allowed, if -- because you've already stated that it's a heavily regulated circumstance. But if it's allowed, it's something that may be able to help some of these smaller utilities that are on our perimeter that we're not necessarily interconnected with. So with that, I'll make a motion for approval. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. How you doing today? You made the comment that Youngquist Brothers, they did all our other facilities, the deep injection wells? MR. McLEAN: They have drilled all the deep injection wells at our currently regional water reclamation and water treatment plants, yes. COMMISSIONER KOWAL: For the county. Did they do the one out at the dump? MR. McLEAN: They also drilled the deep injection well that's out there for the leachate out at the landfill. COMMISSIONER KOWAL: The landfill, yeah. COMMISSIONER McDANIEL: The dump. COMMISSIONER KOWAL: The dump. I'm sorry. I couldn't think of "landfill." Now, in those other projects, were there other contractors that bid on those projects? MR. McLEAN: We have had, in the past, other bidders, but March 26, 2024 Page 102 this is a real specialty type of operation where you're drilling down over 3,000 feet. We were hopeful that we would see two bidders; however, unfortunately, we only received the one bid. In past projects, we have seen one or two bidders over the course of the last several decades. Youngquist is -- within the state of Florida, they do the majority, if not almost, all of the deep injection well construction. They're currently working on multiple deep injection wells over on the East Coast right now, and they've done a lot of work as well in the Southwest Florida area beyond what has been done for the Water and Sewer District. COMMISSIONER KOWAL: So in a way, you're almost saying they're a sole provider at this point for this particular type or design of well that we're looking at? MR. McLEAN: I would say that they're an expert in the industry. We followed the procurement process, and they ultimately were the low bidder that was responsive and responsible. COMMISSIONER KOWAL: But they were the only bidder on this one. MR. McLEAN: They were. COMMISSIONER KOWAL: All right. Thank you. CHAIRMAN HALL: I'll second the motion. All in favor of approving this 29 million-plus for the injection wells, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Thank you, Matt. March 26, 2024 Page 103 Item #11D A CHANGE ORDER NO. 15 IN THE AMOUNT OF $4,820,600.00, UNDER AGREEMENT NO. 18-7474 PERTAINING TO THE "DESIGN-BUILD OF NORTHEAST SERVICE AREA INTERIM WASTEWATER TREATMENT PLANT, STORAGE TANKS AND ASSOCIATED PIPELINES," WITH MITCHELL & STARK CONSTRUCTION CO., INC., ADD 550 DAYS TO THE CONTRACT, WAIVE LIQUIDATED DAMAGES OF $1,790,000 AND HAVE THE CHAIR SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO.70194) (MATT MCLEAN, DIRECTOR, PUD ENGINEERING AND PLANNING DIVISION) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11.D. This is a recommendation to approve Change Order No. 15 in the amount of $4,820,600 under Agreement No. 18-7474 pertaining to the design-build of northeast service area interim wastewater treatment plant storage tanks and associated pipelines with Mitchell & Stark Construction Company, Inc., add 550 days to the contract, waive liquidated damages of $1,790,000, and have the Chair sign the attached change order. Mr. Matt McLean, again, your director of Public Utilities Engineering and Planning, is here to present. MR. McLEAN: Yep. Again, thank you. This is another item critical to the continued infrastructure investment within the northeast area. We've been actively working under this contract for multiple March 26, 2024 Page 104 years on building the interim wastewater treatment plant, storage tanks, and associated pipelines to the known villages and towns as the Rural Lands Stewardship Area continues to develop out. This item before you today is a change order relative to add some additional piping to that particular project, cracked up some administrative contract time frame changes -- that's the liquidated damages portion of the project -- as well as add 550 days. Again, I want to just thank the Board for the opportunity to be here to continue to execute strategy plan priority projects within the northeast utility program. That is the one that's been identified. It also falls within the infrastructure and asset management pillar on our strategic plan. Specifically, we will be extending, on this project, about a 2500-linear-foot section of four runs of pipeline out to the Brightshore development now that we have the official point of connection identified. This map gives you a pretty good idea of the overall area. I'd like to focus in on the inset, if you will, on the bottom right. The dashed line is the area that's specific within this change order on the pipeline corridor to be able to get over to the point of connection within the Brightshore Village. The county, through the existing contract, has already installed over 40 miles of infrastructure out to Immokalee Road Rural Village, Skysail, Rivergrass, and the bulk of the infrastructure to Brightshore Village. So this kind of gives you a magnitude of the overall area as well as the inset area to focus in on for this particular item. At that point of connection within Brightshore, done on the bottom right there, the county was able, through that SRA development in conjunction with Transportation and Public Utilities, to negotiate the ability to purchase a piece of property a little over nine acres for joint use to be able to utilize it for Public Utilities use March 26, 2024 Page 105 for tanks, pump stations staging area, as well as a future stormwater pond for the ultimate potential expansion of Immokalee Road. So this particular change order on the extension of pipelines will get the pipes to this particular location, which is the location within the utility agreement that we're obligated to provide the infrastructure to that particular village. Again, we're expecting to be able to continue to deliver and execute strategic planned Board priority projects with this particular project and change order. This, effectively, will complete the first phase of the infrastructure required to the respective towns and villages that we currently have agreements with to be able to provide services for potable water, irrigation-quality water, and wastewater services within the Stewardship Receiving Area. It continues to solidify the Water and Sewer District's infrastructure for the known expansions that are continuing within the northeast service area and positioning the utility for the future. It does effectively meet the required established utility agreement commitments for Brightshore Village, this particular change order, and as I mentioned, it also clears up some administrative project items. We had a particular change order that went to the Board previously that was executed after a substantial completion date. The work has all been completed. There's been no damages to the county. So as part of this item, we're requesting the waiver of those liquidated damages and adding the additional time to the contract to effectively complete the balance of this infrastructure. And so with that, I'm here before you today to answer any questions and bring before you the recommendation for approval of this particular change order, associate additional time to the agreement with Mitchell & Stark, and the waiving of the liquidated damages. March 26, 2024 Page 106 I'm here to answer any questions that you may have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I don't have any questions. I just -- I would like to maybe have you just reiterate that this new facility -- this northeast wastewater/water facility has been on the county's books since 2000 when we initially acquired that piece of property. And it is the -- for now, the last piece of the triangle for the entire county's service of wastewater and water services. It allows for interconnection between our already existent plants. And you correct me if I'm wrong. MR. McLEAN: Absolutely, absolutely, you're correct. COMMISSIONER McDANIEL: Because we're -- your highlighted information here has to do with the known growth that's coming in the eastern portion of the community. But, you know. I recall a discussion I had with the previous administration when I first got elected that we had storage tanks at our south plant that we were having issues with preventative maintenance for fear of taking them off-line because of potential service interruptions, and by having this facility up and functioning, it's going to provide an enormous benefit to the -- to the entire county, not just -- yes, it is going to accommodate this known growth that's coming, but it's an integral part of the basic life-sustaining infrastructure that our community needs. MR. McLEAN: I appreciate those comments, Commissioner. I would characterize it as we are a regional system. COMMISSIONER McDANIEL: Yeah, exactly. MR. McLEAN: You know, our plants are interconnected. We take a great deal of pride on operating and continuing to invest in our infrastructure, and the engineering reliability and interconnectivity on a regional basis allows us to do exactly what you've described. We have the ability to continue to rehab and rehabilitate existing March 26, 2024 Page 107 plants, existing in-ground services, existing collection systems. And as we continue to grow the utility, it's important to have that continued interconnectivity to be able to do to. COMMISSIONER McDANIEL: You know, Commissioner Saunders, you and I, when we first came in, we acquired the Orangetree facility and then the FGUA facility there in Golden Gate City, and I recall one of the statements that you made, and I concurred 100 percent with the statement and that when we acquired the FGUA, that it might have been one of the most important things that we did for the community as far as a benefit goes. And having this northeast regional facility and its interconnection with these smaller utilities that we've already acquired is just an integral part of fulfillment of that regionality that we need to have. So I'm going to make a motion for approval. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: We have a motion and a second for the approval of this $4.8 million change order. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Done deal. Item #11E THE CHAIRMAN TO EXECUTE A ONE-YEAR RENEWAL OF AGREEMENT NO. 22-7979 “TOURISM INTERNATIONAL March 26, 2024 Page 108 REPRESENTATION - UK AND “IRELAND MARKET” WITH OMMAC LTD., FOR FLAT ANNUAL FIXED PRICE OF $120,000 ($10,000 PER MONTH), AND REIMBURSABLE EXPENSES FOR TRAVEL, REGISTRATIONS AND MISCELLANEOUS FOR UP TO $80,000 TOTALING $200,000 ANNUALLY AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM. (COMMISSIONER MCDANIEL’S REQUEST) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11.E, formerly 16.F.4. This is a recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979, "Tourism International Representation - UK and Ireland Market" with OMMAC, Limited, for a flat annual fixed price of $120,000 and reimbursable expenses for travel, registrations, and miscellaneous for up to $80,000, totaling $200,000 annually, and making a finding that this action promotes tourism. This was brought to the regular agenda at Commissioner McDaniel's request. And I believe before we get started on this item, we just wanted to introduce our new tourism director, Mr. Tusa. He may take a couple of minutes and say hello and tell the Board a little bit about himself. MR. TUSA: Thank you, Amy. I appreciate the introduction. I'm Jay Tusa. I'm the new tourism director for Collier County. I'm very excited about that role. Looking forward to working with the commissioners and meeting with you one-on-one over the next couple of weeks. Would love to kind of have conversations with you on your thoughts on the tourism industry in Collier County. I've had some great conversations with Amy and Dan already through the interview process, and certainly those will be ongoing. March 26, 2024 Page 109 A little history about me, I have 25 years of experience in the travel industry, most recently served as the assistant airport director for the Pensacola International Airport for strategy and development. Probably my most relevant experience related to Collier County is I was executive director for Walton County tourism where there I oversaw the destination marketing of the county but also destination development. I did a lot of destination development initiatives with parking and beach park facilities, lots of growth there in those areas. And then also some other experience back in Louisiana before I relocated to Florida eight years ago, Louisiana Office of Tourism, New Orleans Convention and Visitors Bureau, so lots of experience with destination marketing. But really looking forward to my opportunity, and I just wanted to say hello and thank you for the opportunity, and looking forward to working with you. And if anyone has any questions for me, I'd be happy to answer anything I might be able to. CHAIRMAN HALL: I'd just say welcome aboard. We look forward to getting to know you and talking with you. Thank you, Jay. MR. TUSA: Great. Thank you. MR. MELLEKY: Good afternoon. I'm John Melleky. I was the co-interim director for tourism, and I'm also the art and culture manager for tourism, and I'm here to answer any questions you have on the OMMAC -- OMMAC contract. So I have a presentation, or if you would like to ask questions, I'm happy to do either one, whichever you prefer. CHAIRMAN HALL: Commissioner McDaniel, do you mind sharing with us your thoughts why you brought this forward? COMMISSIONER McDANIEL: Yes. Well, my thoughts are not a lot different than what they were the last time when this issue got brought forward. And I -- I just don't want us to just go along March 26, 2024 Page 110 doing what we've always done because we've always done it. This is -- this a lot of money engaging specifically with companies or people to attract tourists here. And I just want to -- I want to know if thought has been given to a different way of doing business. It seems like -- it seems like, from the information that I've been provided, that there is decent trackability with regard to the efforts of these -- of these two agreements, but I just wanted to ask the question -- and I know Commissioner LoCastro, he serves as the chair now for the TDC. I did it last year. I just -- you know, I just wanted to ask the question if consideration could be given or has been given to doing business a different way. MR. MELLEKY: Well, yes, and so let me talk a little bit about it and the business and what's going on, because I think that's important to understand, especially the competitive nature of these markets. So what we're doing is, first, we're trying to build the pipeline and continue the pipeline of people coming from Ireland and UK in this instance -- and Germany, the next one -- to come to Collier County. So in order to do that, you need to always have some type of presence. Various organizations that are our competitors here in Florida, there are 20 that have offices out in Europe. So part of that is how do we do that but do it most cost effectively? And having someone there to represent us actually helps with that. But then to address what you also -- was your concern is how do we have a measure? And talking with the organizations, it was looking at how they deal with tour operators. When people want to come to Collier County, especially from Europe, they book a tour or they go through a tour operator, especially their first, second, or third time that they're coming. It's a lot of easier to do. There's insurance. So in case March 26, 2024 Page 111 something happens, they're going to get reimbursed and they're not losing money, and it's a lot easier to do rather than booking everything yourself. So these tour operators are really the conduit, and the organizations there have those relationships with the tour operators. So working with the tour operators, then they also work with our partners here, the hotels, and not always the big hotels, sometimes the smaller hotels, that then the tourists can go into and really build that relationship, and that's where the measure comes in is how many room nights are those tours operators booking in our destination. And once we figured that out, we then used that to measure the tax collection and then used that to create our return on investment for the costs. This is something that we've done this year. We're looking to enhance it even more as we move forward, but we thought that was a great way to measure, because we're measuring the actual taxes, the actual hotels that are booked and used, and then relaying it to a return on investment. COMMISSIONER McDANIEL: Okay. I guess my question was more along the lines of actually contracting with somebody to engage with potential tourists. My question was more along the lines of direct advertising and, potentially, for less of a hard expense because the way these -- the way these agenda items read, on the surface it's 120,000, but it can be as much as an additional 80,000 in travel and entertainment and additional reimbursable expenses. MR. MELLEKY: So thank you. Yes, the hard cost, $120,000; it's $10,000 a month. The other fees -- in this instance, it's $80,000. Really, that's their budget for the year. So that's not -- that's the most that they can spend. If they want to spend money, like let's say they want to go to a trade show that's in Europe, that's already there, they need to pay the registration fees, and we reimburse them. March 26, 2024 Page 112 So what happens is they provide a project sheet. That project sheet is then signed by the division director, signed, "Yes, this is what we're going to do," and then that money can be spent. So, really, that $80,000 is the max that can be spent. It's put in our budget to budget that way. But each time they want to spend any of that 80,000, it comes to us first before they spend it because then the purchase order is set up that way so then they can be reimbursed for it. COMMISSIONER McDANIEL: I really wasn't questioning that the process wasn't being followed. The question was a little -- and maybe it's for you, our new director-to-be. I wasn't really concerned about the validity of the expense. It just was an additional expense over and above the contract amount and whether or not a different approach could be accomplished. MR. MELLEKY: That is something we can look at and talk with Procurement about. And, again, we're tracking those expenses to make sure that, one, they're not going over and, two, that it's a reasonable cost and that it's something that is going to benefit us and, again, related, then, to those rooms being booked. MR. RODRIGUEZ: Commissioner, if I may, Deputy County Manager. Absolutely, we can look at that. In fact, with Jay coming on board, with Sandra and John's help, we'll look at our marketing strategy and come up with some new avenues that you speak of as well as some other ideas that the TDC committee have as well and the other commissioners and our County Manager and kind of bring you a new strategy, a new approach that may give you some opportunities that you can consider. COMMISSIONER McDANIEL: Is there a fuse on this that we have to approve this today from a contractual arrangement? I miss the deadlines in this. Is -- March 26, 2024 Page 113 MR. RODRIGUEZ: I believe the contract expires this month, if I'm not mistaken. John? MR. TUSA: That's correct. MR. RODRIGUEZ: And if you'd like, you know, we could just renew the contract for now and let Jay get his -- get going on this, and then we can consider what we're going to spend. As far as that 80,000, hold off on that, and come back to you with a strategy, if you'd like. COMMISSIONER McDANIEL: It's certainly up to -- you know, this is a Board decision. It's just -- and I'm the one that has brought this up. I'm not stomping my feet here just to -- I just want to make sure that we're giving consideration to conducting business differently. That's all. CHAIRMAN HALL: I love it. Commissioner LoCastro. COMMISSIONER LoCASTRO: So this was a long discussion at our TDC meeting. And, you know, I brought up similar views because, I mean, this is real money. And, Jay, here's the one thing -- I mean, I feel like I was satisfied after our TDC meeting that we wouldn't change the way forward and not to keep doing business the way that we do. But there was a few homework assignments from our meeting, which was better measurement. You know, stats are great and all that, but here's the question I would pose to you: If we gave $200,000 to the tourism of Ireland or whatever -- I'll oversimplify this -- and then we measured all the people from Ireland that came here and how much taxes they paid and all the dinners they went to and, you know, the souvenirs they bought, if we didn't give them 200,000, what would be the delta change? Would all those people still come because Naples is awesome and they've heard about it? You know, they didn't need to read it in an Irish magazine. They March 26, 2024 Page 114 know that Naples is an incredible place. And if there was a delta but it was 3 percent less Irish people that came to Naples, it might not be worth the $200,000 to capture that tiny little bit and just do it because 20 other counties are writing a check. And so we want to feel good that we're not just sort of looking at the stat sheet and going, "Yeah, we paid this much money, and people from Ireland came." I know people from Ireland that have come here, and they came here all on their own. You know, they used TripAdvisor, booking.com, google.com, and they didn't need anything to be put in their face from the, you know, city of -- or the County of Collier. And so that's what -- that's really the essence of what I think we want to make sure we're getting to, that if we change something -- and we had this conversation. You'll hear -- or if you read the minutes from our last meeting about the investment we make in TikTok. MR. TUSA: I saw that. COMMISSIONER LoCASTRO: It's not a billion dollars. But when we were sitting there saying, wow -- you know, we looked at the stats of all the amazing things we do, and then TikTok, it just seems like we're kind of doing it to do it. And, oh, by the way, TikTok right now doesn't have this -- doesn't have a great reputation. Do we -- you know, is it really doing anything or, as Commissioner McDaniel says, oh, we just fill all the boxes. We do it because we do it, and all the other counties, you know, do it. So I really -- I was encouraged and also impressed by the discussion we had in the TDC meeting. Everybody was in agreement that we really want to watch where these dollars go. And we want a little bit more than just sort of the scorecard at the end because the reality would be if we took that money away, would that March 26, 2024 Page 115 scorecard really change significantly? You know, we might not be comparing apples to apples. We might be comparing sort of apples to chairs. We spend this much money, and this is how many people from Ireland come, but they might come anyway. And if the groups we're giving our money to every single year look at it as kind of automatic payment and not necessarily earning it, then maybe we want to take a look at that. Lastly, I'll just say what I did like is at the TDC meeting, there was a lot of things shown about -- specifically about Naples in foreign publications in those areas, so we're targeting those areas. But, you know, the onion we want to peel back is if that little four-page color article that showed the beautiful beaches of Naples wasn't in that, you know, Irish or German magazine, would people still know that the prettiest beaches are in Naples or, you know, wherever in Florida? And, you know, are we really getting the best bang for our buck? And -- you know, that's where we look, you know, to your expertise. MR. TUSA: I would say that -- to answer your questions just briefly, I mean, obviously, it's something that we can look into. But, you know, you do want to remain competitive, I mean, because if we do pull back on advertising or perhaps stop advertising, that doesn't mean that competing, you know, sister counties in the area who are in competitive set, you know, will stop doing that. And so you very well could lose some market share to that. But to the point you just made, are you going to lose it all? Probably not. People from Ireland are still going to come here because they hear about it another way. But, you know, these agencies provide a service in that they know, you know, their market that they're representing us in very well, much more so than what we do or perhaps our agency, you March 26, 2024 Page 116 know, here in the States. And so there's definitely a benefit, you know, to those agencies and knowing their markets. So I would say from that standpoint that that is definitely a plus. But as far as the metric and how we examine of what's being brought out versus what's going out and what that ROI is, that's really important, obviously, and that's something that we can take a look at. COMMISSIONER LoCASTRO: I think what we concluded is the part of the business that we don't want to keep doing the way we've always done is the measurement that -- maybe brainstorm a few more homework assignments for the people we're paying this money to and not just have them sort of spit out a spreadsheet. And it's more than that. Actually, what was in front of us was pretty impressive, but then you sit here and look at it and go, "Wow, if we took out the money, how would these numbers change?" And, also, is there a deeper dive that, you know, we could get so that we feel the investment is worth it beyond a shadow of a doubt and not that we're just sort of, you know, guessing? We realize there's competing markets out there, but as we always say here, there's only one Naples. So if you don't put a four-page article in an Irish magazine about Naples, I don't think the folks are going to go Wappinger Falls, Idaho [sic], instead. You know, I think they're still going to find Naples. We want to make sure that the TDC is really on top of it. Lastly, I'll just add, and it's -- and I wanted to say this when you were speaking. I'm the new chair representative on the TDC. Commissioner McDaniel was it last year. We decided to switch it every year. Commissioner Hall will do it next year after he's done being chairman here. In the short time I've been sitting in the seat, so impressed with the man behind you, the other people on his staff that he's March 26, 2024 Page 117 representing, and even the -- my fellow colleagues that sit on the panel. So I think, you know -- I don't want to say "I think." I know that you're going to be equally impressed that the team you're joining -- and even before we found you, you found us, the conversation was, you know, we're not just sitting here on our hands waiting for a director to walk in and show us what to do. You're joining a group that has really been paddling in a very strong direction and you know -- but we have a role, too, to make sure that -- MR. TUSA: Right. COMMISSIONER LoCASTRO: -- you know, those dollars are accounted for properly and proven to be, you know, worthy of the expense. MR. TUSA: Yep. COMMISSIONER LoCASTRO: So thank you. CHAIRMAN HALL: So before I go to Commissioner McDaniel, I wish I had the benefit of sitting in in the committee and hearing the dialogue, because I -- but I don't. So just looking at this, I love the fact that Commissioner McDaniel brought this up for discussion, because just to do it because we've always done it sticks in my craw a little bit, especially when I look at 120 -- I look at 10 grand a month. What's the tourism taxes? Is it 4 percent? COMMISSIONER McDANIEL: It's a bunch. CHAIRMAN HALL: Hmm? COMMISSIONER McDANIEL: It's a bunch. MR. MELLEKY: Five. COMMISSIONER McDANIEL: It's 5. CHAIRMAN HALL: So 5? COMMISSIONER McDANIEL: Yes. March 26, 2024 Page 118 CHAIRMAN HALL: So we have -- we have to book $200,000 worth of rooms every month to collect the 10 grand -- to collect the 10 grand worth of expenditure. And so I just look at it from a business perspective. Instead of paying the upfront expense and trying to justify the money with maybe fuzzy -- fuzzy numbers or fuzzy math or assumed -- assumed benefits, why can't we pay them commission and just pay them based on what they actually do and set that commission rate based on not to exceed 10 grand a month? It's one way of looking at it. Or I'm also willing to roll the dice and just say let's -- for this year, let's not renew and take a look and see what we get from Ireland and Germany. I mean, at the rates that I saw that we come back, we're not going to lose a whole lot, but we have a whole lot more to gain. Those are just some thoughts that I wanted to put out there, so... Like -- again, I wish I had the conversation. I wish I had the benefit of hearing the conversation, but I don't. But those are my thoughts. Commissioner McDaniel. COMMISSIONER McDANIEL: If I'm not mistaken, the TDC is recorded and televised, if you have the time. So you can -- you can do that. I'm going to make a suggestion that we continue these items to our second meeting in March and let our new director have a review -- I think we're hitting on how we're doing what we're doing -- if we can do that. Can we do that to -- MS. PATTERSON: The second meeting in April? COMMISSIONER McDANIEL: This is our second meeting in March. Yes. Are these contracts coming up at the end of March? MR. MELLEKY: Yes, at the end of March. COMMISSIONER McDANIEL: So we really can't continue. March 26, 2024 Page 119 MR. TEACH: If I can I provide a comment. Your -- these -- both these contracts, you're at your renewal term, but they both also provide termination-for-convenience provisions that allows the county to terminate for convenience, and the vendor is only paid through the work done through the date of termination. So I'm looking at the contract right now. It says there's a flat annual fixed price paid monthly in equal installments, $120,000 lump sum, but it's paid $10,000 monthly. So you could, if the Board wished to, approve the item, undergo what type of study you wish to undergo to see whether it's a practical method of going forward, and if at some point you wish to terminate for convenience, you could still do that, and under the agreement, they would be entitled to be reimbursed for the work that they did up till the date of termination. CHAIRMAN HALL: Yeah. Or we could not renew and test the will of the vendor to see how bad they want the business. COMMISSIONER McDANIEL: You know -- COMMISSIONER LoCASTRO: That's what I talked about at the TDC. COMMISSIONER McDANIEL: It bodes the question, you don't know until you know. If you don't -- if we renew the agreement, we renew the agreement, and we have the expenditure except for -- because I'm not talking about -- I don't want to say this: We're not going to stop advertising. My thought was what if we spent -- what if we spent 60,000 in those markets in direct that -- in direct, focused advertising and compare that to the generation that's coming from these agreements? And so that's the exploration that I'm necessarily thinking about. I actually had a comment with a friend yesterday along those same lines. Why don't we move these agreements to be more specific on a commission basis, generation of -- generation of actual tourists? So -- and it may not be possible at that stage to get to those March 26, 2024 Page 120 thought processes. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. So this was all conversation that we had in the TDC. I like how we're accelerating the competitive nature of how we spend this money. One of the things I would say is I'm sitting here looking at a brand-new person that just got hired that's going to be the top director. Hearing Scott say, "Legally, you know, renew the document, and at our meeting that was brought up that this -- yeah, it's a contract, but we can get out of it anytime." And I think even at the discussion -- I mean, correct me if I'm wrong. In the past, some of these contracts were more than a year, and one of the things we talked about was, "Okay. Then let's not give them a five-year contract." And even though we can get out, the impression was, hey, this is a promise kind of thing but, hey, legally promises can be broken; but that was one of the changes that we made is that -- not these multi-year contracts. But I would sit here and say, based on what I just heard from legal, you know, you're a key member of the team that just got added. You can see this is a hot topic that we want you to dive into with the current team. And, you know, I would like you to come back to us with a recommendation. I don't see any harm in passing this so that we don't have a break in action, and that's what we talked about in the TDC meeting. But, you know, at the next meeting, coming back, or when you have a deeper dive collectively -- and we'll talk about it in the TDC meeting as well. But everything you're hearing up here is -- if you watch the tape from the TDC meeting, this was our conversation, and we elected for this to go forward to the commissioners. But it was -- it's almost like March 26, 2024 Page 121 the same conversation is that is this really worth the money? So, you know, I mean, I would make a motion to approve this but with a little asterisk and say, you know, you, as the new director, you know, put this high on your list, because we're sitting here approving something that I wouldn't say we have reservations about, but a lot of questions as to its value, and that -- I think everybody here is in agreement. We've had this conversation before, so -- but it sounds like you've got a comment. MR. TUSA: Just a quick comment. So be happy to go back and look at this. I mean, I'm day two on the job, but certainly have some familiarity, obviously, with international markets. I'd be happy to, you know, talk to the team, and then if you indulge me, let me talk to the TDC council at their next council meeting, and then you can have their input as well as the team's input, and then that can help you make a better-informed decision after that TDC meeting, if that timing works for the Board. CHAIRMAN HALL: Go ahead, Commissioner McDaniel. COMMISSIONER McDANIEL: I'm okay with, I mean, with approving the agreements as they are. Let's -- I think Mr. Rodriguez's comment with regard to the base contract being agreed upon, no additional expenses until we've done an investigation. I'm going to give you till Day 4, not Day 2, to be coming up with these answers, so... But I'm okay with going forward, and as our County Attorney has said, if we find a better mousetrap, we have an opportunity to make some adjustments as we go. So I'm okay with doing that. I want it to be said I don't want to have an expiring contract coming to this board three days, four days, five days before it goes out. I don't want it -- I don't want that to happen anymore. I would like for us to be able to have the flexibility to be able to continue an item, have these discussions. There's -- I'm the one that pulled these March 26, 2024 Page 122 agenda items off the consent agenda, but there's certainly -- there's certainly some additional thoughts up here that need to -- need to have some discussion and a little more time with the expiration. I mean, with a known contract, this is -- this expiration date was coming at us for some time. So with that, I'll second the motion for approval. CHAIRMAN HALL: One second, Commissioner Kowal. I get the rationale, but there's just something in me -- we're not talking about a big deal here, but we are talking about -- they've been doing this 10 years. There is something in me that would like to let that thing go -- expire and test the will of the vendor. COMMISSIONER McDANIEL: Me, too. CHAIRMAN HALL: And that way we can -- you know, we can come up -- and we -- it's the perfect time to have the conversation, if we do, with the vendor. We can blame it on ResourceX. We can blame it on, you know, "We're looking at really cutting our budget, cutting the ways -- cutting the redundancies, cutting our -- looking at our processes, and you've fallen that in category. So if you can just bear with us, we'll be back -- we'll be back with you." That's an easy conversation to have with the vendor. The assumption is, oh, they'll go away, and we'll lose all this business. And I don't think so. They've been -- this is gravy train for them. Ten years of 10 grand a month, every month, they're going to swallow hard if they were to hear that conversation. So, Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I'm going to support what we've been -- Commissioner McDaniel and Commissioner LoCastro's saying today. You know, let's don't let this expire. Let's just keep the avenues open with these organizations. March 26, 2024 Page 123 But if this is more -- I'm asking, trying to self-educate myself, because I don't know as much as you guys do about this. But this Tourism International, this is a group that we pay this money to in these two different jurisdictions, Germany, UK, and Ireland -- or three. What's to say that we don't advertise ourselves directly to these tour organizations and say, "Hey, Collier County has a little bite at the apple here" -- because it seems like we're going through a middleman to get the tours to bring the people here? You know, now they know. Say, hey, Collier County has so much money set aside. Let's just get a piece of this -- bite of this apple directly if we can show we're bringing people to Collier County, and not so much relying on Tourism International to represent us in this market. I mean -- I mean, is there a possibility for that to be a way to do this? MR. TUSA: There is an advantage, because those agencies have the relationship with the operators. And, obviously, like, with the German market -- I mean, UK, that's English language, so that's not a super-big challenge there as far as language barriers, but, you know, when you're dealing with German operators, I don't speak German, so... COMMISSIONER KOWAL: I have a phone that has a translator on it right now. I mean, this is 2024, last time I checked. MR. TUSA: But it's also, Commissioner, just the relationships that these agencies have with these operators. You know, they do operate with these -- you know, conduct business with these operators on a daily basis. They have the relationships. A lot of it relationship-based. COMMISSIONER KOWAL: I guess what I'm asking is what do they get out of it working with Tourism International, these operators? MR. TUSA: The operators? March 26, 2024 Page 124 COMMISSIONER KOWAL: Yeah. MR. TUSA: I mean, they get the business. I mean, you know, when -- through -- COMMISSIONER KOWAL: Isn't it all about the business? Aren't we the business? MR. TUSA: We are the business, yeah. I mean, ultimately. I mean, we're the reason why they're coming to -- I mean, if they choose Collier County, Naples, then, yeah, then that's -- we're the business. They're coming here because they want to go to Naples. COMMISSIONER KOWAL: But I'm pretty sure that these independent operators that run these tours are not just doing it because they like somebody that works for Tourism International. MR. TUSA: No, no, no. Don't -- COMMISSIONER KOWAL: That's what I'm trying to find out. What are they getting by participating with them and ultimately coming here, which is the product, which they want to -- the people want to come here? See, we almost, like, have a middleman that's doing something that we could probably do on our own. That's all I'm asking -- I'm just asking. I'm trying to educate myself. MR. TUSA: Yeah. MR. MELLEKY: Oh, just -- yes, the tour operators are making money from the people who are booking the tours, but also, those representatives of the OMMAC and DiaMonde are our representatives there, so they're an extension of our staff in our office there. So that then, also, our staff isn't traveling to there, because to travel there costs $5,000 a month -- I'm sorry, one trip would cost $5,000, between airfare, hotels, and there. So, really, it's a cost savings as well because it's an extension of what we have for our staff there. COMMISSIONER KOWAL: I guess what I'm trying to say is, you know, in this day and age, do we need a human being there March 26, 2024 Page 125 actually advertising Collier County? MR. MELLEKY: You can place advertising there. But, for instance, OMMAC worked with British Airways to move our ad from the bottom of the page up to be the second block, and that's what they do. They help get us better exposure, working with those tour operators, to then bring people here. Also, then, let's say a tour operator is looking for a hotel. They will do the connection with the hotels here so that, then, that tour operator's booking into the hotels here and providing that -- the rooms for their tour and the people visiting here. COMMISSIONER KOWAL: Like I said, this is purely educational questions for myself -- MR. MELLEKY: Yeah. COMMISSIONER KOWAL: -- to see if there's another way to attack this, you know, in a way that we're not boldened just to one organization getting $10,000 a month. MR. MELLEKY: And also the tour operators will sell packages. So as the people come, they're coming not just to Naples. They'll come in either through Orlando, Tampa, Miami, and then kind of do a circuit around Florida. Because think about if you travel to Europe and you go on a tour, that's what these tour operators are doing. They're building those tours. So working with that tour operator to then have them stop in Naples versus a Sarasota versus a Lee County versus a Miami where you can go to the Everglades in Miami, we want them to go to the Everglades here. COMMISSIONER KOWAL: Thank you. MR. TUSA: Real quick, and it is a little bit more than just hotel rooms; it's also packages. And so they may come in and have an excursion where they go out into the gulf to go, you know, fishing or, you know, dolphin tour, manatee tour, something like that, or they March 26, 2024 Page 126 come economic in to go shopping. Obviously, shopping's a big thing with international visitation, golf. So there's more than just hotels in that dynamic. CHAIRMAN HALL: Did you make a motion? COMMISSIONER LoCASTRO: He made the motion, but I just want to clarify that we're going to go ahead and approve 11.E and F, if that's okay with the Board. CHAIRMAN HALL: Yes. COMMISSIONER McDANIEL: My second was 11.E and F. I'm not sure that the motion maker was okay with that. COMMISSIONER LoCASTRO: Yeah. No, absolutely. But I would say what you're hearing here -- and I don't want to say, like, you know, if this passes, there's an asterisk on it, but it is. I don't think we want to see a break in this -- in the action here without having -- you know, giving you a chance to get your feet wet a little bit. But this is something actually been talked about here for a bit. And so -- and, you know, hearing our legal expert say we have an out, I don't think it hurts anything to not have a break in this action and give you a chance to dive in here and tell us, you know, your thoughts, but, you know, we need it sooner than later -- MR. TUSA: I appreciate that, Commissioner. COMMISSIONER LoCASTRO: -- because this is real money. CHAIRMAN HALL: All right. I've got a motion to approve of 11.E and 11.F at the same time, and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. March 26, 2024 Page 127 CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Good job. MR. TUSA: Thank you, Commissioners. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Commissioners, we do have a staff update that is not on the agenda. It came about late, on our Headworks project. Now might be a good time to do 15.B, staff project updates, get Mr. McLean up, because we do have our 2:30 time-certain coming up and we, perhaps, want to take a court reporter break before we start that one. MR. McLEAN: Again, Matt McLean, your division director for Engineering and Project Management with the Water and Sewer District. Appreciate the opportunity just to give a little quick update to the Board relevant to one of our major infrastructure projects, our North County Water Reclamation Facility, pretreatment facility. We've come before the Board -- we're making it a point to come every six months or so, or every quarter, as necessary -- by the Board just to give an update of what's been going on. We've actively been under construction now since late August. Happy to just give you the highlight report that we are still working within the confines of the project schedule and the project budget. We have had a few unforeseen circumstances come up on the job to date relative to some boulders underground, infrastructure that we weren't expecting where we were drilling some of our stone pile installation. We've passed that milestone. We're converting that on March 26, 2024 Page 128 over into a change order as we speak. We also had one minor work directive relative to an existing pipeline that, when we dug it up, was not the same size or type. So we had to do some minor adjustments on some fittings and stuff on that. But, again, this is a project that the Board has supported us. It's a major infrastructure project that will be leading us into the future for the continued utility. I want to share a couple quick pictures with you so you can see what's going on, and then at the end, more than happy to schedule any type of on-site tour with Dr. George and myself and others, as necessary, to really get you some boots on the ground. But we've been actively working very diligently on this project over the course of the last several months. Enclosed are some pictures of the stone pile installation. We have over 200 stone piles that were installed, providing the foundational needs to support us as we continue to start the build -- the building up. On the far right, you can see the vibratory equipment that actually shakes down in the ground 30 to 40 feet, and then it gets backfilled back up with stone as we continue to build up the stone columns. Where we ran into some big boulders, they had to bring in additional equipment to actually drill through those areas. You see a few pictures of that on the left. But we've been successful now in now completing that section of work which has led into the installation of the underground pipelines that are, effectively, underneath the building. I mean, this pretreatment facility is the heartbeat in the beginning of the plant. It is the first pretreatment process. We have several pipes that come in bringing raw wastewater in, and from this facility, we'll have a multitude of March 26, 2024 Page 129 different pipes that are going to all different process equipment stages within our water reclamation facility up at the north county site. So here you can see several of those pipes as they've been installed. Those pipes themselves, we've got a few good aerial shots of those same pipes. They're all encased in concrete, so you're seeing some of the encasement of concrete where these pipelines are underneath the building. We need to make sure that they're extremely stable and solid, so the engineer plans included the encasement of those pipes that are underneath the building footprint, if you will. Here's a couple other shots of that where you can see where the rebar and forms are being installed around those pipelines that have been installed underneath the building in preparation for the concrete encasement, and the pouring of the concrete around several of those pipes. And then here's a good shot as you're looking east towards the regional park that kind of gives you an idea of the magnitude of the footprint of the future building. All these pipes are getting stubbed up now. We've currently almost completed now with all of our duct bank work in preparation to get done by the end of this month so that we can turn it over to the concrete folks to do the foundations and start to do our structural fills and foundation pours for the slabs. That's when it's going to start to get exciting for us, because you're going to get to see a lot of work going on here and significant concrete pours. And with that, I'm here to answer any questions. CHAIRMAN HALL: Does the tour come with popcorn? MR. McLEAN: I'm sure we can probably arrange good, clean water and potentially popcorn. CHAIRMAN HALL: Thanks, Matt. COMMISSIONER McDANIEL: IQ water. March 26, 2024 Page 130 MR. McLEAN: Not IQ water. We have good potable water. Thank you. But we appreciate the opportunity to be before the Board. It's a very critical project for us. COMMISSIONER KOWAL: No fluoride. MS. PATTERSON: Commissioners, our final items are public comment not on the -- that wasn't heard earlier, which I don't know if we have anybody. We can check again after our 2:30 time-certain, and then we have commission and staff communications, which I assume you'd like to hold till the end. So at this point, we just have about 18 minutes till our time-certain if we'd like to have a court reporter break, and we could start fresh at 2:30. CHAIRMAN HALL: Let's do that, and we'll come right back at 2:30. MS. PATTERSON: All right. (A brief recess was had from 2:12 p.m. to 2:30 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All righty. Let's let this party begin. Item #11A DOCUMENTS RELATED TO THE DEVELOPMENT OF HOUSING AT THE FORMER GOLDEN GATE GOLF COURSE: SECOND AMENDMENT TO DEVELOPER AGREEMENT WITH RURAL NEIGHBORHOODS, INC., 2) TERMINATION OF COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE, 3) COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE (PHASE 1 – ESSENTIAL SERVICES HOUSING), HUD LEASE ADDENDUM AND PHASE 1 EASEMENT, 4) COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE (PHASE 2-SENIOR March 26, 2024 Page 131 HOUSING) AND PHASE 2 EASEMENT, AND 5) LAND USE RESTRICTION AGREEMENTS FOR EACH PHASE AS REQUIRED BY GRANT FUNDING SOURCES, ONCE DEVELOPED AND APPROVED FOR LEGALITY. (COMPANION TO ITEM 11B) (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL – APPROVED (COMMISSIONER KOWAL OPPOSED) Item #11B INCOME SHARING AGREEMENT FOR PHASE I, RENAISSANCE HALL AT OLD COURSE, AT THE FORMER GOLDEN GATE GOLF COURSE, ALLOCATING SHARED INCOME AS FOLLOWS: 50% TO RENAISSANCE HALL AT OLD COURSE, LLC, 25% TO COLLIER COMMUNITY FOUNDATION, INC., AND 25% TO COLLIER COUNTY, THE PARTIES TO THE AGREEMENT. (COMPANION TO ITEM 11A) (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL – APPROVED (COMMISSIONER KOWAL OPPOSED) MS. PATTERSON: That brings us to our 2:30 time-certain. These are companion items, Item 11.A and 11.B. 11.A is to approve the following development related to the development of housing at the former Golden Gate Golf Course. One, second amendment to developer agreement with Rural Neighborhoods, Inc.; two, termination of Collier County standard form long-term ground lease; three, Collier County standard long March 26, 2024 Page 132 form -- form long-term ground lease, (Phase 1 - essential services housing) HUD lease addendum, and Phase 1 easement; four, Collier County, standard form long-term ground lease (Phase 2 - senior housing) and Phase 2 easement; and, five, land-use restriction agreements for each phase as required by grant funding sources once developed and approved for legality. The companion item, 11.B, is to consider approval of income-sharing agreement for Phase 1, Renaissance Hall at Old Course at the former Golden Gate Golf Course allocating shared income as follows: 50 percent to Renaissance Hall at Old Course, LLC; 25 percent to Collier County -- Collier Community Foundation, Inc.; and 25 percent to Collier County, the parties to the agreement. Mr. Ed Finn, your deputy county manager, will begin the presentation on these two items. We will be starting with Item 11.A. MR. FINN: Thank you, ma'am. Thank you, ma'am. Appreciate that. Mr. Chairman, if I may. Last time we met on this project was February 27th, and on February 27th, the Board was kind enough to grant a funding extension for the project to today. I'm going to not necessarily recite everything Ms. Patterson just said, but we do have a number of documents for approval today. The companion item is Item No. 6. These documents, generally speaking, kind of reverse out the current lease on the entire parcel and substitute, instead, two separate leases. The two separate leases coincide with Phase 1, which is the essential -- essential personnel or essential workforce housing. The second phase, Phase 2, is for senior housing. Just a little timeline here. December of 2019 we advertised the ITN for this project. June 2020 the Board selected Rural Neighborhoods and directed staff to negotiate a developer agreement. March 26, 2024 Page 133 That developer agreement was approved on November -- or in November of 2020. One of the contingent factors in that developer agreement was the completion of the zoning on the golf course to allow for housing. That PUD was approved on April 26th, 2022. On April 25, 2023, the Board approved a first amendment to developer agreement, that initial long-term ground lease, which was a single lease for both phases of the project, and $1.5 million in SHIP funding. On October 24, 2023, the Board approved the comprehensive funding allocations to support the Rural Neighborhoods, Inc., project. And as I mentioned before, on February 27th, the Board extended the financing deadline to today. Since then, on February 29th, Prudential Real Estate, the underwriter for the loan, approved the loan amount of $56,000 for the project and submitted a firm application for a multifamily housing project to the U.S. HUD. The developer has also obtained executed agreements under the U.S. HUD community project grant, $2 million; Florida SHIP, 1.5 million; Collier Community Foundation and Moorings Park Foundation support of $10 million. Additional, Collier's International has issued a notice of intent to loan up to $10 million as a secondary mortgage on the project. The BCC has approved awards of State and Local Fiscal Recovery Funds, and the developer awaits preparation of the grant agreements for those. The developer also awaits U.S. HUD approval on the first mortgage loan guarantee, which it expects to obtain by or before May 30, 2024. The documents proposed for approval request to extend the funding commitment deadline from today to May 30, 2024, to accommodate those timelines. And if I may, a little bit on permitting. Submissions to FDEP and the South Florida Water Management District local building March 26, 2024 Page 134 department have been made and are in progress. DEP has accepted the Soil Management Plan that mitigates environmental concerns on the residential tract. SWFWMD is currently reviewing the Environmental Resource Permit. The application for a floodplain modification has been submitted to FEMA for review, and the Site Development Plan, after a couple of submissions, I understand now has been approved. So having said that, just -- I'm just going to take a moment to go over the first developer agreement. That modified some the terms, principally, and provided adjustments to Exhibit B, which are the units. It firmed up the number of units to 252 essential service provider units, which is Phase 1, and 120 senior units, which is Phase 2. It adds lower-income units, which are 50 percent of AMI, 50 percent of rent level, eliminates units at the high end. That was a necessity for the SHIP financing, as I understand it. It shifts about 35 units from 80 percent AMI and 80 percent rent to 120 and 100 percent rent level, and it shifts approximately 142 units from 120 AMI/80 rent to 120 AMI/100 rent level. So those -- all those changes at the time were presented as assisting and meeting essential service personnel. Housing approached them, that this project was developed under, and it also assists in the financing for the project. At the same time, as mentioned before, we extended the -- that was the initial extension to late February that subsequently has been moved to today on the funding commitment. This is just a little chart of what those changes to the housing units look like. So if we separate it by rent AMI criteria, you can see that the 80 percent and lower was 33 percent on the previous approach. It is now 20 percent with 22 units moving to the lowest -- lowest tier, which is 50 percent. The tier of 100 percent to March 26, 2024 Page 135 what is now limited to 120 is, essentially, that essential service provider category. That moved from 67 and moved upward to 80 percent. The senior housing is shown just for completeness. That will proceed subsequent to the funding -- the funding of this project. Just to give you a sense of the Phase 1, the construction pro forma looks like that. You can see the sources of funds are listed at the top with the HUD loan, the SHIP grant, the Foundation contribution. What's identified there is the cash flow surplus note is essentially interim financing a short-term loan to get through the financing requirements here. The grants from the county there are the next two. The HUD EDI grant was obtained by Renaissance -- Renaissance Hall or Rural Neighborhoods directly. Rural Neighborhoods' voluntary loan is plugged into this, and you can see in the permanent total is the deferred developer fee, which is essentially being held by the developer. The expenditures are noted below. Again, this is the funding approach that the Board approved last year and, perhaps, at the top is the Phase 1 or the essential services that we're dealing with now. Down below is the senior housing. And, graphically, the Phase 1 commitment looks like this. If we were to source out the 18.4 million committed by the county, that is the way it would source out. The surtax portion is earmarked for the property, and the surtax was always earmarked -- always earmarked both for this project and certainly for housing in general. COMMISSIONER LoCASTRO: Mr. Finn, can you just go back one slide. I was looking at something, and then you switched slides on me really quick. It will just take me a second. I just wanted to refamiliarize myself with these numbers. Okay. Thank you. MR. FINN: So the key lease and development terms embodied March 26, 2024 Page 136 in those numerous documents you saw, this is a 99-year lease term -- 99-year lease term; 21.7 acres in total. The breakdown for Phase 1 and Phase 2 is the second bullet. The nominal rent is $10 a year. As I noted before, embodied in these documents is a funding -- extending the funding commitment to May 30. The county may terminate the lease if Rural Neighborhoods cannot secure a funding commitment for Phase 1. If the Board approves this, that date would then become May 30, 2024. Phase 1 construction to commence within six months of the funding commitment. Rural Neighborhoods is required to diligently pursue and complete construction within 24 months from the commencement of construction, and the Phase 2 funding commitment is required within 12 months of obtaining the Phase 1 funding commitment. The companion item -- and I'm going to attempt to roll these together a little bit just for orientation -- is the income-sharing agreement, and this has to do with the distribution of cash flow following project completion. What's contemplated here is that cash flow being distributed for 40 years, which is the initial term -- I'm sorry -- the initial loan from HUD, the term of that loan. Project distributions to the parties in the pro forma, which is subject to change, is approximately $221 million over those 40 years. The 25 percent projected to be distributed to Collier County, again, in the pro forma represents $55 million. The same share is provided to the Collier Community Foundation, to the Rural Neighborhoods' donor directed Collier County Housing Fund and the Rural Neighborhoods General Fund. Pursuant to the agreement, cash flow distributions will be utilized for the provision -- continued provision of affordable -- affordable housing. With that, I'll be happy to entertain any discussion, or we March 26, 2024 Page 137 could -- perhaps if there are some speakers on the subject, we perhaps could hear from them. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. My first question is semantics. Shouldn't we be approving No. B first with regard to the extension of the financing before we dive off into this litany of agreements in A? Because if we don't approve the financing, approving these -- COMMISSIONER LoCASTRO: Doesn't matter. COMMISSIONER McDANIEL: -- documents doesn't matter. MR. FINN: What you call semantics seems like a logical -- logical approach to me, yes, sir. COMMISSIONER McDANIEL: Sorry about that. I'm not sorry. I'm just asking that question. I was -- it was curious for me. You know, we're having a -- we're having a discussion about an engagement on a lot of documents that have -- that are all triggered by the approval of the financing. Construction to start in six months, second phase construction within 12 months, so on and so forth. And so I'm just wondering if it wouldn't be prudent for us to work on the extension of the financing first and then come back around to this and have a discussion about that. MS. PATTERSON: Mr. Finn, the extension of the financing is embodied in the documents in 11.A, but we can discuss the extension of the financing separately, and from there -- roll from there. Because Item 11.B is the income-sharing agreement, which is distinctly separate from everything else that's in 11.A. But to your point, everything is driven by the extension of the financing. COMMISSIONER McDANIEL: That's correct. CHAIRMAN HALL: Well, if it pleases my colleagues, I would like to have the conversation of both together. We can ultimately vote on one or the other. March 26, 2024 Page 138 COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: But for the sake of conversation, I welcome any comments regarding both items. COMMISSIONER McDANIEL: All right. Do we -- are we going to have a presentation by Rural Neighborhoods, or are we just going to be firing our questions to staff? MR. FINN: Mr. Kirk is in the room. I believe he's registered to speak. But, certainly, if the Board wants to address him directly, I'm sure he'd be more than happy to respond to your questions. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I might have pushed my button prematurely, because after I pushed it, I looked at Troy, and I thought, okay, do we have public speakers? Because when we have speakers from the public, it sort of generates sometimes a change in our question, or it moves something else to the top. I'll just go on record and say, I'm a big fan of this project. I don't want to waste money. I don't want to do something stupid, so it doesn't mean we don't talk about it. But you dump this project in 50 other counties, and they're dropping rose pedals at the feet of these folks. I'm not saying that means we automatically rubber stamp this -- and we get accused of it, and I've never seen us rubber stamp anything up here. So if there's pencils to sharp and, you know, I's to dot and T's to cross, then let's do it. But we've lost some good projects in this county before. We've lost purchasing land under Conservation Collier because we've dragged our feet, and, you know, we split hairs on things. And in the end, you know, we didn't do what was best for the county and what was needed for our county. This one I start to feel like it's starting to feel that way. And you've got, you know, folks that could take a deal like this and March 26, 2024 Page 139 virtually maybe fit it in places other than Collier County. I'm not saying that that's what they're doing. But I'd really like to see us have a healthy conversation and have this thing move forward. And if there's -- if there's concerns, you know, as we often do, we address those. But, you know, we don't do it at the sake of, you know, kicking the can, stalling the project, missing out on an opportunity. So maybe that's premature, because I do want to hear public comment. I do want to hear if they do have a presentation that maybe we haven't heard before. I think all of us have spent a ton of time with the folks in the audience here, you know, with you, Mr. Finn. So I don't think there's a lot of, you know, ambiguity in this project, at least there isn't for me. I guess, just since I have the mic, I'll ask one of my questions that is probably premature. But can you go to Slide 6 that showed the change in the percentage of housing. So, you know, those are substantial changes. I mean, we like to see that -- you know, seeing that 80 percent of the essential services housing is in the 100 -- 140 percent. You know, you want that number to be lower, not higher. But I'm sure there's a reason for it. I did ask that question and got an answer in my office, but for the sake of going on the public record, why that change? It's not ginormous, but it's noticeable, and it's not in the direction we normally like to see. So what's the short answer as far as, you know, was that -- was that part of sharpening pencils and crunching numbers and some of the things that we're going to talk about today required the team to make those number changes in a direction we normally like to see go in an opposite direction? You know, we like to see more units that are in that 50, 60, 80 percent AMI, not less units. What can you tell us, Mr. Finn? March 26, 2024 Page 140 MR. FINN: Two things. When it comes to the mix of units here, I'm ultimately going to defer to the experts, Mr. Giblin or Mr. Kirk. The 140 percent range was simply outside of the parameters that we were shooting for, ultimately, with this. So, instead, we were shooting for more realistic numbers for essential service providers. And -- COMMISSIONER LoCASTRO: So those new numbers are -- I mean, if I'm reading this right, they're at 0 for the 140 percent, right? MR. FINN: Yes, that's correct. COMMISSIONER LoCASTRO: So I'm sort of asking things I already know the answer to. But this slide is really key, especially, to make sure we all understand it. You know, the final numbers in that last column can be concerning, but then if you sort of peel it back a little bit, you start to understand how the math is being, you know maneuvered here. I'm not saying I still love it, but, you know I know that there's a reason for it. But seeing, you know, 0 in the 140 percent and the bulk being in the 120 to the -- you know, the -- in the 120 percent I get. But -- and I'm sorry I interrupted you, because you were basically explaining that. But go ahead. If you'd finish your thought, or if you need to defer to Mr. Kirk. MR. FINN: No, I have. And I think, perhaps, we'll let the experts deal with the actual rent parameters here. It might well serve us all a little bit better than me. If that -- Mr. Chair -- COMMISSIONER LoCASTRO: Or you could wait. You know, I mean, like I said, I just was here thinking out loud, and then I looked at Mr. Miller and I thought, oh, I bet we've got some speakers and, you know -- but that may be something to just put in your back pocket so we're not jumping around, you know, from speaker to March 26, 2024 Page 141 speaker. But I agree with the Chairman, it's like, let's talk about this in one big entity rather than, you know, try to nickel and dime this thing. And it's one -- it's one big muscle movement here. We're either doing it or we're not, or we're changing it somehow. But having said that -- MR. FINN: No, I appreciate that. And I will -- Mr. Giblin just kind of reminded me of something. So when you look at the chart, you'll see that all the way up to 140 was capped at 100 percent of the market rent -- or the target rent. So right now the shift was that rent only applies to 120 percent. COMMISSIONER LoCASTRO: Twenty [sic] percent. MR. FINN: Right. So it kind of caps that subsidized rent. COMMISSIONER LoCASTRO: Okay. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: All right. My questions are -- on the pie chart you had 4.25 million appropriated out of sales tax money to offset the land expense. How did we derive that? I know this board -- we just approved a development down on 951 for half as many units for in excess of $3 million on a smaller piece of property. How did -- how did we come up with the 4.25 appropriation for that? MR. FINN: So that was historical cost, plus the cost of money on the -- on the loan used to acquire the property. COMMISSIONER McDANIEL: Okay. Do we have flexibility in our management of the return for the sales tax money or the utilization of the sales tax -- it just seems to not be as equitable -- it doesn't seem to be equitable to me for the value of this piece of property. MR. FINN: Well, that does represent the cost, the cost to us, and that is -- that is essentially fixed at this point, and -- March 26, 2024 Page 142 COMMISSIONER McDANIEL: Okay. MR. FINN: -- I don't know that it's necessarily going to answer your question, but we did meet with the surtax committee last week. We had a robust discussion over this and, ultimately, they did -- they did approve the use of this money in this amount. COMMISSIONER McDANIEL: All right. I've got -- I have a few other questions -- CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: -- if I can just go ahead, I'll fire them away. There's some discussion in the litany of agreements with regard to the developer's rights of subordination. And I clarified it with the County Attorney yesterday. But just for the record if, Scott, maybe you can just reiterate what you said with regard to the language in the agreement with regard to the subordination. MR. TEACH: You can -- you can't lien public real property. So you can't get financing, you can't get a mortgage by using the county's public property, but you can get financing on the leasehold interest, on the rents that are derived from the leasehold. So to the extent -- when you read through the agreement, there are references to opportunities to get mortgages or financing through using the leasehold interest. That is lawfully acceptable, but they cannot lien against our public property, our real property. COMMISSIONER McDANIEL: So, basically, it's a subordination for the leasehold interest and not to the -- not to the real estate. MR. TEACH: Not the real property. COMMISSIONER McDANIEL: Not the real property itself. MR. TEACH: Right. COMMISSIONER McDANIEL: The other question that I had had to do with in the event of a natural disaster and a destruction of March 26, 2024 Page 143 the facility. It seemed that the developer had the choice to -- and this may be a question for you, Steve. It seemed that you had a choice as to whether -- if it was equitable to fix and repair with whatever revenues, insurance and FEMA and such, that you had availed or not, to do that. And I guess my question is, if not, then what happens? Who owns it? How do -- if it wasn't equitable for you -- and it's assuming the developer is still Rural Neighborhoods or Renaissance, or whoever the developer is; that if -- if you chose not to, where does that put us? Where does that put the county as far as the ownership of the facilities goes? Yeah, sure. You can come up. MR. KIRK: No, no. If you'd like, I'll save it. COMMISSIONER McDANIEL: That will be fine. And, you know, my last question to ponder is the revenue sharing extinguishes at 40 years, and I'd like an explanation as to what's the trigger date there and what happens. Again, we're out 40 years from now on a pro forma that we're hoping comes to fruition during that 40-year period. But what happens -- because this is a 99-year lease, and these units are going to be held in some form of affordable status for that term. So my -- I just -- I wanted to know the rationale about the extinguishment of the revenue sharing at the end of 40 years. That's all I've got for now, sir. MR. FINN: Very good. And I think those two questions are -- the first one may well be Scott and Steve but, certainly, the second one is for Steve. Should we allow Mr. Kirk to -- CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Are you good? MR. TEACH: I guess what I would add to the -- to the question regarding the insurance proceeds regarding if there's a March 26, 2024 Page 144 natural disaster or whatnot, the county, we can't insure a private entity. Lawfully, we can't do that, so we require them to hold insurance on the property. So if a situation comes up where the -- whatever they've built is so destroyed beyond repair, they're going to have obligations, and I would assume HUD would have priority over the county. And so he's not going to be able to walk away with the proceeds of the insurance because HUD is going to be stepped right there saying, you know, you need to pay us back first. COMMISSIONER McDANIEL: Right. MR. TEACH: So this is not unusual in these type of agreements where you have a situation where, you know, there's an examination of whether it's beyond repair, and at that point the proceeds flow back to the developer who, in turn, is going to have to pay his financing people back, or if it is repairable, the proceeds go directly to making the corrections and repairing the facility. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. My colleagues and myself are going to ask a lot of questions. There's a lot of moving parts to this. I came into it last year; didn't know a whole lot what was going on the three prior years. And I know we're in our fourth year now. I mean, ultimately, I think the whole idea of this whole project -- and we all agree -- that it's to get affordable workforce housing. So a few of my questions are just going to be pointblank, getting to the point, basically to the end of the road and what we're looking at, because today I saw these numbers with 120, and you're looking at 80 percent at the 120. So, Mr. Finn, do you know what the AMI is -- or the average income in Collier County is? March 26, 2024 Page 145 MR. FINN: I do. I actually have a slide in here with -- the same piece of paper Mr. Kirk just handed me. A little bit of a test here. COMMISSIONER McDANIEL: Yeah, I was thinking, you know what buttons to hit. COMMISSIONER KOWAL: This all comes down to it. MR. FINN: So the -- for instance, if we go at 80 percent -- COMMISSIONER KOWAL: No, the majority of our apartments are at 120. So let's just -- let's start with what the average income in Collier County is, and then we'll go -- we'll add the additional 20 percent to find out what number is left to achieve. CHAIRMAN HALL: A hundred grand. MR. FINN: So for round numbers, we're at the -- the average is about $100,000. COMMISSIONER KOWAL: So about $100,000. I see we have a representative from the Sheriff's Department here. And I don't know if you want to join this conversation or not but, I mean, you could probably shed some light on what a deputy sheriff makes in Collier County. UNIDENTIFIED FEMALE SPEAKER: Not starting at 100,000. COMMISSIONER KOWAL: They're not starting at 100,000, right? So that's what this all comes down to. I'd like to have 80 percent of them apartments affordable for our essential personnel, our essential workforce, but I don't know if we're getting there. I'm trying to wrap my head around it but, you know -- like I said, we're going to talk about a lot more moving parts here, but I'm talking about the end of the day, you know, the end of the road, where we get. MR. FINN: I appreciate that. I think we're going to let the March 26, 2024 Page 146 housing experts work in here between Mr. Kirk and Mr. Giblin, and I'm sure they'll be able to respond. MR. GIBLIN: So on the visualizer, we've put a little bit simpler representation of the income and rent-limit chart. For the record, Cormac Giblin, your director of Housing Policy and Economic Development. One thing to keep in mind of this development is that while in portions of the units the incomes are regulated to the 120 percent level, the rents are regulated at the 100 percent level. So although a household may be able to earn up to the 120 percent, their rent is still going to be capped at that 100 percent level to make sure that it's more affordable than what would be otherwise market rate out in the community. And so you can see the way the income limits are calculated on a household basis, it goes by how many people live in the home. So at even -- let's just take the 100 percent row, a single person, that income limit is $69,890 a year. So a household of two, a husband and wife, or a parent and -- a single parent and a child, their incomes would be capped at 79,890. So I think, Commissioner, that's where you're getting more to the essential service personnel, the Sheriff's Department, the teacher. So you have to realize that it's on a per-person basis. COMMISSIONER KOWAL: Okay. MR. GIBLIN: So in the example I just mentioned, the units at the top that are going to be offered here, their incomes would be capped at the 120 percent limit, but if we slide over a little bit, you can see that their rents would be at the 100 percent limit which, in this scenario, would be $1,797 a month for a two-bedroom. COMMISSIONER KOWAL: Go back to the left again. COMMISSIONER McDANIEL: Just make it a little bit smaller, Ed, if you can. March 26, 2024 Page 147 COMMISSIONER KOWAL: Yeah. You're at 80. You were at 80. That's what I thought. You were four rows up. Go three rows up and give me that number for a two-bedroom. That's $2,247. That's more than a three-bedroom house at $300,000 [sic] a month with a mortgage at 7 percent. MR. GIBLIN: And that's -- that's what it would be for a two-bedroom at the 100 percent rent level in this development. COMMISSIONER KOWAL: I'm just trying to get to the point where this is -- I'm trying to get the public to see what we're really looking at, you know. This is what's important. Because at the end of the day we want to be able to have our teachers, our firefighter, our entry level. The ones that are established here are established here. It's retention. That's the whole idea, retaining these good people here in Collier County to serve us to take over the next generation and when they're starting out. And I can guarantee the Sheriff's Department don't make $69,000 year one, even a single person. So that's what I'm trying to get at. I'm trying to find us that happy medium where we're getting reality here that these are going to be affordable for the workforce. MR. GIBLIN: Yeah. And then just to summarize what's proposed here, there are going to be 22 units at the 50 percent of median level -- COMMISSIONER KOWAL: Okay. MR. GIBLIN: -- 28 units at the 80 percent of median level, and then 202 units at the 120 percent of median income level but capped at the 100 percent rent, in addition to the 120 very-low-income senior units in Phase 2. MR. KIRK: If the Board would indulge me, Steve Kirk with Rural Neighborhoods. The goal of this project at the outset of the ITN was to serve March 26, 2024 Page 148 both affordable and workforce, and workforce was described to us as being those persons who work in healthcare, those persons who work in education, and those persons who work as first responders or as police officers in the community. So let's take a teacher, for a moment, in Collier County. His or her starting salary today is $54,000. At that $54,000 level -- and I'm looking at this screen, Ed. I don't know if you could put it back up -- the 80 percent level is $55,000. So we are there. COMMISSIONER KOWAL: How many units is that? MR. KIRK: At -- COMMISSIONER KOWAL: At 80. MR. KIRK: -- 80? There are 28 -- COMMISSIONER KOWAL: Twenty-eight units. MR. KIRK: -- and 22. But that teacher is under that 80 percent level by approximately a thousand dollars. If that teacher has any other income, investment income, they're going to be at the 100 percent level. COMMISSIONER KOWAL: I hear what you're saying, but what I'm trying to say is if we're truly going to enter into a project in a partnership to do this, why is the largest portion at the highest level when we know that teachers, nurses, administers, people who work in the hospital, the phlebotomists, the X-ray techs -- deputy sheriff's probably one of the highest at starting, those are even lower, and we're only providing about 50 units out of how many that's affordable for that person starting out? MR. KIRK: Respectfully, I disagree. COMMISSIONER KOWAL: I don't think we're hitting the target. MR. KIRK: Well, respectfully, I agree with the premise. That's a single person. If a teacher has a spouse, partner, male or female, who's working in another job, they need that 100 percent March 26, 2024 Page 149 limit to be eligible because they will not be below 80 percent with any other income in that household with a $54,000 starting range. They will be above the 80 percent level and ineligible for the 80 percent limit. For a family of four, yes, the 80 percent limit is 95,6- -- or excuse me. A family of four is $79,840. A couple with two incomes, one of which is 54,000, are likely to exceed that. So the sweet spot in our conversations with healthcare, school board, and others in getting to these numbers, which were negotiated with us by the assistant county manager and other staff initially on -- not really our numbers -- was that you need that 80 to 120 percent income to accommodate the workforce that the Chamber of Commerce, that the school board, and that the -- and that the Naples hospital system and others want in order to accommodate those healthcare educational workers. And so very few of those people are going to be a single income with no other additional income in their household, and that's where that range of 80 to 120 percent is really, we think, the sweet spot of the project. COMMISSIONER KOWAL: So how many of the -- set at the 120 -- we'll say 100 to 120, which is the 80 percent of the units, how many of them are two-bedroom plus? MR. KIRK: I can tell you. Just give me one second. One hundred sixty-eight of the 252 units are two-bedroom plus. COMMISSIONER KOWAL: I'm trying to accomplish a goal here. MR. KIRK: No, no, I understand. COMMISSIONER KOWAL: We all know what we want in the end, you know, and sometimes these numbers, when I look at them, I don't get a fuzzy feeling about it. I'm just telling -- MR. KIRK: And, again, I'm not an expert in the Sheriff's March 26, 2024 Page 150 Department. COMMISSIONER KOWAL: But I'm not saying -- I just picked them because I'm familiar with what they make, you know, and I know the struggles they have retaining new, young people to this area. MR. KIRK: We've done a similar project in a different county trying to serve firefighters. The average firefighter in that county makes over $100,000 a year with overtime. They would barely be eligible, even at the 120 percent rate, if they have that much overtime income, as they traditionally do. And so, again, Rural Neighborhoods entered into this project with a proposed amount of units between 60 -- between 80 percent and 120 percent at the ITN. We sat down and have always been flexible with the county staff and the private sector and directing where these units need to be hit. We, basically, had a moment in time with the county in which, because of county grant requirements, they wanted us to shift some units down from 60 to 50 percent, which is one of the evolutions of this. We accommodated that. It helps them with meeting their grant goals. We did, then, have some income units, and we lessoned the number of 80 percent units in order to make up for the income of going from 60 to 50. But, realistically, we think the marketplace is within this 80 to 120 percent if we want to retain teachers as they grow and get two or three years of service and their incomes exceed the 80 percent limit. And I think that's also true with healthcare workers. Our one healthcare worker, who will basically start to hit the 50 percent range and we think will be accommodated by that, is a certified nursing assistant, that person who is basically a caregiver without significant credentials. But, again, if you go into the medical technologists and March 26, 2024 Page 151 those ranges, those ranges today -- hospital system may be able to testify to it. Those are generally above this $55,000 limit for a one-person household. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Mr. Giblin, how long have you been with us? MR. GIBLIN: Well, altogether, about 17 years. COMMISSIONER SAUNDERS: Okay. And you attend all these meetings. You've attended multiple meetings in my office with the group on this project. You have a good handle of what we're trying to accomplish; is that accurate to say? MR. GIBLIN: I'd like to think so, sir. COMMISSIONER SAUNDERS: Okay. Well, I've asked you -- or somebody. I say I've asked you. I think I asked you to take a look at the market rates that are out there, because I know you do that on a regular basis because you have to compare those market rates with these affordable rates. And give me a little bit of an explanation as to where the market rates are for these two- three- -- well, one-, two-, and three-bedroom units, and then I want to ask you some pointed questions concerning our goals. MR. GIBLIN: Yes, sir. Part of the analysis that my office does is, at least once a year we do a survey of every apartment complex in the county, both Naples and Immokalee. We call every apartment complex. We say, "How many units do you have available? What are you currently charging for them? How many one-bedrooms, two-bedrooms, and three-bedrooms do you have available today, and what are you charging for them today?" What we find is that -- it's the same answer almost year after year, and I've been doing this same survey for about six or seven March 26, 2024 Page 152 years -- is that the availability is zero or close to zero at the lower ends, and you start to find a little bit more availability at the higher ends of the rents. COMMISSIONER SAUNDERS: Define when you say "lower end" and "higher end" because -- MR. GIBLIN: I'll break it down by income category. Say at the very low -- at the 50 percent level, at the 80 percent level, and at the 120 percent, and then even above that we have market rate. We see very little vacancies at the low ends and some moderate vacancies at the higher ends. But when I say "higher ends" -- I have the most recent survey here in front of me -- we're looking at two-bedrooms that don't even approach $3,000. I mean, they're way higher than $3,000 is what -- COMMISSIONER SAUNDERS: Give us a range. When you say "way higher," I mean, is that $25,000, or is it 3200? I mean -- MR. GIBLIN: It's about 3200. I'm looking at the list right now. That was the survey that was done this January. There are several in the over $3,000 range for two-bedroom. So anything that we can add to the market that is on the lower end, less than those, would help with our affordability issues. COMMISSIONER SAUNDERS: What about the three-bedroom? MR. GIBLIN: The three-berms are -- they're in the 4,000. Some are in the 4,000s. COMMISSIONER SAUNDERS: And so you know what we're trying to accomplish, you know the income levels of these various types of employment. In your opinion, are we -- does this project meet our goals? MR. GIBLIN: I think that this project, when you look at it in its totality as not just the essential service personnel phase, but there's also the senior phase, which is completely very low income, yeah, it March 26, 2024 Page 153 is meeting all of the income targets that the county likes to hit. And then specifically when we zoom in on the workforce piece -- COMMISSIONER SAUNDERS: I want to deal with Phase 1, because who knows what's going to happen with Phase 2. MR. GIBLIN: Yeah. What we called it is deep targeting. They -- as Mr. Kirk mentioned a minute ago, in exchange for some of the grant funding that was approved for the project last year, they agreed to actually lower some of the units down to that 50 percent level, and that's -- that's really unheard of out in the market. Again, the survey we just did, zero availability at that very-low-income level. So 22 units hitting the deep targeting of that, along with the other 28 at 80 percent, those are hitting a real sweet spot. And then through the partnership -- public/private partnership with the Community Foundation, the hospital and others, those are the ones that are clamoring for the types of units that make up the balance of the project. COMMISSIONER SAUNDERS: Mr. Giblin, do you evaluate these types of projects in other counties? I mean, are you familiar with what's going on in Lee County and other counties? MR. GIBLIN: I have -- yes. COMMISSIONER SAUNDERS: And can you -- and I've not asked you this question. I don't know what the answer's going to be, which is always a little scary, but we'll find out. In your opinion -- because you're our expert -- how does this project compare with other projects that you've observed around the state? MR. GIBLIN: I think this is a very unique project. And I think even as Commissioner LoCastro mentioned a few minutes ago, that other counties would love to have a partnership of this magnitude unfold where the county is a partner, the private sector is a partner, the philanthropy is a partner as well. March 26, 2024 Page 154 COMMISSIONER SAUNDERS: "Unique" doesn't help me out a whole lot. I'm trying to find out how this compares with other projects in terms of the rents and the community that's being served by it, because that's what the ultimate goal is here. Whether it's unique or not is not important. What is important is are we meeting the goals, that you are aware of, and how does that compare with other projects around the state in terms of meeting those types of goals. And we're looking specifically at the mix of rents. MR. GIBLIN: Right. I can't answer exactly what the income breakdowns are in other counties. Perhaps Mr. Kirk can, because he works in multiple counties in the state. I can just go on record that this is -- again, I'll use the word "unique" with the whole community coming together to try to find a project that can please many, many different chiefs. COMMISSIONER SAUNDERS: So I'll just ask you just one last question then. In your opinion, is this a project we should continue? MR. GIBLIN: I think so, yes. COMMISSIONER SAUNDERS: And I want to ask Mr. Kirk some of those same questions when I get another opportunity. Thank you. Thank, Mr. Chairman. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Stay there. MR. GIBLIN: Yes, sir. COMMISSIONER KOWAL: Are you familiar with Ekos? MR. GIBLIN: Yes, sir. COMMISSIONER KOWAL: You are? MR. GIBLIN: Yes. COMMISSIONER KOWAL: Okay. Did Ekos get any donations for their project -- March 26, 2024 Page 155 MR. GIBLIN: Well, there are two Ekos developments, but the one -- COMMISSIONER KOWAL: How about the one on Santa Barbara? MR. GIBLIN: Okay. The one on Santa Barbara received not philanthropic donations, but they received some county assistance. COMMISSIONER KOWAL: Yeah. Well, it was a partner -- public partner [sic] partnership with a piece of property similar to this. MR. GIBLIN: Right. COMMISSIONER KOWAL: Are you familiar that they have 100 percent of their units at 80 percent or lower? MR. GIBLIN: Yes, sir. COMMISSIONER KOWAL: So you are familiar with that? MR. GIBLIN: Uh-hmm. COMMISSIONER KOWAL: So are you comparing that to this project here? When you got -- when Commissioner Saunders asked you questions about projects -- and this is at home. This is one of our own projects. That, you know, you're correlating. How can one do it over the other and not receive philanthropic money from outside and just do it through partnership with the county and the private developer? MR. GIBLIN: When we look at the housing need in the county, we see a spectrum of need from homelessness -- COMMISSIONER KOWAL: Now, my question wasn't that. My question is how one can do it and the other can't. MR. GIBLIN: Specific financing that Ekos applied for was the Housing Tax Credit program, which not only requires units to be at that level but heavily subsidizes them. So the financing mechanism used in that project availed itself to provide units at the 60-percent-and-less level. March 26, 2024 Page 156 COMMISSIONER KOWAL: So is that -- do you think that's a -- that unit is successful? Do you think it was a good project? MR. GIBLIN: I think it's very successful. It's also very competitive, though. COMMISSIONER KOWAL: Is it unique? MR. GIBLIN: No, that one is not unique. COMMISSIONER KOWAL: Okay. Thank you. CHAIRMAN HALL: So I'm all about affordable housing. I'm all about it. I wish we could have had this discussion four years ago and we already have units coming out. I don't like the deal; I'm just going to say it. I don't like the structure of the deal. I don't like that it's non-for-profit that has no tax base. Taxpayers are on the hook for, on Phase 1, $18 million. Yes, you're going to get a $10 million donation from the Foundation and -- but when I found out that this property -- and we still -- the taxpayers still owe $26 million on the golf course, in addition to all of this. Now, it's not fair to put all that $26 million against one project. We've committed to the veterans nursing home. We've committed to the golf course. But there -- it doesn't matter. I'm not saying that each entity ought to pay that portion. I'm just saying the taxpayers, in addition to everything else, is on the hook for $26 million, m-m-m-million. And this is not personal. If anybody can appreciate the work that goes into it, I can. I know exactly the pressure, the meet -- the things that come up with lenders, the requirements, having to jump through hoops to meet all that. I get that. I understand that. But when it comes to -- you know, we -- I agreed to extend the financing back last October, and I said then I'm not going to be a fan of extending it from there. I was okay with the patience of this project. I mean, here we March 26, 2024 Page 157 are, we're almost five years down the road, and it will be another three years before we get any rents coming in. Just hang with me while I just talk out loud a little bit. I don't want to miss anything, or I don't want to miscommunicate. We don't really have a real commitment for Phase 2. We have good intentions, but the real commitment is not there. So we morphed from 300 units originally to, in Phase 1, to 252 units. I wouldn't -- I'm not going to -- you know, the argument of 80 percent, 120 percent, blah, blah, I'm not going to even -- that doesn't even count with me. In this income-sharing agreement, taxpayers are putting in 18 million, plus 26 million in debt. That's just reality to the taxpayers. But let's just count 18 million. The Foundation's putting in 10-, and yet the income sharing -- we're going to share that equally, 25 percent to 25 percent, but that's not even going to start till, estimated of 2032. That could be 2038. And so the taxpayers are on the hook for this money with -- I would at least think that if I could get comfortable with this deal, that that share should be 20 percent/30 percent whenever it starts just based on the amount of money that the taxpayers have kicked in. I don't -- my other thought was this: I don't want to feel the pressure of a Paradise sports complex; that we're so far down the road that we have to go forward. I want to -- when I leave here -- it could be four years, eight years, 12 years. Whenever I leave here, I want to know that I followed my heart, that I made a good deal for taxpayers, that I represented them well, and that I didn't just bow to the need. I mean, we have a great need for affordable housing in this county. Commissioner Kowal mentioned Ekos. They've got two projects. They've been successful. Yeah, they got different financing, but that's not the taxpayers' business. That's your March 26, 2024 Page 158 business. I just don't want to feel the pressure to go forward with something that's not a good deal for the taxpayer. There's some other things involved in these documents. The LURA, you know, that seems like we're going to limit land -- land use based on things we don't even know yet, things that might be -- you know, that might be coming. I could get more detailed about that, but I have to look -- I'd have to look at the documents. I was reading them this morning. We have a 99-year lease for land with a 40-year commitment for payback. The only person that's going to be alive is Commissioner Saunders. But -- COMMISSIONER LoCASTRO: He never ages. COMMISSIONER McDANIEL: Yeah. CHAIRMAN HALL: I just -- those are my thoughts out loud. I'm not opposed to the deal. I wish the deal could change. I don't know if the hand was forced to go non-profit, if they were dangling the money like, "You either do this or we're out" -- but it seems like it is profit because there's going to be revenue sharing. So just call it -- you can call it non-profit, but you can call it positive revenue. It's all the same thing. It's just words, and those words matter. The deal matters. So if things could change and it could be better deal for the taxpayers, I could -- I could be more comfortable with this. I'm not a fan of the deal the way it is right now. Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I just wanted to make one small reminder. I think it's dangerous to be, you know, comparing -- I'll say this: We need to make sure we're comparing apples to apples. March 26, 2024 Page 159 So I understand -- Commissioner Kowal and I were at the ribbon cutting at Ekos. Amazing. Wonderful. Oh, my God, we were touring these incredible apartments. They're all 100 percent affordable. And Cormac did touch on it. I was about to chime in and say, oh, it just wasn't -- it just wasn't the company and then the county. They got unbelievable amounts of help from some state programs. But every project's a little bit different. So there's going to be some projects that are amazing and wonderful. None of us here want to vote for something that's a bad deal. And I agree with Commissioner Hall, I don't want to feel forced that, oh, well, you know, some people that were our predecessors here got us into this, and now we've got to sort of swim our way out of it. This may not be the best, most amazing deal that Collier County has ever done with housing. I was really impressed with Ekos, and I hope we can do more or those. But, you know, every project's not going to be able to be that. This is a totally different thing. This is apples to chairs, you know, looking at those other projects. So some of those projects that we think are huge successes, 100 percent affordable, we should be going out of our way to chase those things down. But the combination of this one -- you know, "unique" probably isn't the best word. We want to hear that you say it's a -- it's advantageous. It's a positive. It's beneficial. I mean, you know -- and I think you kind of meant that. I don't want to put words in your mouth. This one is very creative, it is very unique, but it has incredible benefit, in my opinion. It doesn't mean it can't be tighter. I've got some concerns as well. I think it's headed in a better direction. But nobody's going to come in here and build affordable housing for free. So, you know, when we sit here and say, well, March 26, 2024 Page 160 there's some revenue to be made here, the folks that built Ekos are making money, okay. They didn't build it for free. They weren't a church that came in here and built 100 percent affordable housing and then they walked out and lost money. I'm looking at what it brings to the community, the amount of units. And the other thing I'll just say is -- and I hear this a lot in my district when people talk about first responders and teachers and sheriffs. I get a lot of, like, blue-collar workers in my district that say, you know, my neighbor's a sheriff and makes under $100,000, but his wife's a nurse at Physicians Regional. I'm a waiter, and my husband is an out-of-work auto mechanic. So it's really more about AMI and not so much -- but it also is about the first responders and the folks that are our front-line workers, because as Sheriff Rambosk said one time when he was in here, we're losing those people. So we have to do a little bit of both. I mean, you know, this project will also help the waiters and the mechanics and the folks that do the blue-collar jobs downtown. You know, I look for us to put some tighter polish on this if we think that it could be, but I don't think this thing is a total dog, it's dead in the water, and, you know, we should walk away from it. And I haven't heard anybody say that. But, you know, I think all these affordable housing projects, none of them are going to be, you know, charity projects. They're all going to have some sort of financial gain for the people that are involved. It doesn't need to be a cash cow but, certainly, you know, it's going to be something that's going to generate revenue. And, you know, my last comment is everything can't be Ekos. And also, too, as you know, Cormac, Ekos took advantage of some incredible state type of things that this project is -- this is totally different. This is apples and chairs. But the end result is we want more affordable housing, and we March 26, 2024 Page 161 want things that are in that 80 percent range and not so much pushing on the 120. I think this one is closer than what it has ever been, and so I hope we spend today to not sort of kick everybody back with 100 homework assignments and watch this thing continue to, you know, just smolder and not move forward. I certainly don't want to vote on something that I don't think is signature ready, but I think it's pretty close, and I like the improvements. I mean, you know, we all met separately with Mr. Finn and the other folks in the audience here, so I won't, you know, sort of over summarize what we heard, but I like the direction it's heading. It certainly is much better than it was, you know, six months ago or, like you said, maybe even years ago. But let's make sure we're comparing apples to apples. There's a few projects in the community that we're all really proud of. They all can't be this. This one's -- has some issues because way back when, you know, the 26 million was spent and some other things were done previously that make this maybe less advantageous than an Ekos, but, you know, they're two totally different projects. But in the end, if they bring us affordable housing at a price range that, you know, an expert like Cormac is shaking his head saying, wow, any, you know, county would love to have this -- and I guess my last comment county would be, every county is different. And so this -- you know, this project would be a total dog in some counties, and in other counties they'd be salivating over it. And so, you know, we have to look here at Collier County. You know, we can all name a dozen counties where three-bedroom rents aren't $4,000. So this is a unique place in the sense that, you know, projects here that are going to be very successful may be dogs at other places or they'd be incredibly amazing. But I'm just looking March 26, 2024 Page 162 at Collier County and also trying to compare it to equal things. And I think that's what we pay Cormac to do is give us his recommendation because this is what he's doing for a living. And I like the conversations that we've had and how I've seen most of the numbers go. So I hope we can work through this because I think this is a -- is a project that's sitting here on the drawing board. And I'm not saying it's perfect, but, you know I hate it a lot less, right, Commissioner McDaniel? And I actually like it a lot more, so I'm -- you know, I'm supportive of it, but I still think we can, you know, use the expertise of my colleagues here to see where the long poles are in the tent that would make us more supportive of this or relieve us of some of our concerns. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I also caution to the comparison side of things, because every county has a different AMI. One of the things, Commissioner Kowal, we need to remember is these -- these rents are a household of four, potentially, that accumulate up to these income levels to tie into the affordability aspect of this. I really want to -- you know, and I was the first one that -- I mean, I brought up Ekos when we were talking about the land valuation. And the other question I had on that land value, does that 4.25 include both phases for the entire tract of a land? MR. FINN: No, sir. The -- COMMISSIONER McDANIEL: So there is more money that will be appropriated for Phase 2 whenever it comes along? MR. FINN: In order of magnitude, that's 4. -- 4.6, 4.7 million all in. COMMISSIONER McDANIEL: Total, TPC? MR. FINN: Yes. March 26, 2024 Page 163 COMMISSIONER McDANIEL: Total. And this is another half a million or so in there for that. MR. FINN: (Nods head.) COMMISSIONER McDANIEL: The reminder I want to share with my colleagues -- because I see this coming as a potential template. You know, Cormac used the work "unique," and it wasn't satisfying to Commissioner Saunders. But I see this as a template for our community to make investments in housing affordability and have the opportunity to see those investments back. And in this particular instance, there's a disbursement of revenue sharing going forward. Assuming the pro formas and the stars all line up and everything comes to fruition, there's an opportunity for disbursement of revenues in other arenas with the Community Foundation and other philanthropic organizations that are helping with this. I don't even remember a developer offering to give our money back, ever, taxpayer money. And so I see this as -- assuming we can work through some of these technicalities, I see this as an opportunity to utilize as a template for the government to be making investments of taxpayer money for the support of housing affordability for specific targeted -- and, again, we can't pick employees of the hospital or employees of the sheriff or -- we have to stay in the AMI range with regard to what folks actually do. But I see this as an opportunity for our community and be unique to see -- to at least have an opportunity -- I mean, again, we all deal with pro formas, but I -- I like this -- I like this development from the premise of we have an opportunity to get taxpayers' money back, plus. And we can designate -- we, the county, can designate where that return of investment comes to any potential profits and how that money's going to be reinvestigated back into our community. March 26, 2024 Page 164 And I see this -- assuming we come forward with this, I see this as an opportunity for a model for our community to be using so that other developers that are watching and listening start to build in those -- in their pro formas the return of the investment of the government subsidation [sic]. MR. FINN: Thank you, sir. And if I may, Mr. Chairman, I'm just looking back in my notes, and there was a couple of questions posed that we were going to have Mr. Kirk respond to. Would that be appropriate at this point? CHAIRMAN HALL: Yeah. Let's hear what Commissioner Kowal has to say. MR. FINN: Yes, sir. COMMISSIONER KOWAL: Thank you, Chairman. I had two of my colleagues here pointing out the difference between Ekos and this particular project. What is it, apples/chairs, chairs/apples? I don't know; whatever he uses. We're going to go back in history. I wasn't here in 2020, but staff was. Can we go back, I think, when there was a committee set up for this particular project, and who'd that committee pick overwhelmingly to do this project? MR. FINN: I'm not certain. I think it was McDowell. McDowell. COMMISSIONER KOWAL: McDowell? MR. FINN: McDowell was ranked No. 1 in the ITN, yes. COMMISSIONER LoCASTRO: Ranked No. 1? MS. PATTERSON: McDowell. COMMISSIONER KOWAL: McDowell. MS. PATTERSON: McDowell. COMMISSIONER KOWAL: Who built Ekos? MS. PATTERSON: McDowell. COMMISSIONER KOWAL: McDowell built Ekos, correct? March 26, 2024 Page 165 Like I said, I was not here in 2020, so I don't know what swayed the Board here back then that got us here today. But I know we want to keep saying that we shouldn't compare, but in reality, if the Board picked who they were suggested to pick, we probably wouldn't be here today, and we wouldn't be comparing apples and oranges and chairs and whatever we're doing. So that's all I'm saying is that, evidently, Ekos knows how to play the system. And another good thing about Ekos, they pay taxes. COMMISSIONER LoCASTRO: Absolutely. COMMISSIONER KOWAL: They're not a non-profit. So that's a service to our citizens. COMMISSIONER LoCASTRO: Everybody can't be Ekos, though. COMMISSIONER KOWAL: It could have been in 2020. COMMISSIONER LoCASTRO: But we're here today. COMMISSIONER KOWAL: I know. But I'm just trying to remind you guys of a little history here that -- COMMISSIONER McDANIEL: I was here. COMMISSIONER KOWAL: -- there was some reason that it was swayed to go with -- not go with Ekos who got, I think, nine out of the 10 points in that committee and were ranked No. 1 in moving forward. COMMISSIONER McDANIEL: Commissioner Saunders and I were here in '20. COMMISSIONER KOWAL: Okay. So I just wanted to remind everybody of a little history lesson there. COMMISSIONER LoCASTRO: So what happened? COMMISSIONER McDANIEL: Do you want the short story? The philanthropic community -- yeah. COMMISSIONER KOWAL: I've got time. COMMISSIONER McDANIEL: The philanthropic March 26, 2024 Page 166 community's involvement in assisting with the development I know is what swayed me. I don't think we've ever had that kind of a commitment from the philanthropic community to come in and assist. And I can also say -- and, again, McDowell's a really good developer. They do a really good job. There was not a discussion in those early days of any kind of a return of investment that was from a subsidation standpoint that was coming from this. The Community Foundation was putting in 10-, we were putting in -- it's been a minute since we had that discussion, Commissioner Saunders. But we were putting in an equivalent amount of money between the land value and the offset of impact fees and permit fees, and then there was the coming of the state funds, but that was -- that was the main thing that swayed me with coming off of the -- the procurement -- or the committee's decision to go with -- to go with Rural Neighborhoods instead of McDowell. CHAIRMAN HALL: Yeah. I want to -- before you go, Commissioner Saunders. One of the ways that the developer's do give back to the taxpayers is in ad valorem, you know, and that's -- that's what I don't like about this deal. One of the -- one of the criteria -- as far as the disbursements that do come back out to the Foundation and do come back to the taxpayers, one of the criteria is any voluntary or operating debt. And if I was skinny on the cash flow -- or if I was fat in the cash flow, I would incur debt as an operator to deduct that amount that comes back. And so that's a possibility. Also, I love the fact that the monies that do come back to the Foundation and that do come back we're going to put back into affordable housing. My concern with that is by putting the money back into the Foundation, that we encourage more non-for-profit, non-ad valorem tax-base deals. And I don't know if the Foundation could get their -- could wrap their mind around allowing, you know, March 26, 2024 Page 167 philanthropy and allowing a tax base, or if they're just stuck on, you know, that's their kill-deal -- you know, that's their kill-deal position. So those are just some thoughts. I love the conversation, I'll tell you that. I'm all about affordable housing, but I would like to -- I don't want to feel pressured, and I don't want to feel like we're too far down the road to re-think this and make a good deal for the taxpayers. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I was just going to do a little history as well, because we did talk about that in 2019, I believe. My understanding is that there had to be a not-for-profit doing the deal; otherwise, there would be no philanthropy provided. So that's how we got to where we are with the current developer. Also, everybody remembers -- and right at the end of 2019, it was the beginning of COVID, and 2020 was a year that nothing got done anywhere, and most of 2021, pretty much the same. But also what happened during that time period was problems with inflation, supply-line problems. Everything changed in terms of the financing of every project. So this project -- if we were back in 2019, we wouldn't be having any of these conversations because that's what really changed this, I believe. And Mr. Kirk can be certainly comment on that. But we went with the non-for-profit because we really wanted to cement this partnership, this public/private partnership in workforce housing. And so we have a different world right now than we did in 2019. And, you know, trying to go back and say, "Well, if we had done it differently, things would be different today," well, that's probably true of almost anything if you did something differently. But I can also say if we didn't have COVID and all of those problems, we probably would have something different as well. March 26, 2024 Page 168 So I just want the record to reflect that we didn't make a decision that was just completely absurd. You know, why did we do X? Well, the world was different in 2019, and the project was one that -- where we really wanted to cement this public/private partnership to use that as a model. We thought that this would actually be a model not only for Collier County projects but for around the state. So that's just -- just one point I wanted to emphasize, Mr. Chairman. COMMISSIONER KOWAL: Can I ask one more question? So when did Ekos enter into their agreement to build on Santa Barbara? MR. FINN: I do not know. I'm going to think it was around 2019. MR. GIBLIN: A couple years before that. MR. FINN: 2017? MR. GIBLIN: '19. MR. FINN: 2019. COMMISSIONER KOWAL: '19. So did they have a special line of materials and stuff? Because I went to the ribbon cutting already. MR. FINN: No. And your point is well made, sir. This deal really -- his timetable for starting the financing did not commence until the PUD was in place, which was April of '22. So he had 12 months from that time period to get his financing, and that was the term of the original developer agreement. So that brings us to basically April 23 where this board extended -- COMMISSIONER KOWAL: Extended it to now? MR. FINN: Extended it, yes. No. Well, there was an interim extension that we just did that extended it till about February -- I'm sorry -- yeah. COMMISSIONER KOWAL: January? March 26, 2024 Page 169 MR. FINN: I'm drawing a blank. It was April 23 that we extended it the first time. COMMISSIONER KOWAL: But didn't we just do another extension? MR. FINN: Yes. We did an interim extension for two weeks to get us to today. COMMISSIONER KOWAL: To today? MR. FINN: Yes. And -- so that's where we sit. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Geez. I forgot what I was going to say. MR. FINN: We continue to have those questions pending, if you care, Mr. Chairman. COMMISSIONER McDANIEL: Say that again. MR. FINN: There was a couple of questions made for Mr. Kirk that haven't been responded to yet, sir. COMMISSIONER McDANIEL: Right. Mostly, my comment was for Commissioner Kowal and Commissioner Saunders. He reiterated it well. It basically had to do with the reason that we moved from McDowell to Rural Neighborhoods was the not-for-profit circumstance and the contribution for the philanthropic community. COMMISSIONER KOWAL: I figured that's what it was. I just -- I didn't know for sure, that's all. COMMISSIONER McDANIEL: Okay. MR. KIRK: Steve Kirk, Rural Neighbors. There's a series of questions. I'll try to capture all of them. Just two quick notes in regards to Ekos. Ekos was 2019. It had its zoning in place, and so our zoning did not get put in place until April 2022. Second, the Ekos project that was first -- the first development depended upon a hurricane. It had $8 million of March 26, 2024 Page 170 hurricane CDBG/DR relief from the state, and in the absence of the hurricane, could have been built. In the past decade prior to that, there had not been a tax credit project, one, in Collier County, Florida. And so certainly that is -- it's an admirable project, and I think we all have great respect for them. The committee that selected us was this board. That was the committee. The ITN to which we responded said there was an available $10 million from the charitable community foundations. We were asked during the presentation point of the scoring -- which is what coming before you really is, the presentation part of that -- would we share money with the county. Our answer was yes. I'm not certain that the other five developers who spoke gave that same answer. In regards to the income targeting, I think as we answered earlier, there are some reasons to do -- for us to do that. The accomplishment -- the goal was to blend what households are an incredibly important part of this community and to the standard and quality of life in this community: Healthcare, teachers, first responders, et cetera. Who are the people who are commuting today from Port Charlotte and other places? Can we bring them home? Can we retain the teachers there? So we're looking at households rather than individuals, which is why the majority of the units are two-bedroom and three-bedroom units. So incomes have to accommodate more than one income in a household. And I believe that there is a market differential in the rents between our rents and what is taking place in the market, that those families who are in those professions are choosing to live elsewhere. This market differential, we think, will cause people to make this their home. March 26, 2024 Page 171 In regards to several of the questions in regards to the income-sharing agreement and the ad valorem taxes, it's true we can't compare apples to chairs, but -- that will go in my memory now. I've never heard that one before. CHAIRMAN HALL: Please let that go. COMMISSIONER LoCASTRO: I've been saying it for 20 years. MR. KIRK: We have, arguably, $18.3 million of funds directed through Collier County into this project. I think it's fair to point out that approximately -- and I'll rely on Ed -- but approximately 10 to $11 million of that money is federal and state grants. One of the reasons that we have argued against proportionality in terms of the income-sharing agreement is that at least the first million dollars of the Foundation's money has been at risk. It has been -- it has been invested together with a million dollars from our pockets into getting us to this stage. The county's money, there is really no dollars presently at risk of being lost or not available to recapture. The second issue is that both the SHIP money, 1.5 million, and the SLURF money, which is just under $10 million, are grant under federal and state regulation, we have an LHAP plan filed from the state that says that SHIP money will be given to non-profit organizations as a forgivable loan -- as a forgivable loan. That is the choice this county made in getting that money from the State. We have told the U.S. Treasury -- we've spoken, your county staff has spoken, to the treasury consultants. This is a grant. This is not to be repaid. We have carefully, aggressively argued with the county, "Do not violate federal law and federal regulation by making this a quid pro quo to the treasury money that you are giving us. We cannot repay March 26, 2024 Page 172 you that money as a consequence of those federal rules and regulations." And so to say, "Well, we have 18 million, that includes that 10-, we should get more than the other," is basically at least improper and potentially violating the spirit of the fact that that is a treasury grant to the county that's being invested in this project. And we've pointed that out in numerous e-mails to the county. This is -- this is grant funds that you're investing. Don't treat it as an equity investment on which you must get a return, or the deal is off. So we felt that at least by keeping these proportions equal, we respected the Foundation's risk-taking, and we respected federal and state rules and regulations. The return to the county is approximately $50 million over 40 years. If you divide that, yes, indeed, it comes at different stages. Mr. Hall is correct, it comes at a situation in which -- till the first Collier's international loan is paid back, that it certainly won't begin. So the Chairman is absolutely correct that it may be 10 years prior to the first monies coming in, but that $50 million over 40 years is twice the ad valorem tax rate that would be incurred on that project. So I would argue that it's a good deal to taxpayers in the direct payment to Collier County. More importantly, 75 percent -- 75 percent of the cash flow from this project flows back into Collier County affordable housing. Yes, it's by three parties: By the county itself; by the community foundations which have been generous to many, many different types of projects. But we're getting them engaged in the housing arena by doing this, and they will continue to make investment. They may make more investment beyond this if we encourage them to do so; and we are taking one half of our return and investing it into future Collier County properties as well as the current properties that we own so they can remain to be affordable in perpetuity. So my argument would be, there's $150 million return to Collier March 26, 2024 Page 173 County over the 40 years of this project, not simply the 50- that goes to the county itself. That's a heck of a deal for the taxpayer. In regards to the 40-year term and why the 40-year term, the answer is simple. A pro forma looks into the future imperfectly. That's why it's a pro forma. We are trending our expenses at 3 percent over the next 40 to 50 years, which is traditional in the financial industry to do so. My insurance bill did not go up 3 percent last year, nor did anyone else's in the room. It's the pro forma. Those numbers will change. They will change on the income side; they will change on the expense side. But those are the numbers that we have encouraged by Prudential Real Estate. It's a national firm, the originator for HUD 221(d)(4) loans. Their loan committee has reviewed our numbers. They approved our loan internally at Prudential on February 29th and forwarded it immediately that day to HUD. So they have belief that this is the -- they are lending money based on this pro forma. We believe that it -- that it certainly is as close to realty as one can at least do at this moment. Why 40 years? Because properties age. We have, in this state, requirements that buildings undergo a formal inspection at the end of 40 years to make sure they're structurally sound. We have some requirements in other counties that make that happen even sooner. We know that for this project to last for an entire 99-year lease, this project is going to undergo substantial rehabilitation at some stage. Let's hope it's not -- doesn't take a whack from a hurricane between now and then, or if it does, let's hope that the insurance proceeds are sufficient to do it. But what we basically said is that we anticipate having to substantially rehabilitate these 252 units at approximately its 40-year life. It is the end of the HUD 40-year mortgage, a mortgage that's -- that is attractive in its terms. And, frankly, it could be in 40 years, given what construction March 26, 2024 Page 174 prices might be in 40 years, and which perhaps there's a single grant that we also need from the county, but it allows people to basically refinance the project without having to give away 50 percent of its income to the Community Foundation or 25 percent to the county and 25. Forty years seemed like a foreseeable practical point in which substantial rehabilitation would have to take place. And Commissioner Saunders may be the only one that's going to be here, if I heard correctly, but again, it's going to be another opportunity potentially for the Board and for others to basically take a look at that project then. There is, I think, no other developer in our state that has basically said, "We'll take 75 percent of our cash flow and reinvest it in the local jurisdiction in which the property is built." It is unusual for someone to say that we are going to put 25 percent of our cash flow back in county government. We do think this is unique. We do think it's a template. And I think that we are continuing to make progress each and every month. The SDEP was approved last week. Prudential approved their loan February 29th. We're marching down a pathway towards HUD's final firm commitment towards Prudential's loan guarantee. That's where we stand today. I think -- last question, the legal question, I think the County Attorney probably answered it better than I am -- better than I could, Commissioner McDaniels [sic]. I will say that our response to the ITN both promised units very close to this number in terms of an income mix but had rents at 120 percent, not at 100 percent. We've moved closer to the goals that local government has challenged us to meet. We did not generally originate these new changes in terms of what the income mix is -- we've been responsive to it -- but they're uncandidly close to what we had proposed in our ITN except for the fact that the rents are limited to 100 percent. March 26, 2024 Page 175 I think, in addition to that, our original response to the ITN and the original response by others to the ITN was that we were going to lease this land for $10 a year. The $10-a-year lease was what our organization relied upon in expending $2 million to get to this point in time. And we have continually responded to calls for additional funds, additional cash flow, additional situation. So we are really substantially at risk for a very sizable amount of Foundation and Rural Neighborhoods' money based on a reliance that seems to keep changing in regards to what's being demanded of the project. And so in good faith, we're still here, unlike the golf course where the developer left. We've argued about the land value at 4.2 million, 4.6 million. Maybe there's a market value that's higher than that. I will tell you that this land has $2 million worth of arsenic mitigation. So subtract that, to a certain degree, from the land value because we're financing that change. What we have done in being first is we have plowed ahead with FDEP approvals, with other -- with other FEMA floodplain things that make other subsequent development in Tract 1 through Tract 4 of the golf course easier and faster. By going first, we've dealt with drainage. We've dealt with arsenic. We have a model that's beneficiary to the golf course, to the veterans. And, again, apples to oranges, the golf course has approximately a $22 million investment, $6 million of capital, almost 16 million -- $15 million worth of land. Our return in terms of annual capital, far, far greater, many times greater than what the revenue will be from that. So there's just an example. It's hard to compare projects, but we do think that we are offering a very valuable deal to the county and to our partners at the Foundation community, and I thank you. March 26, 2024 Page 176 CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Before I make a couple of statements, I did want to ask Mr. Miller if we had speakers, because I didn't want to -- MR. MILLER: I do have four registered speakers for this item. COMMISSIONER LoCASTRO: Maybe I'll hold my comment. And if the Chair wants to hear from them, you know, first. CHAIRMAN HALL: Let's do it. MR. MULHERE: Your first public speaker is Valerie Wenrich. She'll be followed by Matthew Holliday. MS. WENRICH: Good afternoon, Commissioners. My name is Valerie Wenrich. I've lived in Collier County for 38 years and have worked to support this project for over four years. Raised my family here, chose to devote my career here, and welcome the opportunity to work towards a solution here. Through various roles within Collier County public schools as a teacher, school principal, and now the district's chief human resources officer, it is clear no issue is more pressing than essential housing for our workforce. CCPS is the largest employer in Collier County, and it continues to grow. Access to housing and overall cost of living have been an issue in Collier County, but not to this extent. CCPS now has hard survey data to prove the urgency of this issue. During the last two weeks, we shared a survey to all district employees, instructional and noninstructional. Approximately 3500 of our employees took time to complete it, and here are the highlights. Eighty-one percent live in Collier; 18 drive in from Lee County; the remaining 1 percent live in other counties surrounding. Sixty-five percent own their home; 25 percent rent; 275 of our staff told us they have a stable place to live but it's with family and March 26, 2024 Page 177 friends; 60 people admitted that they do not currently have a stable place to live, meaning they're in a shelter, a hotel or temporary location. Commissioners, 45 percent, nearly half, are concerned they will not have stable housing within the next year. The vast majority, 80 percent, of those respondents cited cost as the reason. On the 3500 district staff who took the survey on housing, 64 percent are concerned current cost of housing will force them to seek employment elsewhere other than CCPS, and 50 percent of our employees work two or more jobs plus extra supplements. The school district understands the concern is doing everything in our power to retain and recruit employees. This past year the school board passed a record increase for teacher compensation representing a $28 million increase in salary expenses. The school board put out a request for proposals for essential housing development on 35 acres owned by the school district adjacent to the Manatee Elementary School off of the East Trail. Results from the employee survey will help inform our next steps for the school board. Housing is essential for our community providing public service for our school district continuing to be an A-rated educational provider. Commissioners, we appreciate your service to the community, and I'm here today on behalf of the Collier County Public Schools to encourage you to complete this workforce housing component of the Golden Gate course [sic] project. Because of charitable giving, the public/private partnership could serve as a model of how communities can and should work together to address these major issues. Thank you for taking consideration of my comments. MR. MILLER: Your next speaker is Matthew Holliday. He'll March 26, 2024 Page 178 be followed by Michael Puchalla. MR. HOLLIDAY: Good afternoon, Chairman, members of the Commission. On behalf of the hospital, our board of trustees, and our president, I'm glad to be here today with you. Very few issues affect hospitals more than staffing, right? Costs, supplies, we all know those things are a major issue. We also did a study of our employees, and over 30 percent of our employees live outside of Collier County. When you consider that against our payroll at the end of the day, each year that represents about $80 million worth of economic activity, just from us, that's leaving your county each and every day. I remember -- I wish I could find it again. There was an article from the 1970s that was bemoaning the fact there was so little attainable affordable workforce housing in Collier. We're not going to fix it 100 percent. Projects like this are very important because it does represent a partnership. You have the private sector, you have philanthropic interests, and you have the government, which the less we can do with the government, obviously, the better. It's always important to have the private sector engaged and involved. I look at a project like this and I hear all the discussion, and I wonder -- let's make sure that we don't let the perfect become the enemy of the good. This is a good project. It's going to help people. My family lives in Fort Myers. We've lived there since the late '70s. My wife works up there. My daughter's in school there. I'm not going to move to Collier County. But every day I drive down here. It's a 45-minute commute. And surrounding me on the interstate, headed this direction, are the working-class people, the people that would benefit the most from a lower commute. They're on your roads; the traffic is here. Let's make sure that that economic investment that they are, their salaries, their payrolls, stays in the March 26, 2024 Page 179 county, benefits the county and the businesses, and having that economics impact here rather than somewhere else. It's a very important issue for us. As you think about the quality of care in your hospital, the folks taking care of you in the restaurants, taking care of all the other needs, your plumbers, your electricians, it is a quality-of-life issue for them. Having these assets in place -- you know, that golf course is sitting there vacant right now. Let's invest in the community, let's invest in your workforce, and let's make sure that what we spend on our payroll stays where it's earned. I think that's a fantastic idea for us to consider is the investment potential for Collier County and the people that live here. Thank you. MR. MILLER: Your next speaker is Michael Puchalla. He'll be followed on Zoom by Kelly Farrell. MR. PUCHALLA: Good afternoon, gentlemen, Chairman. My name's Michael Puchalla, for the record, executive director with HELP, a HUD-approved local housing counseling agency, and also the Collier County Community Land Trust. And I just want to add some perspective. As, you know, the individuals that we're seeing come in, especially from the workforce -- we've had the pleasure of doing some partnerships with NCH and the school district. We're doing something we're calling a housing navigator program, trying to help get individuals into housing a little easier, and what we're finding is there are a number of these workforce individuals that -- they have incomes but maybe they have some credit challenges or maybe some other financial challenges. And even when they call to try to find a market-rate unit, their applications -- they pay an application fee only to find out that, oh, we need four or five times income. You're not quite qualifying at March 26, 2024 Page 180 that level because the rents are quite high. So I do want to make the point that having some access and control to units at even up to 120 percent of AMI provides a lot of benefit. And we're here to try to assist in any way we can in trying to navigate individuals into that while also offering to work on homeownership because I think that's the way to keep people, obviously. So continuing to provide that level of service to provide homeownership opportunities where the Land Trust can come in, individuals that may qualify for Habitat, helping to work with them through that process and on credit and on their financial background. So I think there's a great opportunity with this type of development, with the rentals, to be able to work and help individuals move towards homeownership. And then, lastly, there's been some points made regarding the Community Foundation, the philanthropy being non-profit. One other thing we've been working on is something we're calling the Housing Alliance, and we've had great support from the Community Foundation both financially and in spirit. And we've had a lot of great conversations. They've now come up with their Community Housing Impact Fund, which is going to be tremendous. There's a lot of lessons learned from this project, let's just put it at that. And they've opened up, now, this opportunity for us to partner and to vet developments going forward and where there will be opportunities to loan those funds into future developments, and that can be for-profit or non-profit. So I just wanted to make that point that there's even been a lot of lessons learned from since this -- when this project began, but it is the first of its kind in bringing that philanthropic contribution in. And at that point in time, we didn't have this non-profit entity. We didn't have that opportunity to vet and bring in for-profit developers, March 26, 2024 Page 181 necessarily. So hopefully that clarifies a few things. And I really do want to support the project. We've worked with Steve on some of his other things, other developments in Immokalee. We've gone and provided housing counseling, homeownership education, so I do know that he's a great supporter of that and a partner in bringing wraparound services to the tenants that would be in this community. So thank you. MR. MILLER: Your final registered speaker on this item is Kelly Farrell. Ms. Farrell, you're being prompted to unmute yourself, if you'll do so at this time. Ms. Farrell, you're being prompt to unmute yourself, if you'll do so at this time. I'm not seeing any response from her. Ms. Farrell? Kelly Farrell, you're being prompted to unmute yourself on your computer, if you could do that, on your Zoom. (No response.) CHAIRMAN HALL: Going once. MR. MILLER: Going twice. I'll keep an aye on this, Mr. Chairman, and let you know if I have any movement. CHAIRMAN HALL: Great. Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, sir. You know, the term "unique" was used, and we were trying to figure out maybe a better word. I like how Commissioner McDaniel called this a template, but that -- you know, a template but with lessons learned and improvements that can go forward. I actually think not only is this a template that can continue to be used and made better every time, but it's also an incredible investment. I mean, I can see why in 2020 -- and I wasn't here either. I was, you know, newly elected at the end of 2020 and wasn't here. But I can see why some on this panel were probably very supportive and maybe almost salivating to hear that the Collier March 26, 2024 Page 182 Community Foundation and all the philanthropic pieces that were coming together maybe for the first time for an important issue like affordable housing was starting to happen, and maybe it was long overdue. I think anything that you can pull the Collier Community Foundation into and get them involved and excited -- I mean, they've been involved in this project, and on their own they've already started to do so many other separate things when it comes to housing. So we sort of -- you know, we lit the fuse a little bit and now have them excited and paring off into other directions when it comes to housing. So we primed the pump, I guess. And I don't know that they needed us to prime their pump, but I think their involvement in that project is what has now got them involved. And I'm sure the panel that was here prior -- you know, it was Commissioner Saunders and Commissioner McDaniel -- but the others, that was a big plus, and I see it as a big plus now. So I think this partnership is -- you know, it might be unique, but I do think it is a good template and it's a good investment and not one that we should just rubber stamp. But some of the things that have caused this thing to slow and lag and kick the can and all that -- well, let's make sure that we do look back on the history of this, and the templates going forward we don't make those same embarrassing mistakes. No project's going to be a 10, but I sit here and say, a 9.5 now is better than a 10 that never comes. So we could sit here and, you know, want every single piece to be perfect, and we'll wind up sitting here and not approving a whole lot of things. That doesn't mean we settle, or if we have issues with this -- and if any of the commissioners up here have issues that they don't feel comfortable, you know, going forward, you know, speak now or forever hold your tongue. March 26, 2024 Page 183 I don't know if anybody else is lit up, but I feel that this project is extremely advantageous to the community. It does all kind of unique things that other projects have never done before. I think this is only the start, and the lessons learned from this project will make future projects move much quicker, be much more advantageous for the taxpayer, but I don't see anything in this project that causes me unbelievable concern. And there's been things this county has approved that are out there now on the street that, as a citizen, caused me unbelievable concern, and, you know, predecessors before us maybe weren't as concerned, or they didn't have a time machine to know that certain projects weren't going to be as advantageous. But this one, I think, has all the right pieces moving forward with a lot of lessons learned. And unless anybody has an objection, I'd make a motion to approve the income-sharing agreement and approve all the documents related to the development, which is in 11.A, and then the sharing agreement is in 11.B. So I make that motion to approve all as stated in 11.A and 11.B. CHAIRMAN HALL: I will -- I like the comment, "Don't let the perfect get in the way of the good." And there have been lessons learned. I can count to three. I learned that from Commissioner Saunders. COMMISSIONER SAUNDERS: It took me years to learn. It only took you, what, a -- CHAIRMAN HALL: I'm a -- but we do live in a different world, but it's the world that we live in. I wouldn't have made this deal, but the deal was made, so I'm not going to sit here and wallow in would have, could have, should have. I think that there are things that we can really learn from going forward. And I can appreciate Mr. Kirk's comments on the March 26, 2024 Page 184 revenue-sharing percentages of, you know -- and something that I did not consider was the amount of grants that -- you know, it is our money, but we passed it. But that was a good point, and I appreciate you saying that. And with that, I'll second the motion. COMMISSIONER SAUNDERS: All right. We have a motion and a second. All in favor, say aye? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: All opposed? COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Okay. Motion passes. MR. FINN: Very good. Thank you, gentlemen. COMMISSIONER SAUNDERS: That was a bit of a surprise. COMMISSIONER KOWAL: Hmm? COMMISSIONER SAUNDERS: That was a bit of a surprise. COMMISSIONER KOWAL: I'll get my chance on May 30th. MS. PATTERSON: Commissioners, that brings us to staff and commission general communications. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING MS. PATTERSON: First, Troy, do we have any public comment? March 26, 2024 Page 185 No public comment. That moves us to -- we already had our staff project updates. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS That brings us to Item 15C, staff and commission general communications. I do not have anything. Dan? MR. RODRIGUEZ: No, County Manager. MS. PATTERSON: Thank you. County Attorney? MR. TEACH: No comment. MS. PATTERSON: Commissioners. CHAIRMAN HALL: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes, sir. CHAIRMAN HALL: Do you have any comments? COMMISSIONER McDANIEL: Well, I want to ask if we want to give direction to staff to have a review of the Golden Gate Master Plan for Rural Golden Gate Estates. We talked about that this morning. It's been five years. I did speak with the Chairman of the East of 951 Horizon Study, and he thinks that it might be a good fit for that organization to have -- or for that group to have a look at the Golden Gate Master Plan. And, predominantly, I'd like to keep it at -- you know, we trifurcated the Golden Gate Master Plan in '19 into urban east -- or west of 951 rural, east of 951, and Golden Gate City, "the four square miles." So I'd suggest that we limit the -- limit the look at the Rural Golden Gate Estates, which is east of 951, and have a -- and have a March 26, 2024 Page 186 review of that master plan. CHAIRMAN HALL: I'd be in agreement with that. COMMISSIONER McDANIEL: You okay with that? Commissioner Saunders, that's part of your world now, too. COMMISSIONER SAUNDERS: Sure. COMMISSIONER McDANIEL: You all right with that? All right. That's all I have. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I was just going to say, did you notice how our legal advice today was so much sharper, so much, like, on point? Did anybody pick up on that? So I just want to go on the record -- I don't know if there was a difference or there was a change or something, but, Scott, thanks, you know, very much. I know that -- in all seriousness, we don't get to see you in this chair a lot, but you do so much behind the scenes. You know, I've had to meet with you a few times. And I remember the first time we met I told Mr. Klatzkow -- and I had never met you before. I said, "Wow, that guy's a real superstar." I mean, he came to my office and just had, like, the answer to every single question. And what he didn't have the answer to, unbelievable sense of urgency. So, you know, I know that you're filling in for him because, you know, he's not here today for reasons we're all aware of. But, you know, thank you so much for what you do, and your staff and everything. It doesn't go unnoticed. So he's sitting in a seat representing all of you, and, you know, I just want to thank you for everything that your team does. And I'm a Christian as well, but I think -- I think I like -- attorneys are okay. It just depends on who they are, you know. It's a mixed bag just like any other vocation. But thank you. That's all I have, sir. March 26, 2024 Page 187 Oh, and that's right, and Mr. Saunders is also an attorney, but I think he's -- he might be a Christian. Maybe not. Oh, he's actually not, but he's a man of his word and integrity. That's all I have, sir. CHAIRMAN HALL: Ms. Kinzel, do you have anything you want to add before we finish? MS. KINZEL: I don't want to jump in front of the other commissioners, but I did want a couple things that I'll put on the record. I'm sorry. I was back there waving. I should have signed up as a public speaker, but usually it's recognized -- on the last issue and item. As Commissioner LoCastro put forward, "Speak now or forever hold your peace." So I want to speak right now, I guess, on some of the things, because we still have a gap. He has not completed his financing until May 30th. You've extended it. So some of the other agreements that you were working with or presented with, particularly No. 5, you had no legal -- or we don't really have the content of that. Similarly situated, when you look at the distribution under the sharing income -- and there were several things put on the record. I, too, have been here many, many years and have kind of the history, so I'd like to clarify some things. Originally, it was McDowell that was selected by the majority of your staff after great research, including Mr. Giblin. He ranked them No. 1 for what was put forward. The minutes of the meeting reflected that the reason that the Board of County Commissioners changed was simply the $10 million contribution by the Community Foundation. This shows you -- so I wanted to speak to -- McDowell on this site was actually more units than you would be getting with the current vendor. With the mix of -- and I apologize, Commissioner LoCastro. I did not get to meet March 26, 2024 Page 188 with you, but I met with most of the other commissioners. COMMISSIONER LoCASTRO: Well, you know what I would say, Ms. Kinzel? MS. KINZEL: Yes. COMMISSIONER LoCASTRO: This is all great information. And you sit back there for the entire meeting. If you have something to say before a vote, you know, it's a short walk up to the podium. So this is all after the fact, and this is great -- MS. KINZEL: It is. COMMISSIONER LoCASTRO: -- but you've worked here long enough to know that if you -- it is, “Speak or forever hold your tongue.” And if you forgot to sign up to be a speaker -- MS. KINZEL: I don't usually sign up because I'm the Clerk. COMMISSIONER LoCASTRO: So this is all after the fact. And like you said, you spoke with the other commissioners but, you know, come up to the podium. And if you've got something that you want to add, instead of feeding it to us through e-mails and hoping we would carry the water, come up here and speak as a constitutional officer and give us your feedback before we vote. MS. KINZEL: Okay. COMMISSIONER LoCASTRO: Especially if you think we're about to do that incorrectly based on information you have that we don't. MS. KINZEL: Okay. I appreciate that, Commissioner LoCastro. I did try to motion. I don't usually sign up as the Clerk -- since we've done a lot of research on this. So the reason I'm bringing it up now, first of all, there could be a reconsideration or -- in hindsight, they may not get their financing by May 30th. I think these are important issues, and I don't want to miss the opportunity to get the information out to the community. COMMISSIONER LoCASTRO: Okay. March 26, 2024 Page 189 MS. KINZEL: So I would like to put it on the record, if that's agreeable, Mr. Chair. CHAIRMAN HALL: Yes, ma'am. MS. KINZEL: Sir. So the unit mix did change. COMMISSIONER SAUNDERS: Let me also -- let me just say -- MS. KINZEL: Go ahead. COMMISSIONER SAUNDERS: -- you don't have to sign up. I didn't know you wanted to speak. MS. KINZEL: Oh, I'm sorry. COMMISSIONER SAUNDERS: I saw you back there. CHAIRMAN HALL: I didn't see you. MS. KINZEL: That was what I was afraid of, and that's why I started to walk up, and the motion went -- the vote was taken. So that's okay. I did speak with most of you, but I do want to put this on the record, because I think there was some grand misinformation that was shared, or articulated, that needs to be clarified for the record. Okay. This was the mix change, and it shows you from the initial portion of what was bid or solicited on both the senior and veterans and the workforce housing. So it did shift in your numbers of units in these categories. Now, the information that was presented about the rents and the rentals, I just want to use -- this is from the workforce housing and the Foundation's newspaper article, so I'd like to point this out. It basically -- I'll put it back on there, but what it says is, "To illustrate, five years ago, monthly payment for a $250,000 home mortgage at an interest rate of 3.5 was $1,122. Today, at 7 percent rates, that same home payment is 1663 a month, a 40 percent increase," and they thought that was somewhat egregious. But if you look at the rents, March 26, 2024 Page 190 now the majority of rents, even for a one-bedroom, exceeds that estimated mortgage payment on purchasing a home. So I think we should consider what is the market and what we're doing. Additionally, according to their own marketing study that was included in the documents, their forecast is that in the recommended mix of units, you will actually have surplus in those units when, in fact, it's been pointed out that in those other lower ranges you may have even a greater need. So we're distributing that amount of money to an indicated surplus by their own agreements. Now, we talk a lot about the share agreement. A little bit of history: When they first submitted this, there was no share. There was no identification of a share even with the Foundation. They had said that the Foundation was doing a contribution of $10 million. When we received the first pro forma -- five we've received to date. But when we first received the pro forma, there was no cost share for the county. There was a cost share for the Foundation and the developer. We had a meeting with county staff and with the Foundation, and we really positioned why the county would not get back at least the investment amount if not a proportional share, because the Foundation was positioned to get much more than their original contribution. And the county, as with the Foundation, can use these funds in perpetuity to do additional housing of the mix that you see in the market. With the agreement on the income sharing that was on the agenda before you today, there is no specificity to the use of those funds by the Foundation. In fact, I've been asking for several months to obtain a copy of the agreement that the developer has with the Foundation and/or any other of their funding sources. In order for you to really evaluate the capacity for this project and the return on investments, I think we need to know who are all the investors and March 26, 2024 Page 191 what all is going into the project. Again, I've been asking for those agreements. What -- the Foundation agreement on the project income that you had before you provides for a lot of things, but no specificity onto the number of housing units, the type of housing units. It really gives a full hand to the Foundation to subsidize different housing projects, as the county could do also. And when you look at the return on investments -- and I'll put this before you -- the reason -- one of the reasons it cut off at 40, that would have given a $55 million return to the Foundation and a $55 million -- and, again, yes, based on pro formas, but this is the best information we have for you to make a decision -- would be 55 million for Collier County. After Year 40, the projections are that the Foundation would have made 36 million additional, and they would have made 36 million -- we would have made also 36 million for those 10 years. So there's a grand increase, if you look at -- I'll show you. If you look at the 31 years' portion, you make about 27 million in that year to get up to the 55-. For the next 10 years after that price point, you make an exception about [sic] money in addition to that, and all of that could be reinvested. Now, when we got the first pro forma, the indication was that they were thinking of selling the properties in 2042, which would have been in 18 years. We questioned that. "What do you intend to do with it?" "Sell it." Now, Mr. Kirk put on today that he did not intend to sell it. And while I realize that most -- none of us except Commissioner Saunders might be here in that period, I think it is due diligence on the behalf of the taxpayer that was really not articulated properly at that point. March 26, 2024 Page 192 We've also seen some rents -- the one rental that we had here was the 1900, 21-, and 24-. And, in fact, the information that he put forward was in addition to that. So the rents could actually be higher on the people. Some of the investment or some of the residual profits could be used to reduce those rents to the public and to the housing units. In summary, I want to point out this has been over four years. The funding commitment is still unknown and extended. The groundbreaking on starting to build, unknown. There are no dates specific. It's within months after certain triggering points. Phase 1, complete for occupancy? We don't know. Phase 2 funding, not even in the realm of what you've been discussing today. Breaking ground with Phase 2, don't know. And a year when both phases are occupied, totally unknown. As you've pointed out, many of these other, the Bembridge property, those, they're up and running and occupied. So this has gone on and on. The agreements -- I would request that since you have passed it, either, A, reconsider some of these facts or, B, at a minimum, over the next 30 to 60 days we get very tight contractual agreements for what is going to be produced in Collier County with the residual funds, particularly by the Foundation. And with that, I'll answer any other questions. CHAIRMAN HALL: Thanks, Ms. Kinzel. MS. KINZEL: Thank you. CHAIRMAN HALL: Commissioner Kowal, back to you for comments. COMMISSIONER KOWAL: Thank you, Chairman. I just want to let everybody know, I agree -- and the public speakers that came up, you know, I agree 110 percent with them. I understand the problem here. I've lived it. You know, I know what it was like when I first got here. I mean, I know -- over the years, I March 26, 2024 Page 193 was on the pay plan committee for the Sheriff's Department, and I saw the struggles these young deputies -- and, you know, they were starting out -- to find a place here to live and work within their communities. And, believe me, I know. I know the struggles, and I agree 110 percent. I just don't want everybody to say that, you know, I voted no on this -- and I voted no on this because sometimes we have to look at the mission at hand, and sometimes it might not be the right people carrying out the mission at hand, and that's why I just feel that, you know -- I remember having a meeting probably a year ago with the Collier Foundation people and Mr. Kirk -- well, it wasn't Mr. Kirk. I think it was just the Collier Foundation people, and they were concerned because things weren't moving along. And one of their largest contributors was ready to claw back their money, you know. And I don't know where that is still today. You know, I don't know, if this keeps continuing kicking the can down the road, you know, May 30th comes, do we have this same conversation, you know, and then their contributor decides they don't want to put 5 million, or whatever, in this particular philanthropist, you know. Now where's that 10 million? So I don't know. I just feel that it's been four years. I've only been on the Board for, what, 15 months now, or starting the 15th month, and I've seen other developers partnered and the results of that. And, you know -- and I've seen the results. I've stood there at ribbon cuttings. And I've seen the results of what this board has done over the past year and, you know, forcing the hand on developers to make a percentage of their units at affordable rates, at 80 percent or lower. You know, I think we had the one -- the Ascend project at 30 percent -- 30 percent of their units just to get approved, you know. They're paying taxes. They're paying ad valorem tax on their March 26, 2024 Page 194 properties, and they're going to pay taxes to the community. They didn't have to do that, but, you know, they saw the need. So by no means I'm against the end result of this project. I just don't know if we have the right team doing the mission, if that makes any sense. So I just want to make sure you get that on the record. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. I don't have any comments on the project. I assume we're still wrapping up -- COMMISSIONER KOWAL: This is just the end. COMMISSIONER SAUNDERS: -- our communications. CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: I've got 14 items I want to go through. COMMISSIONER McDANIEL: Three minutes apiece. COMMISSIONER SAUNDERS: I've talked to our staff. You know, there's been a lot of publicity over the last, certainly, years, but it's accelerated, I think, in the last several months with the cyber issues, cyber attacks. There was a report to Congress concerning some major efforts by the Chinese to infiltrate our systems around the country. And I just want to get a report back from the staff on what we're doing to make sure that our systems -- our water systems and all of that are being made as secure as we can. Obviously, that requires funding sometimes. But I think if you need additional funding for security for our computers and all of our systems, that's money well spent. So I'd just like to get something back from staff on that. Secondly, we do have House Bill 1365 dealing with homeless camps, and I think we're going to need to take some action in reference to that. I'd like the County Attorney to report back to us on what, if anything, we need to do to make sure that we're in compliance with that and we have the right structure; whatever we March 26, 2024 Page 195 need to do. I've not read the bill -- I've just heard about it and read a little bit about it, but I've not read the bill so I don't know if there are any mandates on the part of local government to set things up, so I want to get a report back from the County Attorney. And then, finally -- this is something that Commissioner McDaniel had brought up some time ago, and we all talked about charter schools and the possibility of charter schools popping up here or there. And when I talked to Jeff Klatzkow about that, he made it seem pretty clear that we didn't really have a whole lot, if any, authority to deal with that. But I'd like a full report from the County Attorney on what it takes to form a charter school, just in general. I really don't need details about what has to be presented. But what does it take, and what do we -- can we intervene at any point in that process, and do we have any authority at all? So, in other words, I think the Ascend project may be the project where that came up, where the thought was, well, there could be a charter school there. Well, it turns out there is going to be a charter school not too far from there -- COMMISSIONER McDANIEL: On the other end. COMMISSIONER SAUNDERS: -- in the neighborhood. I think you're right, Commissioner McDaniel. I think those are the types of projects that -- we could see more of those. And so I think we just need to know if we have any authority at all. And if we don't have any authority right now, do we have the ability to pass any ordinances to create some authority? MR. TEACH: We'll take a look at that, Commissioner. I know that a lot of the authority is governed by a combination of interlocal agreements and Florida Statute, and it's a little bit -- I took a -- like a high-vision look at it the other day, and it's pretty complex, but we'll break it down. March 26, 2024 Page 196 COMMISSIONER SAUNDERS: My understanding is we do have an interlocal agreement, but it has expired. MR. TEACH: Right. And, generally, although there's exceptions, you have to treat a charter school the same way that you treat a school district school for planning and zoning purposes, is my understanding, but it's a little bit more complex than that. COMMISSIONER SAUNDERS: Maybe that agreement needs to be refreshed. As I said, I understand it has expired, so... MR. TEACH: Yeah. COMMISSIONER SAUNDERS: And I was just kidding about the other nine or 10. COMMISSIONER KOWAL: Fourteen. COMMISSIONER SAUNDERS: Fourteen, yeah. CHAIRMAN HALL: You're going to pass on the 13 -- or the 12? COMMISSIONER SAUNDERS: I can come up with something if you'd like. CHAIRMAN HALL: I've got an item that's going to come up. I'm in the process of working on it. But, basically, it's a safety issue, and I just want to let you all know what it's going to be, because I don't want to have a big conversation when it comes. But at the end of Crayton Drive, right there where Naples Grande hotel is, Crayton comes in and it dead ends in Pelican Bay, and all the cyclists and all the pedestrians, we cross that, and we go into the tennis court parking lot and dodge the little concrete things and then jump out on Seagate to turn left. I'm going to propose just to put a straight path. Not a -- just a pedestrian and a cycling path with a bollard so that, you know, not even a golf cart can get through there. I'm not going to involve -- I'm not going to, you know, get involved with all the public comment and all that. So I just want to -- I'm probably going to try March 26, 2024 Page 197 to bring that up in the next meeting so that -- it's a safety issue. Other than that, I thought we had some pretty decent conversation today. There are lessons to learn from this project, and there's -- I appreciate you pulling off the tourism thing. And I thought we had some good conversation, and we're going to have some things coming back from staff that I think will be helpful. And with that, it's suppertime. We're adjourned. ******* ****Commissioner Kowal moved, seconded by Commissioner Saunders and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $4,980, WHICH WAS POSTED AS A DEVELOPMENT GUARANTEE FOR AN EARLY WORK AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH WINCHESTER PHASE 2, PL20230014392 – THE FINAL PLAT WAS APPROVED BY THE BOARD ON DECEMBER 12, 2023 Item#16A2 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $233,240, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20220005335 FOR WORK ASSOCIATED WITH STONEBRIDGE COUNTRY CLUB - GOLF COURSE RENOVATIONS – STAFF INSPECTED THE LAKES ON March 26, 2024 Page 198 FEBRUARY 20, 2024 Item #16A3 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $163,400, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20220008091 FOR WORK ASSOCIATED WITH THE VINEYARDS COUNTRY CLUB - SOUTH GOLF COURSE RENOVATION - STAFF INSPECTED THE LAKES ON FEBRUARY 20, 2024 Item #16A4 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $303,195.64 FOR A REDUCED PAYMENT OF $19,940.60 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. JASON LEE WILLARD EST., RELATING TO PROPERTY LOCATED AT 1680 ACREMAKER RD, COLLIER COUNTY, FLORIDA – ACQUIRED VIA A TAX DEED THE NEW OWNER BROUGHT THE PROPERTY INTO COMPLIANCE ON JULY 14, 2023 Item #16A5 RESOLUTION 2024-43: A RESOLUTION TO HOLD A PUBLIC HEARING ON APRIL 9, 2024 TO CONSIDER VACATING FOUR 30-FOOT-WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENTS, AS DESCRIBED IN OFFICIAL RECORD BOOK 70, PAGE 504, OFFICIAL RECORD BOOK 90, PAGE 487, OFFICIAL RECORD BOOK 111, PAGE 129, AND OFFICIAL RECORD BOOK 172, March 26, 2024 Page 199 PAGE 596, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 1,050 FEET EAST OF LOGAN BOULEVARD AND LYING SOUTH OF IMMOKALEE ROAD (CR-846) IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PL20240000788) Item #16B1 AWARD INVITATION TO BID (ITB) NO. 23-8163, “INSTALLATION & MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY LIGHTING” TO SOUTHERN SIGNAL & LIGHTING, INC., (PRIMARY VENDOR) AND HORSEPOWER ELECTRIC INC., (SECONDARY VENDOR), AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16B2 A FIRST AMENDMENT WITH SUPERIOR LANDSCAPING & LAWN SERVICE, INC., AND A SECOND AMENDMENT WITH SUPERB LANDSCAPE SERVICES, INC., UNDER AGREEMENT NO. 18-7430, “LANDSCAPE MAINTENANCE VENDORS,” EXTENDING THOSE AGREEMENTS FOR AN ADDITIONAL 180 DAYS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENTS Item #16B3 AWARD INVITATION FOR QUALIFICATIONS (IFQ) NO. 23- 8135 “EXOTIC VEGETATION AND NUISANCE VEGETATION REMOVAL” TO EARTHBALANCE CORPORATION, EARTH March 26, 2024 Page 200 TECH ENVIRONMENTAL SERVICES, LLC., SANDHILL ENVIRONMENTAL SERVICES, LLC., A+ ENVIRONMENTAL RESTORATION, LLC., WOODS AND WETLANDS, INC., PENINSULA IMPROVEMENT CORPORATION DBA COLLIER ENVIRONMENTAL SERVICES, ENVIRONMENTAL RESTORATION CONSULTANTS, INC., DEANGELO CONTRACTING SERVICES, LLC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16B4 A BUDGET AMENDMENT IN THE AMOUNT OF $22,532.20 TO RECOGNIZE REVENUES RECEIVED FROM TRAFFIC ACCIDENT REIMBURSEMENTS FROM INSURANCE COMPANIES IN LANDSCAPE PROJECT FUND (1012) Item #16B5 RECOGNIZING CARRY FORWARD FUNDING FOR THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) IN THE AMOUNT OF $5,828.30, EARNED FROM THE FY 2022/23 TRANSPORTATION DISADVANTAGED PLANNING GRANT, AND TO APPROVE ALL RELATED NECESSARY BUDGET AMENDMENTS Item #16B6 AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 147DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142, March 26, 2024 Page 201 ESTIMATED FISCAL IMPACT: $28,871 FROM STORMWATER CAPITAL IMPROVEMENT FUNDS) – FOLIO #661945360006 Item #16B7 CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 22-7976 WITH SACYR CONSTRUCTION USA FOR THE CR862 VANDERBILT BEACH ROAD EXTENSION FROM CR951 COLLIER BLVD. TO 16TH ST. NE PROJECT FOR ONE HUNDRED SEVENTY-THREE (173) ADDITIONAL DAYS AND $790,742.31 FOR UNFORESEEN ADDITIONAL ITEMS REIMBURSABLE FROM THE OWNER’S ALLOWANCE, INCLUDING AN AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $17,126.29 FOR MATERIAL TESTING, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 60168, ESTIMATED FISCAL IMPACT: $790,742.31 FROM CONTRACT ALLOWANCE- ROADWAY FUNDS) – EXTENDING THE COMPLETION DATE TO MARCH 18, 2026 Item #16B8 THE ELECTRONIC SUBMISSION OF THE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AND THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) APPLICATIONS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND THE DESIGN OF A MAJOR INTERSECTION IMPROVEMENT AT GOLDEN GATE PARKWAY AND LIVINGSTON RD. IN THE AMOUNT OF $6,000,000 – ALLOWING FOR OPTIMIZED TRAFFIC FLOW AND REDUCED DELAYS AND IMPROVED ROADWAYS March 26, 2024 Page 202 Item #16B9 RESOLUTION 2024-44: A LOCAL AGENCY PROGRAM (LAP) FEDERAL-FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $8,710,000 FOR THE CONSTRUCTION OF THE 16TH STREET NE BRIDGE PROJECT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT, FPN 451283-1-58-01 (PROJECT NO.60212, FUND 1841) Item #16C1 DONATION AGREEMENT WITH COLLIER PARK OF COMMERCE OWNERS’ ASSOCIATION, INC., A FLORIDA NOT- FOR-PROFIT CORPORATION, AT A COST NOT TO EXCEED $750 FOR PAYMENT OF PROPERTY OWNER’S ATTORNEY FEES FOR THE ACQUISITION OF A UTILITY EASEMENT TO EXPAND THE EASEMENT AREA FOR PUMP STATION 309.12 – ACCOMMODATING A PORTABLE GENERATOR IN THE EVENT OF A POWER OUTAGE Item #16C2 AN EASEMENT TO FLORIDA POWER & LIGHT CO., FOR INSTALLATION OF A SWITCH CABINET TO FACILITATE CONVERSION OF OVERHEAD TO UNDERGROUND SERVICE, AT THE GOLDEN GATE WASTEWATER TREATMENT PLANT AT 4931 32ND AVE SW, NAPLES, FLORIDA – FOLIO #36450440006 March 26, 2024 Page 203 Item #16C3 WAIVE LIQUIDATED DAMAGES OF $97,020 FOR COMPLETION OF THE WALL, GATE, AND LANDSCAPING FOR THE COMMUNITY PUMP STATION 101.16 REHABILITATION PROJECT; APPROVE THE REVISED NOTICE TO PROCEED ESTABLISHING SUBSTANTIAL AND FINAL COMPLETION DATES; APPROVE AFTER-THE-FACT PAYMENT OF PAY A PPLICATION 1 THE AMOUNT OF $93,094.24 FOR THE PROJECT WORK COMPLETED THROUGH AUGUST 31, 2023; AND APPROVE CONTINUED WORK AND COMPLETION OF THE PROJECT (PROJECT #70139) Item #16D1 AMENDMENT #9 TO THE STATE AND LOCAL FISCAL RECOVERY PLAN TO INCLUDE A REALLOCATION OF FUNDS TO SUPPORT AFFORDABLE HOUSING AND MENTAL HEALTH SERVICES AND ALLOW FOR THE PURCHASE OF ADDITIONAL AMBULANCES TO ENHANCE SERVICES THROUGHOUT COLLIER COUNTY – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D2 A BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED, IN THE AMOUNT OF $1,760.02, FOR THE PERIOD OF OCTOBER 2023 THROUGH DECEMBER 2023 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES FOR THE USE OF COLLIER COUNTY RESIDENTS March 26, 2024 Page 204 (PUBLIC SERVICE MATCH FUND 1840) Item #16D3 (1) A FUND TRANSFER IN THE AMOUNT OF $27,600 TO EMERGENCY SOLUTIONS GRANTS PROGRAM PY22 MATCH FUND FROM COLLIER COUNTY SENIORS FUND (2) TRANSFER $2,400 WITHIN EMERGENCY SOLUTIONS GRANTS PROGRAM HOUSING MATCH FUND FROM PY21 MATCH PROJECT TO PY22 PROJECT AND (3) REALLOCATE $677.60 OF MATCH WITHIN PY22 PROJECT TO MEET THE REQUIRED FEDERAL MATCH OBLIGATION FOR THE EMERGENCY SOLUTIONS GRANT PROGRAM Item #16D4 THE STATE HOUSING INITIATIVES PARTNERSHIP ANNUAL REPORT AND LOCAL HOUSING INCENTIVE CERTIFICATION FOR THE CLOSEOUT OF FISCAL YEAR 2020/2021 AND AUTHORIZE THE ELECTRONIC SUBMISSION TO FLORIDA HOUSING FINANCE CORPORATION TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS (SHIP GRANT FUND 1053) – WHICH IS DUE TO FHFC BY MARCH 31, 2024, VIA INTERNET SUBMITTION Item #16D5 THE CHAIRMAN TO SIGN THE HUD FEDERAL FINANCIAL REPORT SF-425 FOR THE CLOSE OUT OF THE HOME GRANT FOR FISCAL YEARS 2011, 2012, 2013, 2014, 2015, AND 2017 March 26, 2024 Page 205 Item #16D6 – Continued to April 9, 2024 (Per Agenda Change Sheet) Item #16D7 A DONATION OF $75,000 FROM THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC., TO THE COLLIER COUNTY PUBLIC LIBRARY FOR THE PURCHASE OF EBOOKS AND EAUDIO TO ENHANCE THE LIBRARY’S ELECTRONIC MATERIALS COLLECTION, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16D8 THE ANNUAL FY24-25 RETIRED AND SENIOR VOLUNTEER PROGRAM GRANT AWARD FROM AMERICORPS SENIORS IN THE AMOUNT OF $77,500 WITH THE REQUIRED MATCH OBLIGATION OF $47,754 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (HUMAN SERVICES GRANT FUND 1835 AND HUMAN SERVICES MATCH FUND 1836) Item #16D9 “AFTER-THE-FACT” SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES FOR THE CRIMINAL JUSTICE, MENTAL HEALTH, AND SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM IN THE AMOUNT OF $2,407,857 INCLUDING $1,207,857 IN MATCH OVER THREE (3) YEARS Item #16D10 March 26, 2024 Page 206 THE CHAIRMAN TO SIGN A FOUR-YEAR AGREEMENT BETWEEN COLLIER COUNTY AND THE DAVID LAWRENCE MENTAL HEALTH CENTER IN THE AMOUNT OF $900,000 TO OPERATE THE COLLIER COUNTY ADULT DRUG COURT PROGRAM UTILIZING FUNDS FROM THE DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE Item #16F1 ADOPT THE 2024 STRATEGIC PLAN WITH THE INCLUSION OF CHANGES BASED UPON DIRECTION RECEIVED AT THE FEBRUARY 6, 2024, BOARD WORKSHOP Item #16F2 TITLE TO TRACT 10, WIGGINS BAY, PHASE I, SUBJECT TO CERTAIN ENCUMBRANCES, PURSUANT TO ORDINANCE NO. 23-46 AND ITS RELATED AMENDED SETTLEMENT AGREEMENT – BETWEEN COLLIER COUNTY AND LODGE ABBOTT ASSOCIATES, LLC Item #16F3 CHANGE ORDER NO. 1 FOR A 180-DAY TIME EXTENSION FOR THE COLLIER COUNTY JAIL FIRE ALARM REPLACEMENT” PROJECT, UNDER AGREEMENT NO. 22-8018 WITH NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC. (PROJECT NO. 50237) – REVISING THE COMPLETION DATE TO NOVEMBER 28, 2024 March 26, 2024 Page 207 Item #16F4 – Moved to Item #11E (Per Agenda Change Sheet) Item #16F5 – Moved to Item #11F (Per Agenda Change Sheet) Item #16F6 THE THIRD AMENDMENT TO A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN PUBLIC SERVICES DEPARTMENT, COMMUNITY AND HUMAN SERVICES, AND COLLIER COUNTY EMERGENCY MEDICAL SERVICE (EMS), TO MODIFY SCOPE OF WORK FROM FOUR AMBULANCES TO THE PURCHASE OF UP TO SEVEN AMBULANCES UNDER COLLIER PUBLIC HEALTH INFRASTRUCTURE PROGRAM, ARP21-23, FOR A TOTAL OF $2.7 MILLION WITHIN THE EMERGENCY MEDICAL SERVICES GRANT FUND UNDER THE AMERICAN RESCUE PLAN ACT, LOCAL FISCAL RECOVERY FUND Item #16F7 RENEW A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR CLASS 2 ALS NON-EMERGENCY INTER- FACILITY AMBULANCE TRANSPORTS TO MEDTREK MEDICAL TRANSPORT, INC., TO PROVIDE INTER-FACILITY AND OUT OF COUNTY AMBULANCE TRANSFER SERVICES Item #16F8 BUDGET AMENDMENT WITHIN COUNTY WIDE CAPITAL PROJECT FUND (3001) IN THE AMOUNT OF $850,000 TO NEW AIR CONDITIONERS PROJECT (52162) FROM REROOFING March 26, 2024 Page 208 PROJECT (#52161) TO SUPPORT CURRENT PRIORITY NEEDS Item #16F9 RESOLUTION 2024-45: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) Item #16F10 AFTER-THE-FACT ELECTRONIC SUBMITTAL OF AN ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION TO FEMA IN THE AMOUNT OF $883,600.00 FOR THE PURCHASE OF 94 REPLACEMENT PORTABLE RADIOS FOR EMS AND TO ALLOW THE COUNTY MANAGER, OR DESIGNEE, TO SERVE AS THE AUTHORIZED REPRESENTATIVE IN THE ELECTRONIC SYSTEM, FEMA GO, THROUGHOUT THE GRANT PERIOD Item #16F11 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES UP TO AND INCLUDING $25,000 AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000. (ALL DISTRICTS) – FOR OTHER CONTRACTUAL March 26, 2024 Page 209 Item #16F12 THE CHAIRMAN TO EXECUTE AN AMENDMENT AND EXTENSION TO AN EXISTING AGREEMENT BETWEEN THE VILLAS AT BAREFOOT BEACH HOMEOWNER’S ASSOCIATION, INC., AND COLLIER COUNTY FOR A MAINTENANCE AGREEMENT FOR CONTIGUOUS PROPERTIES AT BAREFOOT BEACH PARK NORTH ACCESS – MAKING THIS AGREEMENT VALID FROM DECEMBER 10, 2023, THROUGH DECEMBER 10, 2030 Item #16F13 RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) AND PERMIT FOR A CLASS 1 (ALS TRANSPORT/ALS RESCUE) AND CLASS 2 (ALS INTRA-FACILITY ALS AMBULANCE TRANSPORT) FOR THE SEMINOLE TRIBE FIRE RESCUE DEPARTMENT WITHIN THE BOUNDARIES OF THE SEMINOLE TRIBE IN IMMOKALEE Item #16H1 PROCLAMATION DESIGNATING APRIL 13 - 20, 2024, AS PICKLEBALL WEEK IN COLLIER COUNTY. ACCEPTED BY MIKE DEE, CEO, PICKLEBALL FOR AMERICA AND TERRI GRAHAM AND CHRIS EVON, CO-FOUNDERS OF THE MINTO US OPEN PICKLEBALL CHAMPIONSHIPS Item #16H2 March 26, 2024 Page 210 PROCLAMATION DESIGNATING MARCH 2024 AS AMERICAN RED CROSS MONTH IN COLLIER COUNTY. ACCEPTED BY JILL PALMER, EXECUTIVE DIRECTOR, SOUTH FLORIDA REGION, AND DENNIS G.E. SANDERS, COMMUNITY VOLUNTEER LEADER Item #16I1 MISCELLANEOUS CORRESPONDENCE MARCH 26, 2024 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 26, 2024 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Naples Heritage Community Development District: 01/02/2024 Agency Memo, Signed Minutes & Agency Mailing 2) Cedar Hammock Community Development District: 02/13/2024 Agency Memo, Signed Minutes & Agency Mailing 3) Quarry Community Development District: 02/12/2024 Agency Memo, Signed Minutes & Agency Mailing March 26, 2024 Page 211 Item #16J1 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 20, 2024 Item #16J2 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $31,541,560.17 WERE DRAWN FOR THE PERIODS BETWEEN FEBRUARY 29, 2024, AND MARCH 13, 2024, PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 RESOLUTION 2024-46: APPOINT THE INITIAL MEMBERSHIP OF THE ROCK ROAD IMPROVEMENT ADVISORY COMMITTEE – REAPPOINTING GREGORY DAVENPORT AND BRIAN GALLIGAN WITH TERM EXPIRING ON MARCH 26, 2026, REAPPOINTING JEAN HOFSTETTER, JANA BOGER AND ALBERTO SANCHEZ JIMENEZ WITH TERMS EXPIRING ON MARCH 26, 2027 Item #16L1 THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE BOARD OF COUNTY COMMISSIONERS REVIEW AND ACCEPT THE 2023 ANNUAL REPORTS FOR THE March 26, 2024 Page 212 TWO COMMUNITY REDEVELOPMENT COMPONENT AREAS: BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE AND PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES Item #17A ORDINANCE 2024-07: AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CREATE THE HOME DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES AND HOME IMPROVEMENT STORE USES. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41), APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.77± ACRES. [PL20220000946] (COMPANION ITEM TO #17B) Item #17B ORDINANCE 2024-08: AN ORDINANCE REZONING PROPERTY TO ESTABLISH THE HOME DEPOT - SE NAPLES CPUD TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL/OFFICE USES AND HOME IMPROVEMENT STORE USES; AND TO REPEAL AN OLD PROVISIONAL USE RESOLUTION AND REZONE ORDINANCE COMMITMENT RELATED TO AN ACCESS ROAD. THE SUBJECT PROPERTY IS 13.77+ ACRES LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41), APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS March 26, 2024 Page 213 ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220000543] (COMPANION ITEM TO #17A) Item #17C ORDINANCE 2024-09: AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CREATE THE BOAT HOUSE COMMERCIAL SUBDISTRICT TO ALLOW A MAXIMUM OF 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES AND BOAT AND ENGINE SERVICES AND REPAIRS. THE SUBJECT PROPERTY, CONSISTING OF 3.5± ACRES IS LOCATED SOUTH OF RADIO ROAD, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. [PL20230002069] (COMPANION ITEM TO #17D) Item #17D ORDINANCE 2024-10: AN ORDINANCE REZONING PROPERTY FROM THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BOAT HOUSE CPUD TO ALLOW THE DEVELOPMENT OF UP TO 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) COMMERCIAL USES OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES March 26, 2024 Page 214 AND BOAT AND ENGINE SERVICES AND REPAIRS FOR THE PROPERTY LOCATED SOUTH OF RADIO LANE, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONSISTING OF 3.5+/-ACRES. [PL20230002068] (COMPANION ITEM TO #17C) Item #17E ORDINANCE 2024-11: THIS ITEM HAS BEEN CONTINUED FROM THE FEBRUARY 27, 2024, BCC MEETING. AN ORDINANCE AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE TO CLARIFY THE REGULATIONS PERTAINING TO MOBILE HOMES LOCATED IN THE COASTAL HIGH-HAZARD AREA, TO REMOVE DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY CODE OF LAWS OF ORDINANCES OR WITH THE FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS (COMPANION ITEM TO #17F) Item #17F ORDINANCE 2024-12: AN ORDINANCE AMENDING THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES TO UPDATE TEMPORARY EMERGENCY HOUSING AND FLOODPLAIN DEVELOPMENT REGULATIONS. (COMPANION ITEM TO #17E) Item #17G March 26, 2024 Page 215 ORDINANCE 2024-13: AN ORDINANCE AMENDING ORDINANCE NO. 2019-14, WHICH ESTABLISHED THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT, IN ORDER TO CONTRACT THE EXTERNAL BOUNDARIES OF THE DISTRICT, RESULTING IN A NET CONTRACTION OF 5.12± ACRES FROM 516.25± ACRES TO 511.152± ACRES Item #17H RESOLUTION 2024-47: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY23-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) March 26, 2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:32 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS HA L, CHAIRMA ATTEST: ^ CRYSTAL , ZEL, CLERK I1 s 1, A s.to,Ghai�man's si fora oN9 These minutes approv y the Board onA-pi/ o}3 J p 24/ , 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. Page 216