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Agenda 04/13/2021 Item #2B (BCC Minutes 03/09/2021)04/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: March 9, 2021 BCC Meeting Minutes Meeting Date: 04/13/2021 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 03/22/2021 2:28 PM Submitted by: Title: Deputy Department Head – County Manager's Office Name: Dan Rodriguez 03/22/2021 2:28 PM Approved By: Review: County Manager's Office Dan Rodriguez County Manager Review Completed 03/24/2021 2:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM 2.B Packet Pg. 14 March 9, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 9, 2021 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Acting Chairman: William L. McDaniel, Jr. Penny Taylor (Via Zoom) Rick LoCastro Burt L. Saunders Andy Solis ALSO PRESENT: Leo Ochs, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations March 9, 2021 Page 2 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Yes, thank you. Thank you very much. Good morning, everybody. Welcome. And the first thing we're going to do is our invocation and Pledge of Allegiance, and I believe -- is Ms. Sheila here? MR. OCHS: I don't see her, sir. I'm happy to do it. CHAIRMAN McDANIEL: Okay. If you would, please, lead us in an invocation, and then, Commissioner Solis, if you would honor us with the lead on the Pledge. Item #1A INVOCATION GIVEN BY COUNTY MANAGER OCHS MR. OCHS: Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens; that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name, amen. COMMISSIONER SOLIS: Repeat after me. (The Pledge of Allegiance was recited in unison.) Item #2A MOTION FOR COMMISSIONER TAYLOR TO PARTICIPATE VIA ZOOM; MOTION TO APPROVE TODAYS AGENDA - APPROVED AND/OR ADOPTED W/CHANGES March 9, 2021 Page 3 CHAIRMAN McDANIEL: I think we have a little housekeeping we need to do and decide whether or not we're going to allow Commissioner Taylor to join us virtually. COMMISSIONER SAUNDERS: I'll make the motion to authorize the participation remotely -- COMMISSIONER SOLIS: Second. COMMISSIONER SAUNDERS: -- under the circumstances. CHAIRMAN McDANIEL: Okay. MR. KLATZKOW: Could we just state the circumstances for the record just in case somebody challenges this. CHAIRMAN McDANIEL: What? COMMISSIONER SAUNDERS: She is in quarantine, I believe -- MR. KLATZKOW: For COVID. COMMISSIONER SAUNDERS: -- due to indirect exposure to COVID. MR. KLATZKOW: Thank you. CHAIRMAN McDANIEL: It's been moved and seconded that we allow Commissioner -- or invite Commissioner Taylor to attend virtually. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Good morning, Commissioner Taylor. I think you're allowed to speak now. COMMISSIONER TAYLOR: Thank you very much. Yes, I March 9, 2021 Page 4 am. And everything seems to be working, thanks to our wonderful technical people, and I look forward to a good meeting. Thank you very much for allowing me to join remotely. CHAIRMAN McDANIEL: Absolutely. MR. MILLER: I'm not sure where that's coming from. COMMISSIONER LoCASTRO: Will you please unmute your microphone. I'm just kidding. MR. OCHS: Mr. Chairman, I'd like to go through the agenda changes, if I may, at this point. CHAIRMAN McDANIEL: Yes, certainly. MR. OCHS: Thank you. These are the proposed agenda changes for the Board of County Commissioners meeting of March 9th, 2021. The first proposed change is to add Item 10D to the agenda today. This is a recommendation to discuss issues raised in a recent letter from the U.S. Fish and Wildlife Service. That item is added at Commissioner Taylor's request. And then we have two time-sensitive items on your agenda today, Commissioners. The first being Item 10C. This item will be heard at 10:30 a.m. That's the candidate presentations for the County Manager position; and the second is the add-on item that I just mentioned, 10D, and that item is requested to be heard no sooner than 1:00 p.m. Again, that's Commissioner Taylor's request. I believe there's a travel consideration there for the speaker. And the final note I have, Mr. Chairman, is because of the 10:30 time-certain, the court reporter break this morning is scheduled for 10:15. So we can come back after that break and begin your presentations. And that's all I have, sir. CHAIRMAN McDANIEL: Outstanding. Outstanding. Troy, you have public comment up on the screen. March 9, 2021 Page 5 MR. MILLER: Yeah, I have a registered remote speaker on Zoom for the consent agenda. Nora Alvarez. I'll ask Oscar to go ahead and prompt her to unmute. We've been trying to figure out what item it is with the communications with her, and I haven't seen anything yet. Nora, you're being prompted to unmute your microphone at this point, if you'll do that. I see you're unmuted. Can you tell me what item you want to speak on the consent agenda? MS. ALVAREZ: Yes. MR. MILLER: Yes. Nora, which item do you want to speak about on the consent agenda? MS. ALVAREZ: Yes. I say yes. Nothing special. MR. MILLER: Okay. We'll try to sort that out, sir. CHAIRMAN McDANIEL: Thank you. If somebody maybe could send her an email and try to figure it out what she's -- MR. MILLER: We've been trying to do that, sir. CHAIRMAN McDANIEL: Okay. Good, good, good. Well, I'm going to start to my left with Commissioner Saunders. Do you have any changes or adjustments and ex parte to the -- COMMISSIONER SAUNDERS: No changes to the agenda. On Item 17D, this goes back some time, but I've had correspondence and emails and telephone calls in reference to Item 17D -- CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: -- the Cirrus Pointe. CHAIRMAN McDANIEL: And, Commissioner Solis? COMMISSIONER SOLIS: No changes, no -- on the Cirrus Pointe, I've also had -- this goes back quite some time, maybe a couple years ago, I believe I had a conversation with at least one person on behalf of the applicant. CHAIRMAN McDANIEL: And no adjustments to the agenda? COMMISSIONER SOLIS: And no adjustments to the agenda. March 9, 2021 Page 6 CHAIRMAN McDANIEL: Okay. And, Commissioner LoCastro. COMMISSIONER LoCASTRO: No changes or adjustments, and no disclosure for 17D. As you all have pointed out, it's quite a bit dated. It goes back, so I wouldn't have anything nor have I had anything recently. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Thank you. Yes. I actually have gone back about five years, met with Mr. Yovanovich and the applicant at the time in December. I had several meetings with staff, a pre-meeting with staff before the NIM on the 17th of -- well, 2017 in August. I monitored the Planning Commission meeting, I reviewed tapes on the Cirrus Pointe going back to, I think, 2013. I also presented the Serus issue with Mark Strain to the CRA. And I have no other changes or adjustments. Thank you. CHAIRMAN McDANIEL: Very good. And I, as well, have no additions or adjustments to the agenda and, similarly with my colleagues, the old correspondence and communication in regard to 17D. So with that, I'll take a motion for the approval of the amended agenda. COMMISSIONER SAUNDERS: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve today's agenda as adjusted. Any -- any communication or conversation? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. March 9, 2021 Page 7 COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Okay. Now we move into -- March 9, 2021 Page 8 Item #2B FEBRUARY 9, 2021 BCC MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Item 2B, sir, is approval of the Board of County Commissioners' meeting minutes from the February 9th, 2021, meeting. CHAIRMAN McDANIEL: Take a motion. COMMISSIONER SOLIS: Motion to approve the February 9th, 2021, BCC meeting minutes. COMMISSIONER SAUNDERS: Second. COMMISSIONER LoCASTRO: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the meeting minutes from February 9th. Any discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #4 PROCLAMATIONS ITEMS - #16H1, #16H2 AND #16H3 READ March 9, 2021 Page 9 INTO THE RECORD MR. OCHS: Mr. Chairman, we move to Item 4, proclamations. As has been our custom during the pandemic, these items have been placed on your consent agenda but read out loud. So with your permission, sir, I'll go ahead and read this morning's proclamations' title. CHAIRMAN McDANIEL: I would like that, please. MR. OCHS: We have three. The first is Item 16H1. It is a proclamation designating March 9th, 2021, as Gentlemen Against Domestic Violence Day in Collier County. The proclamation will be mailed to Linda Oberhaus, Chief Executive Officer for the Shelter for Abused Women and Children. 16H2 is a proclamation designating March 15th through the 21st, 2021, as Sunshine Week in Collier County. A time to reaffirm our commitment to providing our residents with transparent, accessible, and honest government operations. A copy of this proclamation will be hand-delivered to each constitutional officer and each county commissioner. And, finally, Item 16H3 is a proclamation designating March 15th through the 19th, 2021, as Government Finance Professionals Week in Collier County joining in a statewide recognition of government finance professionals. A copy of this proclamation will be hand-delivered to the Clerk's Finance and Accounting Department with our gratitude, I might add. And those are all the proclamations that I have, Mr. Chairman. CHAIRMAN McDANIEL: Outstanding. Well, then let's move along to 5A. Item #5A March 9, 2021 Page 10 THE COLLIER COUNTY BUSINESS OF THE MONTH FOR MARCH 2021 TO THE CHILDREN'S ADVOCACY CENTER OF COLLIER COUNTY – PRESENTED MR. OCHS: Yes, sir. 5A is a presentation of the Collier County Business of the Month for March 2021 to the Children's Advocacy Center of Collier County. I believe Mr. Miller has a presentation queued up. MR. MILLER: Yes, sir. (A video was played as follows:) MS. STEVENS: I'm Jackie Stevens, and I'm the CEO of the Children's Advocacy Center here in Collier County. The Children's Advocacy Center has been in Collier County for over 30 years now. We were initially founded in 1986, and our mission is to provide -- basically, we're providing a medical and a social diagnosis of child abuse and neglect and also providing resources for children to heal when they have experience abused. We work with a little over 2,000 children and their parents every year. Our primary program is our Child Protection Team where we do the medical and social evaluation. So we work very closely with law enforcement and Department of Children and Families as part of the initial response to an allegation or a report of child -- suspected child abuse. So we're doing the forensic interview, we're doing the forensic medical evaluation, gathering any evidence like that -- (Technical issues with the video.) MR. MILLER: Well, that's not working. It does look cool. Tom, if you're in the control room, let's, please, switch out of aux. Thank you. Someone stopped my share screen, sir. (Simultaneous crosstalk.) "MS. STEVENS: -- without the appropriate intervention and March 9, 2021 Page 11 help, you know, their life doesn't necessarily turn out that well, but if you can get those services in that they need --" CHAIRMAN McDANIEL: How long of a video is this? MR. MILLER: It's just two minutes, sir. CHAIRMAN McDANIEL: Could you go back and start it again, please. (A video was played as follows:) MS. STEVENS: I'm Jackie Stevens, and I'm the CEO of the Children's Advocacy Center here in Collier County. The Children's Advocacy Center has been in Collier County for over 30 years now. We were initially founded in 1986, and our mission is to provide -- basically, we're providing the medical and a social diagnosis of child abuse and neglect and also providing resources for children to heal when they have experienced abuse and neglect. We work with a little over 2,000 children and their parents every year. Our primary program is our Child Protection Team where we do the medical and social evaluations. So we work very closely with law enforcement and Department of Children and Families as part of the initial response to an allegation or a report of child -- suspected child abuse. So we're doing the forensic interview, we're doing the forensic medical evaluation, gathering any evidence like that, and t hen making a determination has abuse occurred or has it not occurred, and what do we need to do to keep this child safe today, and what do we need to do to keep the child safe in the long term. Children who are abused and neglected, they -- without the appropriate intervention and help, you know, their life doesn't necessarily turn out that well. But if you can get those services in that they need, somebody listens to them, talks to them, helps them, they can heal and they can grow and they can succeed and do well in school. March 9, 2021 Page 12 And so, you know, those are the things that motivate us. When we see kids that come in here and we know we're making a difference and, you know, that they -- that there's hope for their future. We are very, very proud of this award and this recognition. It means a lot to us. This has been a particularly difficult year for everybody, but I was also extremely proud of our staff that, you know, we -- last year, last March where we had to kind of come together and figure out what we were going to do to continue to provide the quality and quantity of services that we were, everybody pulled together, and we pulled it off. And it's just -- this recognition means a great deal to us. (The video concluded.) CHAIRMAN McDANIEL: Okay. Cut. MR. MILLER: Someone has taken control from me, sir. All right. CHAIRMAN McDANIEL: Do you have control back? MR. MILLER: Yes. Thank you, sir. CHAIRMAN McDANIEL: Because we're not going to play if someone else is driving the bus. MR. MILLER: No. CHAIRMAN McDANIEL: Are we good now? MR. MILLER: We're good, sir. CHAIRMAN McDANIEL: Okay. County Manager, let's go to 5B, please. Item #5B RECOGNIZING THE HEROIC EFFORTS OF EVERYONE WHO STEPPED UP TO HELP OVERCOME THE UNPRECEDENTED EFFECTS OF THE COVID-19 PANDEMIC – PRESENTED March 9, 2021 Page 13 MR. OCHS: Yes, sir. 5B is a presentation recognizing the heroic efforts of everyone who stepped up to help overcome the unprecedented effect of the COVID-19 pandemic. Mr. Chairman -- Mr. Chairman, it might be appropriate for Commissioner Taylor to make some opening remarks since she kind of sponsored this one. CHAIRMAN McDANIEL: That would be fine. Commissioner Taylor. COMMISSIONER TAYLOR: Thank you very much. It's about a year ago that we learned very quickly how our lives were going to change, and it is something that we as a community have learned, unfortunately and fortunately, about the valiant and brave effort and also just the untiring efforts of our first responders who could not stay at home, who had to be on the front lines. I learned that the City of Naples was honoring this day, and I was asked to honor it at our commission, and I think it's only the right thing to do. We owe a lot to them. They gave us security. Think of this last year. Think of what we've gone through. Think of what happened with the -- with the turbulence over the Black Lives Matter and our community, and at all times our first responders were there. When ambulances came -- I'll just tell you a little anecdotal story. We had a wonderful -- we have a great family next to us with a little boy who managed to really scar his chin to the point where they were very concerned, and neighbors had come -- the EMS had come to my neighbor across the street, and they were tending her and found -- and went and left the house and were on their way, and I called to them, and they came over and put this little boy on a mailbox -- on the mailbox and looked at his chin and said, you know, it's okay; he doesn't need to go to the hospital for stitches. That's the kind of caring and attention that we have received as a March 9, 2021 Page 14 community, and I think this is the time to honor them to say thank you. Thank you for seeing us through this. Thank you for not betraying your trust if in -- not betraying our trust in you, and thank you for your strength, and this is for you. MR. OCHS: Thank you, Commissioner, Mr. Chairman. Ms. Price will open the presentation with a few remarks. Len. MS. PRICE: Good morning. Len Price, Administrative Services Department Head, for the record. As we hit this one-year mark, there are a lot of people who really need to be thanked and recognized, not the least of whom, yourselves for your leadership and support, the County Manager's Office, the County Attorney's Office. And so I say to the farmers and the truckers, to the grocers and cashiers, to those who packed our food and packed up meals, for those who never asked before, who never knew hunger and never knew need, to the teachers and the workers and the technical pros who turned tables and couches and living room floors into classrooms and offices from which to do chores. To those who made masks and wore masks and masked their own fear so we could live another day and live another year, to those who stayed home so we could be safe and those who came in so we could stay home. To the test givers and takers and tracers and such, and those who counted cases and reported the results, to those who tried and those who cried, to those with pride who did survive, we give our thanks but can't express the depth of our gratitude, the immensity of respect, for those who ran into the fray and faced the day, the enemy we couldn't see, with bravery, tenacity, ferocity, and strength, armed with nothing more than compassion, kindness, grace. And to those who fought a valiant fight but succumbe d anyway, March 9, 2021 Page 15 we hold your hand, we take a stand, and together we all pray: Dear Lord, please spread your blessing on each and every soul and help their friends and loved ones until we all are whole. Troy? MR. OCHS: Thank you, Len. Well done. (A video was played as follows:) New tonight, the World Health Organization just declared the coronavirus outbreak a pandemic. COVID-19 is in Collier County. We reported this as breaking news last night on FOX4 News at 10. Three confirmed positive cases. Our kids will not be back in a classroom until at least April 15th. This is a fluid situation, and I think you've got to be -- got to be willing and able to respond. I cannot express what a bad decision I think it would be to continue with those events. I know. I keep -- I don't mean to harp on it, but what are we going to do about our beaches? I remember it just as clear as yesterday. It was a very frightening time, and it was a very concerning time for our county. When the pandemic hit and schools had to be closed, ordered to be closed, we were already on spring break. One of only four of 67 districts. So 63 other counties could plan to have kids take home books, take home computers, and all of those things. We didn't have that ability. My staff and I, we talk about it and we say, you know, when we have hurricanes, we're very, very busy for, you know, a week or a couple of weeks, and then we can see a light at the end of the tunnel. In this situation, we didn't see that light because we knew we were going to be in there for the long haul. We know this has affected everyone nationwide. We know it's March 9, 2021 Page 16 affected our neighbors, our friends, our family, and our heart goes out to folks that have been through such a rough time and those that we have lost, and we think about that every day when we review plans, policies, and procedures and action. So from all of us here at Emergency Services, please know that -- our heartfelt sympathy for those who have experienced loss during this pandemic. No matter how hard it has been, we have had DOH employees working literally around the clock seven days a week doing contact tracing, keeping the public calm, and also providing our education and guidance and outreach efforts. No matter how exhausted we get, knowing that we are helping our community drives us and motivates us to continue performing our job at full capacity. It is frustrating. It has been a marathon event. We're starting to see a little light at the tunnel, and I could not be more proud of a community. It's been a team effort. Every agency -- I dare not list them all, because I'll overlook somebody -- but, you know, has really come together. We're communicating, coordinating, cooperating, and putting compassion in everything that we do every day associated with COVID. We hope to continue to vaccinate as many within the public as possible, and we'll continue to do that with the assistance of the Department of Health, and hopefully -- we're hoping to get to a place where we have enough people vaccinated that we can kind of go back to some type of normalcy so our crews don't have to wear masks and as much PPE as possible, because they'll be protected by not only the vaccine or herd immunity as much as it can happen. We're also very thankful today that we sit at 89 percent of our kids back in person in our schools. We're thankful that we've been able to have sports and activities all year. There are still March 9, 2021 Page 17 communities around the United States that are not even back, let alone all those activities. I'd like to thank, you know, the fire agencies, the law enforcement agencies, Department of Health, and even the county administrators and manager and commissioners as a whole. They've all been very supportive and really just looking out for each other and looking out for each other's mental health. Job well done, but it's not finished yet. The game's not quite over. As a team, we'll get through this and get back to pre-disaster conditions and enjoying Collier County. Thank you to everyone who's met the moment in supporting our students and our schools. A simple thank you from the bottom of all of our hearts. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. (The video concluded.) MS. PRICE: And that's it, sir. CHAIRMAN McDANIEL: Very good. Well, Commissioner Taylor, do you have anything else you'd like to add before we move on with our colleagues here? I'm aware. COMMISSIONER TAYLOR: Well, I think it says everything; however, I do believe we have some folks that have consented to come in, and I am standing and clapping. Thank you. CHAIRMAN McDANIEL: Yes, ma'am. Thank you very much for bringing that forward. Any comments from my colleagues up here? Commissioner March 9, 2021 Page 18 Solis. COMMISSIONER SOLIS: Yeah. I would like to also say thank you and just say how much I've admired everyone that's, you know, gone the extra mile during this pandemic. And I think one of the things that makes it so, for me, impressive was that this is a time when there's nothing to fall back on. So all of these decisions that our law enforcement, you know, our fire folks, the County Manager's Office, all this has been done on the fly and no -- with no track record or prior hurricane to look back on. So I really have a lot of admiration for the way it's all been handled and the ability to adapt and change with it being so fluid. So thank you from me as well. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I want to thank all of the essential services personnel, all of the people as noted in the earlier comments, the folks that bagged groceries, pumped gas, did all the things that people needed, especially our first responders, but I wanted to -- I want to thank the public, because I think the citizens of Collier County really had a good understanding of the severity of the issue that we were facing, and I think most people in Collier County did the right thing. They wore masks, they exercised social distancing, stayed away from large groups, and I think that's one of the reasons why Collier County has done fairly well comparatively during this pandemic. But I want to emphasize that we're a couple months away from the point where we can really relax. People need to kind of double down on the wearing of masks and social distancing and being careful, even those that have gotten their first and second doses of the vaccine need to continue to be vigilant, at least for the next two or three or four months. And I think by that time we'll be out of this and back to a much higher level of normalcy. So I just want to thank everyone in our community for taking the stand that they did and March 9, 2021 Page 19 being careful. COMMISSIONER LoCASTRO: I'll just add something that's a little different. I don't want to take away from any of the eloquent words that my colleagues up here said, but on the flip side, I will also say that these first responders work 24 hours a day whether there's a pandemic or not. I'm recalling back to my military days when, you know, we all deployed to Afghanistan and for, you know, a few months everybody had a flag in front of their house and then they slowly dwindled. Recall when the space shuttles both blew up. Everybody was an incredible patriotic American, and then it sort of fizzled out. So the challenge I would say is, pandemic or not, you know, if you're a firefighter, if you're an EMS worker, if you're a police officer, you know, it's scary to, you know -- and I've been a healthcare executive here locally and in other places. It's scary to walk into a room where somebody is on a respirator and has COVID but, you know, it's equally scary to pull somebody over at 2:00 in the morning and be a single police officer, you know, and in a vehicle with no partner and walk up to a car that's pitch black where the driver's leaning over and digging through the glove box and wonder what the heck's about to happen to you. And sometimes, you know, it's a tragedy. I'm looking at our firefighters there, you know, a couple of them who I know personally, and, you know, they've been on the job 24/7 and running into burning buildings. And so whether it's COVID or lots of other things, I think this is a good time to reflect just on the great job all of our first responders do every day whether there's COVID or not. And maybe this is a time where we just put them on the front burner and give it a little bit of a spotlight because of, you know, the recent issue at hand, but to never forget. Don't let that die out, because they're working 24 hours no matter what and are tired and, you know, sometimes short staffed and in a critical position March 9, 2021 Page 20 every single day. So thanks for what you do across the board, whether we have COVID or not. That's all I have to add. CHAIRMAN McDANIEL: And, you know, I have to say this. I have a list here of people that I've been asked to read to actually recognize, and it's certainly a partial list, and a lot of the folks that are on this list are my friends, and they don't do the job for thanks. They do the job. But from us to you, thank you. So with that, if I may, I'm going to read -- I'm going to read some of these names. And, again, these are the chiefs and the leaders of these organizations and first responders. And no slight to those whose names aren't officially being read today. But I just -- I want to take a moment and read these names. And it's Deputy Chief Jorge Aguilera. My friend. Chief Tom Weschler from the city police. Chief. Sheriff Kevin Rambosk. Sir. Fire Rescue Chief Chris Byrne, City of Marco. How do you do, Chris? Fire Chief Nolan Sapp, Greater Naples. My friend. Fire Chief Pete Dimaria, City of Naples. Chief. Senior Vice President, Jim Mahon of NCH Hospital. Marketing Chief Operating Officer Susan Takacs. Where's Susie? Oh, there you are. I didn't recognize you. MS. TAKACS: The mask. CHAIRMAN McDANIEL: CEO Dr. Emily Ptas -- COMMISSIONER SOLIS: Ptaszek. Say your name. DR. PTASZEK: Ptaszek. CHAIRMAN McDANIEL: I talk to Dr. Emily all the time but avoid trying to pronounce that. How do you do, dear? DR. PTASZEK: Great. CHAIRMAN McDANIEL: With the Healthcare Network of March 9, 2021 Page 21 Southwest Florida. Been an amazing partner with our Health Department and assisting our underserved communities in Collier County. CEO Daniel Dunmyer, Landscape Hospital -- or excuse me -- Landmark Hospital of Southwest Florida. Sir. And folks that weren't able to attend; my friend Michael Choate, Chief of the Immokalee Fire Department, and Chief Tracy Frazzano from the City of Marco. And unmentioned in this list, county employees, our EOC, our staff across the board who have had to manage through this process. As Commissioner Solis said, there was no rulebook when we were dealing with this, and you folks remember the arduous discussions that this board had making decisions on how necessarily to govern and manage our community throughout this process. So it's with that, to our first responders, thank you all very much. (Applause.) COMMISSIONER LoCASTRO: Mr. Chairman? CHAIRMAN McDANIEL: I've got -- I'll get to you. I'm -- you push your button, and I'll get to you. COMMISSIONER LoCASTRO: It's pushed. CHAIRMAN McDANIEL: Go ahead. COMMISSIONER LoCASTRO: I know how this works. CHAIRMAN McDANIEL: Do you? COMMISSIONER LoCASTRO: Yeah. CHAIRMAN McDANIEL: Okay. Wait for me to call on you then. Go ahead. COMMISSIONER LoCASTRO: See how easy that was? CHAIRMAN McDANIEL: Yes. COMMISSIONER LoCASTRO: First of all, that's a perfect list. I wanted to just add a couple others. No list is going to be complete, but I think we'd be remiss if we didn't talk about the March 9, 2021 Page 22 Neighborhood Healthcare Clinic and how much that they've done. St. Matthew's House and David Lawrence Center have really been, you know, busy all the time, whether there's a pandemic or not, but have really stepped forward. I know something that's near and dear to my heart and Commissioner Solis, the Wounded Warriors of Collier County. I mean, they're -- sir, I don't mean to steal your thunder -- I'll take that one out. You can -- they've also, you know, done incredible work. So I just wanted to mention them. Thank you. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Well -- and I was -- I was going to say the same thing, that there's a lot of organizations out there that have really stepped up. The Naples Senior Center has done an incredible job helping some of our senior citizens that maybe have trouble with technology. And, as Commissioner LoCastro said, I was just going to give a shout out to Wounded Warriors of Collier County. As of last week, they had helped vaccinate 293 senior veterans and their spouses. So they've done a great job as well. Thank you. CHAIRMAN McDANIEL: Well -- and as I said, you know, it's difficult when you're put in a position to read a list at all, because someone's going to get -- someone's going to get left out. So I want to thank -- I want to thank everybody again. And I appreciate Commissioner Taylor bringing this forward as a minute of acknowledgement for our friends that serve as our first responders. Thank you all again. Item #5C March 9, 2021 Page 23 AN UPDATE ON CORKSCREW SWAMP SANCTUARY’S DECLINING DRY SEASON WATER LEVELS AND COMPLETION OF A RECENT REGIONAL INVESTIGATION ON CAUSES AND SOLUTIONS – PRESENTED; MOTION TO BRING BACK AS AN ITEM ON A FUTURE BCC MEETING AGENDA WITH STAFF’S ANALYSIS – CONSENSUS MR. OCHS: Mr. Chairman, that takes us to Item 5C on your agenda this morning. This is a recommendation to receive an update on Corkscrew Swamp Sanctuary's declining dry season water levels and completion of a recent regional investigation on causes and solutions. This item was placed on the agenda by Commissioner Taylor. COMMISSIONER TAYLOR: I'm sorry. Mr. Chair, would you like me to speak to this or -- CHAIRMAN McDANIEL: Not -- I mean, not unless you have actual input. COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: I think there's someone from the sanctuary here. If not -- is Ms. Shawn here, or is she attending virtually? MR. OCHS: No. We have -- we have two speakers here from -- CHAIRMAN McDANIEL: Okay. And we're going to -- we're going to limit Brad's communication to just a minute. DR. CLEM: All right. Good morning. Thank you, Mr. Chair and Commissioners, for inviting us to be here today. I am Dr. Shawn Clem. I'm the research director at Audubon's Corkscrew Swamp Sanctuary, and I'm a community ecologist with over 20 years' experience working in the Everglades ecosystem. My colleague, Brad Cornell, and I are excited to share results March 9, 2021 Page 24 from a hydrologic modeling project that was recently completed by Audubon in partnership with the South Florida Water Management District Big Cypress Basin. CHAIRMAN McDANIEL: Do you need help pushing the buttons? DR. CLEM: I'm pushing it. It's just not doing anything. Let me see if I click if it will work. There we go. Now it's going. Corkscrew Swamp Sanctuary is a 13,000-acre National Audubon Society sanctuary located at the heart of the over 60,000-acre Corkscrew Swamp Regional Ecosystem Watershed. The sanctuary's home to the largest remaining stand of old-growth bald cypress in the world and is recognized as a Wetland of International Importance by the Ramsar Convention and a Wetland of Distinction by the Society for Wetland Scientists. This sanctuary owes much of its conservation status to this species, the wood stork. For well over a century, nearly every winter and spring the old-growth bald cypress trees that are now found within Corkscrew Swamp Sanctuary have supported a wood stork colony, a colony that historically was the largest wood stork colony in the U.S. In the early 1900s, National Audubon Society sent a deputized warden to live within this colony to protect it from plume hunters. In the late 1940s when logging ling was sweeping across the Big Cypress, Audubon acquired the property in order to protect the colony site from logging. In more recent years, Audubon's focus has been broadened as we continue to work to protect the sanctuary's natural resources, now often focusing on stressors that are coming from beyond our boundaries. The earliest estimate of the size of the Corkscrew Swamp colony was made in 1910 when over 100,000 birds were counted in the colony. Audubon staff began annual surveys of wood stork nesting March 9, 2021 Page 25 the late 1950s, and by the late 1970s we had seen the annual nesting numbers begin to decline. While the number of nesting pairs declined significantly, concurrent with development across our region and subsequent loss of wetlands that these birds use to feed, storks continued to nest annually until the mid 2000s. In 2007 we began to see a pattern where wood storks failed to nest at Corkscrew more often than they nested, with wood storks nesting in the sanctuary only five times in the last 15 years, and those five years averaging only 125 nests per year compared to the thousands of nests per year that we saw in the 1960s and 1970s. Throughout the Everglades, the scientific literature is clear that the hydrology drives the production of aquatic prey. More water results in more fish and crayfish, and the availability of that aquatic prey is what limits wading bird populations, more available food results in more wading birds. It was with this in mind that we first started looking into Corkscrew Swamp Sanctuary's hydrology hoping to answer the question, what has changed for wood storks over the past few decades that could be causing the decline that we've been observing? And we're fortunate to have a couple of long-term datasets that tell us some of this hydrologic history. For reference here in green is the sanctuary's Blair Audubon Center and two-and-a-quarter-mile boardwalk, along which we have several locations where long-term data were collected beginning in the late 1950s. Dr. Mike Duever and I analyzed and published these data with peer review in 2019. And at first glance, it was apparent that our hydrology had, in fact, changed over time, but these chan ges had gone somewhat unnoticed, because our annual and interannual hydrology is so dynamic. One of the places the change was most apparent was along the boardwalk at the lettuce lakes where wading birds gather in a feeding frenzy every spring. March 9, 2021 Page 26 We saw this area dry down completely about once every five years from the 1960s to the 1990s, but from the 2000s to 2019, it dried down four out of every five years, and when it dried down, the dry-down lasted 40 percent longer. Notably, our analyses indicated no change in rainfall patterns over this same time period. We then looked at how this -- we looked at this change over time to really try to better understand the timing of when that change happened. And this graph represents the water levels at the staff gauge at the lettuce lakes, in a typical year in the 1960s. The X axis across the bottom represents the hydrologic year from June 1st to May 31st, and the Y axis shows the water depth at that gauge with zero representing the ground level. So here in the 1960s, you can see water levels rise in the beginning of the wet season, reach an annual peak in early October, and then water levels slowly fall throughout the winter and spring months that coincide with wading bird nesting season. This long, slow water-level recession is critical for concentrating fish into depressions that allows wading birds to collect enough food to reproduce and fledge chicks. Looking at the shape of this graph decade by decade, we see a similar pattern in the 1970s, the 1980s, and the 1990s, and then we saw a dramatic change in the 2000s. Water levels are still reaching a similar wet season peak in early October, but water levels are falling below ground in May, not returning above ground until late June, and the slope of the line, or the speed that water levels are falling through the nesting season, is much greater. And we saw a similar pattern to this in a typical year in the 2010s. Again, to emphasize the change in the shape of this graph, you can see the 1960s side by side with the 2010s. When we looked at what this change looks like across our native habitats, we saw the hydroperiod -- which is the number of days March 9, 2021 Page 27 water levels are aboveground each year -- in our freshwater marshes decrease by 29 percent or became 2.6 months shorter, the hydroperiod of our iconic bald cypress decreased by 18 percent or became 1.9 months shorter; and that of our pond habitat, which ultimately serves as the deep-water refuge for aquatic animals like alligator and otters in the dry season, decr eased by 17 percent, also becoming two months shorter. So what are some of the implications of this change? Well, for wildlife, in addition to reducing the amount of food available for wading birds, alligators, and other fish-eating animals, over-drying of nesting sites can make the actual nests more vulnerable to terrestrial predators like raccoons, which we saw for the first time in the Corkscrew colony in 2018 when raccoons were able to climb the cypress trees, get into the colony, and eat the chicks and the eggs. For our plant communities, standing water throughout the dry season moderates the microclimate -- the humidity and temperature that our subtropical plants depend on. For -- dry conditions make it much harder for our land managers to maintain native communities using fire, and an over-dried swamp becomes vulnerable to catastrophic wildfire. Shortened hydroperiod decreases our capacity for recharging the aquifer, and the less time freshwater flows through our inland wetlands, the less filtration those wetlands provide. We also know that changing the hyrdo-period of our inland wetlands can change the timing and quantity of freshwater inputs into our estuaries. So where could this water be going? We focused on four factors that we thought were most likely to be contributing to the observed changes at Corkscrew Swamp: Groundwater withdraws for agriculture, groundwater withdraws for residential use; increased evapotranspiration which results from a change we've seen in plant communities across our region; and water management for flood March 9, 2021 Page 28 control. We think it's really important to note here that none of these drivers or stressors are unique to Corkscrew Swamp Sanctuary. This research is highly relevant to -- you know, throughout Southwest Florida, and it provides insights that can be applied in many other parts of South Florida and beyond. So the modeling project we just completed focused on the area immediately surrounding the sanctuary, which is shown here in green, and the area of the study was -- is the yellow polygon. Audubon contracted Water Science Associates bringing on Roger Copp, Kirt Martin, and Marcelo Lago as our modeling team. Our head modeler, Roger Copp, is here with us today, and I'd like to recognize him in the event there are any technical questions afterwards that he can assist with. Essentially, what we did was build a model that depicted current conditions, and then we ran scenarios that represented dramatic changes in hypothesized drivers. It's important to note that our first three scenarios were extreme. They were somewhat unrealistic, but they were only intended to kind of move the needle and allow us to understand the relative contribution of factors. So the first scenario was actually run as three different iterations. First, we eliminated all agricultural pumping within the model domain. Groundwater pumping was removed from all of the farms that are shown here in peach. When we did this, one area of Corkscrew Swamp actually became drier. It seems this area is wetter than it was historically due to farms pumping enough water that it raises the water table in local area. Elongating the hydroperiod in this year, we're seeing on the ground, is making land management challenging, as it currently doesn't dry out long enough to use prescribed fire as a land-management tool. March 9, 2021 Page 29 In the second run we eliminated all public wellfields, which are seen on this map here as white dots. While this change increased the hydroperiod in Flint Pen Strand, there was no impact on the sanctuary. And, finally, we eliminated both agriculture and wellfields, which resulted in a modest hydroperiod increase along Corkscrew's boardwalk, something on the order of the water being six inches deeper and the hydroperiod being a few weeks longer. So we saw a significant hydrologic change from eliminating pumping, but the model did not return the sanctuary to anything close to 1960s or 1970s conditions. The second scenario focused on removing willow, which is a native woody shrub that's been spreading across marshes and wet prairies throughout the Corkscrew watershed and other parts of the Everglades and Florida as well. This shrub has a higher evapotranspiration rate than the sawgrass that it generally replaces, and studies have suggested the spread of willow results in a net water loss for an ecosystem. In our modeling, removing willow reduced the amount of water loss to evapotranspiration, but the water savings was not enough to result in a noticeable change in hydrology. Our third scenario focused on eliminating drainage associated with flood control downstream of the sanctuary. For this scenario, we eliminated all canals and water-control structures in this yellow polygon, which lies south of the sanctuary and north, east, and west of Immokalee Road. Again, eliminating flood control in this region was never meant to be a realistic scenario and only one we could use as a tool to look at the impact that those canals may be having on the sanctuary. We found that downstream drainage is far and away the greatest stressor on the system and reducing downstream drainage will March 9, 2021 Page 30 be -- likely be the key to restoring appropriate hydroperiods in Corkscrew Swamp Sanctuary. When we removed these canals, we saw a significant increase in sanctuary water levels and hydroperiod, and this graph that I've shown here, you can see the current conditions in red where we dry down below ground every year. And the scenario outcome is in blue where you can see we don't dry completely down. And what we see is actually pretty similar to what we saw at Corkscrew Swamp in the 1960s and the 1970s. It's also worth noting here that we know downstream conveyance associated with the Corkscrew Canal was improved in the mid 2000’s, around the same time that we began to see significant hydrologic change in the sanctuary. Knowing that completely removing flood control downstream of the sanctuary is not realistic, for the final scenario we focused on what we can do. We explored options that would reduce outflows from the sanctuary while maintaining flood protection for our neighbors, the homes and businesses south of the sanctuary. In this scenario, we added a berm and a clay cutoff wall along the northernmost trail at Bird Rookery Swamp which lies just south of the sanctuary, along with some new weirs and operation changes to existing structures. This scenario demonstrated that retaining groundwater through the dry season is possible with engineering, but we weren't able to see as much hydrologic improvement as we were hoping to see. We identified a need for improved topography and more monitoring data in this region in order to develop a robust mitigation strategy for the sanctuary. So to conclude, our modeling project suggested two driving factors significantly impact sanctuary hydrology: Downstream drainage and groundwater pumping. Downstream drainage clearly had the greatest effect, and we found we were able to reduce some of March 9, 2021 Page 31 that drainage through engineering and operations changes, but more work needs to be done to develop a comprehensive mitigation strategy and plan to restore Corkscrew Swamp Sanctuary's hydrology. We found that in wetlands immediately downstream of agriculture, groundwater pumping has a negative impact on sanctuary hydrology, which creates a real challenge for a land manager, since it fosters the spread of willow and inhibits prescribed fire. We also found that while removal of invasive woody vegetation has clear benefits for wildlife, this type of restoration does not result in significant water savings for the sanctuary. My colleague, Brad Cornell, will now share Audubon's policy recommendations stemming from the results of this modeling study. Thank you. MR. CORNELL: Thank you. Good morning, Commissioners. Brad Cornell with Audubon of Florida, Corkscrew Swamp Sanctuary, and also Audubon Western Everglades. So I appreciate the time. Again, as Dr. Clem shared her slides, I want to just frame this, the Corkscrew Swamp Sanctuary's hydrologic model is a very powerful new tool not only for the information that it provides Audubon to diagnose the causes of a 20-year decline in water levels and all the harm that goes with that, it also illuminates the regional nature of watershed hydrologic impacts and solutions. That regional nature requires Audubon to work collaboratively with the Big Cypress Basin, the South Florida Water Management District, local governments, including Collier County, and all of our land-owning neighbors in order to solve these grave challenges for everyone's mutual benefit. So following are some ideas on strategies to fix this problem. Starting off, let's look at demands for flood protection and the need to March 9, 2021 Page 32 hold more stormwater. The map that we're looking at here is the five-year floodplain map for Bonita Springs. It shows areas in blue that flood every five years, which is pretty frequently. We all should strongly support the buy-out of properties which repeatedly flood and help lessen the demand for flood protection and drainage from upstream wetlands for areas that are hard to defend. Shifting water from the Imperial River Basin to the Cocohatchee River Basin, however, risks increasing drainage of Corkscrew Swamp Sanctuary, and this is an issue that Commissioner Solis has been wrestling with, with Bonita Springs and with the Water Management District to find a mutual solution. Another positive approach is retrofitting old stormwater systems like new weirs on the Twin Eagles or fairgrounds ditches and designing new stormwater systems to hold more water throughout our watershed basins which will further hydrologic health. Collier County's Watershed Management Plan, which was adopted back in 2011, identifies a whole suite of strategies, both structural and nonstructural, to help solve these kinds of problems. Likewise, the South Florida Comprehensive Watershed Management Plan adopted by the Water Management District and the Army Corps of Engineers in 2013 provides data and analysis on many projects throughout the region to improve water resources. Understanding the regional nature of this watershed issue and using the Corkscrew Swamp model as a basis, Audubon and the Basin and Collier County and others should collaborate with the major watershed science and restoration efforts that are going on, including the Lee Flood Mitigation Plan and the South Lee Watershed Restoration Initiative Modeling project, plus acquisition and restoration of strategic parcels like the CREW headwaters that are shown here northwest of Lake Trafford in green, that polygon to the northwest, or expanding public lands into the CREW project March 9, 2021 Page 33 north of Bonita Beach Road in East Bonita Springs all would benefit CREW resources. And I want to emphasize here again, restoring and protecting the health of the CREW wetlands is key to lessening downstream red tide and algal blooms, plus lowering the risk of catastrophic wildfire and the collapse of South Florida's water-based economy. Just last May there was a 9,000-acre wildfire in North Belle Meade and Golden Gate Estates that required over 700 families to evacuate, so the risk is clear, both to people and to nature. Rule-making could be pursued to add environmental resource permitting programs and 404 wetland permitting criteria to avoid building in floodplains. Collier County could be more proactive on floodplain avoidance in the Growth Management Plan and LDC. Likewise, we should consider rural criteria to prohibit any discharges which would harm downstream conservation lands like we're experiencing now in the north side of Corkscrew Swamp. And I want to note that National Oceanic and Atmospheric Administration, or NOAA, they have data that show we have lost over 30,000 acres of wetlands in Lee and Collier Counties since 1996; just those two counties. Public investment and partnerships are needed to retrofit existing water management systems that are shown to harm their neighbors; and as we noted in the modeling results, public water supply wells can undermine wetlands even five miles away. This lower west coast water supply plan map that you see here show us the prevalence of surface water sources of public water supply. All the blue dots are surface water wells. So we are kind of infamous in Southwest Florida for depending on surface water. We need to move away from that. Next steps. We need to -- we need more monitoring data collected using additional sites. We must solve the problem also of March 9, 2021 Page 34 inaccurate LiDAR topographic data. This is a problem that everybody has with LiDAR, because tree canopies and water and wetlands confuse the technology. And we need to run additional modeling scenarios to test more options to address the problems. What we tested showed promise, but it wasn't enough. It wasn't getting us enough water back. Above all, collaboration with landowners, agencies, local governments like Collier County, and on a regional basis is what's necessary to solve these water problems for everyone's benefit. How can Collier County help? Along with the Big Cypress Basin and Bonita Springs, let's pool our resources and ideas to come up with the strategies like underground clay barriers, new gated weirs, stormwater fixes, and get them modeled and then build them together. We are holding follow-up meetings this week with the Big Cypress Basin staff, and we hope that we could also meet with your staff soon as well, if you give direction. We want to especially thank Kirk Martin and Roger Copp of Water Science Associates and Marcelo Lago of Lago Consulting Services for their excellent modeling work, and we want to give a special thanks to Dr. Duever and Anatha Nath with Collier County, actually, and we are grateful to the South Florida Water Management District and the Big Cypress Basin, including Akin Owosina, Kent Feng, Lisa Koehler, and the Chair of the Big Cypress Basin, Charlette Roman, for their collaboration and support. And as Dr. Clem mentioned, we have the principal modeler, Roger Copp, with us in the audience. So if you have any questions of any of us, we'd love to entertain it. We think this is a really big issue for Collier County and for Audubon. So thank you for the opportunity to share it with you-all. CHAIRMAN McDANIEL: Absolutely. It's good seeing you, my friend. There are a few questions. I have several, and I'm going March 9, 2021 Page 35 to call on my colleagues here first -- MR. CORNELL: Please. CHAIRMAN McDANIEL: -- and then I'll come at you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I have a couple questions and maybe a comment or two. One of the issues that we have struggled with as a board for the last two or three months is the issue of the expansion of the Big Cypress Basin boundary, permitting those funds collected in that area in Lee County to be focused and used only in Lee County as opposed to being used in the Okeechobee basin. So a couple questions. Number one, has your organization taken any position in reference to the expansion of the Big Cypress Basin -- (Simultaneous crosstalk.) MR. CORNELL: We have not. We have been meeting with Senator Rodriguez and with Senator Passidomo and trying to sort out the pluses and minuses. The bill has been modified from its original form. And I listened to your long discussion about that at your last meeting, and it's clearly -- it's not black and white. So there are some good things that could come out of a regional approach to funding these sorts of things, and there is some challenges, including such things as ramping up drainage projects, which, you know, is not -- you know, while we want to protect people, we don't want to over drain our resources, so we have not taken a position. COMMISSIONER SAUNDERS: All right. In terms of a lot of the things that you discussed in terms of water management, flood management, acquisition of property, especially in the Bonita Springs area, do you know if there are sufficient funds within the Bonita Springs budget to acquire properties that you're describing? March 9, 2021 Page 36 MR. CORNELL: So you may remember -- I think it was two years ago there were federal funds allocated to the state of Florida in the amount of about $350 million, if I recall correctly, for this express purpose, to buy out properties that repeatedly have claims for flooding, and East Bonita Springs was a logical place to spend some of those monies. I don't believe that program saw a lot of traction, and I think that was the right idea. And so whether it's through FEMA or some other program like that or through a state program that is yet to be materialized, I think that's what we're talking about. (Simultaneous crosstalk.) MR. CORNELL: So does Bonita Springs have it? No. COMMISSIONER SAUNDERS: I was going to say, I can sort of answer that question for you. They don't have the funds available for that type of acquisition. MR. CORNELL: Right, right. COMMISSIONER SAUNDERS: So one last question, then, because I've been supportive of the expansion of the Big Cypress Basin, and the reason I've been supportive of it is just the testimony that's been presented this morning indicates that in certain areas of Collier County we need more water. And how do we get more water into this preserve? It seems to me that that water would come from the north, most likely, and -- because we're not going to be eliminating drainage and flood control systems to the south to accommodate that preserve, because then we'll be flooding our neighbors here south of that. So it seems to me that the issue is more money for more flood control and water management that would benefit both Collier and Lee Counties, and that's the reason that I've supported the expansion of the boundary. And it sounds like -- and this is kind of a question. It sounds March 9, 2021 Page 37 like we don't have a whole lot of options to fix this problem short of generating more revenue, more money, to do the things that are necessary to fix this problem. Is that -- I mean, is that a fair statement? Everything -- MR. CORNELL: Everything does cost money -- COMMISSIONER SAUNDERS: -- depends on the money. MR. CORNELL: -- absolutely, and the kinds of strategies that are in your Collier County Watershed Management Plan from 2011 as well as the other restoration plans as well as the way the Big Cypress Basin manages their canals and your own stormwater department manages their facilities clearly cost money. And I think it's not entirely accurate to say we have no options in terms of south of Corkscrew Swamp Sanctuary. The options that we're looking at that we modeled have to do with holding more water back, retaining more of the water so it doesn't go to tide down the Cocohatchee Canal or the Cocohatchee River. So adding weirs to, like, the fairgrounds ditch or to the Twin Eagles ditch or looking at operation schedules and making weirs gated rather than just sort of a fixed-crest weir, those sorts of things would all be an improvement south of it. So we can fix our things, and those are in your -- actually, they're in your Watershed Management Plan. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor, do you have questions, before I -- before I go? COMMISSIONER TAYLOR: No. But after you go and after my colleagues have commented, I'd like to perhaps suggest something. So I would like to wait until I hear from you, sir -- CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: -- and my colleagues. Thank you. CHAIRMAN McDANIEL: I see you brought your chief March 9, 2021 Page 38 modeler with you, and you and I have had lengthy discussion with regards to this circumstance. And, Commissioner Saunders, one of the things that -- and I don't know -- and, County Manager, maybe, if you can help me a little bit. There was some discussion about modeling being done, because on one of the maps that was shown there, one of the main Golden Gate canals that runs all the way from just south of Immokalee Road clear down through and ties into and ultimately feeds into the Gordon River is right there at the north end. And we've had discussions about rehydration processes. You know, we're spending $30 million on the south end of that pump -- of that canal system to pump water and rehydrate the north -- the south end of the North Belle Meade. You and I have had discussions about rehydration efforts through the -- to becoming Immokalee Road villages, I think, is what they're called. You and I have had discussions about -- because one of the -- one of the interesting points is one of your favorite commissioners lives right up there next to the sanctuary; that'd be me. When you get water on the north side of Immokalee Road, it flows north, not very far north of Immokalee Road. The topography drops off and into the sanctuary. And with the advent of the development that's coming, the Hogan Island proposed project and the RLSA, the Immoka lee Rural Villages, that main canal system, we can still support the dehydration or, if you will -- I don't want to call it dehydration. The reduction of water level in the residential areas south of the swamp and promote rehydration efforts back into the sanctuary just with a pump system to move the water either over or under Immokalee Road and tie it into -- because if you'll recall, part of the development criterium in the RLSA is a hydric barrier around those residential developments. And that water could be flowed straight into that hydric barrier March 9, 2021 Page 39 on -- for the proposed Hogan Island project and gravity feed right straight in and assist with the rehydration processes. So have we -- that's a long statement to get to the question: How are we coming with the modeling? Because you and I had talked about that in that regard. MR. CORNELL: So modeling, as you know, is very expensive. We focused on what we saw as the most likely culprits, if you will, in terms of sources of dry season water level declines in Corkscrew Swamp Sanctuary. Clearly, that's not the end of the story, but it did identify a very prominent factor in those declines, the overdrainage factor from the south. CHAIRMAN McDANIEL: Well, originally, the canal systems were dug to, literally, drain the swamp. That's what they were there for. MR. CORNELL: Right. So it shouldn't be a surprise the canals are draining. CHAIRMAN McDANIEL: We've now subsequently learned that that wasn't such a great idea, and a balance can, in fact, be maintained, so... MR. CORNELL: Right. And so the question now that's in front of us is, how can we protect our water resources and prevent catastrophic wildfire risk both for the sanctuary and resources as well as for the people living in Golden Gate Estates or the Corkscrew Island community or North Belle Meade? All those places are very vulnerable. So we need to figure out how to keep our flood protection and keep our wetlands hydrated like they used to be, and that's a big challenge. And modeling will help. We need more ideas and funding for those modeling efforts to look at strategies to fix -- CHAIRMAN McDANIEL: I'm going to swing back to my county manager. Leo, we talked with Gary McAlpin, I think it was a March 9, 2021 Page 40 year, maybe two, ago, and in the modeling processes for that $30 million pump apparatus on the south end we were going to include the modeling for the north end. Was that ever done? MR. OCHS: Not to my knowledge, sir. CHAIRMAN McDANIEL: Okay. And, now, that comes back around to a similar comment that I heard coming out of Commissioner Saunders, and that is my first take on the combination of Lee County's proposed boundaries into the Big Cypress Basin is close to four and a half million dollars a year that can be devoted over to projects in Lee County and, of course, coordination on how those monies are expended for rehydration purposes, so ons and so forth, can -- at the end -- I think you said it earlier, and money is a key factor as to how we get through this process. So -- MR. CORNELL: No question. CHAIRMAN McDANIEL: -- I would like, if possible, County Manager -- and, again, just, again -- if we have to have -- I think Commissioner Taylor's going to do what I was thinking about doing, and that would be actually bring this back as an actual item, public discussion, and maybe we can make some policy decisions as to how we can assist with this -- with this rehydration effort. I would certainly entertain that if my colleagues are okay with it. And 4.5 million coming from Lee County for projects that are upstream of the sanctuary could actually be a huge benefit. Are there -- have you seen anything in the CERP and WERP processes that potentially -- I'm getting a lot of back-feed -- the CERP and WERP programs, Central Everglades Restoration Program -- you know what they are -- because I know they're doing that C43 reservoir right off the Caloosahatchee for water quality coming out of the river, and that southwest corner of that reservoir is right next to the main canal, the East Lee County drainage district that runs clear down and underneath State Road 82 and into the north end of our March 9, 2021 Page 41 CREWs. So has there been any discussion about rehydration efforts coming right straight out of the river? MR. CORNELL: So if you look at the Southwest Florida Comprehensive Watershed Management Plan and the modeling effort that, actually, I believe Roger Copp is going to be working with the CHNEP on for South Lee County, those kind of questions are going to be explored both through modeling and looking at the projects that have already been kind of initially spec'd out for consideration, because the CREW system is part of it, but South Lee and North Collier is -- it's a big area, and it's really critical to everybody's interests. So that's an expansion of that whole modeling and restoration question that you're raising. CHAIRMAN McDANIEL: Absolutely. MR. CORNELL: And so, yes, that should be explored. CHAIRMAN McDANIEL: I hope it is. I'd like to see that. And with that, I'm going to go to Commissioner LoCastro. I got it. COMMISSIONER LoCASTRO: Mr. Cornell, I just want to say, I'm really impressed with this presentation and your deep dive and eloquence. You know, sometimes people come to the podium and they just sort of raise their voices a little bit about all the things we're doing wrong and this and that but don't really package it the way that you have. I'll get a little off topic here, but it is under the umbrella of the environment. One of the -- I'm not minimizing this at all. This is a huge project, and this has really gotten me up to speed on the opportunities, challenges, possible solutions, but it's got me sitting here thinking that one of the things that I'm putting on the -- on the short list for District 1 is Tigertail, you know, Beach, Tigertail Lagoon. So different topic but same experts. Be prepared for me to March 9, 2021 Page 42 reach out to your team through our staff. I'm about to host sort of a first meeting where I really could use analysis at this level on, you know, some things that are going on at Tigertail, which are a little different of an issue, but it's all environment. So I just wanted to plant that seed. Make note of my name. Somebody grab my business card. I'll work through the staff. But this is the kind of expertise I need to add to my, what I call, like, sort of, you know, my kitchen cabinet, my Tiger team so we can really talk about what's happening, what is possible. You know, there's a lot of experts in District 1 that I'll say, you know, why haven't we done this, this, this, and this, and I guarantee if I brought you, Fish and Wildlife, and a few other environmental agencies that I think highly of to the table, they would say, hey, all those are great ideas but, actually, they can't be done, and here's why, and here's why you wouldn't want to do them. And that's the -- I want to separate rumor from fact with actual experts and not just people that all sort of want to do rapid things that cost a billion dollars and actually would harm more than hurt. So I look forward to getting to know your organization a bit more, and, you know, this is the kind of science and expertise and deep dive that we need so, you know, we're making the right decisions on our, you know, dwindling pieces of environment that are highly impacted sometimes by very small things that have a really big, you know, negative impact. So thank you, and I look forward to working with you-all. MR. CORNELL: Thank you, Commissioner LoCastro. And I will just note that you hit a theme that we have tried to emphasize, which is healthy watersheds upstream are directly linked to good water quality and reducing impacts like red tide and other things on downstream on the coast. COMMISSIONER LoCASTRO: So find your Tigertail expert, March 9, 2021 Page 43 okay. And if that's you, I look forward to meeting. MR. CORNELL: I am not a scientist. The scientists are sitting behind me. You're asking the wrong person to be talking up here. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yeah. I would just like to thank Brad and the folks from the Corkscrew Swamp Sanctuary for the presentation. It was very well done, and just -- I don't know how to do this other than to kind of ask the question. The issues that have been suggested or raised in the presentation, County Manager, I mean, I think everybody feels that these are really important issues, and I'm just wondering, is there anything else or more that we could do in terms of staff working with, you know, the Audubon, the other environmental groups to find more holistic ways that the county can participate in in doing these things? I mean, are we maximizing what we're doing, or do you need some direction to do that to spend staff time? I'm just curious. MR. OCHS: No, sir, I don't need any additional direction. I think the Chairman was about to go there in terms of a follow-on staff report and analysis, and that would, obviously, require us to spend that time with these folks and others in the region, both in Lee and Collier, to make sure we're giving you the best information that we can. COMMISSIONER SOLIS: Yeah. I think we need to -- we need to be as proactive as we can, obviously. You know, the issue of the expansion of the Big Cypress Basin, I think Mr. Cornell hit the issue right on the head, and that is at this point there's -- we need time to sift through the pros and cons of that because, you know, it would be great in the $4 million were used to address these issues, but they might be used for something else that would -- that would exacerbate March 9, 2021 Page 44 that. So I think that's the issue as far as I'm concerned. But, yeah, I would like to see us as a county working as proactively as we can with everyone to address these issues because they -- you know, it's -- obviously, the sanctuary's probably just kind of a thermometer for the whole environment -- CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SOLIS: -- there and south of there as well. So we need to pay attention to what's going on there. CHAIRMAN McDANIEL: Absolutely. MR. CORNELL: Commissioner Solis, if I may just comment. And what County Manager Leo Ochs just said, too, you have very capable staff. In fact, I have learned a tremendous amount from your staff. And, likewise, the Big Cypress Basin and Water Management District have extremely talented water managers and engineers that are part of this, and there's no way t hat any one of us can solve this problem by ourselves. And so that's what I guess I'm encouraging you-all to think about participating. You have your own facilities, your own weirs, your own canals, and that has a big influence on how we solve this problem. CHAIRMAN McDANIEL: There's no silver bullet. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much. I was curious, Mr. Cornell, about the two documents that you mentioned at the beginning of your presentation which I thought you said -- maybe I interpreted what you said -- that these were very good reference documents for what could be done. Am I incorrect on that? MR. CORNELL: No, you're correct. So your own Collier County Watershed Management Plan from 2011 has a suite of both structural and nonstructural projects that still are relevant today, and March 9, 2021 Page 45 also the larger Southwest Florida -- former Southwest Florida Feasibility Study now called the Southwest Florida Comprehensive Watershed Management Plan, it's basically Everglades restoration for Southwest Florida, and that was completed by the Army Corps and the Water Management District back in 2013 after a decade of engineering and discussions amongst many, many agencies, including Collier County, for years. So those are both treasure troves of ideas about how to address water problems. COMMISSIONER TAYLOR: All right. Thank you. And I see the time; it's -- you know, that it's waning here. My suggestion to my colleagues -- and, Commissioner Solis, I'm agreeing with what you also said, to encourage staff to continue working with the Audubon about this treasure we have, this Corkscrew Swamp Sanctuary which is a huge driver for tourism; it's a money-maker, meaning it helps pay taxes, as well being something that is critical for a barometer of the health of our system. And I would like to see if there's any willingness among my colleagues to ask for a presentation of these two documents referenced by Mr. Cornell. Then we will, I think, have a grasp of the -- of the problems and the solutions from a scientific background, two of these documents. I'm not suggesting that we spend an afternoon or workshop on them, but I do think it's worthy of -- for me, at least, to review it, and I think for the public. And that's all I -- that would be a motion, if I have any kind of support for that -- COMMISSIONER SAUNDERS: I'll second that if it's a motion. COMMISSIONER TAYLOR: -- to have staff continue -- CHAIRMAN McDANIEL: Yeah, we're good, Commissioner Taylor. I think we're all shaking our head in an affirmative manner, March 9, 2021 Page 46 and staff's got direction -- do you need to have a vote on that or -- formally? MR. OCHS: No, sir. I understand what you need. CHAIRMAN McDANIEL: No? Yes? We're good? And it's similar, Commissioner Taylor, to what we were talking about as well. I mean, we all -- everyone, I know, believes and knows about the importance of the sanctuary. So I think it's a very valid point in the beginning of a process for us to be adjusting policy so that the left hand is talking to the right. I've said it a hundred times: Everybody -- we all live downstream, and it's imperative that we maintain that communication. So thank you, Commissioner Taylor, for bringing that item forward. So with that, thank you very much. MR. OCHS: Thank you. CHAIRMAN McDANIEL: We are going to do our 10:30 certain at 10:40, and we're off now till 10:40. (A brief recess was had from 10:21 a.m. to 10:40 a.m.) MR. OCHS: Mr. Chairman, you have a live mic. COMMISSIONER SAUNDERS: It was Andy's fault. CHAIRMAN McDANIEL: Yes. It was Commissioner Solis' fault, and I was sharing with them we were going to be docking their pay if they continued to show up late, so... Item #10C ADDITIONAL STAFF DIRECTION REGARDING THE COUNTY MANAGER RECRUITMENT PROCESS – MOTION TO RANK TOP THREE CANDIDATES BY MONDAY, MARCH 15TH AND BRING BACK FOR FURTHER DISCUSSION AT THE MARCH 23RD MEETING – APPROVED March 9, 2021 Page 47 MR. OCHS: Commissioners, we move to your time-certain item this morning. It's Item 10C on the agenda. These are the scheduled presentations from your five finalists for the county manager position. I'll turn this over to Ms. Lyberg to make opening remarks. MS. LYBERG: Good morning, Commissioners. For the record, Amy Lyberg, Human Resources Director. Today you have five finalist candidates to consider for the position of county manager. You'll be hearing them in alphabetical order by last name. Mr. Carlisle will present first, then Mr. Chapman, Mr. Isackson, Mr. Rodriguez, and then Dr. Yilmaz. So we'll go ahead with that and go ahead and get started. Each of them have 10 minutes plus any questions that you may have. CHAIRMAN McDANIEL: Outstanding. And if you want to use both podiums, that way we'll save our cleaning person a -- MR. MILLER: Mr. Chairman, there are a couple of PowerPoints for some of these gentlemen, so they will need to be there. CHAIRMAN McDANIEL: Oh. MR. CARLISLE: Good afternoon, Commissioners. I appreciate the opportunity to present to you. I'm currently the city manager for the City of Sebastian. And, you know, I think it's a great opportunity to serve Collier County should you choose me to be your next county manager. I just wanted to go over some of my history and some of the things that I think were important that you as the County Commission had put in a document that you had provided to Ms. Lyberg, traits that you wanted to see in a county -- your next county manager. So when we look at my work experience and my background, it kind of puts me in a unique position to help serve Collier County. You know, my previous prior-to-governmental work was in site March 9, 2021 Page 48 development and doing -- building community and building the infrastructure and the water and the sewer and the stormwater and the roads. You know, I was working in Wellington, building the roads in Wellington, and went to work for Wellington after that and helped make it a community at the time it was a Water Management District and, as part of the team, to help develop the land development codes and the things that make Wellington what it was. And 11 years I worked there before I went into Lake Park. But I've had the opportunity to work in both coastal, agricultural, rural, metropolitan organizations and managed in those. So, you know, Collier County has all of those, the agricultural communities, you have the metro areas. You have all of those traits that I have had -- I've been fortunate to be able to manage and to work in. So it gives me a unique opportunity to bring us and bring Collier County forward as you move through this process, you know. And again, my history is there. Organizations of -- the professional organizations; the ICMA, International County Managers Association; public works; and I also serve as the chair of the Indian River County Executive Roundtable, and that's a philanthropic group that's composed of county leaders, commissioners, city managers, police chiefs, and other governmental organizations, juvenile justice. And we reach out into the underserved youth of our community, and we do fundraisers and provide grants to them, Kids of Hope and things of t hat nature, to try to help foster those that are less fortunate and try it help them, give them a hand up and move forward. I think those are the important points as you become part of a community, and you'll see that in some of the letters that I've -- or comments that I've gotten from some of my previous employers as part of your presentation. It's important for us to be -- not only manage a community but to March 9, 2021 Page 49 be part of the community and to be in touch with the people that we're going to be working for, so I appreciate this opportunity again. So some of the desired traits or skills or attributes that the County Commission had provided were administrative ability -- and I won't read the list. Everybody knows what death by PowerPoint is; when you put the bullets up there, and then everybody reads. It's kind of one of my pet peeves. But I've got just a brief slide on each one of these to kind of talk about what I've done to meet these desired traits that you-all had asked for. Administrative ability. I touched on that. I've been 30 years in municipal government in one factor, either a public works director, city manager, county manager, and so those are traits that I think are beneficial to you. The skill level that I bring to this county will be beneficial. It's going to be a tough decision for you-all because this is going to mold the next 10 or 15 years -- throughout the next 10 or 15 years, and I think, again that, I have the best background and the diversity and the depth to lead this through. Verbal communication. Who could be a city/county manager without being able to present to groups and organizations, to this board, and to be able to provide information and reach out into the community? And serving on the Indian River Executive Roundtable Board, having to go to the schools and spea k to the children and speak to the different groups and that, I think it's imperative that we be able to talk both on a high level and get down into just regular communication with those youth and help them understand, you know, moving forward how they can better themselves. Organizational structure. You know, that's always key, and how you get your departments and your staff level to work together. No one should work in a silo. Everyone should be pulling together. We should have regular meetings, and I'm sure you do, and try to get the whole team looking at the vision, at your strategic plan, the March 9, 2021 Page 50 direction that this board wants to go, and get all the stakeholders talking, let all the stakeholders have input, and that way we can move our projects forward. We can look at the pitfalls and the things that may be trip hazards as we move forward, and I think it's I -- I think it's a very appropriate approach. But all the stakeholders have to be involved. And, again, operational efficiency. You know, I see it in many communities that I've worked. This is my equipment. This is my area. This is mine. And I'm not saying you have that here, but it's one of those things that tend to happen. We need -- it's all Collier County resources, and we need to utilize all those resources. We need to have project coordination, as I said earlier, so that we can build these huge projects in the future that you have planned, but it's going to take coordination across all lines. Budget and finance. I mean, these are key things. You've got a huge budget. You've got to look at bonding and debt and how you manage it. But, you know, in speaking with you, I think we all agree that the -- four of the key components that we need to look at: Well, our strategic plan and our budget, is quality of life, public safety, of course. We need infrastructure, transportation. If we can't get people around -- I know that was some of the discussions we had. Education. Without getting our students and them to and from school and getting them educated, we're not going to be able to be successful. And, obviously, our vibrant communities, which we have. And we have a diverse vibrant community. And, obviously, it should be balanced. And accountability. We should hold our department heads and everyone accountable for their budgets. And what they put in the budgets, their capital programs, and that they've been thought out. The budget isn't just a number that's thrown in saying I want to build X, and I think it's going to cost this. I rely on my department heads March 9, 2021 Page 51 to research something out before they put it in a budget, so there's not change orders. There's not, oh, I didn't think about this, and that's where getting all the stakeholders together as you plan the budget and plan projects. I'm doing a huge public works compound. We got everyone involved; IT, the public works people, the facilities management people, the airport people, everybody involved in planning that project so that when that project's done, it's turnkey. From t he tables, chairs, phone system, it's a turnkey operation. No stone unturned. Public trust. We're nothing without public trust. And I can tell you my -- one of my pet peeves is always, does the public know what we're doing? Have we actually explained to the public what we're doing? So they trust of the decisions that you and I make moving forward are the right decisions, and that's done through communications. And you've got to be able to talk with your people, and we -- and as you talk in yours, we need to exceed expectations every day. Economic development. This is one of the areas that I have a very strong background in. Every community I've been in from Rock Hill, South Carolina; Lake Park; Glades County; Sebastian, you know, we strive to bring economic development. And when companies go to expand or they go to move to an area, it's not always about is it -- am I going to get tax incentives? Am I going to get wage breaks? Am I going to get different types of job credit? One of the biggest problems that hinder economic development is how is our planning and zoning -- and I'm sure yours is excellent -- manage that process? Because it's speed to market with these companies. And how are they going to get through the process? Is it too burdensome? Is it too cumbersome? Is it too erroneous [sic]? And if we don't manage that process, we'll drive March 9, 2021 Page 52 those people away. So if we want to build communities out of the eastern part of the county and we want to bring in sustainable jobs so we can reduce the traffic that comes from those developments, we have to have sustainable economic development to support those communities, and that's key, because without that, you're just going to have rooftops and gridlock and grocery stores. We've got to bring sustainable jobs to the area, and we do that by allowing -- by being a good place to want to come to. So we have the -- we have the employment centers. We have the training. You've got the iTECH Center. So you have opportunities to provide all those. But the big key is is, how friendly are we to those businesses when they want to come into our community? Innovation. You know, I think that that's one of my key points. We -- two years in a row we've gotten the best performing cities. This year we went up from No. 9 to No. 8. We've brought in high-tech aerospace, wheel and aerospace, a couple of airplane manufacturers into our airport, which I think was key. But even down in the public works, you know, using different processes just in a typical mill and overlay, remove and replace, there's other processes, fold-up reclamation and things of that that we can stretch our budget dollars, and it's a green way of doing things. So I've always -- strive renovation. I've always looked for ways of doing things to do -- to allow for modernization. When I was in Rock Hill, we were RFID'ing all of our garbage cans so we could do rerouting and made efficiencies there. So there's all kinds of new technology out there, even today, that we can utilize to help us better understand how we move things forward, how we move equipment, how we move personnel, and how we allow for innovation. March 9, 2021 Page 53 And this was just a chart from where we moved in Tier 1 from No. 9 to No. 8. And I'll just briefly let you look at these. This is the City of Rock Hill. Am I done? CHAIRMAN McDANIEL: Thirty seconds. MR. CARLISLE: All right. This is a Seacoast Utility director. I was the vice chair of that board. And you've got these handouts. But I think it's important to know these are all places I've worked. These are places that have nothing but great things to say about my abilities there and going forward, and most of these communities would have me back given the chance. And I tell you that it's not about what you do while you're there, it's what the people think of you when you go and what mark you leave, and I think everywhere I've been I've left great marks on my community, and this one is just to show -- talk about how I work with the constitutional officers. So with that, I know my time is up. CHAIRMAN McDANIEL: Thank you very much. Any questions for Mr. Paul? (No response.) CHAIRMAN McDANIEL: Very good, sir. I appreciate it. MR. CARLISLE: Thank you. COMMISSIONER SAUNDERS: I just want to thank you for -- I know you've had to do a little traveling, so thank you. And I had the pleasure of -- obviously, we all had the pleasure of interviewing all the candidates, so all my questions were answered during that one-on-one interview. Thank you. MR. CARLISLE: Thank you so much. I appreciate your time. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: Can I call you Charlie or Charles? MR. CHAPMAN: Honorable Chairman, Charlie is more than March 9, 2021 Page 54 welcome, more than welcome. With your recognition, your pleasure, sir, I'll begin. CHAIRMAN McDANIEL: Yes. MR. CHAPMAN: Well, Honorable Chair, Members of the Board, I am thoroughly excited to be here with you today. My name is Charles Chapman, and I am currently serving as the city manager of the City of Naples. As the chair has indicated, Charlie is okay. So if you feel more comfortable referring to me as Charlie, that is fine. It is my pleasure to be with you this morning and talk to you just a little, and a little different style about some of the things that I believe we discovered in our one-on-one time together. I thoroughly enjoyed that time to be able to converse very openly and help build relationships between the commissioners and myself as a candidate for this position, but also I would like to make note that whether or not this turns out for me to come and join your team, I still intend to be at the City of Naples, and I look forward to working with you in the future. My remarks today will be predicated into two different categories. One is to look at what we discussed that I feel was important to you in our one-on-one interviews and then, second, to give you sort of an indication of what that first 120 days will look like should you choose to bring me on as part of your team. Please understand that my remarks are going to be looking at the start date of June 1st, 2021. And where did I derive that date from? It is the announced time of your incumbent county manager retiring. So that date is very important in the life of a county manager. That date is when the Property Appraiser's preliminary estimate comes out for ad valorem. That is usually the key indicator that the recommended budget to the County Commission is predicated on, and then a recommended not-to-exceed millage rate. We have a March 9, 2021 Page 55 very conservative community. They want to know their taxpayer dollars are being utilized at the highest and best use with efficiency and effectiveness. And so that date of June 1 is going to be a critical milestone, because the open conversation for your new county manager, if that is me, is that I need face time with each one of the County Commissioners, I need face time with the constitutional officers, and I need face time with the judiciary to make sure that the recommended budget that's being presented to you is based on the priorities, the levels of service, furthering the goals of your strategic and Comprehensive Plan, and in a cost effective and efficient manner. Why? You have a big decision in July to set the not-to-exceed millage rate. CHAIRMAN McDANIEL: You need to throw out the anchor. Terri's having trouble keeping up. MR. CHAPMAN: Oh, I'm sorry. No problem. CHAIRMAN McDANIEL: Talk a little bit slower, and then she won't look so stressed. MR. CHAPMAN: No worries. The advantage of considering an outside candidate for your organization is that you would get a new and fresh perspective. You have a very strong, excellent company culture. And please don't take my remark as being critical of that, but sometimes you need to bring an outside perspective in to take a fresh look. I feel like my experience, having transitioned from Gadsden County to Hendry County and now to the City of Naples that my perspective is unique. I have worked in both agricultural communities that have very limited fiscal resources to now working in a metropolitan beachside community that does not want for financial resources. In fact, the debate there is very different. It's about what priority do we want to move forward first. March 9, 2021 Page 56 We have a rich culture here. Collier, Inc., is well known in the county management circles as being a very important resounding organizational cultural asset. But I do believe, as Dr. Collins writes in his book Good to Great that it's the steady push of the flywheel that takes good companies to great organizations. And it's my experiences with my prior jurisdictions of working alongside of county government leaders to identify where we can improve our culture and improve our performance and make it truly centric on constantly improving, performance focused, and customer centered that will take Collier County to its next level of performance. I thoroughly enjoy watching team members grow and develop into their top talent and their top ability, and it's actually one of the most enriching things that I could ever experience as a leader, and I look at the talent that you have at this -- at this level of county government, and it's just astounding, and the growth potential is amazing. Communications is going to be ever increasing and ever important. Something that is not lost on me is that today's information age demands that its local government connects with its populous on a daily basis. And you do that in any number of different mediums, because people, they take in information in a variety of different ways. And whether this is through our website and making improvements to it to make it more user friendly, launching mobile applications, utilizing social media, or just simply building a better relationship with our print media outlets, those things need to be addressed in a comprehensive overall plan. You do a good job, but I think we could do better. Lastly, making sure that we have an active and engaged round of town halls, public meetings, and getting out into the public in what I like to refer to as hand-to-hand combat on issues and begin to learn what is truly important to these different bureaus, these different March 9, 2021 Page 57 communities. Collier County is diverse, and it has a wide range of different priorities based on that diversity, and it's something we should celebrate, but we won't know what that truly is until we roll up our sleeves and hit the streets and get to build those relationships in a more meaningful matter as a county leadership team. Real estate and growth. That is the top No. 1 thing that I've heard about in my two-and-a-half years since coming to Collier County and service with the City of Naples, and I believe it holds true for Collier County as well. There's a wide variety of opportunity that is available in the eastern areas. The Rural Lands Stewardship Area is a very forward-thinking plan, but it needs to be exercised more readily, and relationships need to be improved with the large landowners that have a vested stake into those properties. We need to balance that with environmental interests, we need to balance that with our economic development interests, we need to make sure our priorities for making affordable and workforce housing opportunities readily available, and in addition, to making sure that we're bringing balanced, sustainable, and resilient growth patterns to Collier County. It's amazing that we have 50 percent of our community, our county is actually already held in some type of a conservation easement, but there's still more work to be done. One thing we learned from the pandemic is that the interest in Collier County is not waxing and waning. It is only increasing, and not simply for a retiree population. You're now finding that individuals that are of working age that can be virtually based are making the choice to relocate to Collier County because of our extreme quality of life, a quality of life that we're able to invest in because we have solid infrastructure and sound public safety first, and then we can focus on the quality-of-life priorities that follow. March 9, 2021 Page 58 There is no greater responsibility in front of us than balancing growth, housing, environmental infrastructure priorities for the sustainable resilient future of Collier, and if I'm selected as your county manager, my approach will follow that initial 120-day strategy, which I will go into in just a moment. But having the relationships with large landowners, having worked on complex sector plans and plan developments and large Rural Land Stewardship-like planning items, bringing environmental communities together, working with multiagency departments is something that I bring ready and available day one to this position. So the first 45 days, what does that look like? It will be budget, budget, budget. The first day is June 1, according to my estimate, and that means we need to get to a not-to-exceed millage rate, and we need to build a budget that achieves your priorities but then also assists the constitutional officers in achieving their charges and making sure it's appropriate. Getting up to speed on county operations and the preparation for hurricane season. That's -- June 1 starts hurricane season, and we're back at it again, and we need to make sure that we're prepared and ready to go. Dan Summers does a fantastic job but, as county manager, I will need to be rolling up my sleeves and understanding what are those deployment patterns and to be ready, avai lable. Of concerns, we need to look at our revenues and how they're coming in, particularly as it relates to tourism tax, gas tax, and sales tax collections, state revenue sharing, and then the always fun wait for the Governor's veto pen to either make its mark or not on any unfunded mandates or cost shifts from the state legislature back to the counties for any variety of different avenues. So beginning the process to review the operations of all departments thoroughly, meeting with constitutional officers, the Board, and judiciary will take place the first 45 days. March 9, 2021 Page 59 Days 45 to 90 we will be looking at the recommended budget based on the adjusted maximum millage rate, working alongside with constitutional officers and judicial members to make sure that that is appropriate and that we're not undercutting them, make sure that they have their funding that they need to operate efficiently and effectively all while being fiscally responsible, and then starting the tour of meeting with stakeholders and community leaders. I think all too often we undercut and underappreciate the value of community meetings from a county manager role, and that is something -- I want to know who are those sparkplug personalities in each one of our communities that I need to have a relationship with? Why? If I can take one phone call out of your day so that person feels confident in calling my office instead of calling your busy schedule, then I want to do that. I want to make that connection, and I want to build that relationship. So Days 90 through 120 will be focused on finalizing the budget through the adoption hearings and making any suggestions in those adoption hearings, as I've worked with the department heads toward improving your organizational structure that can be validated through the budgeting process. Obviously, you've had a very strong county manager that has embraced his organizational structure, but every county manager's a little bit different, and there's ways to do things better, there's ways to do things more efficiently depending on the fit and the personality of that county manager, as well as the fit and the dynamics with the organization. In closing, I feel I'm the best choice to serve with you as county manager. I'm familiar not only with county operations from having served as county manager before, but I also know the Southwest Florida region and, more importantly, I know Florida. My experiences within the City of Naples give me an March 9, 2021 Page 60 appreciation of the issues facing the urbanized coast, and my experiences with Hendry County give me a deep awareness of the issues of your inland agricultural community. I sincerely hope to continue this conversation with you further and, Honorable Chair, I yield to the Commission for further questions. CHAIRMAN McDANIEL: Any further questions? Any just any discussion? COMMISSIONER SAUNDERS: No. Just, again, all my questions were answered in the one-on-one. So I appreciate your time. CHAIRMAN McDANIEL: And just to fortify the point at the beginning, I have history with Charles, and that's why I call him Charlie. I permitted a project up in Hendry County back in the day, and he was Charlie to me then, back then, and I probably won't come off of that. So thank you very much. I really appreciate it. And, Commissioner Taylor, I don't mean to ignore you, and I think we'd worked out a plan with Troy, if you wish to speak, you were going to hit your raise-your-hand button, and he'd let me know. COMMISSIONER TAYLOR: That's -- no, no. I'm fine. That's quite all right. I'm quite capable of doing that, and thank you for your consideration, sir. CHAIRMAN McDANIEL: Yes, ma'am. Yes, ma'am. Thank you, Charlie. MR. CHAPMAN: Thank you. MR. ISACKSON: Good morning, Commissioners. Mark Isackson, a proud 17-year veteran of this organization as of March 4th. I don't think that 40 percent of our population's bald, but you have two bald guys that just -- that are about ready to compete for the March 9, 2021 Page 61 county manager's position. I find that rather remarkable. CHAIRMAN McDANIEL: I'm actually having a bad hair day, so go easy. MR. OCHS: Diversity. It's diversity. CHAIRMAN McDANIEL: Bad hair life. MR. ISACKSON: Commissioners, let me extend a note of appreciation. It's an honor to be considered a candidate for the county manager's position. As I said, having served 17 years here and 17 years prior in another life in which I managed small cities and towns at a very high level, I think combining both of those experiences is a highly desirable trait that the Board will and should take into consideration. Why did I apply for the job? I think that's -- that's something that's often lost. And I gave that considerable thought before I did. But once I did, as I've mentioned to you in our one-on-one discussions, I'm in. It's a tale of two careers. My first career, obviously, in local government management, 10 of those as a city village manager in two states, Illinois and Michigan. It would be nice to bookend the last part of my career here as the CEO of Collier County. Unlike Mr. Chapman, the budget and finance I'm not worried about. It's there. It's tight. It's sufficient. My focus will be on the organization, because I think that's where we need to go, and we need to build sustainability and resiliency into that organization. I'm going to ask Mr. Ochs to put this on the visualizer, if he wouldn't mind. Thank you, Leo. Commissioners, you know my career and my background. I've talked to you extensively about it. But the staff and the public might not know about who I am. I tend to keep a low profile. That will change if I'm offered this position. March 9, 2021 Page 62 The aspects of my career, I think, are unique. I've managed everything from hydroelectric plants to golf courses to cable systems in one community in Michigan. I came down here to Collier County 17 years ago, and the guy to my right tapped me on the shoulder and said, look it, I need some help running your financial operations. And with some trepidation I said, sure, I'll go ahead and do it for you. It's 12 or so years later that we're in that position. As I mentioned, going through the slide there, Commissioners, I want to focus a little bit on the vision for Collier County. You all know who I am and what I'm all about, but I think the first two on that list, budget and finance and organizational structure, those two go hand in hand. Nothing happens. Budget and finance is the fuel that runs the car, and the car is the organizational structure. I think Collier County needs an infusion of talent and resources into the organization to sustain ourselves going forward for the next 10 to 15 years. You have what I might call diamonds in the rough in the organization that need to be polished and brought forward. People in mid management, they're in the prime of their careers, that need to be elevated in the operation. You'll see that with me. In the first 30 days or so, we'll move very quickly to right size the organization and get it to a point where we think it will be sustainable, because you have major issues coming forward. And resiliency. We've talked about budget and finance. The capital infrastructure side. How are we positioned to handle those challenges that lie ahead? I think there is a great opportunity for the next county manager to take a look at those structures, take a look at the resources that we've got, and apply them, because the organizational structure, in my view, is the key. Commission and manager communications. I've talked to the Board about how I might change up some things in terms of our March 9, 2021 Page 63 counsel -- or commission and manager communications. And then, finally, organizational marketing communication. We have a tremendous tech staff here, and I'm not so sure that we don't take advantage of all of those opportunities that we have to communicate with the public, to communicate with our own staff internally, and to communicate between the manager and the Board, whether it's coffee sessions that we might focus on and tape so that it's available for the public to take a look at. There are a lot of opportunities there. A communication and marketing plan. Now, I'm not so sure we have one in the organization, but that's something I think we need to take a look at closely. How do we get our message and our vision out? Each commissioner has town hall meetings, and some of them are attended very well and others tend not to be sometimes. But there are ways that we can handle that, I think, electronically that will bolster our message that we need to get out to the community. Commissioners, let me just close by saying -- I'm going to read a statement that was published in my cover letter. Commissioners, the county is and will face substantial challenges and hurdles going forward. You will find that my substantial local government management and administrative experience plus familiarity with Collier County Government financial operations and organizational structure will prove highly desirable in evolving, changing the organization systematically in the interest of continued fiscal flexibility and responsibility, efficient and effective service delivery, promoting and cultivating senior leadership, successor management, and fostering a culture of organizational accountability, all of which will be necessary to position the organization as growth continues, capital infrastructure pressures escalate, and community expectations require more from their local government. March 9, 2021 Page 64 Again, thank you, Commissioners, for being considered for this position, and if there's any questions, I'll be happy to address them. CHAIRMAN McDANIEL: I see none. Thank you very much. MR. ISACKSON: Thank you. CHAIRMAN McDANIEL: Thank you very much. COMMISSIONER SOLIS: Thank you. MR. RODRIGUEZ: Good morning, Commissioners. For the record, Dan Rodriguez, your Deputy County Manager. Thank you for the opportunity to come before you to present my vision and my aspiration to be your next county manager. I'm both humbled and grateful for this opportunity to make it to this next level. I would like to speak with you today about the challenges and opportunities here in Collier County Government and the primary reasons why I believe I'm the best-qualified candidate for this position, the best-qualified candidate to make the improvements and change for the better future while maintaining and sustaining our current high level of essential services that the residents of Collier County and you have come to expect. I believe in the importance of providing leadership to our team members to both challenge and demand from them a higher level of performance. But just as important, I believe in reinforcing the positive attributes of our excellent performers in our organization. Through our employees, our most valuable asset, we will achieve great things together as a team and accomplish the initiati ves that you, the Board, and your constituents and residents have wanted. Those initiatives will take strong leadership to view all perspectives and to seek out all possible new methods of doing business. As we all know, the strategic plan is a well-run -- in any well-run organization is the foundation and roadmap that provides the vision, the mission, the objectives to create a safe, clean, and well-developed community for the future. March 9, 2021 Page 65 You have a very good plan that has served this community very well. But it's over three years old. It's time to update that strategic plan. Commissioners, I believe with my diverse background I have the fortitude, the energy, and the courage to take on these priorities. Most importantly, I possess the leadership skills to develop teams of professionals to find emerging leaders both within the organization and outside of the organization who are eager and willing to take the helm and resolve some of these issues that need to be addressed immediately. A community and its government must be grounded on guiding principles and values that you, the Board, have developed and approved and that we, your staff, promote. Those guiding principles provide the context in which we, your leaders, employees, and business partners, must work within to be successful in creating the ideal community. Safety first, honesty, integrity, accountability, protection of our environment, and respect and dignity for those who work who -- for those who work are at the core values of the County Commission. If selected I will be sure that they are communicated and implemented in a manner that our teams of professionals know and understand their value and importance. These core values must be the basis to drive our decisions to raise the standards in which we live and work. Collier County of the future must have one shared goal that align with the community's priorities. For it is through the shared approach that our residents and business owners feel brought into the process and align with the changes that we may need to make for better service to them and our future residents. As your county manager, I will ensure that your strategic plan continues to preserve and enhance safety, quality, character, and value of your neighborhoods. Collier County continues to be one of March 9, 2021 Page 66 the fastest growing communities in the nation -- in the nation and at driving forces because we are of the most desired communities. We have a tremendous responsibility to plan for and manage the growth that preserves the quality and heritage of our neighborhoods and stay in strict compliance with your Growth Management Plan and your Land Development Codes. There must be a great sense of belonging and trust with our residents that ultimately will make you, the Board, and the government the most successful in delivering services and resources that create and support that ideal community. Having worked in your public services divisions for many years, I have gained invaluable experience understanding and practicing active listening and delivering on the residents' needs and requests. I know firsthand the staffing levels required to ensure we are meeting our residents' expectations and the Board's guidance for budget constraint and level of services. My approach to the budget process is a conservative one. I have over 30 years of Collier County experience working in various divisions and have managed and developed budgets of internal service funds, enterprise funds, as well as the most challenging General Fund cost centers. When it comes to public policy, it is important and smart strategic planning to develop a budget that is palatable to the ratepayers and the taxpayers of our community and to show best value; however, we must have the foresight and fortitude to know when to plan for -- and fund our Capital Improvement Programs so that the county's billions of dollars in assets do not fall into disrepair. Commissioners, under my watch, asset preservation, sustainability, funding will be a priority. If selected as your county manager, I will bring about a heightened sense of urgency across all divisions and departments. I will ensure that we have the appropriate levels of professional March 9, 2021 Page 67 leadership in your agency. I will resource them, help find solutions to break the deadlock that has kept some of them from achieving the mutually agreed-upon promises. Over the years I have developed strong interpersonal skills and techniques to get external stakeholders and organizations to help the team achieve our managerial aims and objectives. I have hone d my leadership skills on providing great customer service, fostering and advancing relationships, and building strong and unwavering loyal teams in your county government. Our county will capitalize on delivery -- on the diversity of its people, its geography, its economy to create a broad range of choices for residents, visitors, and business owners in how they live, work, and play. From our national and state parks across the Everglades and into our beautiful Gulf Coast estuaries and beaches, we envision a county that is a destination of visitors and a home for everyone seeking a sense of community and the very best that life has to offer. Collier County currently finds itself on the heels of a pandemic with a decades-old problem, continued growth. Growth is a byproduct of doing what is right by the citizens and businesses, which makes your community even more desirable, thus creating a cycle we've been in since the 1940s. When it comes to balancing the needs and desires of today's residents and businesses, the growth that we know is coming, there is no magic wand or simple solution we can grab off the shelf. For many, Collier County represents the pinnacle of life's work. Relocating to our slice of paradise from, literally, every corner of the world. Many who come here want to freeze things in time, maintaining every aspect of the community just as they found it when they first arrived, viewing most changes as threats to their enjoyment of life. March 9, 2021 Page 68 The Board has shown, however, as difficult as it is, that growth and improved community quality are not mutually exclusive. This balancing act involves sometimes frequent and regular updating of your land-use tools available to you, mainly your Growth Management Plan and Land Development Code. The seemingly endless amendment cycle for these documents is required to maintain a position that strives to stay one step ahead of anticipated growth and avoid the mistakes of years past where the county's infrastructure has not kept up with that pace of growth. As an extension of your policy decisions, your staff must continue to listen to the many diverse voices in our community and provide you with the tools necessary to maintain the delicate balance between continual improvement of our existing quality of life and providing the core needs of our community. This must remain consistent. Daily effort across every segment, cross-section of the community for Collier County to remain the jewel in the crown of the very best our nation has to offer. Commissioners, I chose Collier County as my career. I chose this community as my home. I've dedicated 30 years working with teams of professionals to make it a better place, while preserving the unique and natural environment. With your support, I would like to continue on that wonderful journey. CHAIRMAN McDANIEL: Comments? Questions? (No response.) CHAIRMAN McDANIEL: Okay. Thank you, again, from all of us. DR. YILMAZ: Good morning, Commissioners. First of all, it has been truly privileged to work here. I came here as an executive director from private sector establishing and creating water pollution and prevention department at that time. March 9, 2021 Page 69 Through that process, going to Tallahassee myself -- not as good as Commissioner Saunders could -- we were able to get close to $27 million total granted, with no matching funds, to clean up 156 contaminated sites from fuel storage tanks. When you see new fuel storage tanks and when you see those corners booming with business, they were all cleaned up with in five to seven years. That's how I started in Collier County. From there, it has been journey. And, Commissioners, during our one-on-one interviews, we reviewed my CV, which is about 56 pages. In summary -- I don't want to dwell on it. In summary, I bring both private sector and public sector executive experience managing high-performance teams and achieving enterprise financial excellence at the highest levels within seven years that I took grounds of -- one of the largest utilities in Southwest Florida. The critical services, infrastructure, and capital projects that I'm leading -- and thanks to our County Commissioners and our leaders and our county manager giving me opportunity to do so -- have touched quality of life of every citizen and visitor in the Collier County as I have served here more than two, three decades. As we speak, we will be picking up 41,000 garbage cans and recycling containers no later than 1500 hours today. That's invisible work Board of County Commissioners and your staff does. And we have already served 300,000 customers of this governing board as water/sewer district this morning providing high-quality, safe water along with sewer services with no interruption and no concerns on our customers that they are filling that baby bottle with our water to make baby formula, and they are safe; they are able to feed most vulnerable family members, our kids. Furthermore, I currently -- I want to thank our county manager and our leadership. Given the opportunity running $1.4 billion enterprise for you, and .8 billion dollar government assets, including March 9, 2021 Page 70 all constitutionals, operating capital projects. Performance and results do matter in any leadership, and that's where, ultimately, as our board of directors and governing board, you will have least amount of complaints where you have the highest risk to receive complaints when we serve 300,000 customers every day, collect garbage 41-, 42,000, and touching their front yards. Given that foundation, I would like to now focus on the further -- what's about our future? Starting with I want to paint a vision, and I think that it's shared with our commissioners individually and collectively. Painting a picture is very important, but I'm going to do that by using words. It's risky. I'm not going to show the pictures. We must preserve and enhance what makes this county unique, pristine, and desirable. Key three words. Very powerful English language. To do so, I'll be laser focused on three area s: Public safety, public health, environmental health. Qualifier: It does not mean only natural resources. Environmental health is manmade, as we all know. And natural systems. Most of the time we all live in environmental conditions that we created: Transportation systems, buildings, parks, schools, indoor air, indoor air quality, and goes on. So please think of, when I mention moving forward, environment, that is environment that we are supposed to, including natural habitat, natural environment that is part of our environment. These are the pillars that elevate quality of life and sustain it. People want to be where it is safe, healthy, and where the environment is protected. It is about how we manage our natural resources and how we manage our infrastructure concurrently. We conflict those two so that environment is in harmony. One example, Bonita Bay Group and Bonita Bay. I invited few leaders to go see it. It's not perfect, but it shows you a pinnacle of March 9, 2021 Page 71 how a development -- by the way, Bonita Bay was driven by investors, venture capitalists, and developer. Anyone goes there, you will see an example of how nature and infrastructure can exist together. On operational excellence, we can be the best in the nation as an enterprise business and government as recognized by our peers. We will get that through the application of best practice and cross-functional teams across the organization and making the best use of our current resources. On infrastructure, we must meet current demand and get ready for the future demand and needs, including water, solid waste, transportation systems, parks, stormwater, government facilities, including all our constitutionals and their needs. Few highlights: We have about half-a-billion-dollar investment portfolio under surtax we need to initiate, implement, execute within five years. I'm the person, working with you, can make that happen and make it pinnacle of latest [sic] projects for the nation. The physical infrastructure must be in place for the social infrastructure to thrive. There are two things at play, as you all know: Social infrastructure, physical infrastructures. That goes to building our mental health facility. That's a physical infrastructure. Building operations, sustainability of O&M, and making sure that what we do most efficiently serves our group of customers and citizens in a sustainable fashion is the big picture. On finances, I want to give just one department. The Public Utilities Department has achieved and maintained financial benchmarks at the highest levels as evident by highest ratings from Fitch and Moody's in the United States of America and European market. This has served to bolster the entire county's financial ratings. It was not easy; took us seven years to get there working closely with Finance Committee, which includes Clerk of March 9, 2021 Page 72 Courts -- Madam Clerk, thank you. She is listening -- bond counsel of soft management and budget, consultants, and county financial advisor. We will use our resources using leading indicators for future investments, not lagging indicators. Getting very close to closeup. This sets the standard for quality decision-making for investing in our facilities, operations, asset management at best value. I will replicate best practices and departments successes in financial planning, programming, and effective execution of what this board like to see accomplished throughout entire agency. On change management, our organization needs to be positioned to meet future challenges that will require realignment and restructuring, and that's just -- change is the only constant in universe. Einstein said that. If anyone says change is not good, I think we all know, collectively, individually from our experience, change is the only constant in universe; it applies to Collier County, too. We must continuously plan to meet needs of future growth and to go after backlog of maintenance and capital projects concurrently with building our new structure and infrastructure and do it right. We must excel in policy execution, we must excel in operational excellence, and we must definitely and, most importantly, excel in tactical implementation. Those are the invisible team members working for you 24/7, making things happen, and it just goes smooth, routinely. I'm ready to make organizational realignments to meet the needs of our residents and businesses, now and future. That includes breaking down silos within our organization. It's not unique to our organization, all the way from 500 Fortune companies down to small companies. There are times we need to identify, recognize there are silos. Breaking down silos within our organization and realigni ng March 9, 2021 Page 73 resources, building high-performing cross-functional teams, building a robust succession plan throughout chain of command. In my first 90 days, I will build an agile, flexible, adaptable leadership team that will implement change management to position us for the next five years plus. CHAIRMAN McDANIEL: Okay, thank you. DR. YILMAZ: And, Commissioners, I want to leave you with one thought. Sustainability needs to be a priority in our transportation system, economic growth, and overall resiliency. With that, I painted the picture. And next slide, please. I'll work with you to make our legacy projects programs a reality for future generations. Yes, it took a thousand words to paint one picture. CHAIRMAN McDANIEL: Thank you, Dr. George. DR. YILMAZ: Yes. CHAIRMAN McDANIEL: Thank you. Any comments? (No response.) COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor? (No response.) CHAIRMAN McDANIEL: I -- you know, I have to say this: It's -- a very wise man shared with me once that you have to -- you have to struggle over decisions where there's no good answer. Those are the decisions that you need to struggle with. How blessed are we to be able to make a choice from these five fine individuals? What opportunity for our community. There is no loser with regard to the ultimate decision that we're going to make. There's going to be someone that's going to be chosen, so I guess someone -- you could perceive a winner and a loser. But for our community, any one of -- any one of these folks, these gentlemen, March 9, 2021 Page 74 have my utmost respect, our, I'm sure, utmost respect -- I think I can speak for my colleagues there -- and gratitude for moving through this system. And I want to say thank you for you. Commissioner Saunders. COMMISSIONER SAUNDERS: I also want to thank -- I think all of the applicants are in the audience, and I want to thank all of them for the professionalism that they've shown in making their presentations. I will tell you it's going to be a hard decision. Obviously, we will make it. But we do have five fine individuals, and I want to thank each one of them as well for their professional presentation, their demeanor, and look forward to that decision-making process, which will be difficult. CHAIRMAN McDANIEL: Yes. And then as it's currently -- you know, it's set up that we're going to make this decision by our second meeting in March. So that's the current proposition that's in front of us now. So, Commissioner LoCastro. COMMISSIONER LoCASTRO: I just wanted to thank our HR director, Amy Lyberg, and her staff. You know, if you were watching, the very first meeting we sort of kicked around, could we do it, should we do it, who would apply, would we get strong candidates. And, you know, we had, I think, almost 40 people, maybe a little bit over, that applied in record time. The HR department led by Ms. Lyberg did a fantastic job. I think it says a lot that five commissioners who come from totally different backgrounds but care about this communit y almost had identical top five lists after, you know, looking at 42 resumés. So that says something. We all, obviously, spent time interviewing the five candidates one on one. And just as Commissioner McDaniel said, we're equally impressed. I mean, I didn't come out of any of those, you know, March 9, 2021 Page 75 interviews or discussions thinking, okay, well, that person's not -- you know, I'm whittling it down kind of thing. So in the end, you know, I'm really proud of this process. I really thank the staff who have worked hard to make it organized for us to look at the candidates and for the candidates to drop everything and, in record time, interview with us and whatnot. And, you know, as our acting chairman here said, I think, you know, we definitely have a tough task but, you know, we have some strong candidates to choose from. We had strong candidates in the list of 40. So, you know, all in all, we did a pretty good job as headhunters on our own, I think, and as a recruitment team. So I'm happy to move forward and, you know, give my thoughts on the candidates when it's time and pick someone and get to work with that person. Thank you. Thank you, Amy. CHAIRMAN McDANIEL: Commissioner Taylor, do you have any remarks? COMMISSIONER TAYLOR: Yes. I was just following up with Commissioner LoCastro's comments and wondering, does it -- do we -- does anyone feel that they have the -- you know, comfortable to proceed at this point, or do we need to wait another couple of weeks? CHAIRMAN McDANIEL: I'll start with Commissioner Solis. COMMISSIONER SOLIS: Oh, I thought you were going to start with yourself. CHAIRMAN McDANIEL: Well, I could -- COMMISSIONER SOLIS: No. I mean, I think -- I think, at least from my standpoint, this is going to be one of the most difficult decisions I've had to make because it impacts the future, the future of a lot of employees. You know, there's a lot to it. We had set out a schedule that we would make this decision at March 9, 2021 Page 76 the second meeting in March, and I'd like to stay with that because, frankly, this is a really tough decision, and I can't say that I'm completely sure how I would go right now anyway. So I think after hearing from everybody today, I'd feel more comfortable with a little more time to mull through what I heard today and then make a decision at the next meeting. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I certainly have no objection to that. That's the schedule we laid out, and we certainly have the time to dwell on these and make our phone calls and do things that we need to do to help us make that decision. I wonder if we should have a little bit of a discussion on process this morning to prepare for the two weeks from now when we make the decision. Does anyone have any -- it's just a question. We don't need to do that right now, but it's just a question of should we try to kind of come up with a methodology that we might want to use as a commission to narrow the decision or make the decision. If not, we can just move on to the next item. CHAIRMAN McDANIEL: I can talk about -- Commissioner. COMMISSIONER LoCASTRO: No, go ahead. CHAIRMAN McDANIEL: Go ahead, Commissioner LoCastro. COMMISSIONER LoCASTRO: No, I think that's a wise, you know, suggestion and recommendation. I guess a question I have is, does it have to be a unanimous decision? What's -- three? Just three? Okay. I mean, I'll just throw this out there for the discussion, because I like what, you know, Commissioner Saunders, you know, trying to get the ball rolling here, you know, rather than just say, well, let's wait for two weeks, but what's the process? I'll just throw out here, I'd like the process of us blindly listing March 9, 2021 Page 77 our top five way back when and then looking at it. So I just wonder just throwing it out here. I'm not saying it's the approved solution, but just to sort of get some comment. Do we rank order these five and then have Ms. Lyberg sort of compare our lists and say, wow, all of you picked the same five or four of you picked the same five, we have a clear winner. I don't know how that works into the Sunshine Laws and whatnot but, obviously, it worked for us to figure out our finalists. Your thoughts, sir? COMMISSIONER SAUNDERS: That's kind of what I was getting at, not necessarily that exact thing, but to come up with a little bit of a process so we can begin to narrow the list here a little bit. And that -- there are no Sunshine issues as long as we put our names on anything that we deliver -- COMMISSIONER LoCASTRO: Right. COMMISSIONER SAUNDERS: -- and everything's public record. So I would like to see us do something just to help facilitate the decision-making in two weeks and something like you've said where we take out a piece of paper and rank these one, two, three, four, five; just see how everybody's feeling. We can't talk to each other -- COMMISSIONER LoCASTRO: Right. COMMISSIONER SAUNDERS: -- but we can look at the public records that are created and kind of get a sense of how things are progressing there. So I think something of that nature, I think, would be a good idea just to -- and nothing's binding, obviously. We would make a decision at the next meeting. But maybe it will give us a little bit of a handle on where we're heading, so -- COMMISSIONER LoCASTRO: I'm sorry. Go ahead, sir. CHAIRMAN McDANIEL: No, no, there's no sorries. I mean, there again, this is -- for those who aren't really familiar, this is an extremely arduous process for your decision-makers. We're virtually March 9, 2021 Page 78 not allowed to say hello to one another once we walk off this dais and the cameras are not running and Terri's not writing down my misspoken words. And so we -- in the private sector when we hire CEOs and executives, the Board gets in a huddle and we say, we like th at one. Here we have to do it in an open public format and have these discussions. And in all candor, it's as simple as someone making a motion and then consensus being reached by a majority of the Board. It's not that simple. It's not that simple. But that's as simple as it, in fact, gets from a process standpoint. I am quite content, as I said at the beginning, with all of our candidates here. I believe that -- and I don't know. You know, there again, I'm not positive about the ranking process as t o whether we necessarily need to go through that or just have a brief discussion and make -- somebody make a motion, so -- and, Commissioner Taylor, you apparently have figured out how to hit the "on" button. COMMISSIONER TAYLOR: I raised my hand quietly. I like Commissioner Saunders' idea and certainly Commissioner LoCastro. I think we're moving in the right area. Let's just -- let's just be very frank and direct about this. It is very awkward for us -- CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: -- as a board to sit here and discuss the qualities of the five capable candidates that came before us. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: It's very awkward, yet we're forced to do it because we live by the law of Sunshine. We cannot discuss this in a room. I've been told by folks who worked in the corporate world that that's what you did. Everybody got in a room and sat down, and, you know, poured themselves a coffee and discussed who's going to be the next president. We can't do that. March 9, 2021 Page 79 So the idea of the ranking, I think, is a very elegant way of at least understanding how our colleagues feel, because none of us want to get into this -- it wouldn't be heated, but prolonged discussion about qualities and we think this person is this or we think this candidate is that. It's very awkward. So I would support, again, Commissioner Saunders and Commissioner LoCastro's concept of ranking. Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I was just going to add, I think the strength of ranking the candidates -- and it's not saying, oh, this one's last or whatever, so maybe that's the wrong terminology. But the strength of it is it allows HR to come back to us and tell us how close we are as commissioners, and that's exactly what happened in whittling down the 42. I mean, who would have thought -- we could have been sitting here for three more months trying to figure out, you know, the top five of the 42. And I'd rather spend more time, especially if we're close or maybe we're on or not, but if we're close, to be able to talk about why that particular person is the one that we're all sort of steering towards. We're not here to sort of pick apart the negatives or positive of other folks, but I think the ranking would allow us to maybe jump ahead a few steps if we were close or realize we're not close; our top five is different, similar to the earlier stage. So, you know, I just -- you know, if we have to make a motion, I make a motion that, just like we did last time, we rank order these. You could, you know, say this is my number one, these three people tied for second, however the commissioners want to do it. Give it to Ms. Lyberg, have her digest it and come back to us and give us an overall, you know, generic finding of, I got all your votes, and here's what you're looking at, and that would be a good starting point. March 9, 2021 Page 80 COMMISSIONER SAUNDERS: I'll second that, because I think what will happen is I think we will wind up eliminating a couple names by doing that, so when we get down to the final decision, we'll probably have two or three, would be my guess, that really are the ones that we're going to be talking about. So I would second that. CHAIRMAN McDANIEL: Well, you know, as a point of discussion -- and, again, it's just a point of discussion. As opposed to a physical ranking, how do you feel about listing your top three -- COMMISSIONER SAUNDERS: I mean -- CHAIRMAN McDANIEL: -- in alphabetical order, and that, then, brings back from a list of five down to -- down to three. COMMISSIONER SAUNDERS: I'm fine with that as well. CHAIRMAN McDANIEL: And it was just a thought. You know, when we get into this ranking, I'm concerned with the ranking process. I just have -- you know, because -- because we're -- as Commissioner LoCastro said, we're -- there are good things about everybody and not a lot of bad things about anybody. And so I have just -- I just -- I was thinking if we all picked a top -- you know, a top -- a top three, and that could be a basis for our discussion on the 23rd to actually move to a motion. COMMISSIONER SAUNDERS: Commissioner LoCastro, I'd seconded your motion, so that's what's on the floor right now, but I have no problem whichever way we go. If you want to stick with that motion, then vote on it, or we can -- COMMISSIONER SOLIS: And I think it's six of one, half dozen of the other. I mean, whether we rank them one to five or we pick the top three. I mean, I think we're going to end up with probably the three, you know -- COMMISSIONER LoCASTRO: I'll split a hair then. COMMISSIONER SOLIS: I would go either way. March 9, 2021 Page 81 COMMISSIONER LoCASTRO: I'll split a hair here then. I like the top three idea, but I do think the ranking would give us an idea of who we think of the three was the strongest, and it more aggressively moves us to stronger discussion. You know, we don't sort of handle this with kid gloves. I appreciate fully what Commissioner McDaniel is saying but, you know, we're all adults here. We've all hired CEOs, even the five candidates. They've all competed for jobs. You know, this isn't about getting your feelings hurt or whatnot. You know, let's move forward like executives and do the will of the people and not, you know, sort of move along and -- let's not crawl, walk, run. I don't think we need to sprint, but I think I'm comfortable giving my top three and putting them in order of who I think is the top candidate and who I think is my third candidate, and I'd like HR to compare those against the other five, and I think it would give us a really great data point as to where we are, much like it did at step one where we thought, wow, we're a lot closer than we thought. I think it would do that same thing. I think if we just have a random alphabetized three, then it's like, okay, so we all had about the same three. Now, do we interview them again? Do we just sit here and debate? And in the end all that might not be needed because if we rank ordered our top three and everybody picked Mr. Smith as the No. 1, then it's -- we move along very quickly and say, you know what, maybe we don't have to sit here and debate the pros and cons and, as Commissioner Taylor said, be in an awkward position that isn't even required to say why. We all thought about it in private, and we all -- you know, four of the five commissioners had the same top three and the same No. 1. And then, you know, I mean, it's pretty clear. I think it's irrelevant why we put them in that order. I think it's clear why we would, that we think that person's the March 9, 2021 Page 82 best candidate. So that would be my suggestion. I'm not necessarily making it a motion, but it -- CHAIRMAN McDANIEL: You did make a motion. COMMISSIONER LoCASTRO: Okay. Well, I'm make a -- I'll make a motion -- CHAIRMAN McDANIEL: Wait. You already made a motion. COMMISSIONER LoCASTRO: But I don't think the motion was that it be three, so I don't know if that matters. CHAIRMAN McDANIEL: You made a motion that we send in our top three ranked. COMMISSIONER LoCASTRO: Okay. There you go. CHAIRMAN McDANIEL: It was seconded. And discussion as we go through that process. COMMISSIONER LoCASTRO: Okay. COMMISSIONER SAUNDERS: So just for clarification then, because I did second the motion, but it was a little bit different, but I'll change -- COMMISSIONER LoCASTRO: It was. That's what was my point, yeah. COMMISSIONER SAUNDERS: I'll change the second to the current motion, which is we're going to pick our top three and rank our top three. COMMISSIONER LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: All right. And then I would suggest that we do as we did the last time, we have our names on a piece of paper with our signature on them or names on it, and we deliver it to the County Manager by the end of business on Monday, a week from yesterday, so that it can be in the agenda packet which is put together on Wednesday. CHAIRMAN McDANIEL: And I'm okay with the timeline, March 9, 2021 Page 83 and I'm okay with the motion. Commissioner Taylor, do you -- I've got a comment that I want to make before we actually vote, but do you want to go on that? COMMISSIONER TAYLOR: Just -- yes, I would support this in the direction that the Commission is going. Thank you. CHAIRMAN McDANIEL: Okay. And just as a point of crawl, walk, run, sprint, Commissioner LoCastro, I'm ready to go now. Just so you know. COMMISSIONER LoCASTRO: Okay. Then make that motion. Well, maybe we can break for lunch. COMMISSIONER SAUNDERS: Well, we have a motion and second. CHAIRMAN McDANIEL: We have a motion and second. And I'm okay with doing it this way. I mean, this is -- this is, as they like to say, making the sausage as we go. So with that, there's a motion and a second. Is there any further discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA March 9, 2021 Page 84 MR. OCHS: Mr. Chairman, you -- would you like to take your public comment -- you have three speakers -- or do you want to break for lunch now? CHAIRMAN McDANIEL: Yes. You know, three speakers in public comment on items not on today's agenda, and they have three minutes apiece. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Yeah. Let's do that, and then we'll take our 1:00 -- or take our lunch until the time-certain, 1:00. MR. MILLER: Sorry. Mr. Chairman, I actually have four. I have one online. Your first registered speaker is Daija Hinojosa. She will be followed by Jacqualene Keay, and then Kristina Heuser. MS. HINOJOSA: Good afternoon, Commissioners. I'd like to bring something to your attention that I feel needs immediate correction. On the Collier County Facebook page there is a flyer representing what I feel is propaganda regarding the experimental biological agent also known as the vaccine. It states, COVID-19 vaccines are safe. Safe. This is insinuating that there is absolutely no risk involved with taking this vaccine. Drinking herbal tea for a sore throat is safe. Ingesting organic foods that have healing properties is safe. You cannot legitimately say that this vaccine is safe. The risks that are associated with this experimental agent can be found all over the Internet, especially on a website that is www.vaers.com. It stands for the Vaccine Adverse Event Reporting System. There are incredible life-threatening risks associated with this vaccine, and I implore citizens to research these risks. Number two states that all COVID-19 vaccines are being used -- sorry. All COVID-19 vaccines that are being used have gone March 9, 2021 Page 85 through the same safety tests and meet the same standards as any other vaccines produced. This is, in fact, not true. This agent has been given an emergency-use authorization by the FDA, but it is not FDA approved. The emergency-use authorization means that the manufacturers have not fully tested all batches of vaccine lots for its safety, potency, and purity. A transparent government and healthcare system should fully disclose the major risks associated with a non-FDA-approved experimental agent. Let's not forget that manufacturers are exempt from liability. If this vaccine is safe, why are manufacturers not held for viability? When an individual becomes vaccine injured, oh, well, they cannot sue for damages. What a tragedy. This flyer lacks truth, and by saying that this particular vaccine is safe and has gone through the same safety testing as others is just flat out not true. Let's not forget that there is a 99.9 percent survival rate for those who can contract COVID. I am requesting that there be made some edits to this flyer to the public to at least inform them so that the public can make informed decisions about the risks involved of something they're going to inject into their bodies which will affect their lives forever. So thank you very much. Have a great day. MR. MILLER: Your next speaker is Jacqualene Keay. She'll be followed by Kristina Heuser and then -- my online speaker is not there at the moment. MR. OCHS: Ma'am, you can use this podium. CHAIRMAN McDANIEL: You can come over here if you wish. You haven't been following the arrows so far, so... MS. KEAY: Good morning. Today I would like to further discuss the issue of racism and equity as it does relate to the attainable housing issue, and I'll March 9, 2021 Page 86 point -- talk to that at some later date. After I spoke at the last meeting, I was pleasantly surprised at the number of positive comments that I received which began with a heartfelt written note from another attendee. I'm greatly encouraged because others in our community also recognize a need for disc ussion to discuss racism in our community. We must not forget that wisdom that tells us that a house divided will fall. As a country and as a people, we have fallen and will continue to do so unless we address this brokenness. We, as a people of these United States, broke our country, and we are responsible for fixing it. We must address what is broken at the fundamental levels, which are the people, the communities, and we have to ask ourself this one question: What is broken? In my humble opinion, we are broken. Just like hurt people hurt people, broken people break people. We have been broken by hate, racism, and violence. The problem with hate is that it is like a cancer, and if it's not -- if it's left untreated, will cause irreparable harm. This is evidenced in the increase of hate crimes against communities of colors, especially those in the black, Asian, as well as Latino communities. No one is immune from hate and violence. Regrettably, the Capitol and D.C. police can attest to this unfortunate truth. We are all vulnerable and impacted. We live in the land of the free, yet many of us are living in fear daily. We fear for the safety of our families, communities, and our future. Growing up, the Golden Rule was repeated to me ad nauseam. I cannot tell you how many times I was forced to repeat it. Treating others the way you wish to be treated is engrained in my heart and soul. Because I wish to be treated kindly, I treat others with that same kindness. A sense of decency in doing t he right thing was a guiding principle. Likewise, I was taught that a person's word is March 9, 2021 Page 87 their bond, and there's no room for hypocrisy. Like many children growing up, I learned the art of lying. Thank goodness I had people around me to hold me accountabl e for lying, and I will say my backside has very fond memories of those experiences. As a result, truth is my reality. Like many of you, I can differentiate between the truth and a lie. It is easy to like people who look like you, who have the same social status as you, and who think like you. It takes good heart and character to love people and care about people who are different than you. Thank you very much. MR. MILLER: Mr. Chair, your final registered speaker for this item is Christina Heuser. MS. HEUSER: Thank you. Good afternoon. I felt compelled to make a comment following your earlier presentation recognizing people that you deem to be heroes in light of this pandemic, and I've just found it troubling for quite some time the way that term has come to be used so loosely in this community, like your misguided propaganda that all heroes or real heroes wear masks when it doesn't take any degree of courage or bravery whatsoever to cover your face. And I could go off on a tangent on that topic, but I don't want to do that in light of the time restraints. What I would like to do, though, is recognize people whom I really do deem to be heroes, and those are the people who, in the face of all of the fear mongering, what is -- has become the prevailing culture, sadly, and the prevailing narrative, a false narrative, mind you, have shown real courage by standing up for the Constitution, for individual liberty, for the right of myself and all people to make their own decisions regarding their health and their family's health. So to that end, I want to thank you, Commissioner McDaniel; former Commissioner Fiala; although you weren't here at the time, March 9, 2021 Page 88 Commissioner LoCastro, I appreciate seeing your face every meeting, so thank you; our great Governor DeSantis who's finally getting the recognition that he deserves nationwide since Florida has really come out of this pandemic or so-called pandemic better than the rest of the nation; Representative Rommel who has a bill in the legislature right now aimed at curtailing the emergency powers of local governments. So very important piece of legislation. So those are the true heroes, and I want to thank them. CHAIRMAN McDANIEL: So with that, I was negligent early -- oh, you've got a comment, sir. COMMISSIONER LoCASTRO: Well, you made a comment -- and I appreciate the comments by our public regardless of what the topics are. I mean, this is what democracy's all about, so we give them time at the podium. But you made a comment, and I just didn't want it to out hang there, because I think it was important. You said, I'm ready now, and I just wanted to throw out there to the others, does anybody else share that, that -- and I'm just spit balling here a little bit, when it comes to the County Manager position, giving our top five to, you know, Ms. Lyberg at the lunch break, having her digest it and come back and see if we actually are closer than we think, or do the commissioners need time to digest until two weeks from now to pick? You -- like I said, I'm piggybacking on what you said where you said, I'm ready to vote now, or at least continue -- and then we sort of let it hang out there, so... CHAIRMAN McDANIEL: And I can respond to that if you wish, if you want. I mean -- COMMISSIONER SAUNDERS: I'm going to respond to it as well. So go ahead. CHAIRMAN McDANIEL: Go ahead. COMMISSIONER SAUNDERS: I'm ready to make a March 9, 2021 Page 89 decision, but I want to respect the concerns that our fellow commissioner, Commissioner Solis, has. He wants more time, that was the schedule, and I think we should stick to it. Unless Commissioner Solis changes his position, I'm going to stick with that, that process that we're in. CHAIRMAN McDANIEL: I'd like to, if I can -- because he -- and just so you know, I have done this before in the public realm. It's an extremely arduous process. I have business partners that I communicate with on a regular basis, and when one of my business partners flinches, I pull -- I hold until that -- my colleague is ready to go. And so my decision -- my comment was made that I'm not going to change my mind in the next two weeks unless the sky really isn't blue, but I'm ready to go now, and I -- but I certainly honor and respect Commissioner Solis' statements with regard to the time and certainly with respect to the candidates as well, so there. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: And it's -- there's no slight. I mean -- COMMISSIONER SOLIS: You know, it's a tough decision -- CHAIRMAN McDANIEL: Yes. COMMISSIONER SOLIS: -- and I think -- you know, I think I heard a couple things today that I, frankly, hadn't heard before. And part of what I wanted to see was how each of the candidates did this, because this is the job. So, you know, I like what we had agreed to do before. We'll rank them and get them to Ms. Lyberg by, what was it, Monday. CHAIRMAN McDANIEL: Monday coming up. COMMISSIONER SOLIS: And then we can -- we'll have a shorter list, and then we can, I think -- hopefully we can focus on why each one of us wanted the candidate that we wanted and what set March 9, 2021 Page 90 them apart and to leave it at that and make a decision at the next meeting. But, you know, obviously if everyone's already made up their mind and I'm the only one out, you know -- I just would like a little bit of time to reflect on what I heard today. CHAIRMAN McDANIEL: And so it shall be honored. Before we go to lunch, I have -- I was remiss in my presentation portion -- our presentation of today's board meeting to announce our Artist of the Month. I forgot. And forgive me, Commissioner Taylor, I'll muddle along here as the chair until I get back into the swing. Our March Artist of the Month is Marina Lounis. She was born in Moscow, studied art in Paris. She describes herself as an ocean-inspired Florida artist painting essentially in shades of blue, turquoise, and indigo colors. Ms. Lounis is the owner of Art Point Gallery on 10th Street and last year acquired Naples Frame Up, the oldest custom framing shop in downtown Naples. Ms. Lounis has established herself as a creative artist and is respected by the Naples artistic community. She has also captured the admiration of many boaters in Collier County. So as we break for lunch today, please take a moment and view her artist's work that's displayed in the back, and we'll come back and do our time-certain 1:00 at 1:10. So adjourned. (A brief recess was had from 12:08 p.m. to 1:10 p.m.) CHAIRMAN McDANIEL: Good afternoon, everybody. And I'll say that I'll rescind my reduction of pay for my colleagues that were late earlier so -- and I just ran up the back stairs, so I'm a little bit out of breath. But County Manager shared with me we missed something in our procedure this morning with the motion and an acceptance of the consent agenda and summary. So with that -- March 9, 2021 Page 91 COMMISSIONER SOLIS: Well, we didn't vote to approve it? CHAIRMAN McDANIEL: I thought we did, but she's -- she wants the record to be correct. And so if somebody will make a motion for the consent and summary agenda as printed. COMMISSIONER TAYLOR: I make a motion to move to accept the consent and summary agenda as printed. MR. OCHS: And amended. COMMISSIONER SOLIS: And amended, yeah. CHAIRMAN McDANIEL: And amended, yes. COMMISSIONER TAYLOR: And amended, excuse me. And amended. CHAIRMAN McDANIEL: There's no -- COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the consent/summary agenda as amended. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Okay. Now, where are we at? Item #10D DISCUSSION REGARDING ISSUES RAISED IN A RECENT LETTER FROM THE US FISH & WILDLIFE SERVICE – DISCUSSED March 9, 2021 Page 92 MR. OCHS: Mr. Chairman, we had an item that was scheduled to be heard no sooner than 1:00 p.m. That is Item 10D. And this is an add-on item by Commissioner Taylor. It's a recommendation to discuss issues raised in a recent letter from the United States Fish and Wildlife Service. Commissioner? CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Thank you very much. This issue was discussed at the Planning Commission. The letter, as I'm sure we've all had an opportunity to review it, but for the public, requested that the Planning Commission continue both issues of Longwater and Bellmar until such time as questions that were posed in the letter could be addressed. The advise -- the legal advisement to the Planning Commission was that the Planning Commission has no authority over this. This has to be a Board of County Commissioners' decision. Given that, I thought it prudent to bring this letter forward. This is a federal agency making a request in a very respectful manner, and I thought it deserved a hearing. Thank you. CHAIRMAN McDANIEL: And do we have -- do we have any -- how you doing, my friend? MR. GODSEA: I'm good. How are you, Commissioner? CHAIRMAN McDANIEL: Good. Good to see you again. MR. GODSEA: Good to see you. Yeah. Thank you, Commissioner Taylor, and thank you, fellow commissioners. I wanted to just bring this to you-all's attention and provide a little bit of clarity to where we're coming from with this letter. THE COURT REPORTER: Your name? MR. GODSEA: My name is Kevin Godsea, K-e-v-i-n, March 9, 2021 Page 93 G-o-d-s-e-a, and I'm the Refuse Manager for the Florida Panther National Wildlife Refuge and all the national wildlife refuges here in Southwest Florida. So thank you, again, for having me, and I wanted to just clarify, the role of the refuge is we are the land management branch of the U.S. Fish and Wildlife Service, not the regulatory branch of the U.S. Fish and Wildlife Service. We are the same agency, but we provide very different statutory roles and responsibilities. And these issues that we raise are specific upon the refuge's concerns about these developments. There is a federal process, as the county Planning Commission has recognized. There is a federal process, a state process, county process, but these specific concerns that we had we feel are specific to counties' jurisdictions. And so I wanted to kind of just bring these to your attention. It is not a plea to delay processes or procedures but a plea to make sure that we understand what is happening as these developments in the RLSA area become more of a reality. So first, you know, we -- it's important to note that, you know, the call for a pause in any kind of proceeding is really about making sure that all of the mitigation strategies are harmonized in a way, whether that's in the RLSA or in the pending Habitat Conservation Plan, which is still a pending action upon the regulatory side of our agency, making sure that those -- those strategies are married up and are consistent with one another. We at the refuge, we've worked very hard with the applicants and the landowners, not just this applicant but all of the landowners in the RLSA area for many years. And so the things that we've discussed in here should not be anything new that the applicants have not heard before, but from our view of the applications, when you were considering these individual developments, it simply isn't March 9, 2021 Page 94 readily apparent where some of the specifics are, specifically when it comes to hydrologic restoration activities in the Camp Keais Strand flowways and SSAs. Now, there was -- there is restoration that is going to occur in these SSAs, but what are those specifics? Who, you know -- who is responsible? When is the timing of those responsibilities? All of that needs to be in a -- considered in a very timely way and considered in a very comprehensive way when we're consi dering these individual developments. What are we getting on the other side of it when it comes to the -- comes to the conservation benefits that the RLSA does provide for? Likewise, this issue of what we consider smoke easements or some sort of informed consent for future homeowners that are going to live in these developments. These areas are within a mile of the refuge, and we burn about 4- to 7,000 acres doing our prescribed burns and our habitat management work as well as our fuel -- reducing our fuel loads so that we don't end up with catastrophic wildfires. We do this on an annual basis, about 4- to 7,000 acres a year, and there is going to be times when we can't mitigate that smoke management protocol. It's going to be within -- these areas are going to be within our smoke column. Not every time, but there's going to be times, and I think that there does need to be some sort of indemnification that goes along with the deeds, every deed transfer in these developments, to make sure that we're able to continue to burn. But not just us, but the other conservation areas and including the management of the SSAs themselves. The applicants have readily said that they're going to have to manage through fire, and they do now. And in making sure that we're going to have some sort of instrument available to us, whether that's through the county or through the state. March 9, 2021 Page 95 And the applicants have said they're -- that this is an issue that they've brought up in their HOA documents. I'm not sure that's the most appropriate place. It seems to me that that's a county zoning and planning issue, but it's not readily -- in these applications, it's just not readily apparent to us that these issues that we've discussed for many, many years with the applicants, that t hey're in this application. And so that was our concern when we wrote the letter -- when I wrote the letter to the Planning Commission. I'm willing to continue to work with the county as well as the applicants to make sure that that's -- to make sure that those things are in there for our future management of these protected lands. So with that, I'll be happy to take any of your questions, and thank you. CHAIRMAN McDANIEL: Commissioner Taylor, do you have any questions? I'm going to go to you first. COMMISSIONER TAYLOR: Not at this point, but I'd like to reserve my position after hearing from my colleagues. CHAIRMAN McDANIEL: Does anybody else have any questions of Kevin? COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: So I'm looking at your letter, and it says -- and I want to make sure I understood, because I thought you just said you weren't asking anyone to take a pause, but your letter says, we believe the Planning Commission should take a pause. MR. GODSEA: Yeah. Let me clear that up. So we do think, you know, there needs to be a pause to make sure that these are harmonized, that the mitigation strategies make sure that what is in the RLSA, what is in the -- at least the draft HCP, make sure those are consistent with one another and not just those are consistent, but then these individual developments are consistent within that. March 9, 2021 Page 96 And so that causes us pause, because we -- like I said, we've worked long and hard with these applicants, and it just readily -- it's just not readily apparent to us that these concerns that we've had long discussed are in there, and so we want to make sure -- let's take a pause, take a breath, and let's make sure that it's consistent. COMMISSIONER SOLIS: So you are asking for a pause? MR. GODSEA: In the -- not necessarily in the regulatory sense. The county can go ahead and do -- you know, and pass their processes. COMMISSIONER SOLIS: You're just saying that we make sure that all of this is addressed somewhere in our process? MR. GODSEA: Correct. COMMISSIONER SOLIS: Okay. I mean, that's not -- I'm not -- just wanted to make sure I understand what you're asking for. MR. GODSEA: I just want to make sure that it's all consistent with each other. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: Good. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. A question for you as well as one for the County Attorney. But do you have any idea of where the property owners are on this particular issue? I'm assuming that they're not supportive of a pause here. MR. GODSEA: Yeah, I'm assuming they're not. I will have a meeting with Collier Enterprises tomorrow, in fact, on a lot of these subjects. Like I said, we've worked for many years together. They're not -- they're not surprised by the content. I think they were surprised by the timing. COMMISSIONER SAUNDERS: Okay. And then a question for the County Attorney, because we obviously have in our executive summary your summary of Section 125.022(5) that basically, March 9, 2021 Page 97 according to what I've read here, what you've said in this memo, that we can't just pause an item unless it was an application that was filed prior to July 1 of 2012. So what -- in terms of that timing, are we in a position where this was done -- applied for prior to that? Or if it was after that, it sounds like we can't do anything. We can't pause a project, but we can -- if we have other bases for delay, we can certainly do that, but we can't just say, okay, well, we want to take a breath here. MR. KLATZKOW: I'm still not sure what this gentleman is asking us, to be honest with you. I don't think we can take a pause. I don't think we can put some sort of stay on the proceedings or some sort of moratorium on the proceedings. The federal government, they've got their permitting process. They can certainly, as part of that permitting process, put these requirements into it if that's what they want. I don't know why it's on us. But, no, we can't pause it at this point in time, not for any reason I've heard. MR. GODSEA: May I respond to that? Because that is true. Yes, we have our federal process, but it's not readily apparent where in the ESA we have necessarily jurisdiction over smoke management through an Endangered Species Act permit. So whether we could put those requirements in place through our federal process is, you know, debatable at best. CHAIRMAN McDANIEL: And we get a letter from the Department of Interior, and everybody perks up. MR. GODSEA: Understandably. CHAIRMAN McDANIEL: What I read -- because I know the rules and who's in charge and how we're doing. What I read was concerns expressed by a neighbor with regard to the practices that our neighbor -- that this particular neighbor has with regard to these upcoming projects. March 9, 2021 Page 98 What I read was uncertainty with regard to the hydrological effects of the projects, even though they're well -- as far as I'm aware, they're really established as to what they're doing with rehydration efforts and the expansion of the Camp Keais. That whole area down through there, that flow-way coming through, there's an enormous amount of good things that are happening. What I read was a concerned neighbor who has business practices. You've got to burn. We all know that. And the statement that I read in here stipulated that some sort of agreement/acknowledgment with the residents that live in this area all over the place that are in the smoke column actually are aware of the activities of the Department. As Commissioner Solis said and Commissioner Saunders, I think the evidence, to your concerns, will move through -- while moving through the process, can easily be established and met with what I already know exists within the RLSA, within the criterium for the restoration credits, within the existing ongoing Habitat Conservation Plan, I think all of those things are going to be washed through and answered. Your questions and concerns are necessarily going to be addressed. And I think it's quite prudent, because of the known practices the department has, to acknowledge the potential of the smoke column and the impacts that that could have on those residents. I think that's very prudent. But I wasn't sure -- is your department or your agency actually a regulatory body in this development? MR. GODSEA: So from the refuge perspective, no, we are not part of the regulatory side of things. This is exactly as you have summarized is that a neighboring body, a neighboring agency in this case that has certain practices that would like to continue and needs to continue those practices, needs to be considered in these types of discussions. March 9, 2021 Page 99 And I'm sure we can get through the process in the normal process there, but it's also important that we put this in record so that we do have accountability through the system so we make sure that that restoration that they mentioned on the hydrologic side of things, that's important to us. In past applications that, you know, didn't go through, didn't get passed, there was a very different restoration plan in there. CHAIRMAN McDANIEL: Sure. MR. GODSEA: And then these applications, it's dialed back a bit, because there has been some land ownership patterns that have changed out there, and that has undoubtedly changed some of the restoration plans. So what are we getting in the terms of restoration? I'm sure we can figure that out. Let's spell it out, and let's make sure it's heard in the public eye. CHAIRMAN McDANIEL: And I'm here to offer you the assurance that those questions will be answered, or we won't a llow this project to go forward. Those are all valid questions, but the suggestion that there's deficiencies in the process that we have currently in place and the pause caused a lot of consternation amongst the community. MR. GODSEA: Understandably. And, yes, when you put something on the Department of Interior letterhead, we are part of the Fish and Wildlife Service, part of the Department of Interior. I understand that, and that's why I'm here today, and I appreciate the opportunity to clear that up for you all. CHAIRMAN McDANIEL: Outstanding. Do we have any staff report -- or, Commissioner Taylor, I'm sorry, you want to address Kevin? COMMISSIONER TAYLOR: Yes, just -- no, really the Board. One of the -- one of the issues that we will continue to face as March 9, 2021 Page 100 we grow in the east, and certainly the City of Naples has faced as it's grown around an airport, is a declaration of what is going on around you before you buy. And I know that in conversations with Mr. Godsea, he did indicate his concern that nobody likes smoke in their backyard and at some point, if these are not made clear right from the get-go and are put in -- and I'm not sure what the terminology is, but I think my attorney friends on the Board can tell me -- in the for-sale documents, the sale documents, that it's conceivable that public outcry will cause this burning, this very essential part of how we manage these lands, to cease, which will be to the detriment of everything. So to me, that alone is a critical issue that needs to be addressed. And I'm not sure -- it could be that there is enough time, but I think -- I think the question is not to stop anything. A question is to -- let's make it very clear. And the restoration part is very critical because, as you know, there's been a significant amount of disagreement about what restoration is and what does it mean, and unless we toe the line with that, it leaves -- it leaves openings that could be -- just really could be misconstrued and a job done that doesn't mean restoration. So, as we know, the currency of the eastern lands is the credit system, and we know that credits are given for restoration. So it behooves us as taxpayers' representatives to make sure that it's done properly. Thank you. CHAIRMAN McDANIEL: County Manager, do we not have -- have we adopted the proposed RLSA amendments? MR. OCHS: No, sir, not yet. CHAIRMAN McDANIEL: Why? MR. OCHS: They're on your schedule for, I think, two meetings from now. March 9, 2021 Page 101 CHAIRMAN McDANIEL: Okay. I mean, because I think we're past the 30-day review period from the Department of Economic Opportunity, and I believe within those amendments, there is specificity put into the restoration credits and restoration work and the credits that are generated, as Commissioner Taylor stipulated, that there's a significant amount of clarity that's brought into and further enhances the RLSA. So I think, with a sufficient amount of time going through the continued processes that we are, another Planning Commission meeting or two to go through the processes, and then these projects coming forward, the questions will certainly be addressed. MR. GODSEA: I appreciate and understand that, because I know the amendments have been hanging out there, and to know the timeline that that is coming -- forthcoming still, that gives us a lot more -- a lot more ease, I guess. CHAIRMAN McDANIEL: And from me to you, I promise to work with you just to make sure that your issues are, in fact, addressed, and clarity is brought forward. MR. GODSEA: Yep. I appreciate that. Thank you. CHAIRMAN McDANIEL: Thank you. All right. Let's -- I think we've sufficiently taken care of that one, unless there's -- is there anything else we need to do with that? I mean, there's no action required. We -- MR. OCHS: No, sir. CHAIRMAN McDANIEL: Thank you, sir. Let's see. MR. OCHS: Ready to go to advertised public hearings, sir? CHAIRMAN McDANIEL: Yes, sir. Item #9A March 9, 2021 Page 102 ORDINANCE 2021-14: AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CREATE THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) AND ELIMINATE THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY (GGPPOCO) AND THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), AND ESTABLISH USES, BOUNDARIES AND DESIGN STANDARDS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS; CHAPTER TWO - ZONING DISTRICTS AND USES; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS; AND CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE – ADOPTED MR. OCHS: That's Item 9A on the agenda today, Commissioners. This is an ordinance amending your Collier County Land Development Code to create the Golden Gate Parkway Overlay District. This is the second of two readings on this ordinance, and it was originally scheduled on your summary while we were preparing, but we had some communication from Park East Condo Association, March 9, 2021 Page 103 who the Board had exempted out at the first reading of this ordinance, so we moved it to the regular public hearing agenda for discussion. And we can present the item again as we did at the last meeting, or we could go right to the commissioners or public comment. CHAIRMAN McDANIEL: Do we have any public comment? Do you want to hear that? MR. MILLER: Yes, sir, I do have public comment. CHAIRMAN McDANIEL: Let's let the Board deliberate, and then we'll go to public comment. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I was just going to make the point, we don't really need a staff presentation. And the only issue is whether or not this Park East, if I'm saying that correctly, goes back into the overlay, and we're going to hear from a couple property owners there, their rationale for why it should be included, and I'll start off by saying I agree with them, and I will ha ve a comment once that public hearing part is completed. CHAIRMAN McDANIEL: Good. Thank you, sir. We'll listen to Mr. Davies. MR. OCHS: Is he one of the registered speakers, Mr. Miller? MR. MILLER: Yes, he is, sir. Do you want -- is this to be timed? CHAIRMAN McDANIEL: No. He's the council for the people that are in question in this overlay, and I don't think he's going to take an enormous amount of time. Are you? MR. DAVIES: No, sir. Thank you, Mr. Chairman. Good afternoon, Commissioners. For the record, Noel Davies with the law firm of Davies Duke on behalf of the Park East Office Condo Association. So my clients are those folks that were mentioned at your first March 9, 2021 Page 104 reading on this item. I did write a letter on behalf of my clients dated March 2nd, so from last week, which you-all should have and which is included in your backup materials for today's meeting. The message of the letter is simple. My clients do want to be included in the subject overlay. There was some discussion about whether or not that was the case, and to clarify the record, they absolutely do want to be included. They've been tracking the item since it's beginning and have been looking forward to it being adopted by the Commission, and they were shocked, frankly, when they found out that they were being singled out as potentially being excluded. Doing so would not be fair and would be improper, and so I am here today to formally object to that -- to that exclusion. To be clear, my clients support the overlay. They very much want to be included, and they also want to take the opportunity to thank the county staff and the commission, particularly Commissioner Saunders, for spearheading this initiative. They have been following along and appreciate all the hard work that has gone into the overlay and hope and expect to be included alongside their neighbors on Golden Gate Parkway. So thank you very much, Commissioners, and I'm happy to take any questions about my client's position on this. CHAIRMAN McDANIEL: I have a question for staff, not you. You were quite clear on your position. MR. DAVIES: Thank you. CHAIRMAN McDANIEL: Jeremy, just a quick question, because I'm leaning towards supporting Commissioner Saunders and adding these folks in. With this overlay and these added uses, is it not -- are they not similar to a conditional-use process where if these particular -- this particular project were changed to one of the allowable uses within the overlay, would they not have to go through the public process, March 9, 2021 Page 105 disclose, talk about, sight/sound barriers, landscaping, architectural design, so on and so forth? MR. FRANTZ: Jeremy Frantz, for the record, LDC Manager of the Zoning Division. It would depend on the particular use that's being proposed. There are many uses that are proposed as permitted by right. So many uses would not require a hearing in order to develop or to take advantage of those. There are some conditional uses that are proposed as well, but, you know, it's just like any other overlay that has a list of potential allowable uses. CHAIRMAN McDANIEL: And, I mean, you and I can talk if you want to. I mean, you don't have to hit your button. I know you have something to say. It's just -- I mean, that's -- my understanding was these additions were not detractions. I heard from the public that they had concerns about some of these allowable uses that were coming in this overlay, but I also was under the understanding that there was a -- there was a public process to receive input on if a use change, in effect, was consummated. MR. FRANTZ: The particular properties that we're looking at are within a PUD right now. They could potentially come and request changes to that PUD or to their zoning in general, but the structure of the overlay is that we're allowing uses by right. CHAIRMAN McDANIEL: I don't have any more -- Commissioner Saunders. COMMISSIONER SAUNDERS: One of the objections to this property being included was the statement that there are little restaurants and other businesses that are a little further to the east of where this property is and that a lot of those property owners have signs in their windows that are illegal perhaps. Maybe the sites haven't been kept as clean. This particular site has been pristine. The property owners have not violated any rules. They've March 9, 2021 Page 106 maintained the property in a very nice way. And so I would say that if we don't include them, we will be proving the old saying that no good deed goes unpunished. You've done what -- your client's done what they're supposed to do, and to exclude them would be punishing them for doing that. So I would make the motion to reincorporate Park East back into the overlay. Oh, and there was one other point that I was going to make. One of the property owners, and I'm not sure if it's your client, is actually planning on doing a project; it's a multiuse project that is consistent with what we're trying to accomplish in that whole commercial overlay. Is that your client? MR. DAVIES: I don't believe that's my client, Commissioner Saunders. I think maybe near by, though. COMMISSIONER SAUNDERS: Yeah. So this is going to help jump start that whole process. COMMISSIONER SOLIS: I'll second that. CHAIRMAN McDANIEL: There's been a motion and a second, and we'll -- how about any discussion, and then we'll go to public comment, because I know we have some. MR. FRANTZ: If I could just clarify, you mentioned Park East, and I think that maybe is a reference to a specific center, but when we looked at the map last time, we were looking at a couple of different tracts within what's called the Founder's Plaza PUD. I think you're suggesting that we don't remove any of that PUD. COMMISSIONER SAUNDERS: That's correct. That's correct. CHAIRMAN McDANIEL: Founder's Plaza. So clarification, it's including the Founder's Plaza PUD. MR. KLATZKOW: For clarification, we're voting on the ordinance as originally advertised. COMMISSIONER SAUNDERS: Ordinance, yes. March 9, 2021 Page 107 CHAIRMAN McDANIEL: Right. Okay. Any other discussion before we go to public comment? (No response.) CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: No, no discussion. CHAIRMAN McDANIEL: Okay. MR. MILLER: Mr. Chair, we have two registered speakers. Both are on Zoom. Your first speaker will be Kaydee Tuff, and then she will be followed by Megan Greer. Kaydee, you're being prompted to unmute right now, if you'll do that for me. Ms. Tuff. There you are. You have three minutes, Kaydee. MS. TUFF: Great. Thank you. First of all, I see that Commissioner McDaniel has his purple hat, DADV hat, and I would like to thank the commissioners for putting in today Gentlemen Against Domestic Violence Day and for setting an example in our community as real gentlemen and, Penny, as always, you are a fine gentlewoman and a fine role model as well. So thank you all for your time and service. I come to you today from Branson, Missouri, where the temperature is 67 degrees, and I appreciate the opportunity to take part remotely. I'm a 30-year resident and business owner in the four-mile square known as Golden Gate City. My husband and I published the community's newspaper for over 15 years. I currently serve as president of the Golden Gate Civic Association. I truly know and love my community. For several years we have listened to many experts tell us how they will improve our community through the Golden Gate Overlay -- Parkway Overlay District. We've been shown renderings of Fifth Avenue style buildings with tidy boutique shops below and March 9, 2021 Page 108 two stories of housing above. And we've been told these changes are healthy, blue, and will improve the aesthetics as well as the quality of life in Golden Gate. But the reality of this project is that it is a politically correct way to pack more affordable housing into the four-mile square of Golden Gate City, which is already not twice, not four times, but six times -- six times the density of the City of Naples. In addition to the 400-plus units of affordable housing scheduled for our golf course, this overlay ensures our parkway and the K-Mart plaza will accommodate hundreds more units of affordable housing as we move forward into the future. At one point during the public process, staff even wanted to remove the retail requirement from the overlay which would have allowed three stories of housing all along our parkway. So it's pretty clear that the intent of this overlay is additional affordable housing. So as this avalanche of housing and unknown retail uses approaches my community, I'm here today requesting one small thing: Please do not eliminate the Golden Gate office -- professional office commercial PUD that regulates Park East Plaza. This PUD was established 16 years ago through the public process involving the community, the county, and the developer. Our concerns at that time as well as today was to prevent a narrow strip of 27 units at the entrance of our community with retail uses. By the very nature of the business, retail uses traditionally bring additional signage, litter, loitering, and crime. By limiting this PUD at this time, you will be immediately opening these 27 professional office spaces to retail uses comparable to the ones illustrated in t he photos I previously sent each of you. The photos were taken just a few blocks of [sic] Park East Plaza. Based on Golden Gate's current economic demographics, the remarkable Fifth Avenue style renderings that are obviously many March 9, 2021 Page 109 years away -- and that is if they ever materialize given the provision for a deviation request as proposed in Item 16A of today's consent agenda. But one thing is for sure, they will never materialize if we open the door to additional blight today. Commissioner Saunders has been very adamant that he does not want to cram anything down the throat of our community. Allowing the retail uses in these 27 office units will destroy the very thing the community worked hard to put in place. It may not happen under the current ownership, but it will inevitably take place as these owners sell their properties under the expanded zoning, and once blight starts, it takes over and, unfortunately, we know this from vast experience. CHAIRMAN McDANIEL: Okay, Ms. Kaydee. You want to say goodbye? I don't want to cut you off, but your three minutes are up, dear. MS. TUFF: Thank you very much for giving me the time. CHAIRMAN McDANIEL: Yes, ma'am. MR. MILLER: Mr. Chair, your final registered speaker on Item 9A is Megan Greer. Megan, you're being prompted to unmute yourself, and there you go. You have three minutes, Megan. MS. GREER: Thank you. Good afternoon, Commissioners. I just wanted to -- I'm -- for the record, I'm with Blue Zones Project, and I just wanted to take a moment to commend staff and commissioners for this project. This is a very exciting opportunity not only to merge the new overlay with the Golden Gate Parkway potential rede sign, but it's also centered around designing for people, including multiuse and multifamily development. These types of city centers lead towards lower rates of obesity, higher activity, less alcohol consumption, a higher ability to see March 9, 2021 Page 110 friends and build more connections, lower chronic disease, lower loneliness, a higher use of alternate transportation and, obviously, bringing in higher tax revenue for you. All these things lead towards living longer, happier lives. In the process of moving forward with this, I would encourage -- we're in full support of the overlay, but I also would encourage an implementation plan that really reflects the engagement of the community and -- and the community and the demographics in that community. So when you look at the 2020 census, almost upwards of 70 percent of the community is Hispanic or of Latin descent. So making sure that there are opportunities for public engagement that are in Spanish that have been translated and really looking at the opportunity to add to Policy 3.23 when you initiate involvement with residents that it is provided in Spanish from the get-go so that you're really getting a true representation of opinion through the -- through that community. We greatly support it as it was originally written and just look forward to creating happier, healthy living and lives in Golden Gate City. Thank you very much. MR. MILLER: That was your final speaker, Mr. Chair. CHAIRMAN McDANIEL: I have a question of Jeremy, if you don't mind coming back up; if you would, please. And, again, it comes back around to -- apparently, my misunderstanding. I've -- you know, Commissioner Saunders, you made the statement that no good deed goes unpunished, but on the same token, I'm a huge advocate of property rights and what entitlements are bequeathed to one need to be equal for all and so on and so forth. With this process -- am I on a time limit? MR. MILLER: No, sir. March 9, 2021 Page 111 CHAIRMAN McDANIEL: With this process, if someone were to come in for a use change, if you could give me a brief description, this -- you know, Ms. Kaydee mentioned the K-Mart plaza. If someone were to come in with a redevelopment of that particular plaza, of that particular center, what is the process that they need to go through in order to effectuate that? MR. FRANTZ: Assuming that they don't require any deviations, they could come through our Site Development Plan process, if they're sticking to the development standards that are a part of this land use -- this Land Development Code amendment, sticking to the uses within that table of permitted and conditional uses, and, you know, if they're not asking for any deviations from that, they can go through the Site Development Plan process. If they need a deviation, then we have -- we're allowing them to go through the site plan with deviations public hearing. That's strictly for when a deviation is required. CHAIRMAN McDANIEL: And that's in the Hearing Examiner's realm -- MR. FRANTZ: Correct. CHAIRMAN McDANIEL: -- or Planning Commission and ours. So it's -- thank you. MR. FRANTZ: And I neglected to mention before, we did receive additional emails after the agenda went to print. I can provide those to you-all now. There's just a handful of emails, if you'd like. COMMISSIONER SAUNDERS: What's the general tenor of them? MR. FRANTZ: We did receive one from Kaydee Tuff, who's spoken, and the rest of the emails are in support of the amendment. CHAIRMAN McDANIEL: I mean, overall, I've already said, I generally think that the best intentions -- and I commend you, March 9, 2021 Page 112 Commissioner Saunders, in bringing this item forward. I just have -- I have a concern about the lack of public input if there isn't a requisite for -- if they do require a deviation, and that -- as Kaydee adeptly said, it's -- once it's there, it's there, and you can't take it back. COMMISSIONER SAUNDERS: Well, I'll quote you, Commissioner McDaniel. I am a huge advocate for property rights. CHAIRMAN McDANIEL: I am. COMMISSIONER SAUNDERS: I think it's just fundamentally unfair -- and I understand where Ms. Tuff is coming from. That's -- this is a project that was developed over a lot of discussion. We're changing the rules, and change is often a little difficult. But I just don't see how we can fairly say to the property owner that's done everything right that because you've done everything right, we're not going to include you in this new overlay. I just don't think that that's fair. CHAIRMAN McDANIEL: How did they get excluded out in the first place? COMMISSIONER SAUNDERS: I made the motion to exclude them based on the testimony from Ms. Tuff with the direction that this would come back at this hearing and we'd make a final decision. So that was my suggestion at that time. Since then I've looked at the letters and the issues associated with it, and I just don't think it's right to exclude them. I understand where Ms. Tuff is coming from. I just don't think it's the right thing to do. CHAIRMAN McDANIEL: Do you have anything else you want to add before we vote? MR. OCHS: No. I was just clarifying with Jeremy, as part of that discussion at the last meeting, we were directed to reach out to the owners of this PUD, and that's what we've done, and I think that's what led to this conversation today. CHAIRMAN McDANIEL: Having said that, there's a motion March 9, 2021 Page 113 and a second. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: Passes 5-0. And, Ms. Kaydee, if you're still watching, if you haven't shut off your TV, Commissioner LoCastro actually has a purple tie on as well. COMMISSIONER LoCASTRO: On purpose. MR. DAVIES: Thank you, Commissioners. Item #10A RECOMMENDATION THAT THE BOARD ADJUSTS ITS CURRENT SCHEDULE AND FOREGOES THE SUMMER BREAK IN 2021 TO BETTER ACCOMMODATE THE NEEDS OF THE COMMUNITY – MOTION TO AMEND SCHEDULE AS PROPOSED IN THE EXECUTIVE SUMMARY – FAILS MR. OCHS: Commissioners, we move to Item 10A. This is a recommendation that the Board adjust its current schedule and foregoes the summer break in 2021 to better accommodate the needs of the community. This item was brought forward by Commissioner McDaniel. CHAIRMAN McDANIEL: Well, Commissioner Saunders, just so you know, you brought forward an item or discussion -- I think it was under commissioner comments back in December of last year. March 9, 2021 Page 114 Commissioner Taylor, you might -- or somebody's not on mute. MR. MILLER: Yeah, I can't -- I don't have the power to mute the commissioner, sir. CHAIRMAN McDANIEL: Well, somebody give it to me. COMMISSIONER TAYLOR: Apologies. CHAIRMAN McDANIEL: That's okay. I was just -- I was just having fun. Anyway, as you know, I mean, we have a very big decision coming up in the latter part of March. I'm all about as much public input as we possibly can receive from our community. I think that our vetting of our budget is lackluster at best from a public-input perspective. I would like to see -- and we're seeing large backlogs in our agendas as we're coming forward. You made a suggestion, Commissioner Saunders, that we add a meeting in November, and I'm not opposed to that, although you folks are the only ones that will be here. If you'll allow me to attend virtually, I'll be happy to do that. And I also -- I know you have travel plans come up with summer -- would -- and I made it very clear in this agenda item that if anybody did have previous engagements or commitments, that they could attend virtually. But I think it's time for us to treat this as a real community with 370,000 people, and that community deserves our presence on a far more regular basis. So with that, I'd like to make a motion to approve this as submitted. COMMISSIONER LoCASTRO: Second. COMMISSIONER SAUNDERS: Just as a quick comment, I have no problem with meeting all year long. That -- when I had suggested having the break, it really is for our staff, and the rationale for that is that every two weeks they put together an agenda book that has anywhere from 1,500 pages to 2,500 pages. August is a time when families like to take vacations. This will make it a little March 9, 2021 Page 115 tougher. I'm going to support the motion because I really -- again, I have no problem attending remotely as well. That's not a personal thing at all, but I think it's a bit of a disservice to our staff to not be able to make those types of plans that we can make. So I will just simply support the motion. COMMISSIONER LoCASTRO: I'd like to say something. CHAIRMAN McDANIEL: I got you. I mean, he jumped on the light. COMMISSIONER SAUNDERS: I'm sorry. I thought you were getting ready to call for the vote, and I didn't -- CHAIRMAN McDANIEL: Oh, no, no. He just jumped in on the second. So, Commissioner LoCastro, you're -- COMMISSIONER LoCASTRO: I'm a strong supporter of no summer vacation. We're not a college. We're not a high school. These are really big jobs in this building, and so I know people are tired and they do thousands of pages. Every major company and corporation does. So a lot of us have worked here in business, and, you know, maybe, you know, sometimes we forget that, you know, the job comes first, and if it's -- you know, if you want a job where you can take summer vacation and you're not inconvenienced, there's jobs that fit that. But this is doing the business of the people. I was flabbergasted, as a citizen, to sit out in the audience and even learn that there's a summer break. There's ways around it. Like you said, to Zoom in, and this, that, or the other. I talk to a lot of citizens that we serve, and they say that when we come back from the break, then we're behind a bit in, sort of, the agenda and whatnot. And maybe that's arguable but, you know, I ran for the seat to work. And we all did, so I'm not casting stones or anything. But I think this is long overdue. Big companies work -- I'm sure Arthrex doesn't take a two-month break, or March 9, 2021 Page 116 two-week break at NCH. I'm sure all those first responders that we just applauded in here, you know, if they need to have a summer vacation, it gets planned. I don't think we're canceling Christmas or anything like that. But I think, you know, we're telling our staff, you have a big job with a lot of responsibilities. This county doesn't shut down in the summer. And on the flip side, I think we can get a lot done in the summer when there's a few less people here, and we can plow through and get stuff done rather than figuring out, you know -- you know, moving it to another meeting or whatnot. So I'm a big supporter of Commissioner McDaniel's motion, and I hope others are as well without reservation or comment or anything. I think citizens expect us to work all year -round. COMMISSIONER SAUNDERS: Why would you suggest that we not have comment? CHAIRMAN McDANIEL: Yeah. I was just going to say, there's two other comments. COMMISSIONER LoCASTRO: No, I didn't mean to not make comment. But, I mean, and then saying, well, I'm going to support it, however, but. I mean, either get behind it or don't. You know, sometimes these little innuendo things of, well, I'm sort of going to support it, but -- okay, then make your comments, but I think in the end we should decide, and it should be one decision and one voice. So my comments are just as important as yours, so I look forward to hearing your comments. COMMISSIONER SAUNDERS: You will. CHAIRMAN McDANIEL: Commissioner Solis, as a matter of fact, comments goes, do you want to -- he unlit. COMMISSIONER SOLIS: Okay. I will say I've been here four years now, I have never once had somebody say you should be hearing zoning matters during the summer. What we've always March 9, 2021 Page 117 heard is the exact opposite; that we shouldn't be hearing zoning matters during the summer because everybody's not here. CHAIRMAN McDANIEL: Correct. COMMISSIONER SOLIS: And I'm not going to support the motion for that very reason, because we hear that at every single zoning hearing that does not fall within the season, and this is just going to make it worse. Yeah, let's get things done in the summer when people aren't here is exactly what we hear in terms of the complaints from the public. I've never heard anybody say we should hear more important matters during the summer when there's less people here and so -- you know, I just haven't heard that. I understand -- I'm perfectly willing to work all the time, but I don't think it's -- one, I don't think it's the right thing to do for the staff, and I don't think it's right -- actually, the right thing to do for the public. CHAIRMAN McDANIEL: And if I might clarify. I didn't put it in this. And, you know, this is my fourth shot at this, having the discussion about extending our schedule, and I had, similarly to what you suggested -- because I'm not an advocate of contentious land-use items that are coming up in the summertime. I'm not an advocate of hearing those outside when there isn't as many folks here. I wouldn't mind amending my motion to -- to not allow us to do that or not have us do contentious land -- I mean, simple land-use items, certain things that we do conducting business doesn't -- but contentious land-use items I don't think we should hear in the summer months. I had suggested in the past -- and that was the mindset that I had with this was more of a pilot project just to talk about the efficacy of how we're conducting business, so... COMMISSIONER SOLIS: If I can just follow up, since that was a response to what I said. You know, again, who's going to decide what's a contentious March 9, 2021 Page 118 zoning matter as opposed to a non-contentious zoning matter? I think we have a process that's worked well. The only thing that we hear is that we shouldn't even hear things, you know, in April, May, or June, and certainly not in August or September. I think adding more hearing times to when less people are here is just the opposite of what I'm always hearing from constituents, so I can't support the motion. CHAIRMAN McDANIEL: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: I would agree with Commissioner Solis. I think this is a recipe for folks pointing the finger and saying that we want to rush things through. It is naive to think because before we don't -- we aren't seen in a meeting that we aren't working. We're working all the time, through the summer. We do take breaks. That's very important. It's my understanding and it has been my custom in my almost 18 years in government, that staff needs that break. They need to stop preparing for meetings. They need time to catch up, and t hat is not done with us on the dais. That is done with us away from the dais where they can get to the work they need to do to prepare for us. So I cannot support the motion. I think my constituents will call foul -- will cry foul on this. In fact, we've all received emails to that effect. Thank you. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. It's impossible, really, to tell whether something's going to be contentious or not, whether it's a zoning matter or any other matter. This issue with Golden Gate Parkway, I didn't think it was a contentious matter until -- as a matter of fact, it was on the consent agenda when it was originally scheduled. I took it off the consent agenda just so there March 9, 2021 Page 119 could be more public comment, if there was going to be any. I didn't really expect it because there was so much community outreach on that issue, but it became very contentious. So you just don't know on any zoning issue, whether it's on the consent agenda or not. A l ot of these other issues we deal with can become very contentious without us even knowing it. I'm going to -- as I said, I'm going to support the motion. I don't think it's the right thing to do, but you've made this into a very strong political issue. Commissioner LoCastro has basically said, we're big boys now, it's a big operation and, I think, has painted us in the corner of we have to approve this. So I'm going to do that, but I think it's a mistake, and I want to thank you for putting us in that position. CHAIRMAN McDANIEL: It wasn't done with malice. We're obviously in deference on opinion with regard to it. I said what I said at the beginning. We're no longer like it was 40 years ago, a sleepy little community of less than 100,000 people. We're 370,000 people. COMMISSIONER SAUNDERS: Could I just comment to that? CHAIRMAN McDANIEL: Sure. I mean, I'm going to -- COMMISSIONER SAUNDERS: Even though we're going to pass this, not an issue. Lee County, I believe, has twice the population of Collier County. If I'm not mistaken, they take a break for their staff. Most communities do that. And it's for the staff. It's not for the individual commissioners. CHAIRMAN McDANIEL: Gotcha. Okay. Commissioner LoCastro, and then Commissioner Solis. COMMISSIONER LoCASTRO: I think we always have the ability that if we perceive or an issue turns into it being contentious, we have the ability to make a decision from here to say, you know March 9, 2021 Page 120 what, this is an issue that maybe isn't a perfect vote for today. I mean, we do it all the time whether there's a lot of people here or not, so I'll just make that statement. The second thing I would say is, every citizen matters, so I will tell you the citizens that I talk to, say, wow, a lot of those people that aren't here aren't -- and I'm not saying they weren't voters. I represent citizens whether they vote or not. We all do, so I'm not speaking for anything. And I can tell you, I don't look at this as a political issue. I'm not trying to paint anyone in the corner. I will say that I hope in the four years that I sit here I never say I'm voting for something, but I don't agree with it. If I don't agree with it, then I won't vote for it. But I understand your position. I just don't agree with that. But I think less people being here, I think there's enough business to do, that we're smart enough to delay votes that require more people to be here that aren't here but in the summer, you have -- you know, it's not like every single person leaves. I mean, we still have a population here of citizens who count as well, and I think, you know, we're not talking about taking an eight-month break. So I think sliding a contentious decision or something that we didn't think was contentious but it's obvious that it is saying, you know, I'd like to make the motion to delay it, you know, a week, a month, or whatever, because there's more public comment is something we do all the time. I don't think this is political. I think this is business. I think it's common sense. I agree with Commissioner McDaniel that maybe 20 years ago you could take a break. We're not canceling vacations. People can still plan those type of things. But I think there's no substitute for us sitting here in person. And if in the summer we think we have an agenda that has nothing to it, we always have the right to say, you know, we're going to -- we're not going to have a March 9, 2021 Page 121 commissioner meeting on the third, you know, Monday or Tuesday or what have you. You know, we have some flexibility. But I think there's plenty to do, and we can pick and choose. And they might be short meetings, but I think, you know, we're operating the way the real world operates outside of this building, and we should start acting like it. CHAIRMAN McDANIEL: Commissioner Solis, did you unlight, or are you contemplating? COMMISSIONER SOLIS: I'm contemplating Commissioner LoCastro's last comment and whether or not I should even respond to that, because it implies that we haven't been somehow doing our job. (Simultaneous crosstalk.) COMMISSIONER SOLIS: You know, I think -- I think we need to think about that. And I would just ask Commissioner Saunders that if you think it's the wrong decision, then I would hope that you wouldn't vote for this. This has been the most frequent outcry from the public as long as I've been a commissioner and before I've been a commissioner, and to not listen to that and then to make it worse and somehow come up with we'll hear this or not this on the fly is going to lead down a road of disarray that we haven't had. I don't -- I haven't heard from anyone on a land zoning issue or anything, really, that we have such a backlog that we need to start doing this. So I'm not sure where this is coming from. But if we're going to do this, then, you know, I would say then we should meet twice in November and twice in December because if we're going -- if we're going to be big boys and we're going to work all year long, then we should work all year long, not, you know, pick and choose. We've had this schedule for as long as I've been in Collier County, and I just don't -- I don't understand why we're going to do something that nobody has asked me to ever do. March 9, 2021 Page 122 CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Thank you. And I will direct my comments to Commissioner Saunders. And, Commissioner Saunders, I respect your opinion and your unwillingness to support the motion, but you are supporting the motion because of your concerns of how it paints you if you say no. But, frankly, sir, I disagree with that observation. And I respect the fact that that's your observation. I believe that the people -- it's not being on TV that shows that we're working. It's what we do. It's the one-on-one with our citizens, and we can be one on one with our citizens 365 days a year, and those are the people that know that. So I would respectfully ask you to reconsider your decision. I think it's a wrong decision. It's a wrong motion. It's the wrong way to proceed. I think it's patently unfair to our staff. I think it sets a precedent that I'm not sure why we're even setting this. And I think that we work and people know we work and, frankly, those who don't work will not get voted in again. So I would ask you, respectfully, reconsider your comments. And thank you. CHAIRMAN McDANIEL: And last, but not least, Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. This is just kind of a statement. Any of those meeting in the summertime, I will not participate in a zonin g issue of any kind. Whether it's on the consent agenda or not, my vote will always be a no if anything comes up on a zoning issue in the summertime. Now, that's probably something that County Attorney would not agree to, but that's a message to staff nothing dealing with zoning is going to get a four -- is going to have five commissioners participating, because I will not be one of them. I agree with everything that's been said. Commissioner Solis, I March 9, 2021 Page 123 agree with you that we do need to have more meetings -- if we're going to have more meetings, we need them in the wintertime, and so I support the idea of two meetings in November and in December. I just don't want the headline to show tomorrow that this commission is not doing the work of the people because of some personal reasons or because of some vacation issues. Commissioner McDaniel has brought this up four times. He knows what our position has been. I'm going to support it even though I don't think it's the right thing to do. CHAIRMAN McDANIEL: And just as a comment. Maybe your -- and I know we all represent different groups. I have been asked this and talked to about this since before I became a commissioner, just as you know. I'm not just doing this for fun. I truly believe that -- and I've said it before. I truly believe that we're a population of 370,000 people, and those folks deserve to have an audience of such. So, again, we're -- this isn't -- this isn't new news, and it's not political by any -- though you've represented that, it's not. To me, it's practical. So with that -- COMMISSIONER SAUNDERS: I'm not particularly convinced of that, but that's okay. CHAIRMAN McDANIEL: Fine. Okay. Commissioner Solis. COMMISSIONER SOLIS: Well, I would like then if we're -- if we're going to, you know, grow up and work all year, then I would suggest -- I would request the motion maker to amend his motion to make sure that we have meetings both in November and December. CHAIRMAN McDANIEL: I'd be okay with that. COMMISSIONER SOLIS: And I also will not be attending meetings in the summer and maybe not December. CHAIRMAN McDANIEL: That's your prerogative. I actually March 9, 2021 Page 124 stipulated it in here that if someone had a conflict, that they could attend virtually. So I think per the Governor's order, we need to have a quorum of three in the room in order to have a meeting, so... COMMISSIONER TAYLOR: With all due respect -- and I will jump in here. I will not attend any meetings in the summer that haven't been scheduled before. Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I don't think this is about being on TV. I think we decide the business of the county here. And just look at the consent and summary judgment. There's actually no comment. These are common-sense things that have been put in the consent and summary agenda that don't have a lot of -- that don't have any kind of controversy or anything. It's moving -- it's moving forward the business of the county. So I would argue that I think the summer meetings and the Christmas meetings and what have you are going to be -- you know, might not be our longest ones -- they won't be 13-hour sessions, but I -- you know, in the short time I've been here, there's been plenty of business that we've moved forward for the good of the people that hasn't been zoning, that hasn't been a giant construction project. And also, too, people can also call in. So if it sounds like two or three of our commissioners are going to call in via Zoom, if there's somebody that, you know, is in Wisconsin and wants to call in, I mean, we just had Ms. Tuff call in and give her opinion. So I mean, I think the electronics of the day allow for it. But if we're all going on record, I'll be here anytime a meeting is called, you know, whether it's inconvenient for me or not. And if, you know, the staff is getting bogged down then, you know, maybe like all five of our county manager candidates said, we need to assess the staff. And I'm not saying they aren't hard workers or whatnot, but this is a tough job, and that's why not everyone can do it, March 9, 2021 Page 125 whether you're somewhere buried on the staff or you're sitting up here representing, you know, the thousands of people that support us. So it's not supposed to be, you know, an easy job, and I think whether you call in or you sit here in person is one and the same. So I welcome anything. But I think we -- there's plenty we can do to move forward the business, and, you know, that's why I second the motion strongly. CHAIRMAN McDANIEL: We do have public comment. MR. MILLER: Yes, sir. One registered speaker. Rae Ann Burton. COMMISSIONER SAUNDERS: Mr. Chair, while she's coming to the microphone, the motion was not amended to reflect Commissioner Solis' suggestion. So at the end of thi s motion, if Commissioner Solis will make that motion, I'll second it. CHAIRMAN McDANIEL: Or I'll amend it, if you want me to. COMMISSIONER SAUNDERS: That's fine. It just hadn't been done yet. MS. BURTON: Commissioners, good day. My name is Rae Ann Burton, Rural Golden Gate Estates concerned homeowners, retired senior and Republican Precinct 159 Committee Woman speaking out for my neighbors who are unable to come due to work responsibilities. Item 10A, request to continue through summer break, pandemic given as reasons, states, difficulty to attain quorum. It's now hybrid, so quorum is attainable, which is stated commissioners that have prior commitments can attend remote. This is already done today. Summer break will adhere to the public needs as time to review the projects of dense communities and to proposed villages and combining of villages to form a town, Rivergrass, Longwater, Bellmar, which gives the developer the pulled Rural Lands West without town costs, infrastructure, and restrictions. March 9, 2021 Page 126 States in the best interest of Collier County residents. It is not. The voices of the residents and homeowners that are gone during the summer, their comments and tax concerns will not be heard. This is a ploy to push -- to rush projects through without a public quorum for comments. The reasons are not valid, as the backlog is created by rushing through projects without proper information given to the public. In fact, there should be a building moratorium because of the concerns of the residents. Growth should be smart, not built in or near sensitive wildlife habitat. Building corridors, swapping land will not help the animals that are used to certain areas -- territories. It states, no physical impact on county, but it will have a physical impact on the taxpayers as projects proposed will cause the taxpayers more due to developer's changes. These projects and costs need to have time and proper process for the public to review. The statement of growth impact as being none is also wrong. Growth of these dense communities combining villages to form towns where a town was planned but developed pulled because of high cost of infrastructure and restrictions, gives the developer their town creating the overage cost of a burden to the taxpayer. Do not vote to adjust current schedule to continue through summer. It is a disservice to the college [sic] county residents who will bear the burden of these costs not covered by these developers' projects in taxes. We, the people of Collier County, voted for the members of this board to protect the environment, the wildlife, and we, the taxpayers, bought the land to live on, not make a profit. Vote no. If not, the majority yes vote should be four, not three. This is too important for the residents to pass on three votes. CHAIRMAN McDANIEL: Was that our last -- MR. MILLER: That was our only registered comment on that March 9, 2021 Page 127 item, sir. CHAIRMAN McDANIEL: Okay. Commissioner LoCastro. COMMISSIONER LoCASTRO: Ma'am, I fully agree with you but I think also, too, that's why you have five commissioners up here that I would hope we would all be smart enough that when something came up to the agenda we would say this isn't something for the summer but when something came up to the agenda to pay -- in the agenda while people were on vacation to pay contracts, move projects forward, and, you know, road repair and things like that -- plenty of things that we vote on that aren't $500 million Rivergrass projects. So I would say the people who are on vacation, you know, should still chime in and see that we're not stupid and that naive to move forward those projects that need public forum. But there's plenty of business of this county every single day and, like I said, it's all in the consent and summary agenda and lots of other places, where, you know, there aren't a thousand people in here either for or against, and I think we need to be astute enough to pick that business. And if there's commissioners up here that don't agree with taking a break in the summer but this does get approved, then their voices should be very strong when something comes up for vote saying, this isn't in the best of the citizens, and I would hope to hear from them, and I would hope we would all agree. I don't think -- you know, I'm certainly not voting on no summer vacation to push anything through. I'm voting on it because I just think that when you have a $2 billion budget and a county this busy, we need a staff that can work from start to finish in the year like everybody else does. I don't think NCH closes for two months so everybody can catch up. But I agree with you 100 percent, and that's why -- I agree in principle to what Commissioner Saunders and Commissioner Solis March 9, 2021 Page 128 said is that I won't ever make a blanket statement "I'll never vote for something," but I would hope that we would all sit up here when a Rivergrass vote came up and we would say, okay, this isn't one for this agenda. And we would do it even before the meeting. We have a chance to look at the agenda and say, I want to make a motion to slide something to a future meeting. So I couldn't agree with you more, but I don't think voting against us, you know, continuing the business and moving things forward that are no-brainers to keep business and improvement moving is what we're talking about here, so... MS. BURTON: May I respond to that? COMMISSIONER LoCASTRO: If the Chairman says you could. I mean, I'd love to hear your response because I think we're paddling in the same direction, ma'am. CHAIRMAN McDANIEL: We're entering into a debate with public speaking, and that's not traditionally what we do. COMMISSIONER LoCASTRO: All right, sir. I'm done. That's my comment, but I thank you for yours, ma'am. CHAIRMAN McDANIEL: Do you want to -- COMMISSIONER SAUNDERS: I'll call the question. CHAIRMAN McDANIEL: Well, Commissioner Solis is -- COMMISSIONER SAUNDERS: I'm sorry. COMMISSIONER SOLIS: I've got just one more comment. You know, the idea that we have a process where there are applications made, and the process moves forward, and then we can start our -- we start arbitrarily deciding, you know, we're going to push this one, we're not going to push that one. In my opinion, this is the way the process just unravels, and I think it will present due process issues for landowners. It's going to create public -input issues for -- for the public when -- if there's not enough votes to push an item, it will be heard in the summer. You know, this is -- this is March 9, 2021 Page 129 the way processes unravel and become unmanageable. This is -- this is a big-picture issue. This is not, you know, whether or not we should work harder, because we're all working very hard at this job. This is a process issue, and we are on the brink of creating a process that has very few rules, and that's one thing that I think this county has been known for, and we've struggled for the last at least two decades that I'm aware of to make sure that we have a process that people can rely upon. And to do this this way, we're going to take a huge step back to the time where nobody wanted to build or do anything here because the process was unknowable. I mean, it was so out of -- out of -- you know, there was no way to estimate how long it would take you to get a permit to do anything, which I think we can all recognize at one point -- and maybe it was 30 years ago, at least when I came to town. So I just -- I just -- I really want to warn everybody that this is -- this is the way a process, in my opinion, goes wrong. CHAIRMAN McDANIEL: I'm -- you know, I want you to hear from me. There is no malice with this. There is no politics with this. This is what I've been asked to do. This is what I believe -- I think our government should be doing, and that's answering to the people. There is no malice behind the -- behind the suggestion of trying to do some nefarious vote on a zoning ordinance to push things through without public input. I have no intention of that. I just believe that -- just because we've done things the same way for 30 years doesn't mean we should continue to do so without trying to make an adjustment. I believe that we have a -- we have a community that's of 370,000 residents, and they deserve to be able to have a voice. That's the premise behind it. March 9, 2021 Page 130 So, again, the accusation of nefarious circumstances and activities are zero warrant, zero warrant, so... I don't mind, if you wish, to amend it to add in the December meeting, though I think that's a little push on the Christmas holiday, but I don't mind it. COMMISSIONER SAUNDERS: Could we do this as two separate votes, we have a motion and second? We could just move forward with the motion and then have him entertain his motion. CHAIRMAN McDANIEL: That would be fine. It's been moved and -- COMMISSIONER SOLIS: Go ahead. CHAIRMAN McDANIEL: Before we vote, let me ask you this: I mean, is there -- is there any form of compromise that would give warrant to continuing this item to our next meeting? I don't have to do this today. I actually wanted to do it two weeks ago, and it missed the loop. Is there any amount of discussion or compromise that would make you folks feel better about trying something different, or is it just no? Commissioner Saunders? COMMISSIONER SAUNDERS: I just want to call for the question, Mr. Chairman. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: We've been talking about this for an hour. CHAIRMAN McDANIEL: Yeah, we have. All right. It's been moved and seconded that we adjust the Board's schedule and work throughout the year adding the meeting in November as well as proposed -- COMMISSIONER TAYLOR: With all due respect, with all due respect, I don't mean to be ignored, but I am being ignored. CHAIRMAN McDANIEL: You weren't lit up, by the way. March 9, 2021 Page 131 Just so you know, I wasn't ignoring you on purpose. COMMISSIONER TAYLOR: I raised my hand. CHAIRMAN McDANIEL: Blame Troy. MR. MILLER: That was on me. COMMISSIONER TAYLOR: Just briefly because of time, the process that Commissioner Solis speaks of is critical, is a critical underpinning of our government. I cannot express that in stronger terms. The process by doing this and by five or two or one or a chairman deciding what is relevant in the summer and not relevant in the summer defiles that process. The presumption that the staff doesn't work during the summer is a presumption of someone who doesn't understand how government works, and government is not business, or it would be called business. Government is government. Thank you. CHAIRMAN McDANIEL: Thank you. Do you want to call the question again? COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: It's been moved and seconded that we amend the Board's schedule as per the proposed executive summary. All in favor? COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. Opposed? COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN McDANIEL: It fails 3-2. COMMISSIONER SAUNDERS: Now, Commissioner Solis, if you'll make a motion dealing with November and December, I'll support you on that, where we expand our meeting schedule. March 9, 2021 Page 132 COMMISSIONER SOLIS: To include -- well, we -- that motion just failed. CHAIRMAN McDANIEL: Correct. COMMISSIONER TAYLOR: So now we're going to expand it? COMMISSIONER SAUNDERS: You talked about having two meetings in November and two meetings in December. Now, December gets a little complicated because Christmas -- that Christmas week may be the fourth Tuesday, but we could have a meeting the first and second Tuesdays of December. And the second and fourth Tuesdays in November, and we'd have a full slate of meetings during those two months, so -- CHAIRMAN McDANIEL: Rather than making a motion, I mean -- you can if you wish; we can do anything we want. But, you know, maybe we can bring back another agenda item in two weeks and have a discussion about making some adjustments during the wintertime. Maybe an alternative is working every week for three months, January, February, and March, to add in the schedule to accommodate the residents that are here during the wintertime, if that's the move. COMMISSIONER SAUNDERS: Mr. Chairman, we've talked about this for an hour now. I think we all understand everything that -- all the issues that are associated with this. Commissioner Solis had made a reasonable suggestion. If he wants to continue with that, I'll support that. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: Whether it comes back or not, that's another story, but -- COMMISSIONER SOLIS: Yeah. I mean, I was -- I was going to -- I was going all in if we were going to go all in on this. I mean, I don't want to expand this any -- I mean, November we have March 9, 2021 Page 133 Thanksgiving. December we have Christmas. You know, I think we either have a schedule that we've had that's worked for I don't know how long -- you know, 100 years, or if we're going to work every single -- every other week for the, you know, 12 months, then I was in favor of doing that. But I think the process we have right now works as well as it can, and just because it ain't broke, don't fix it, you know. There's that one, too. CHAIRMAN McDANIEL: It is. So we'll let that go. Let's go on to your next item. You're correct. We worked on that one enough. Item #10B RESOLUTION 2021-58: APPOINTING THE INITIAL MEMBERSHIP OF THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE – MOTION TO EXPAND THE COMMITTEE FROM NINE (9) MEMBERS TO ELEVEN (11) AND APPOINTING HAROLD MILLER (DISTRICT 1); MICHAEL DALBY (DISTRICT 2); RONALD KEZESKE (DISTRICT 3); LARRY MAGEL (DISTRICT 4); JEFFREY CURL (DISTRICT 5) WITH GERALD GODSHAW, MICHAEL LYSTER, PETER HUFF, JAMES BENNETT, ED STAROS AND DENISE MURPHY AS AT LARGE MEMBERS – ADOPTED MR. OCHS: Item 10B is a recommendation to appoint the initial membership of the Collier -- excuse me, the County Government Productivity Committee. Commissioners, Mr. Klatzkow has placed on the visualizer the applicants that have been received to date for the nine vacancies on the Productivity Committee. Two of those are late arrivals, as you can see. Jeff. March 9, 2021 Page 134 MR. KLATZKOW: Yes. And the way this works is each of you get to nominate somebody for your district seat, and then we have four at-larges. CHAIRMAN McDANIEL: Commissioner -- Commissioner Saunders. COMMISSIONER SAUNDERS: I had spoken with Mr. Ed Staros, and I think we all know who Mr. Staros is. He was the general manager at the Ritz -Carlton but has been in the Marriott and Ritz-Carlton hotel chain for many, many years, has gotten international accolades for the work that he's done. He's retired and has asked if he could be on this committee, and I had said that I would support him. He understood that to be that he would be on the committee because I would be supporting him. He didn't understand that there had to be an application. I spoke to him this morning and said, Ed, do you still want to be on this? And he said, absolutely, what did I do wrong? And I said, well, you didn't apply. He -- subsequently, I've gotten his resumé. But I would want him to be on this committee. I think he would be a tremendous asset. So somehow or another I want to make sure that we're able to either delay this or leave a position open for him to apply, or perhaps we can just appoint him. I'm not sure -- MR. KLATZKOW: You can do anything you want. It's your committee. COMMISSIONER SAUNDERS: Well, that's the only -- you know, there are two people that I would like to see on this: Larry Magel and Ed Staros. Both of them will bring a tremendous amount of expertise to this committee. MR. KLATZKOW: But if I may, it is a bifurcation on the committee between district seats, and you may want to handle that first. That will get rid of five, and then you'll have four at-large that March 9, 2021 Page 135 you can -- COMMISSIONER SAUNDERS: Oh, okay. CHAIRMAN McDANIEL: Let's go through each commissioner -- unless, Commissioner Taylor, you have a comment to make. I was going to go through and each one of us nominate a person. That takes care of those five. And then we can arm wrestle over at-large members. COMMISSIONER SOLIS: Can I ask a quick question on Mr. Staros? Just because it makes a difference on -- is -- I thought he was in District 2. COMMISSIONER SAUNDERS: I believe he is, and Larry Magel, from this chart, is in District 4. So neither one of them are in my district. But I would really urge that we appoint those two because I think they'll be a tremendous asset to us. CHAIRMAN McDANIEL: Well, let's go through by district and appoint the commissioners of the district, and we'll start with District No. 1, Commissioner LoCastro. COMMISSIONER LoCASTRO: Well, unless I'm mistaken, we just have the one applicant, Harold Miller. CHAIRMAN McDANIEL: Yes. Are you okay with him? COMMISSIONER LoCASTRO: I am. CHAIRMAN McDANIEL: Okay. And then we're going to do these in aggregate. I think, probably -- let's do -- let's do the individual commissioner appointees first and then -- and then do the at-large ones, if that's okay. Commissioner Solis. COMMISSIONER SOLIS: I would like this -- you know, I wasn't aware that Mr. Staros wanted to be on this committee. I've got one, two, three, four, five applicants from District 2 already, now six. CHAIRMAN McDANIEL: Right. March 9, 2021 Page 136 COMMISSIONER SOLIS: Plus we've got two applications that came in also late, right? One -- two for District 5? CHAIRMAN McDANIEL: One for District 5, one for District 4. COMMISSIONER SOLIS: One for District 5 and one for District 4. I mean, do we have to do this today? Because I would -- wow, if I'd have known that, I think I would have made some calls and figure out who really wants to be on the committee and why. You know, we've got -- from District 2, I mean, just to go through the list, we've got Michael Dalby from the Chamber, a great asset to have on the committee; Jerry Godshaw, also from District 2, phenomenal person to have on a Productivity Committee with his background; and Mike Lyster; and now Ed Staros. I would like to roll this over to the next -- to the next meeting if it's not going to present an issue. CHAIRMAN McDANIEL: When is the first -- the next scheduled productivity -- because we're already into March, and we've been -- we've been moving through appointing, expanding the bounds of the committee, and membership of the committee. That's been going on since last year. When is the -- MR. KLATZKOW: You dissolved -- I believe you dissolved the existing committee, so this is a new committee. So there's nothing scheduled. CHAIRMAN McDANIEL: Nothing scheduled. MR. KLATZKOW: You create the committee, then they'll meet. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: It's just -- it's quite a list. CHAIRMAN McDANIEL: Right. And, you know, there again, I mean -- COMMISSIONER SOLIS: Wow. March 9, 2021 Page 137 CHAIRMAN McDANIEL: So you don't want to appoint anybody, I mean, particularly, or you would rather we just continue this for two weeks and then come back? COMMISSIONER SOLIS: I would rather do that. This has got me unawares of Ed Staros' interest. Who -- you know, and I can't tell you off the top of my head who the District 2 person was. CHAIRMAN McDANIEL: Michael Dalby and Mike Lyster. COMMISSIONER SOLIS: Right. But one was the district appointee and one was an at-large, right? CHAIRMAN McDANIEL: That's really irrelevant. That committee's no longer, so... COMMISSIONER SOLIS: Well, right, but it makes a difference to me because that was the way it was before, and -- yeah, I'd -- CHAIRMAN McDANIEL: Well, certainly, Mr. Staros' addition at the nth hour is new news for all of us, and I don't really have a particular need to have to -- have to have this done today. I think we could -- certainly, we can continue it if you're in the mood. Commissioner Taylor. COMMISSIONER TAYLOR: Well, just to add to the mix of District 2 candidates, Peter Huff actually was on an advisory committee to the mayor of the town that they lived with, and they dealt with everything from water/sewer costs and pipe laying to emergency management to everything that a government runs into. He's intimately aware of government and how it works. So I'll just add that to your list, Commissioner Solis, for your consideration. He has a brilliant and decisive -- he has a brilliant and decisive mind in these areas, so good luck. MR. KLATZKOW: You could always expand the committee if you want to. CHAIRMAN McDANIEL: Yeah. I was going to say, why March 9, 2021 Page 138 don't we take the membership to 11 -- and that's a potential as well and that, then, eliminates the discourse. Denise Murphy and Jeff Curl, even though they're -- I was going to nominate Jeff Curl for District 5, and Denise is certainly more than -- certainly more than -- everybody on this list is -- there, again, look at the list of qualifications here. COMMISSIONER TAYLOR: But I think we could maybe -- maybe we could go through with this, at least appoint from our districts, because I like Commissioner Saunders' recommendation of Mr. Magel. He's been there. He knows what he's doing. He's an asset. CHAIRMAN McDANIEL: Absolutely. I concur with you on that one as well. COMMISSIONER SOLIS: If the Board will agree to -- and I think that's a great idea -- just expand it to 11, I would appoint Michael Dalby, who was originally the District 2, you know, appointee, and we accept the rest of them or whoever, you know, each one of the other commissioners appoints, and we have a great committee. COMMISSIONER SAUNDERS: The committee's going to be breaking up into subcommittees and having 11 on there would be fine. COMMISSIONER SOLIS: Oh. CHAIRMAN McDANIEL: And you're okay with Kezeske for District 3 as your appointee? COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: And then, Commissioner Taylor, you want Larry as your District 4? COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: And then Jeff Curl will be my District 5, and the balance of the members, including Ed Staros, will March 9, 2021 Page 139 be at-large. COMMISSIONER SOLIS: Perfect. MR. KLATZKOW: And I'll come back with an ordinance amendment to expand the at-large, and you can -- COMMISSIONER TAYLOR: Congratulations. That's wonderful. MR. KLATZKOW: -- start the Productivity Committee any time you want. CHAIRMAN McDANIEL: Okay. Schedule a meeting, County Manager. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Please. As soon as possible. MR. MILLER: Mr. Chair, not to snatch defeat from the jaws of victory... CHAIRMAN McDANIEL: Oh, there is public comment. MR. MILLER: Yes, sir. Rae Ann Burton. CHAIRMAN McDANIEL: She sat here all day. MS. BURTON: I've been here all day. Well, I won't give my name; you already know it. Item 10B. I came here to talk because there was no District 5 representative. I've very glad to see that there is because Golden Gate Estates is one of the largest districts, and we keep losing our representatives, and we need them. And I want to thank you that we do have one. Though, I still disagree with the first one. CHAIRMAN McDANIEL: Forgive me for laughing. MR. MILLER: Mr. Chairman, I do have one other registered speaker. I'm told he left, but I don't know. Peter Huff. Peter Huff. I was told he had to leave at the lunch hour, but I wanted to call his name. And that's the final speaker, Mr. Chair. CHAIRMAN McDANIEL: Okay. It's been moved and March 9, 2021 Page 140 seconded, I think, somebody -- did anybody move to do that, or did we just do that? COMMISSIONER SAUNDERS: I'll make that motion, whatever the motion's supposed to be at this point. CHAIRMAN McDANIEL: It was moved and seconded that we expand the committee from nine to 11 and appoint the five from each commission and the balance at-large. COMMISSIONER SOLIS: Great outcome. CHAIRMAN McDANIEL: Second? COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that that's what we do. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. So we're going to take a break until 2:55. (A brief recess was had from 2:41 p.m. to 2:55 p.m.) Item #11A AWARD OF INVITATION TO BID NO. 21-7848, “GOLDEN GATE WASTEWATER TREATMENT PLANT HIGH LEVEL DISINFECTION IMPROVEMENTS,” TO FLORIDA DESIGN CONTRACTORS, INC., IN THE AMOUNT OF $2,671,000, March 9, 2021 Page 141 AUTHORIZE THE CHAIR TO SIGN THE CONSTRUCTION SERVICES AGREEMENT AND APPROVE THE NECESSARY BUDGET AMENDMENT – APPROVED MR. OCHS: Mr. Chairman, we're on Item 11A. Would you like to proceed, sir? CHAIRMAN McDANIEL: Yes, that sounds like a fine way for us to go. MR. OCHS: This item is a recommendation to award a contract to Golden Gate wastewater treatment plant -- excuse me -- for the Golden Gate wastewater treatment plant high-level disinfection improvements to the Florida Design Contractors, Incorporated, in the amount of $2,671,000, authorize the Chairman to sign the attached construction agreement, and approve necessary budget amendments. Mr. Chmelik can make the presentation or respond to questions from the Board. I believe this is the lowest responsive bidder for this project, Tom? MR. CHMELIK: Yes, it is. CHAIRMAN McDANIEL: Do you want a presentation? COMMISSIONER SOLIS: I'll make a motion to approve. MR. OCHS: Do we have speakers, Mr. Miller? COMMISSIONER SOLIS: Oh, do we have speakers? MR. MILLER: Yes, I do have one registered speaker, sir. COMMISSIONER SAUNDERS: I'll second the motion, while the speaker's coming up. CHAIRMAN McDANIEL: Okay. It's been moved and seconded. We'll go to our public speakers. MR. MILLER: Candido Santiago Mato. I hope I'm pronouncing the last name correctly. Candido Santiago Mato? March 9, 2021 Page 142 (No response.) MR. MILLER: I received this first thing this morning, so -- I don't believe there's anyone left on the fifth floor. Candido Santiago Mato? (No response.) MR. MILLER: Mr. Chair, I don't believe they're present. CHAIRMAN McDANIEL: All right. If there's no other discussion, then we'll go -- there's been a motion and a second for approval. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: Thank you, Commissioners. Item #11B AN AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE 1,046.19 +/- ACRES LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF OIL WELL ROAD (SR 858) AND CAMP KEAIS ROAD OWNED BY BARRON COLLIER PARTNERSHIP, LLLP AND AUTHORIZE NECESSARY BUDGET AMENDMENTS. THE TOTAL COST FOR THIS TRANSACTION IS $13,634,670 – APPROVED W/STIPULATIONS MR. OCHS: We move to Item 11B. This is a March 9, 2021 Page 143 recommendation to approve an agreement for sale and purchase to acquire 1,046 plus-or-minus acres located on the southeast corner of the intersection of Oil Well Road and Camp Keais Road owned by Barron Collier Partnership, LLP, authorize the necessary budget amendments. The total cost for this transaction is $13,634,670. Mr. Roosevelt Leonard from your Real Property Management Division will make the presentation. Mr. Leonard. MR. LEONARD: I thank you, County Manager, and good afternoon, Commissioners. Roosevelt Leonard, senior real estate appraiser. I have a short Power presentation. And this is a location map. It shows you where the subject property is. It's located east of the Camp Keais Road, and it's approximately 11-and-a-half miles east of the Orangetree PUD. This right here is a surrounding communities map. It shows you where the subject property is located in red. Some of the nearby communities, Ave Maria, the proposed Rivergrass communities, Hyde Park and, again, the Orangetree location. This is an aerial map of the subject property. There's a road that you will see. It is the road called Rock Springs. The Rock Springs road will be relocated to the east boundary property line. This is a conceptual map. Again, it's conceptual, but it will show a few of the proposed facilities such as government, workforce housing, the debris management, which is a very critical component, and areas for future redevelopment. Right now the property is zoned agricultural with a mobile home overlay, and it's located in the Rural Lands Stewardship Area. The recommendations: To approve the -- recommendations: To approve the attached agreement for the sale and purchase, authorize the Chairman to execute the agreement with any additional closing documents, and accept the special warranty deed, once March 9, 2021 Page 144 approved by the County Attorney's Office; authorize staff to prepare the related vouchers, backup warrants for payment; authorize the necessary budget amendment for the amount of money, $13,634,670; and, finally, direct the County Manager and his designee to proceed to acquire the property and follow all appropriate closing procedures to acquire, obtain, and clear title to the property, and to record any and all necessary documents once approved by the County Attorney's Office. We have Davidson Engineering here to answer any additional questions that you might have. CHAIRMAN McDANIEL: Thank you very much. Is there any questions for Mr. Roosevelt? Commissioner Saunders. COMMISSIONER SAUNDERS: Actually, I have a -- I do have a question for you before I go to the County Attorney. In this 1,000 acres, how much of this would be considered uplands and how much of it is wetlands that would not be developable? Do you have kind of those numbers? MR. LEONARD: I do have 107 acres in the stewardship area, and if Davidson Engineering here would come up and -- CHAIRMAN McDANIEL: Do we -- County Manager, do you have those maps we were looking at yesterday that showed -- that delineates the different parcel's size, environmentally sensitive, and so forth? COMMISSIONER SAUNDERS: And just approximately. CHAIRMAN McDANIEL: Close to 400 acres that were set aside. MR. OCHS: Is this the one you're referring to, sir? CHAIRMAN McDANIEL: Yes, sir. MR. OCHS: So those areas -- COMMISSIONER SAUNDERS: So the green areas are the preserves? March 9, 2021 Page 145 MR. LEONARD: That's correct. COMMISSIONER SAUNDERS: And what would be the approximate acreage of those preserves? Just the approximate. I'm not looking for any -- is it 40 percent of the property? MR. LEONARD: Yeah, the preserves would probably be about 40 percent. COMMISSIONER SAUNDERS: All right. The reason I ask that -- and this is a question -- I have a question for the County Attorney. Part of this is an understanding that at some point the Collier Fair would purchase property there, I think 100 acres, if I'm not mistaken. And so two questions: One is, are we able to sell land to any entity, any private entity like Collier Fair without doing a competitive process under Florida law, No. 1? And then, No. 2, the letter from the Collier Fair folks indicates, and I'll quote, it is our understanding that we would purchase the property at the county cost per acre from the county subject to the terms and conditions and not subject to lease. So if we're paying X dollars per acre but about 40 percent of that is preserve, which is not -- it can't be developed, the upland portion is actually more valuable than the portion that can't be developed. So I'm a little -- a little concerned that we would sell the land at the price per acre for the whole thousand-acre tract when the upland might be more valuable. So those questions. Can we even do that without competitive -- MR. KLATZKOW: The county is currently encumbered with, at best, a god-awful lease with the fairgrounds where it currently is. I mean, I'm sure at the time it was made it was in an area nobody thought would ever get developed, and it is just a terrible, terrible lease for the county. That area around the fairgrounds has now developed with March 9, 2021 Page 146 residential property. There is significant friction between the neighbors and the fairgrounds. So that as part of a negotiation with the fairgrounds, we would be extinguishing that lease with them in partial consideration for the purchase of this. So normally I would concur with your concerns as to having put it out for bid. I would concur with your concerns about the price per acre. But I think when you leverage that against trying to put an end to the issue we currently have with the fairgrounds, I think we can do whatever the Board deems best. COMMISSIONER SAUNDERS: All right. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor -- are you good with that? COMMISSIONER SAUNDERS: Yes. COMMISSIONER TAYLOR: Yeah, no comments. I think -- and I think -- sir, I think it is 200 acres that they're considering purchasing, as I remember reading, but I may be incorrect. CHAIRMAN McDANIEL: No, it was 1-. The original intent, Commissioner Taylor, was, ultimately -- and we're still talking with the folks at the Swamp Buggy. We have an MOU from the fairgrounds that they each end up owning 100 acres or so contiguous, shared parking, cross-access agreements, retention, detention, and the like. So that was part of the discussions that were going on. The fair board was able to move forward with the MOU that describes that, and they further stipulated in their letter that, you know, they would -- they want -- they just want to make sure and make it very clear they're not leaving the lease circumstances that they currently have without an ownership position. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Yes, ma'am. Okay. Any other comments, questions? March 9, 2021 Page 147 (No response.) MR. OCHS: I think we do have some speakers on this. CHAIRMAN McDANIEL: Yes, we do. Public comment. Let's go. MR. MILLER: Yes, sir. I have four registered speakers. Your first speaker is Rae Ann Burton. She will be followed by Meredith Budd and then Michael R. Ramsey. MS. BURTON: Good afternoon, Commissioners. A long day. Name's Rae Ann Burton, et cetera, et cetera, et cetera. Item 11, County Manager's Item 11B, approve sale and purchase to acquire 1,046.19 acres. My question is: Why is this being purchased? Is it ethical for the county to create an agreement with Collier County Agricultural Fair and Exposition, a nonprofit, to buy their land, acquire property owned by Barron Collier Partnership, LLLP, for replacement that is sold at county cost per acre then to charge the county, the taxpayers, the upfront planning/zoning acquisition costs, permitting costs, and even the relo cation costs of the existing fair property to the new site and new infrastructure? Is it ethical that the MOU, memorandum of understanding, be done January 18, 2021, two months before brought before the County Commission board? This agenda should be withdrawn and more discussion with the community about what's going to happen to the existing fairgrounds in a future development on the 1,046 acres as well. I have trouble understanding how one can buy and sell property that's not been approved. Where are the public concerns and comments? To me, that's putting the cart before the horse. I do not approve this before the taxpayers, the residents of Collier County, have a chance to review proper review of this. We buy our land to live on, not to make a profit. Thank you. March 9, 2021 Page 148 MR. MILLER: Your next speaker is Meredith Budd. She'll be followed by Michael R. Ramsey, and then Matthew Schwartz online. MS. BUDD: Good afternoon, Commissioners. Thank you for the opportunity to speak. My name is Meredith Budd, and I'm here on behalf of the Florida Wildlife Federation. As you know, this parcel is located in the Rural Lands Stewardship Area, but while this will be public benefit uses, it will not be developed presumably as an SRA. For SRAs, Stewardship Receiving Areas, Policy 4.20 of the transmitted policy amendments to the program notes that the acreage of public benefit uses, they don't consume credits, but they shall count towards the maximum acreage of the 45,000 acres in the RLSA for the cap of development, but that cap only speaks to SRA development, those Stewardship Receiving Areas. So the county is not creating an SRA, presumably, but rather would be developing some of these public uses under the baseline zoning. Since the RLSA amendments have been transmitted to include this 45,000-acre cap, it's clear that there's an intent to limit that sort of sprawling development outside of these -- in the area and in those SRA developments. And so understanding this intent and, in all fairness, our request that the county public-benefit uses in the RLSA, like in this project here, be subject to the 45,000-acre cap. This will be consistent and in line with the spirit of the RLSA, and I would just like the opportunity to work with staff and have that be an option moving forward to understand that public-benefit uses, even if they're not within an SRA, such like this project, would go towards that development cap. So thank you very much. Appreciate it. March 9, 2021 Page 149 MR. MILLER: Your next speaker is Michael R. Ramsey, and he will be followed online by Matthew Schwartz. MR. RAMSEY: Commissioners, my name is Michael R. Ramsey, and I'm the president of the Golden Gate Estates Area Civic Association. I'm here today because my group of people were very surprised to see this on the agenda, Item 11B. The acquisition of property to move the fairground caused quite a bit of stir in people trying to figure out what would happen to the existing fairground location and the activities there. They feel like more time should have been sp ent discussing this with the community. Number 2, there is a great concern. On site there is what we consider to be, by the county LDC, an illegal and unpermitted operation that is dumping vegetative material on the property from off-site operations and selling off site. According to the LDC, what they're doing currently is unpermitted and illegal, and they are still unpermitted and illegal at this point. In prior conversations with staff, I know that grandfathering is not allowed for an illegal or unpermitted operation. In a DEP document search on these properties concerning this operation, there has been indications of petroleum spills and other issues out there, and there's also documentation and dialogue that indicates there were some discussions about undertaking some other operations which, in my opinion and other opinions of people that do Phase 1 and Phase 2 environmental studies, this would deserve more study as a Phase 2 environmental. The reason that's important, if we're going to move the Collier County Fairground out there and maybe even the swamp buggy operation, I would think the county would want to make sure, absolutely sure there's no contamination in the soil or in the water March 9, 2021 Page 150 before letting residents of the county and their children standing on this property. The other thing about that is, having some experience with agricultural property in Collier County, if it's been here since the '40s and '50s, you never know what you start to find when you start digging in agricultural properties prior to the '80s where all the regulations came in for solid waste. One of the issues I've always been involved in when we do acquire property in some of my other arrangements, we remove all leases and all land-use activities from the property prior to its acquisition and have it proven to be clean so that we could have a clear and free land for management with no encumbrances. Last of all, I'll like to in quire as to, hasn't other areas been evaluated for this? We could have found a better deal. We could have found less wetlands. And also in that process of looking for other properties, you could have included the community that would be most impacted. We request this be delayed and not accepted today because the Estates residents community, they feel like they've been left out and they need to have a discussion about this more. MR. MILLER: Mr. Chairman, your final registered speaker is online. It's Matthew Schwartz. Mr. Schwartz, you should be prompted at this time to unmute your microphone. If you'll do that for us, please, sir. You have three minutes, Mr. Schwartz. MR. SCHWARTZ: I have unmuted. Can you hear me? MR. MILLER: Yes, sir. MR. SCHWARTZ: Okay, great. Thanks. And I guess the first thing -- I just found out about this late last night, so I didn't really have a long time to put together some more comprehensive comments. March 9, 2021 Page 151 But I did pull up some documents on the site. I'm well aware of this section of Oil Well Road. And I'd like to bring out that this property, where you were talking about Longwater and Bellmar earlier, you had the refuge director, Kevin Godsea, here talking about burning. But I would invite you to take a bigger picture of this land, a kind of regional look at it as part of 100 -- 100 square miles. And if you look at the 100 square miles I'm looking at -- I can't show you a map, but I can explain that if you look at Oil Well Road as a top of that block, State Road 29 as the east side of the block, DeSoto Boulevard as the west side of the block, and I-75 as the south side, you've basically got a square of 10 miles by 10 miles. It's a hundred square miles, over 65 acres. It's roadless. There's nothing in there. And I have to say, I mean, Kevin Godsea's a friend, but I was extremely disappointed at his request for pause on development within this block. And, of course, Longwater and Bellmar are on the east side of the panther refuge. This is going to the top of the refuge about a -- it's just a few miles away, a stroll for a Florida panther. And I have to say, this area is covered with panther telemetry. It's not only in the RLSA and the HCP but also Primary Panther Habitat. And I'd like to say, why -- how is Primary Habitat Panther established? It wasn't just the land cover types. It wasn't just looking and saying, oh, this area is forested; panthers can use it. It was actually the telemetry records. The panther team looked at 45,000 -- had 45,000 records. They drew lines around it, and it included the agricultural lands, the natural lands, public lands, private lands, and they determined this to be in the Primary Zone. You're going to go ahead and buy this today, I'm sure of it, but I would strongly suggest -- I'm not sure how that process is going to unfold -- the Habitat Conservation Plan still has to determine whether development could go on in this area, how much development, what kind of development. If they allow the 45,000 acres, I can guarantee March 9, 2021 Page 152 you there's going to be litigation. Are you going to become a litigant? Are you going to intervene on the side of the Eastern Collier Property Owners to make sure that plans you have for this property could go forward? So this is a very problematic piece of land in that it's basically intact Primary Panther Habitat. Is the fairgrounds compatible? Is off-road buggy races -- I'm not sure what you're doing -- the dump, is that all compatible with what this area is? And I don't think there's a single block of undeveloped land, private land in your county, in Eastern Collier County, which is probably more important than these 65,000 acres that I'm talking about. This is 1,000 of it or, I forgot, 1,300 of it. I forget the exact number. But this is part of a contiguous block of Primary Panther Habitat. So when you go forward and purchase this property and start making all these deals with the fairgrounds and other players, that you consider that this is contrary to panther science. There's no science that would back up development like this or, basically, any development in land that's this important. This land is contiguous with the -- with the panther refuge, loaded with telemetry, panthers are killed in the area roads. Black bears are killed. CHAIRMAN McDANIEL: Matthew? MR. SCHWARTZ: I'll wrap up here, but -- CHAIRMAN McDANIEL: Matthew, Matthew, Matthew, Matthew. Take a breath. Your three minutes are up, my friend. MR. SCHWARTZ: Okay. Got it. Okay. Well, just consider the comments that I gave you. Thank you. CHAIRMAN McDANIEL: Yes, we did. Yes, we will. Thank you. I like him. I like him, but he just doesn't breathe. Somebody's got to tell him to take a breath. I've got a -- I have a couple questions, Roosevelt, you or County March 9, 2021 Page 153 Manager. I mean, there was some representations, you know, of -- that were made. Are we deviating from our normal purchase requisites on this acquisition? Do we still go through the Phase 1, Phase 2, environmentals and so ons and so forth before we actually buy a piece of property, I would assume. MR. LEONARD: Yes, sir, that's correct. CHAIRMAN McDANIEL: And that's all part of the purchase agreement, yes? MR. LEONARD: Yes, sir, that's correct. We had a Phase 1 performed by Davidson Engineering, and -- CHAIRMAN McDANIEL: And then, you know, I -- I was intrigued by Meredith's comment with regard to the 45,000-acre cap and the spirit of the RLSA and so forth. Is that going -- is that going to prohibit our potentiality utilizing this property? Because I know we've got a horticultural debris facility in there that's there, maybe a proposed housing unit or, you know, a housing affordability, essential services, and such, and I know we've also talked about some government facilities as well, maybe Road and Bridges, or depending on where we end up spreading out to. MR. OCHS: Yes, sir. Yes. CHAIRMAN McDANIEL: And, Ms. Anita, maybe you could answer that. MS. JENKINS: Sure. Anita Jenkins, your Zoning Director, for the record. The uses that you have proposed, for the most part, would be conditional uses under the baseline standards of the Rural Lands Stewardship Area. So you wouldn't be doing an SRA or consuming credits. The affordable housing, though, in your Rural Lands Stewardship Program, density cannot be increased above one unit per five acre without doing a Stewardship Receiving Area. So you would have to do a Comprehensive Plan amendment to March 9, 2021 Page 154 achieve density to accommodate affordable housing. If that is the will of the Board, we are bringing the Rural Lands Stewardship Area back in May for adoption, and at that time we could add to the policy to allow affordable housing under the baseline standards at a density that would be acceptable. CHAIRMAN McDANIEL: I wouldn't want to do that then. I mean, that is an adoption hearing for what we've already necessaril y approved and had comments on. And I think -- based upon my known conversations -- by the way, there is no secret with this. These conversations have been going on with the community and myself for years and the County Manager. We approved the debt instrument to acquire this piece of property last year or the year before? MR. OCHS: Last year, sir. CHAIRMAN McDANIEL: Last year. So I would prefer -- and because of the timing -- that if we're going to do a Comp Plan amendment, if that's a requisite for us, if the community -- if we can meet with the spirit of the RLSA and that 45,000-acre cap, we'll address the Comp Plan amendment at that particular point in time. MR. OCHS: Yeah, I'd agree. CHAIRMAN McDANIEL: So I would -- I would also like -- well -- and I don't know. You keep getting ready for the button. I'm going to make a motion. COMMISSIONER SAUNDERS: I wanted to ask him one more question, if I might. CHAIRMAN McDANIEL: Okay. Sure. COMMISSIONER SAUNDERS: For staff. The current lease with the fairgrounds -- and I'd like to get a copy of that, if I could. Do you have any idea how many acres the fairgrounds occupy currently? MR. LEONARD: Right now I believe it's 60. March 9, 2021 Page 155 COMMISSIONER SAUNDERS: Sixty. CHAIRMAN McDANIEL: Forty-eight. COMMISSIONER SAUNDERS: Forty-eight, all right. MR. LEONARD: It's about in that neighborhood. COMMISSIONER SAUNDERS: And today, I certainly support going forward with the purchase. I'm not sure about -- the memorandum of understanding, I'm not sure if that's going to be part of your motion to approve that. It's so barebones, I'm not sure if it even means anything. CHAIRMAN McDANIEL: I'm not ready to add that in. The one thing I do want to suggest -- I would like to make a motion that we move forward with the acquisition per the terms and conditions and as everything that's been laid out, but I would also like to give direction to staff -- because I don't -- you know, I don't want to put us in a position like we have done before in some acquisitions. There are lessees that are here that have businesses and employees. There is a legal horticultural business that's been there for quite some time and doing great business along with farming business. I'm friends with several of the farmers that are currently there. So I would like -- I would suggest that we go ahead and negotiate extended leases, because all of your government leases have, I believe, a 60-day with proper notice -- MR. OCHS: Termination for convenience. CHAIRMAN McDANIEL: Correct. Some kind of -- some kind of an extended lease, so that continue to maintain some kind of a revenue stream from the going businesses and they've got some certainty of business practice along the way as we're going through the public process and ascertaining size, shape, and color of what we're ultimately going to do with this piece of property. So I'd like to make that a motion, if that came out halfway decent. COMMISSIONER SAUNDERS: I'll second that. March 9, 2021 Page 156 CHAIRMAN McDANIEL: Okay. And, Commissioner LoCastro, you were -- COMMISSIONER LoCASTRO: Yeah, I'm lit up here. I have a question. The gentleman from the civic association, you know, he brought up some valid points that -- you know, making sure that the land is not -- I don't want to say mis-utilized but, you know, there's good things to put on that property and things that maybe aren't so great. I guess this question is for Ms. Jenkins, and also to get it in the record, regardless of what your answer is. Do we have the right safeguards in place that the land can't just be arbitrarily used? And, I mean, I'm really, you know, taking some poetic license here and sort of summarizing what the gentleman who leads the civic association is concerned about, which I share those concerns, unless we have the right type of oversight, safeguards, you know, stewardship, et cetera, et cetera, in place to that, you know, the wrong things aren't put there. MS. JENKINS: Right. The uses that you would bring back would be a conditional use, so it would go through the public hearing process. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: And I just -- COMMISSIONER LoCASTRO: With plenty of citizen comment and all the things that go along with it? MS. JENKINS: Whole opportunity. COMMISSIONER LoCASTRO: Yes, ma'am. Okay. Thank you. CHAIRMAN McDANIEL: I'm not going to make a -- I'm not going to make a -- there's a motion and a second. Is there any other -- Commissioner Taylor, you're not lit up. COMMISSIONER TAYLOR: I should be. My hand is raised. No? March 9, 2021 Page 157 Okay. Just a quick question. Remembering Hurricane Irma and the valuable asset of having the fairgrounds, at least the paved areas in the fairgrounds valuable for staging for Florida Power and Light, as we move towards further east and basically not having it, perhaps, as accessible, that kind of convenience in terms of time and accessibility that we have at the current fairgrounds, what is the intention of the county to do with this land where the fairground sits right now? What is the intention? CHAIRMAN McDANIEL: Do you want to answer that, or do you want me to? I mean, we've had long discussions -- a potential use -- there is no final discussion, for the record. We've had long discussions on the original 47 acres on the corner of Randall and 4th and Immokalee Road there, that intersection. There was a potential of a bus barn, CAT bus barn, road and bridges government facility, then there was discussion about jumping up and buying land from the Immokalee Rural Villages, and that -- that's still a potential as well. I don't really look for this to ever come out of the government fold, Commissioner Taylor, the land where the fairgrounds is currently located, and certainly several years down the road from now, before they are in a position to ultimately relocate. And then I also want to add, too, you know, that we didn't have that recycling facility that's contiguous to the east of the fairgrounds; our park, Big Corkscrew Swamp Regional Park is there now as well, and we've got the northeast regional plant that's coming on the east side of that. So we've got other government facilities that are in close proximity that potentially could be used as additional staging areas, and one of the -- one of the requisites of this acquisition is horticultural debris and, with the extension of the farming leases, if we needed one of those farm fields to stage debris from another March 9, 2021 Page 158 hurricane that comes our direction, we would have that capacity to do so. COMMISSIONER TAYLOR: At the time of -- well, soon after the purchase. Where I'm getting to this is that right now it's functioning. It worked. It worked remarkably well. It wasn't the easiest thing for the neighbors to deal with, the horticultural piles, but it was necessary. I would remind my colleagues -- I think Commissioner Saunders probably would remember this. With Charley, when Hurricane Charley came through, Arcadia was very late in getting any kind of aid because there was no staging area. There was no staging area for the trucks. They had to travel a great distance to get in there, the electric trucks, FP&L. So I would just, again, emphasize the importance of the area as it exists today and ask that as we move further, I assume this would be eastward to the site that I think we're going to purchase today, that it's up and ready and ready to function before we vacate what is there and the ability to use it. And, again, just as a -- just as a reminder of the importance of getting neighbors signed into what is around them. I believe the fairgrounds was there before the residents were there and, unfortunately, the fairgrounds have received -- and the entertainment there have received a great deal of complaints from neighbors who believe that, you know, where they bought was peaceful and quiet and found out that there was a fairgrounds next door after they purchased. So, once again, the importance of having things written in purchasing covenants and making it clear right from the beginning what is around you before you buy is critical as we develop the eastern lands. March 9, 2021 Page 159 Thank you. CHAIRMAN McDANIEL: You know, I thank you for bringing that up. You know, it reminds me of an epiphany that came upon me early in our career as -- my career as county commissioner. As you all know, I used to -- I still am a real estate broker and have sold hundreds of houses on golf courses. Who would have ever thought that that golf course behind the house was going to be a condominium project? Golden Gate is a perfect example. We bought that piece of property protecting those residents that are over there who had a 99-year exclusionary right, deed restriction, to not do anything but a golf course and got it through the court system, got it withdrawn. So you bring up a really good point, Commissioner Taylor, that -- and I will work with the Naples Area Board of Realtors to get additional disclosures put into the process. I mean, it's certainly always been caveat emptor, however you say that, but buyer beware, let the buyer beware. But it certainly won't hurt to add those additional disclosures in so that people are better informed as to what they're doing. So any other discussion? Questions? (No response.) CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we move forward with those stipulations on the leases as well and the uses with regard to the conformity to the cap; is that what you understand? COMMISSIONER SAUNDERS: On the motion, when you stay "stipulations on the leases"... CHAIRMAN McDANIEL: Well, the extension of the lease -- or the renegotiation of the leases with the existing tenants. COMMISSIONER SAUNDERS: Oh, okay. CHAIRMAN McDANIEL: That was -- that was part of my March 9, 2021 Page 160 motion. I just don't want to put us in a position where we are thinking about what we're doing with it and we don't have a revenue stream coming along with it. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: Okay. It's been moved and seconded. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed? Did Commissioner Taylor vote for it? COMMISSIONER TAYLOR: I did, I did, but I was quiet. CHAIRMAN McDANIEL: Okay. It passes 5-0. COMMISSIONER TAYLOR: Pardon me. CHAIRMAN McDANIEL: No. It's okay. Thank you. MR. OCHS: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS That moves us to, I believe, Item 15, staff and commission general communications. Again, just a reminder of your CRA/BCC workshop on April 6th in this room at 9:00 a.m., and I believe that's all that I have today, Mr. Chairman. CHAIRMAN McDANIEL: Outstanding. Let's go to Commissioner Taylor first since you're with us remotely. COMMISSIONER TAYLOR: Compliments on the way, sir, March 9, 2021 Page 161 that you ran the meeting, and compliments to my colleagues for discussions that weren't always the easiest, but we got through it. And have a good afternoon and thank you for your indulgence. CHAIRMAN McDANIEL: And from us -- well, from me to you, and I'm sure I can -- this is where I'll step over again and speak for my colleagues. We wish you and your family well and hope that you traverse this path you're on right now without any harm. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Okay. Commissioner Solis. COMMISSIONER SOLIS: Nothing from me. CHAIRMAN McDANIEL: I'll be darned. Commissioner LoCastro. COMMISSIONER LoCASTRO: I actually don't think Commissioner McDaniel did a very good job today, so I'll be happy when Commissioner Taylor comes back. I'm kidding. I just want to make a closing statement. You know, today we voted on a lot of things. We appointed members to the Productivity Committee. We paid bills. We approved contracts. We moved forward the business of Collier County. We recognized organizations and people. We debated some issues, and in some cases moved the decision to a future meeting because we weren't ready, and we had the expertise up here to do so. Government is about doing the business of the people. And if you don't think having a $2 billion budget means business is secondary, you are sorely mistaken. Doing things the way they have always been done doesn't mean excellence. "If it ain't broke, don't fix it" doesn't mean it can't be improved. What makes taxpayers upset is when government functions without improvement, without excellent -- without excellence, and is content with the status quo and doesn't know the difference between all those things that I listed. March 9, 2021 Page 162 Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Just one item. I know there's been some truck traffic studies done on the Logan Boulevard extension. I'd like to get kind of a full report at our next meeting. A lot of the residents in those communities feel it's unsafe, noisy, and staff has kind of come to a conclusion that the levels aren't what they considered excessive, but I think we need to get an idea of what "excessive" really means. So if we could have a discussion of the truck traffic on Logan extension, I would appreciate it. And I want to thank Commissioner LoCastro for advising us on what it means to be a public servant. COMMISSIONER LoCASTRO: You're welcome. CHAIRMAN McDANIEL: And in regard to the truck traffic -- because I'm kind of an expert -- I would suggest that our staff follow a couple of trucks, see if there's a job that's going on, see if there's a deficiency in supply. Typically, the trucks go where the aggregate is that's needed for a particular job. And there may be a job that is a shorter route that those trucks are able to utilize and get to Bonita Grande if there is a supply shortage somewhere in Collier County or an availability. And, minimally -- because I know we had this issue way back before I became a commissioner, truck traffic at large, but we were successful in managing that truck traffic just with some defin ition. So just as a -- I'm not belaboring the point, but I've been getting calls on it as well, and I think if we follow up in that regard, minimally, we can actually give some direction to our community as to why the traffic is the way that it is, so... COMMISSIONER SAUNDERS: Sure. CHAIRMAN McDANIEL: And other than that, I want to wish everyone a happy day. Thank you very much. We are adjourned. March 9, 2021 Page 163 **** Commissioner Saunders moved, seconded by Commissioner LoCastro and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RESOLUTION 2021-48: AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013- 57, BY AMENDING CHAPTER SIX, WAIVERS, EXEMPTIONS AND REDUCTIONS, MORE SPECIFICALLY TO ADD SECTION M, DEVIATION REQUESTS FOR PROJECTS IN THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (DR-GGPOD); AND PROVIDING AN EFFECTIVE DATE. (THIS IS A COMPANION TO AGENDA ITEM #9A) Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER UTILITY FACILITIES FOR THE NEIGHBORHOOD SHOPPES AT ORANGETREE, PL20200002447 – LOCATED OFF OF IMMOKALEE ROAD AND RANDALL BLVD Item #16A3 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ANGUILLA AT LAMORADA, PL20190002084 AND March 9, 2021 Page 164 AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $41,303.10 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF IMMOKALEE ROAD, EAST OF COLLIER BLVD Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR HERITAGE BAY GOLF & COUNTRY CLUB PHASE 1 - CLUBHOUSE EXPANSION, PL20200002647 Item #16A5 RESOLUTION 2021-49: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF AVE MARIA UNIT 11, DEL WEBB NAPLES PARCELS 106 & 112, APPLICATION NUMBER PL20110000452, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A6 RESOLUTION 2021-50: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ISOLA BELLA, APPLICATION NUMBER PL20180002267, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY March 9, 2021 Page 165 Item #16A7 AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR PHASE II OF A JOINT STORMWATER, WATER, AND SANITARY SEWER PROJECT BETWEEN GOODLETTE-FRANK ROAD AND US-41. [PROJECT NUMBER 60142] Item #16A8 APPROVAL FOR ELECTRONIC SUBMISSION OF A SMALL COUNTY OUTREACH PROGRAM FOR RURAL AREAS OF OPPORTUNITIES APPLICATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A PAVED SHOULDER PROJECT TO IMPROVE SAFETY ON A SEGMENT OF IMMOKALEE ROAD - IN THE AMOUNT OF $998,719.31 Item #16A9 RESOLUTION 2021-51: AWARDING RESTORATION (R-II) CREDITS IN STEWARDSHIP SENDING AREA 6 (“BCI/BCP SSA 6”) WITHIN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA) FOR RESTORATION ACTIVITIES COMPLETED BY BARRON COLLIER INVESTMENTS, LTD., AND BARRON COLLIER PARTNERSHIP IN ACCORDANCE WITH THE APPROVED RESTORATION PLAN Item #16A10 March 9, 2021 Page 166 RESOLUTION 2021-52: AWARDING RESTORATION (R-II) CREDITS IN STEWARDSHIP SENDING AREA 9 (“BCI/BCP SSA 9”) WITHIN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA) FOR RESTORATION ACTIVITIES COMPLETED BY BARRON COLLIER INVESTMENTS, LTD., AND BARRON COLLIER PARTNERSHIP IN ACCORDANCE WITH THE APPROVED RESTORATION PLAN Item #16A11 COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENTS BETWEEN COLLIER COUNTY AND CREEKSIDE HOSPITALITY LLC, AND BETWEEN COLLIER COUNTY AND RES FLORIDA 1284 HOLDINGS, LLC AND NAMED TENANT ARTHREX, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE GOODLETTE- FRANK ROAD PUBLIC RIGHT-OF-WAY - NEAR THE ENTRANCE OF THE ARTHREX HOTEL AND ARTHREX WELLNESS CENTER ENTRANCE Item #16B1 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND MSK 2059, LLC, IN THE AMOUNT OF $46,094 FOR THE PROPERTY LOCATED WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA AT 2059 TAMIAMI TRAIL EAST – FOR IMPROVEMENTS TO THE EXTERIOR FACADE AND THE INSTALLATION OF INTERIOR FLOORING March 9, 2021 Page 167 Item #16B2 AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $300,000 TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FY 2021/2022 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 4 FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Item #16C1 RESOLUTION 2021-53: A LEASE AGREEMENT WITH FLORIDA STATE REPRESENTATIVE LAUREN MELO FOR USE OF COUNTY-OWNED OFFICE – WITHIN THE ADMINISTRATION BUILDING AT THE MAIN GOVERNMENT CENTER Item #16C2 RESOLUTION 2021-54: A LEASE AGREEMENT WITH STATE REPRESENTATIVE DAVID BORRERO, DISTRICT 105, FOR USE OF COUNTY-OWNED OFFICE SPACE AT THE GOLDEN GATE CUSTOMER SERVICE CENTER IN GOLDEN GATE CITY Item #16D1 AMENDMENT NO. 1 TO THE FY2020/21 TRANSPORTATION March 9, 2021 Page 168 DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) TO CORRECT A SCRIVENER ERROR BY ADDING AN ADDITIONAL LINE ITEM TO EXHIBIT B (SERVICE RATES) TO INCLUDE THE GROUP TRIP PER PASSENGER RATE OF $25.87 Item #16D2 AN EIGHT-YEAR SOVEREIGNTY SUBMERGED LANDS EASEMENT RENEWAL AND MODIFICATION WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AT COLLIER BOULEVARD BOATING PARK WITH AN EFFECTIVE DATE OF AUGUST 15, 2018 Item #16D3 AWARD REQUEST FOR PROPOSAL NO. 20-7707, “TIGERTAIL BEACH CONCESSION SERVICES,” TO SSG RECREATION, INC., AND APPROVE THE REVENUE GENERATING AGREEMENT Item #16D4 AN “AFTER-THE-FACT” AMENDMENT AND AN ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM TO DECREASE FUNDING IN THE AMOUNT OF $45,000 AND AUTHORIZE THE SUPPORTING BUDGET AMENDMENT March 9, 2021 Page 169 Item #16D5 APPROVAL OF THREE (3) “AFTER-THE-FACT” CONTRACT AMENDMENTS, CORRESPONDING ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE AND HOME CARE FOR THE ELDERLY GRANT PROGRAMS FOR SERVICES FOR SENIORS TO INCREASE THE ALLOCATIONS AND THE SUPPORTING BUDGET AMENDMENTS Item #16E1 RECOGNIZING ACCRUED INTEREST FROM THE PERIOD OCTOBER 1, 2020 THROUGH DECEMBER 31, 2020 EARNED BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $383.20 Item #16E2 RECOGNIZING ACCRUED INTEREST FROM THE PERIOD APRIL 17, 2020 THROUGH DECEMBER 31, 2020 EARNED BY EMS CARES ACT PROVIDER RELIEF PAYMENT AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $2,276.67 Item #16E3 RENEWAL OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT’S CERTIFICATE OF PUBLIC March 9, 2021 Page 170 CONVENIENCE AND NECESSITY FOR ADVANCED LIFE SUPPORT NON-TRANSPORT SERVICES FOR ONE YEAR AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE Item #16E4 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16E5 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16F1 RESOLUTION 2021-55: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY20-21 ADOPTED BUDGET Item #16F2 THE USE OF TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING APRIL 2021 SPORTS TOURISM EVENT UP TO $7,750 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTE TOURISM – BEING HELD AT March 9, 2021 Page 171 NORTH COLLIER REGIONAL PARK, VETERANS PARK AND GOLDEN GATE COMMUNITY PARK ON APRIL 9-11, 2021 Item #16G1 APPROVAL OF AN OWNER-DIRECTED CHANGE ORDER NO. 5 TO AGREEMENT NO. 18-7240, “MARCO EXECUTIVE AIRPORT NEW TERMINAL & ASSOCIATED IMPROVEMENTS,” WITH WEST CONSTRUCTION, INC., IN THE AMOUNT OF $43,608.69 Item #16H1 PROCLAMATION DESIGNATING MARCH 9, 2021 AS GENTLE'MEN AGAINST DOMESTIC VIOLENCE DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, SHELTER FOR ABUSED WOMEN & CHILDREN – ADOPTED Item #16H2 PROCLAMATION DESIGNATING MARCH 15 - 21, 2021 AS SUNSHINE WEEK IN COLLIER COUNTY, A TIME TO REAFFIRM OUR COMMITMENT TO PROVIDING OUR RESIDENTS WITH TRANSPARENT, ACCESSIBLE, AND HONEST GOVERNMENT OPERATIONS. A COPY OF THIS PROCLAMATION WILL BE HAND DELIVERED TO EACH CONSTITUTIONAL OFFICER AND EACH COUNTY COMMISSIONER – ADOPTED Item #16H3 March 9, 2021 Page 172 PROCLAMATION DESIGNATING MARCH 15 - 19, 2021 AS GOVERNMENT FINANCE PROFESSIONALS WEEK IN COLLIER COUNTY, JOINING IN A STATEWIDE RECOGNITION OF GOVERNMENT FINANCE PROFESSIONALS. A COPY OF THIS PROCLAMATION WILL BE HAND DELIVERED TO THE CLERK'S FINANCE AND ACCOUNTING DEPARTMENT – ADOPTED Item #16I MISCELLANEOUS CORRESPONDENCE March 9, 2021 Page 173 Item #16J1 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN FEBRUARY 11, 2021 AND FEBRUARY 24, 2021 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 BOARD APPROVED AND DETERMINED A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 3, 2021 Item #16K1 RESOLUTION 2021-56: RE-APPOINTING ROBERT P. MEISTER, III TO THE CONTRACTORS LICENSING BOARD Item #16K2 RESOLUTION 2021-57: APPOINTING EUGENE WORDEHOFF TO THE WATER AND WASTEWATER AUTHORITY Item #16K3 A FIRST AMENDMENT TO RETENTION AGREEMENT WITH THE LAW FIRM OF BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., TO PROVIDE SPECIALIZED March 9, 2021 Page 174 FEMA LEGAL SERVICES ON AN “AS NEEDED” BASIS BY EXERCISING THE FIRST RENEWAL TERM AND ADJUSTING THE CURRENT RATES, WHICH WILL REMAIN IN EFFECT AS REVISED WITHOUT FURTHER CHANGE FOR THE NEXT THREE YEARS Item #16K4 A SETTLEMENT AGREEMENT IN THE AMOUNT OF $5,000 TO SETTLE THE LAWSUIT STYLED MICHAEL PETRAITIS V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOW PENDING IN THE 20TH JUDICIAL CIRCUIT IN COLLIER COUNTY Item #17A ORDINANCE 2021-10: AMENDING ORDINANCE NO. 2001-55, AS AMENDED (THE ADVISORY BOARD ORDINANCE), TO ENCOURAGE APPOINTMENTS TO ADVISORY BOARDS THAT BETTER REFLECT THE DEMOGRAPHIC AND GEOGRAPHIC POPULATION OF THE COUNTY Item #17B ORDINANCE 2021-11: ESTABLISHING THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES Item #17C March 9, 2021 Page 175 ORDINANCE 2021-12: AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT (PL20190001387), AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.93± ACRES; (ADOPTION HEARING) (THIS IS A COMPANION TO AGENDA ITEM #17D) Item #17D ORDINANCE 2021-13: AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT March 9, 2021 Page 176 DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [THIS IS A COMPANION TO AGENDA ITEM #17C] ***** March 9, 2021 Page 177 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:32 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _____________________________________________ WILLIAM L. McDANIEL, JR., ACTING CHAIRMAN ATTEST: ___________________________ CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC.