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Agenda 09/14/2021 Item # 2D (BCC Meeting Minutes from July 13, 2021)09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 2.D Item Summary: July 13, 2021 BCC Meeting Minutes Meeting Date: 09/14/2021 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 08/09/2021 11:54 AM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc – County Manager's Office Name: Mark Isackson 08/09/2021 11:54 AM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 08/09/2021 11:54 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 2.D Packet Pg. 26 July 13, 2021 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida July 13, 2021 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and al ing as the Board of Zoning Appeals and as the governin (s) of such special districts as have been created accordin o aw and having conducted business herein, met on t�is 9:00 a.m., in REGULAR SESSION in Buildin� of the Government Complex, East Naples, Florida, with fbalollowing members present: ALS Chairman: Penny Taylor William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis Isackson, County Manager Patterson, Deputy County Manager Sean Callahan, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 July 13, 2021 9:00 AM Commissioner Penny Taylor, District 4 — Chair — CRAB Co -Chair Commissioner William L. McDaniel, Jr., District 5; - Vice Chair - CRAB Co -Chair Commissioner Rick LoCastro, District 1 Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 1 July 13, 2021 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO.2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Beverly Duncan, Member of the Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. June 8, 2021 BCC Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) Recommendation to recognize Heather Meyer, Growth Management Department, Operations Support as the June 2021 Employee of the Page 2 July 13, 2021 Month. B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation recognizing Crystal Lake RV Resort as recipient of the Waste Reduction Awards Program (WRAP) award, for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. Presentation of the proclamation and a plaque will be conducted by county staff at the Crystal Lake RV Resort. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for July 2021 to Hole Montes. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. NOTE: This item has been continued from the June 8, 2021 BCC Meeting. Recommendation to adopt the proposed amendments to the Rural Lands Stewardship Area Overlay of the Collier County Growth Management Plan (GMP), Ordinance 89-05, as amended, and to transmit the amendments to the Florida Department of Economic Opportunity (DEO) and other statutorily required agencies. (Adoption Hearing) (PL20190002292) (Mike Bosi, Planning and Zoning Division Director) (District 5) 10. BOARD OF COUNTY COMMISSIONERS Page 3 July 13, 2021 A. Recommendation to extend the Immokalee Impact Fee Installment Payment Pilot Program, which provides for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area, for one year and modify the payment terms and related program fees in order to determine if such changes improve program participation. (Commissioner McDaniel's Request) (District 5) B. This item to be heard no sooner than 1:00 p.m. This Item continued from the June 8, 2021 and June 22, 2021 BCC Meetings. Recommendation for the Board to consider adoption of a County Ordinance establishing Collier County as a Bill of Rights Sanctuary County. (Commissioner McDaniel's Request) (All Districts) 11. COUNTY MANAGER'S REPORT A. This Item to be heard at 10:00 a.m. Recommendation to adopt a resolution approving the expansion of the boundaries of the Collier Mosquito Control District, pursuant to Section 388.211, Florida Statutes. (Introduced by John Mullins, Communications, Government, and Public Affairs Division Director) (All Districts) B. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2022 and Reaffirm the Advertised Public Hearing dates in September 2021 for the Budget approval process. (Edward Finn, Director - Corporate Financial Planning and Management Services) (All Districts) C. Recommendation to approve a Resolution directing the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles on 42nd Avenue SE and approve all necessary Budget Amendments. (Michelle Arnold, Public Transit & Neighborhood Enhancement Services Division Director) (District 5) D. Recommendation to increase Purchase Order No. 4500204651 issued to Q. Grady Minor & Associates in the amount of $5,427,219.00 for the "Palm River Public Utilities Renewal Project", Tasks 2 and 3 of Agreement 19- 7523, Projects #70257 and #60234; and authorize the necessary budget Page 4 July 13, 2021 amendments. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (District 2) E. Recommendation to accept the Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rate and Fee Study and direct the County Manager or his designee to advertise a resolution amending Schedules One, Two, Three, Four, and Five of Appendix A to Section Four of Collier County Ordinance No. 2001-73, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. 2001-73, as amended, with an effective date of October 1, 2021. (Amia Curry, Manager, Public Utilities Financial and Operational Support) (All Districts) F. Recommendation to accept the Solid Waste Rate Study and Financial Forecast that supports an annual average increase in tipping fees of 3.25% and unifies the solid waste disposal rates among Service Districts I and II, and to direct staff to incorporate the recommended tipping fee rates into the annual rate resolutions, that will supersede Resolution 2020-154, as amended, for fiscal years 2022-2024. (Kari Hodgson, Solid and Hazardous Waste Management Division Director) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 5 July 13, 2021 A. GROWTH MANAGEMENT DEPARTMENT 1) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge at Ave Maria Phase 7A, (Application Number PL20200002567) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 5) 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Addison Place, Application Number PL20170004121; and authorize the release of the maintenance security. (District 3) 3) Recommendation to approve 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 Quail Creek Plaza, PL20210000816. (District 3) 4) Recommendation to approve final acceptance of the sewer utility facilities for Moorings Park at Grande Lake - Phase Three (Clubhouse), PL20210001194. (District 4) 5) Recommendation to approve 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 Inland Village, PL20210000392. (District 1) 6) Recommendation to approve final acceptance of the potable water and sewer facilities for Davis Crossings, PL20120001771 and PL20210000904, accept the conveyance of a portion of the potable water and sewer facilities, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) in the amount of $59,162.94 to the Project Engineer or the Developer's designated agent. (District 3) 7) Recommendation to approve a resolution approving Final Acceptance Page 6 July 13, 2021 of potable water, wastewater, and non -potable irrigation water facilities, and related conveyances, for all Outstanding Utilities Projects that qualify for Final Acceptance, authorize the release of related Utilities Performance Securities, and authorize the transfer of the associated Final Acceptance Obligations Cash Bond(s) to the Collier County Public Utilities Department. (This is a companion item to #17B. Both items must be either approved or denied together on today's agenda.) (All Districts) 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number PL20190002540 for work associated with the Shoppes at Fiddler's Creek. (District 1) 9) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $42,820, which was posted as a guaranty for Excavation Permit Number PL20180001208, for work associated with Maple Ridge Amenity Center — Lake #6A Expansion. (District 5) 10) Recommendation to award Invitation to Bid ("ITB") No. 21-7837 "Purchase and Delivery of Aggregates" to Grippo Pavement Maintenance Inc. and J & Y Group Enterprises LLC, and authorize the Chair to sign the attached Agreements. (All Districts) 11) Recommendation to approve the release of a code enforcement lien, with an accrued value of $67,513.21 for payment of $11,857.71, in the code enforcement actions entitled Board of County Commissioners v. Albert Houston, Sr., Code Enforcement Board Case No. 2006070939 CEB No. 2007-64, relating to property Folio #25631120101, Collier County, Florida. (District 5) 12) Recommendation to approve the release of a code enforcement lien, with an accrued value of $62,600 for payment of $700 in the code enforcement action titled Board of County Commissioners v. Chad Barancyk, relating to property located at 1974 Countess Ct, Collier County, Florida. (District 2) 13) Recommendation to provide after -the -fact approval of the submittal of the 2021 Rebuilding American Infrastructure with Sustainability and Page 7 July 13, 2021 Equity (RAISE) Grant application, sponsored by the United States Department of Transportation, for the Golden Gate Parkway Complete Streets Project, in the amount of $31,249,450. (All Districts) 14) Recommendation to approve a Developer Agreement providing for the acquisition of land and easements for roadway and related improvements at the entrances to Greyhawk, required for the Vanderbilt Beach Road Extension (Project No. 60168). (All Districts) 15) Recommendation to approve an agreement between Collier County and Olde Florida Golf Club for the installation and maintenance by the property owner of landscaping in the right-of-way along the Vanderbilt Beach Road Extension Project and the acquisition of land (Parcel 172FEE) required for construction of the Project. (Project No. 60168.) (All Districts) 16) Recommendation to approve a Purchase Agreement for the acquisition of a fee interest in unimproved land in Immokalee (Parcel 121 FEE) needed for construction and maintenance access to stormwater drainage improvements for the Eden Gardens segment of the Immokalee Stormwater Improvement Project No. 60143 in the amount of $1,700. (District 5) 17) Recommendation to approve a Purchase and Sale Agreement to acquire a fee interest in unimproved land on Auto Ranch Road (Parcel 112FEE) needed for the stormwater management improvements as part of Lake Park Flow Way Project No. 60246 in the amount of $144,200, and to authorize the necessary budget amendments. (District 1) 18) Recommendation to approve a Purchase and Sale Agreement to acquire a fee interest in unimproved land on Auto Ranch Road (Parcel 110FEE) needed for the stormwater management improvements as part of Lake Park Flow Way Project No. 60246 in the amount of $144,200, and to authorize the necessary budget amendments. (District 1) 19) Recommendation to approve a work order with Humiston & Moore Engineers to provide professional support services for the application Page 8 July 13, 2021 of a modification to Permit No. 0142538-018-JM to allow dredged sand to be placed on Delnor-Wiggins State Park beach, under the current library services contract 18-7432-CZ, for time and material not to exceed $36,102.00, authorize the necessary budget amendment, authorize the Chairman to execute the work order and make a finding that this item promotes tourism. (All Districts) 20) Recommendation to approve the selection committee's ranking of Request for Professional Services ("RPS") No. 21-7881, "Old Lely Utilities Improvements," and authorize staff to begin contract negotiations with the top ranked firm, Johnson Engineering, Inc. (District 1) 21) Recommendation to direct staff to advertise an ordinance amending Ordinance No. 2019-01, the Floodplain Management Ordinance, to allow the interior portions of enclosed areas below elevated buildings and structures to be temperature -controlled. (All Districts) 22) Recommendation to approve the selection committee's final ranking for Request for Professional Services ("RPS") No. 21-7857, "Design - Build Services of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," and authorize staff to begin contract negotiations with the top -ranked firm, Thomas Marine Construction, Inc. so that staff can bring a proposed agreement back for the Board's consideration at a subsequent meeting. (District 3) 23) Recommendation to approve a resolution amending the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, to change the timing of the soil and/or groundwater sampling results for golf course conversion, by amending Chapter Three, Quasi -Judicial Procedures with a Public Hearing, more specifically Section K, Compatibility Design Review and Chapter Four, Administrative Procedures, Section N, Intent to Convert Application for Golf Course Conversions; and to increase the mailed public notification distance requirement for land use petitions within the Rural and Urban Golden Gate Estates of the Golden Gate Area Master Plan by amending Chapter Eight, Public Notice - Generally, Contents, Categories of Notice, and Notice Recipients, Section C, and providing an effective date. (This is a companion item to #17C) (All Districts) Page 9 July 13, 2021 24) Recommendation to award Request for Professional Services ("RPS") No. 21-7847, "Goodlette-Frank Road Ditch Improvements Design Services" to Water Resources Management Associates, Inc., in the total amount of $598,817, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment(s). (Project No. 60102) (District 4) 25) Request that the Board of County Commissioners determine a valid public purpose and authorize payment, in the amount of $650, for Collier County Planning Commissioner to attend Florida Chamber of Commerce 35th Annual Environmental Permitting Summer School, an Environmental Permitting Seminar for the dates of July 21-23, 2021. (All Districts) 26) Recommendation to approve Modifications to Subgrant Agreement Nos. H0452, H0459, and H0469 with the Florida Division of Emergency Management. Recommendation to extend the period of performance for Agreements H0452 Freedom Park Pump Station and H0459 Upper Gordon River Channel Improvements to November 30, 2022, and to extend the period of performance for Agreement #H0469 Pine Ridge Estates Stormwater Improvement to December 31, 2021 (Project No. 60102 and 60126) (District 4) 27) Recommendation to approve the award of Invitation to Bid ("ITB") No. 21-7852-ST "Bridge Replacement -Bridge Package D-1 Bridge - Grant Funded" to Quality Enterprises USA, Inc. in the amount of $2,664,766.70 and authorize the Chair to sign the attached agreement related to Project #66066 - "Eleven Bridge Replacements east of SR 29" and approve the necessary budget amendments. (District 5) 28) Recommendation to approve the award of Invitation to Bid ("ITB") No. 21-7887 "Randall Blvd at Everglades Blvd Intersection Improvements" to Pavement Maintenance, LLC. in the amount of $1,109,001.92 and authorize the Chair to execute the attached construction services agreement and approve the attached budget amendment. (District 5) 29) Recommendation to approve and authorize the Chairman to sign a Local Agency Program (LAP) Agreement in the amount of Page 10 July 13, 2021 $2,099,296 with Florida Department of Transportation (FDOT) to receive reimbursement for the replacement of Bridge No. 030138 on Immokalee Road (CR 846), related to Project #66066 - "Eleven Bridge Replacements east of SR 29", to execute a Resolution memorializing the Board's action, and to authorize the necessary budget amendment. (District 4) 30) Recommendation to authorize the County Manager or his designee to collaborate with the Naples Botanical Garden, Inc., regarding the installation of landscaping materials on Davis Boulevard (SR 84) from Santa Barbara Boulevard to Collier Boulevard, and direct the County Manager or his designee to apply for construction grant funding opportunities with the Florida Department of Transportation ("FDOT"). (District 3) 31) Recommendation to award Request for Professional Services ("RPS") No. 20-7818, "Design Services for Upper Gordon River Improvements," to Johnson Engineering, Inc., in the total amount of $1,024,166, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. (Project No. 60102) (District 4) 32) Recommendation to approve the submittal of a Derelict Vessel Removal grant application for $14,455 to the Florida Fish and Wildlife Commission for the removal of one (1) derelict vessel from Collier County waterways at no cost to the County and authorize the Chairman to execute the grant application. (All Districts) 33) Recommendation to appoint Trinity Scott, Growth Management Deputy Department Head, to execute the Federal Transit Administration's ("FTA") annual certifications and assurances for Board approved grants and grant applications through the FTA's Transit Award Management System ("TrAMS") system, and authorize the Chair to sign the Designation of Signature Authority form. (All Districts) 34) Recommendation to authorize the necessary budget amendments to reallocate funds within the Growth Management Department Stormwater Capital Fund 325 and Stormwater Bond Fund 327. (All Districts) Page 11 July 13, 2021 35) Recommendation to direct the County Manager or his designee to work with the Florida Department of Transportation to advance FPN 4258432 — I-75 (SR 93) at SR 951 Interchange Improvement from State Fiscal Year 24/25 to 22/23 (District 1) 36) Recommendation to authorize Budget Amendments for the Growth Management Department in the amounts of $4,100,000, to allocate Infrastructure Surtax Funding to 16th Street NE Bridge (Project #60212). (District 5) 37) Recommendation to approve and authorize the Chair to sign a cooperation agreement with the South Florida Water Management District, Florida Forestry Service, and the County to provide for the implementation of the Picayune Strand Restoration Project, which is a component of the Comprehensive Everglades Restoration Plan, and to enter into Mutual General Releases respect to various agreements between the Board and the State with respect to any rights the County may have, if any, to Public Access within the Picayune Strand. (All Districts) 38) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20200000761, to disclaim, renounce and vacate the County and the public interest in a portion of the Utility Easement as recorded in Official Record Book 1435, Page 2017 of the public records of Collier County, Florida located approximately 1000- feet east of U.S. 41 and Davis Boulevard (S.R. 858), south of Davis Boulevard, within lots 14 & 15 of Triangle Lake, as recorded in Plat Book 4, Page 38 of the public records of Collier County, Florida in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (District 4) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Landscape Improvement Grant Agreement between the Community Redevelopment Agency and Nicholas and Page 12 July 13, 2021 Elizabeth Reid in the amount of $2,500 for the property located at 2841 Shoreview Drive, Naples, Florida 34112 located within the Bayshore Gateway Triangle Community Redevelopment Area. (District 4) 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Site Improvement Grant Agreement between the Community Redevelopment Agency and Nicholas and Elizabeth Reid in the amount of $6,715.50 for the property located at 2841 Shoreview Drive, Naples, Florida 34112 located within the Bayshore Gateway Triangle Community Redevelopment Area. (District 4) 3) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency (CRA) and Southern Region Development, LLC, in the amount of $30,000.00 for the property located within the Bayshore Gateway Triangle Community Redevelopment Area at 2600 Davis Boulevard. (District 4) 4) Recommendation to approve the Bayshore Gateway Triangle Public Art Plan (Plan) for the Bayshore Gateway Triangle Community Redevelopment Area and authorize staff to submit a proposed change to the Land Development Code related to murals in the Bayshore Gateway Triangle Community Redevelopment Area. (District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution and Satisfactions of Lien for the 1992, 19935 1994, and 1995 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $68.50 to record the Satisfaction of Lien. (District 4) 2) Recommendation to accept the donation of 2 Spinner Bowls and 1 Tip Carousel with Brace from the Northside Kiwanis Foundation Inc. and approve the Temporary Right of Entry Agreement with Precision Page 13 July 13, 2021 Contracting Services, Inc. to install donated playground equipment at the Immokalee Community Park. (District 5) 3) Recommendation to approve a Certification of Financial Responsibility required by the Florida Department of Environmental Protection in connection with the renewal of an existing permit to Operate a Non -Hazardous Class 1 Injection Well System at Collier County's South County Regional Water Treatment Plant (SCRWTP) Facility on City Gate Drive. (District 1) 4) Recommendation to terminate Agreement #20-7804 Janitorial Services with Clean Space, Inc. for convenience, and activating with secondary vendors, United States Service Industries, Inc., d/b/a USSI, American Facility Services, Inc., and High Sources, Inc., as the primary vendors for janitorial services under the agreement. (All Districts) 5) Recommendation to approve a Second Amendment to City of Naples Airport Authority Leasehold Agreement Land Lease North Quadrant Land Fill Site for the Naples Recycling Center on behalf of Solid Waste Division. (District 4) 6) Recommendation to approve a District Office Lease Amendment with Congressman Mario Diaz-Balart for continued use of County -owned office space. (District 1) 7) Recommendation to approve the selection committee's ranking of Request for Professional Services ("RPS") No. 21-7884, "Design Services for New Chiller Plant Building K, Jail Generator and Platform," authorize staff to begin contract negotiations with the top ranked firm, Matern Professional Engineering, Inc., to bring a proposed agreement back for the Board's consideration at a future meeting. (District 1) 8) Recommendation to approve a purchase order to US Water Services Corporation, in the amount of $435,105.01, Request for Quotation #19-7622-302.25, "Pump Station No. 302.25 Rehabilitation," and authorize the necessary budget amendment (Project Number 70145). (District 1) Page 14 July 13, 2021 9) Recommendation to approve the County's standard form Temporary Access Easement Agreement ("Agreement") with an added provision that provides an allowance for reasonable attorney fees to review the Agreement. (District 5) 10) Recommendation to approve updated language to the Right of Entry and Perpetual Driveway Access and Maintenance Agreement form that is utilized for the Solid Waste Division's Designated Driveway Program. (All Districts) 11) Recommendation to approve an Interlocal Agreement with the District School Board of Collier County, Florida to facilitate the statutory land exchange of property required for the Vanderbilt Beach Road Extension. (District 5) 12) Recommendation to approve Change Order # 1 to Purchase Order No. 4500209955, "Buildings C1/C2 Reliable Upgrades" issued under Agreement No. 19-7592, Building Automation Energy Management Services, from Juice Technologies, Inc. d/b/a Plug Smart ("Plug Smart"), in the amount of $98,157.75 (Project No. 50221) (District 1) 13) Recommendation to reallocate funding within the Public Utilities Sewer User Fee Capital Project Fund (414). (District 2) 14) Recommendation to approve the selection committee's final ranking and authorize staff to enter contract negotiations with the top -ranked firm, O-A-K/Florida, Inc. d/b/a Owen -Ames -Kimball Company, related to Request for Proposal ("RFP") No. 21-7883-ST "Construction Manager at Risk for Main Campus Upgrade (MCU)." (District 1) 15) Recommendation for the Board of County Commissioners approves a Lease Agreement with United States Senator Rick Scott for use of County -owned office space within the Administration Building at the Main Government Center. (District 1) 16) Recommendation to award Request for Quotation #2021-200 "Growth Management Department (GMD) Parking Garage Rehabilitation Project," under Agreement No. 19-7525, Annual Agreement for Page 15 July 13, 2021 General Contractor Services, to EBL Partners LLC., in the amount of $749,900 and authorize the necessary budget amendment. (District 4) 17) Recommendation to approve and authorize the Chairman to sign the Florida Department of Emergency Management Hazard Mitigation Grant #110419 agreement modification for fifty-three (53) portable generators, with a 25% match obligation requirement and approve the necessary budget amendments. (Project No. 33667) (All Districts) 18) Recommendation to approve a Utility Easement within County Right - of -Way for existing and proposed wastewater facilities at an estimated cost not to exceed $50, Project #70014.3. (District 2) 19) Recommendation to approve a First Amendment to Agreement No. 19-7525, "Annual Agreement for General Contractors," for County- wide general contractor services with Chris -Tel Company of Southwest Florida, Inc. d/b/a Chris Tel Construction, Wright Construction Group, Inc., Capital Contractors, LLC, Compass Construction, Inc. and EBL Partners, LLC. (All Districts) 20) Recommendation to approve an Addendum to the Orange Tree Integration Agreement, authorizing the County to vacate 7+/- acres of the water treatment plant portion at the former Orange Tree Utility Company's treatment plant property, which is no longer required by the County. (District 5) 21) Recommendation to approve attached Change Order No. 2 to Agreement No. 19-7650, "Golden Gate Golf Course Redevelopment Planning and Engineering," with Davidson Engineering, Inc., authorize the Chair to sign the attached Change Order, and authorize staff to negotiate Phases Two and Three under the Agreement, so that a proposed amendment may be brought back for the Board's consideration at a subsequent meeting. (Project Number 80412) (District 3) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve an "After -the -Fact" contract Amendment, corresponding Attestation Statement with the Area Agency on Aging for Southwest Florida, Inc., for the Community Page 16 July 13, 2021 Care for the Elderly grant program for Services for Seniors to decrease the allocation and the supporting Budget Amendment. (All Districts) 2) Recommendation to approve 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 amend contract language and replace attachments. (All Districts) 3) Recommendation to accept and appropriate a donation of $2,500 from the Naples Woman's Club to support the Collier County Public Library's Pee -Wee Summer Reading Program and authorize the necessary Budget Amendment. (All Districts) 4) Recommendation to approve an "After -the -Fact" first amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc., Coronavirus Consolidated Appropriations Act funding under the Older American Act grant program for the Collier County Services for Seniors Program to revise allocations for services, update contract language, and authorize the necessary Budget Amendment. (Net Fiscal Impact $64,733.40) (All Districts) 5) Recommendation to approve and authorize the Chairperson to sign the First Amendment to the Drug Court Discretionary Grant Program Agreement between Collier County and the David Lawrence Mental Health Center, Inc., and the Office of Justice Programs Checklist to Determine Subrecipient or Contractor Classification. (All Districts) 6) Recommendation to approve and authorize the Chairperson to sign the First Amendment to the subrecipient agreement between Collier County and the Collier County Sheriff's Office, to increase the award amount by $16,862. (All Districts) 7) Recommendation to approve a First Amendment to Agreement No. 20-041-NS with Commercial Energy Specialists, LLC for the previously approved single -source purchase of BECS Technology chemical and pool filtration system, parts, and materials for the Sun- N-Fun Lagoon, increase the authorized expenditures under the Agreement, and provide for an annual pricing update and discount terms. (All Districts) Page 17 July 13, 2021 8) Recommendation to approve and authorize the Chairperson to sign three (3) subrecipient agreements between Collier County and Immokalee Fire Control District ($225,000), Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County ($308,382), and Youth Haven, Inc., ($682,000) to assist in the prevention, preparation, and response to COVID-19 under the Community Development Block Grant (CDBG CV) program. (All Districts) 9) Recommendation to approve and authorize the Chairperson to sign two (2) agreements between Collier County and (a) Naples Senior Center at JFCS, Inc., and (b) Redlands Christian Migrant Association for COVID-related activities under the Collier County Assistance Program. (All Districts) 10) Recommendation to approve the 2022-2024 Urban County Cooperation Agreement with the City of Naples, authorize the chairperson to sign the associated agreement and resolution, and authorize staff to forward the supporting documentation to the U.S. Department of Housing and Urban Development. (All Districts) 11) Recommendation to waive the Board -approved rental fee to allow the Immokalee Pioneer Museum at Roberts Ranch to host the Farm City BBQ 2021 at no cost to Farm City BBQ of Collier County, Inc. (District 5) 12) Recommendation to approve and authorize the chairperson to sign one (1) mortgage satisfaction for the State Housing Initiatives Partnership loan program in the amount of $5,200 and authorize the associated Budget Amendment. (All Districts) 13) Recommendation to approve and authorize the Chairperson to sign the Fourth Amendment between Collier County and Prestige Home Centers, Inc., to extend the agreement term and increase funding in the amount of $44,170 for the State Housing Initiatives Partnership Demolition and/or Replacement of Manufactured Housing program. (All Districts) Page 18 July 13, 2021 14) Recommendation to award Invitation to Bid (ITB) No. 21-7894, "NW and SW Corner of Bluebill Avenue and Vanderbilt Drive Irrigation and Landscape," to Hannula Landscaping and Irrigation, Inc., in the amount of $136,264.90, and authorize the Chair to sign the attached agreement. (District 2) 15) Recommendation to approve the FY2020 Annual Progress Report of the Collier County Transit Development Plan and authorize its submission to the Florida Department of Transportation. (All Districts) 16) Recommendation to approve the reallocation of previously approved Beach Park Facilities funding within the existing Barefoot Beach Parking and Road project and to make the finding that the expenditures promote tourism. (All Districts) 17) Recommendation to approve and authorize the Chairperson to sign an agreement between Tidal Basin Government Consulting, LLC, acting as a repository of grant recipient information, and Collier County for the purpose of data sharing between the State of Florida Department of Children and Families "OUR Florida" program and the U.S. Treasury Emergency Rental Assistance program administered by Collier County to assure no duplication of benefits. (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Commercial Energy Specialists, LLC, under Agreements #20-041-NS "BECS Chemical and Pool Filtration Systems" and #18-7376 "Non -Bulk Chemicals, Reagents, and Pool Supplies." (All Districts) 2) Recommendation to award Agreement No. 21-005-NS, "Support By the Hour Agreement," with Safran Helicopter Engines USA, Inc., for helicopter engine maintenance and parts replacement for the recently acquired 2019 Airbus helicopter, and approve annual expenditures in excess of $50,000 as a sole source. (All Districts) 3) Recommendation to approve the removal of uncollectible accounts receivables in the amount of $4,015.00 from the financial records of Page 19 July 13, 2021 the Emergency Medical Services Division in accordance with Resolution No. 2006-252 and authorize the Chairman to execute the attached Resolution. (All Districts) 4) Recommendation to adopt a resolution authorizing the removal of 8,023 ambulance service accounts and their respective uncollectible accounts receivable balances which total $5,374,560.99, from the accounts receivable of Collier County Fund 490 (Emergency Medical Services) finding diligent efforts to collect have been exhausted and proved unsuccessful. (All Districts) 5) Recommendation to approve modifications to the 2021 Fiscal Year Pay & Classification Plan which consist of three new classifications, the removal of four obsolete classifications and three reclassifications made from April 1, 2021 through June 30, 2021. (All Districts) 6) Recommendation to approve and authorize the Chair to execute State - Funded Subgrant Agreement A0182 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and authorize the associated budget amendment. (Project No. 33747) (All Districts) 7) Recommendation to approve and authorize the Chair to execute a Federally Funded Subgrant Agreement to accept the annual Emergency Management Performance Grant G0267 (EMPG) in the amount of $111,876 for emergency management planning, response, and mitigation efforts and to authorize the necessary budget amendments. (Project No. 33748) (All Districts) 8) Recommendation to award Request for Proposal ("RFP") No. 20- 7772, "Audio Video Equipment for Four EMS Training Rooms," to United Data Technologies, Inc., authorize the Chair to sign the attached agreement, and authorize all necessary budget amendments. (All Districts) 9) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) Page 20 July 13, 2021 10) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) 11) Recommendation to approve the purchase of Group Life insurance, Accidental Death insurance, Long Term Disability insurance, and Short -Term Disability Claims and Family Medical Leave Act Administration Services, collectively referred to as Agreement No. 21-029-NS, from the Standard Insurance Company for a three-year period effective January 1, 2022, in the estimated annual amount of $808,780, and authorize the Chair to sign the attached Master Agreement. (All Districts) 12) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Universal Controls Instrument Services, Inc. for Agreement #20-7750 "Instrument Calibration, Repair and Replacement Services." (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to award Request for Professional Services ("RPS") No. 21-7868, "Impact Fee Studies & Fiscal Analysis," to Tindale Oliver & Associates Inc., and authorize the Chair to sign the attached agreement. (All Districts) 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY20-21 Adopted Budget. (All Districts) 3) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. (All Districts) 4) Recommendation to authorize a budget amendment for the Facilities Management Division in the amount of $25,000,000 from the Infrastructure Sales Tax Reserve Fund (318) to fund the Collier County Mental Health Facility. (All Districts) 5) To authorize an expenditure of Tourist Development Tax funds for Clam Pass maintenance in the amount of $357,739.80 for Page 21 July 13, 2021 construction, engineering and surveying, monitoring, and permitting, authorize the necessary budget amendments, and make a finding that this item promotes tourism. (All Districts) 6) Recommendation to approve the use of Tourist Development Tax Promotion Funds to support the upcoming September 2021 Sports Tourism Event up to $3,820 and make a finding that this expenditure promote tourism. (All Districts) 7) Recommendation to award Request for Proposal (RFP) #21-7860 "Tourism Research Services" to Downs & St. Germain Research, Inc.; and make a finding that this action promotes tourism. (All Districts) 8) Recommendation to adopt a Resolution fixing September 9, 2021, 5:05 p.m., in the Third Floor Board Room, 3299 East Tamiami Trail, Naples, Florida, as the date, time and place for the Public Hearing for approving the Special Assessment (Non -Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, management of the dredging and maintenance activities for Clam Pass for the purpose of enhancing the health of the affected mangrove forest and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. (District 2) 9) Recommendation to approve amendments to Article 20 and Article 42 of the Collective Bargaining Agreement between Collier County and the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters and Paramedics, Local 1826, International Association of Firefighters, Incorporated. (All Districts) 10) Recommendation to direct staff to develop a workforce development grant agreement with The Immokalee Foundation, to offset development costs on a housing subdivision for the Career Pathways Page 22 July 13, 2021 Learning Lab, in the amount of $500,000, authorize the County Manager or designee to execute the agreement, and authorize any necessary budget amendments. (District 5) G. AIRPORT AUTHORITY 1) Recommendation to approve the after -the -fact submittal of the Airport Improvement Program (AIP) grant application to the Federal Aviation Administration requesting approximately $1,819,841 for the construction of the rehabilitation and widening of Runway 15/33 at Everglades Airpark with a total estimated cost of $2,022,045. (District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a budget amendment recognizing a Florida Department of State, Division of Elections, 2021 Election Security Funds Grant Award in the amount of $75,000. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of July 7, 2021. (All Districts) 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between June 10, 2021 and June 30, 2021 pursuant to Florida Statute 136.06. (All Districts) 4) Approve a budget amendment recognizing $900,000 in revenues and expenditures in the Sheriff's Office FY 2021 General Fund budget. (All Districts) K. COUNTY ATTORNEY Page 23 July 13, 2021 1) Recommendation to appoint a member to the Ochopee Fire Control District Advisory Committee (District 1, District 5) 2) Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Anita Vagnozzi v. Collier County Board of County Commissioners (Case No. 19-CA-1074), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $40,000 to be paid by the Contractor with no exposure to the County. (All Districts) 3) Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Annette Riddle v. Collier County Board of County Commissioners (Case No. 19-CA-0743), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $10,000. (All Districts) 4) Recommendation to approve and authorize the Chair to sign an Amendment to Retention Agreement for legal services with the Workers' Compensation law firm of Kelley Stiffler PLLC. (All Districts) 5) Recommendation to approve a Stipulated Final Judgment in the amount of $10,000.00 with pro se Respondent for the taking of Parcel 1196RDUE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. (All Districts) 6) Recommendation to approve a Stipulated Final Judgment in the amount of $6,000.00 with pro se Respondents for the taking of Parcel 1180RDUE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. (All Districts) 7) Recommendation to approve a Stipulated Final Judgment in the amount of $53,400.00 with pro se Respondents for the taking of Parcels 335FEE and 335TDRE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. (All Districts) Page 24 July 13, 2021 8) Recommendation to approve a Stipulated Final Judgment in the total amount of $77,500 plus $17,657 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 184FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 9) Recommendation to approve a Stipulated Final Judgment in the total amount of $75,000, plus $17,601 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 210FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 10) Recommendation to approve a Stipulated Final Judgment in the amount of $126,000, plus $24,612 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 186FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 11) Recommendation to approve a Stipulated Final Judgment in the amount of $120,000, plus $22,085 in statutory attorneys' fees and expert fees, for the taking of Parcel 194FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 12) Recommendation to approve a Stipulated Final Judgment in the amount of $69,000, plus $15,106 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 225FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) Page 25 July 13, 2021 13) Recommendation to approve a Stipulated Final Judgment in the amount of $68,000, plus $15,205 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1204FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 14) Recommendation to approve a Stipulated Final Judgment in the amount of $57,000, plus $13,885 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1218FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 15) Recommendation to approve a Stipulated Final Judgment in the amount of $70,000 plus statutory attorneys' fees in the amount of $9,240 and expert fees and costs in the amount of $4,900, for the total amount of $84,140 for the taking of Parcel 1233FEE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168 (All Districts) 16) Recommendation to approve a Stipulated Final Judgment in the amount of $60,000, plus $14,553 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1215FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 17) Recommendation to approve a Stipulated Final Judgment in the amount of $57,000, plus $13,885 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1212FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 18) Recommendation to approve a Stipulated Final Judgment in the amount of $204,000, plus $32,839 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 180FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 19) Recommendation to approve a Stipulated Final Judgment in the amount of $69,000 plus statutory attorneys' fees in the amount of $8,910 and expert fees and costs in the amount of $4,900, for the total Page 26 July 13, 2021 amount of $82,810 for the taking of Parcel 1213FEE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. (All Districts) 20) Recommendation to approve a Stipulated Final Judgment in the total amount of $39,000, plus $15,589 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1253RDUE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 21) Recommendation to approve a Stipulated Final Judgment in the amount of $83,250, plus $18,682.50 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1116FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 22) Recommendation to approve a Stipulated Final Judgment in the amount of $56,500, plus $15,725 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 185FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 23) Recommendation to approve a Stipulated Final Judgment in the amount of $75,000 plus $8,619.00 in statutory attorneys' fees and expert fees, for the taking of Parcel 1227FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees, if any, for supplemental proceedings as authorized by Ch. 73, Fla. Stat. (All Districts) 24) Recommendation to approve a Stipulated Final Judgment in the amount of $136,000 plus statutory attorneys' fees in the amount of $25,773 and expert fees and costs in the amount of $5,000, for the total amount of $166,773 for the taking of Parcel 1184RDUE, required for the Vanderbilt Beach Road Expansion Project, Project No. 60168. (All Districts) Page 27 July 13, 2021 25) Recommendation to approve a Stipulated Final Judgment in the amount of $61,000, plus $14,496 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1119FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 26) Recommendation to approve a Stipulated Final Judgment in the amount of $134,400.00 plus $29,761.48 in statutory attorneys' fees and expert fees and costs, for the taking of Parcels 1235FEE and 1237FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 27) Recommendation to approve a Stipulated Final Judgment in the amount of $137,000 plus $32,044 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcels 222FEE and 224FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 28) Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $75,000 plus $11,754.75 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 188FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 29) Recommendation to approve a Stipulated Final Judgment in the amount of $67,000, plus $14,517 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcel 1243FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 30) Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $22,920 in statutory attorneys' fees and costs and expert fees and costs, for the taking of Parcels 1168FEE and 1170FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) Page 28 July 13, 2021 31) Recommendation to approve a Stipulated Final Judgment in the amount of $85,000 plus $15,875.74 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 1240FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 32) Recommendation to approve a Stipulated Order of Taking and Stipulated Final Judgment in the total amount of $60,000 with pro se Respondent for the taking of Parcel 217FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 33) Recommendation to approve a Stipulated Final Judgment in the amount of $62,350 plus $14,273.34 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 196FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168 and delegate authority to the County Manager or his designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 34) Recommendation to approve a Stipulated Final Judgment in the amount of $73,808 plus $16,851.33 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 240FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) ---------------------------------------------------------------------------------------------------------- 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. Page 29 July 13, 2021 A. Recommendation to approve a Resolution amending the Collier County Water -Sewer District's Utilities Standards Manual to improve the utility conveyance process (This is a companion Item to #17B). (All Districts) B. Recommendation to approve an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance to improve the utilities conveyance process (This is a companion Item to # 16A7 and # 17A). (All Districts) C. Recommendation to approve an Ordinance of The Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the Comprehensive Land Regulations for the unincorporated area of Collier County, Florida, to clarify the density calculation for single-family, two-family and duplex dwelling units on legal non -conforming lots of record in the RMF-6 Zoning District, to increase public notification distances for land use petitions within the Rural and Urban Golden Gate Estates, and to clarify the requirements for soil and groundwater sampling in the development review process for the conversion of golf courses, 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, including Section 1.08.02 Definitions; Chapter Three - Resource Protection, including Section 3.08.00 Environmental Data Requirements; Chapter Five - Supplemental Standards, including Section 5.05.15 Conversion of Golf Courses; Chapter Nine - Variations From Code Requirements, including Section 9.03.03 types of non -conformities; Chapter Ten - Application, Review, and Decision -Making Procedures, including Section 10.03.05 Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20190002818, PL20200002505, & PL20200002512] (This is a companion Item to #16A23) (All Districts) D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 02-51, the Lawmetka Plaza Planned Unit Development by adding a third access drive on Wiggins Pass Road for delivery vehicles; by Page 30 July 13, 2021 modifying the transportation commitment for turn lanes; and adding deviations for additional signage and a reduction to a landscape buffer; by revising the Master Plan, and providing an effective date. The subject property, consisting of 34+/- acres, is located on the northwest corner of Wiggins Pass Road (CR 888) and Tamiami Trail North (US 41), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. [PL20190001489] (District 2) E. Recommendation to adopt an Ordinance repealing Collier County Ordinance No. 2018-55 which created the Collier County Fuel Pump Security Ordinance. (All Districts) F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the FY20-21 Adopted Budget. (All Districts) G. A Resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89- 05, as amended, relating to the density bonus pool within the Bayshore/Gateway Triangle Redevelopment Overlay and specifically amending the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element, to change requirements for the use of the density bonus pool; and furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity. [PL20210000603] (Transmittal Hearing) (Companion Land Development Code Amendments, to be presented with this petition during the adoption hearing.) (District 4) H. NOTE: This item was improperly advertised by the Naples Daily News and will be heard in the fall. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as Blue Coral Apartments RPUD, to allow development of up to 234 multi -family rental units, of which 70 will be rent restricted as affordable. The subject property is located on the south side of Immokalee Road, approximately 1000 feet west of Juliet Boulevard, in Section 30, Page 31 July 13, 2021 Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.35f acres; and by providing an effective date. (PL20190001600) (This is a companion to Item #PL20190001620) (District 2) I. NOTE: This item was improperly advertised by the Naples Daily News and will be heard in the fall. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Map Series by adding the Immokalee Road Interchange Residential Infill subdistrict to the Urban, Mixed Use district to allow development of up to 234 multi -family rental units, of which 70 will be rent restricted as affordable. The subject property is located on the south side of Immokalee Road, approximately 1000 feet west of Juliet Boulevard, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.35± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20190001620/CPSS-2020-2] (Companion to zoning petition RPUD- PL20190001600, Blue Coral Apartments Residential Planned Unit Development) (District 2) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 32 July 13, 2021 July 13, 2021 MR. ISACKSON: Good morning, Madam Chair, Commissioners. You have a live mic. CHAIRMAN TAYLOR: Good morning. Thank you very much. We're honored to have Reverend Beverly Duncan, who is a member of the Naples United Church of Christ, here this mornin And after we all stand for the invocation, after that I'd like Commissioner Saunders to lead us in the Pledge. 1 Item # 1 A S. INVOCATION AND PLEDGE OF ALLEGI INVOCATION GIVEN BY REVERAND BE DUNCAN OF THE NAPLES UNITED CHURCH OF CGA4RI REVEREND DUNCAN: G rning, and let us be together in one mind. Creator and spirit of lifeZied ody is together in this place today to deliberate on behalf o communities in which we live in Collier County. We give ,u thanks for these elected individuals, we give you thanks for)he places and people they represent, and thanks also for t�arger community of all your people, most especially th e' ei�hibors suffering in Surfside, all neighbors who are hungry, an 1 of us who seek peace. We bless and ask you to bless, Crea pirit, the Empty Bowls program that we honor in this roo ray that these commissioners be always mindful in their go ing, may they hold tight to a higher and larger vision for our country and our county. We pray for them a continued discernment that is pure and not clouded by personal motives or gain. We pray that each one always be open and fair in the matters that come before them as well as alive to possibilities they might never have thought of Page 2 July 13, 2021 before. So grant them the kind of spirit that looks for blessings in the business items, looks for new ways of thinking and hearing, and an inclination that leans toward life in every decision they make. Bless them with strength, perseverance, courage, and wisdom this day_ Shalom and amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN TAYLOR: Thank you very much. That was a beautiful prayer. Thank you. Before we continue, I want to bring of note h e have an extraordinary exhibit on the walls of the emp o These are empty bowls that are designed by individual a st . This is a rotating exhibit. So in August it will cha " e. t is an all -volunteer organization, and its mission is to crea mess and raise funds to eliminate hunger in our communit owl at a time. The pieces displayed in the b oom are framed color photographs of a small sampl' o the thousands of treasured hand -painted ceramic bo tters, and other original works of art that have been individual fainted by local artists, students, teachers, and individuals fro loyal groups and service organizations since 2007. And the h Annual Empty Bowl Naples event will return to Cambier Par Ja ary the 22nd, 2022. So pl ase .oy them. Take some time. There's some beautiful, b ful pieces of art back there. ou very much. ty Manager. Item #2A APPROVAL OF TODAY' S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE Page 3 July 13, 2021 DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR THE CONSENT AGENDA.) — APPROVED AND/OR ADOPTED W/CHANGES MR. ISACKSON: Good morning, Madam Chair and Commissioners. Let me go over some changes and notes to July 13th, 2021, agenda. The first item was a -- was an item that was broug Commissioner Taylor. It was originally back in the 8th meeting, and it was a recommendation to direct th ty Manager to retain an outside consultant to review the R s Stewardship Area Overlay Growth Management Plan. Co m ssioner Taylor has subsequently requested that this item be dr wn. It is not connected, repeat, not connected with on the agenda. Item 16B4, I want to make a in the title. The title should read, it's a recommendati tP"pprove the Bayshore/Gateway Triangle Public Art Pilot Plan e Bayshore/Gateway Triangle Community Redevelop a and authorize staff to submit a proposed change to the La Development Code related to murals in the Bayshore/Gate ay *1riangle Community Redevelopment Area. That's at Comm' 'oner Taylor's request. Commis er , we want to amend Item 16K28, which is a recomme ati o approve a stipulated order of taking and final judgment i amount of $75,000, plus $11,754.75 in statutory atto s and expert's fees and costs for the taking of Parcel 1 quired for the Vanderbilt Beach Road project. It's Project N 168. This request is at the Clerk's Office and the County Attorney's Office, and the change is as follows: Paragraph -- Parcel 188FEE, Paragraph 11 is amended as follows: The amount of taxes due and owing to be distributed to the Collier County Tax Collector shall be $97.44. July 13, 2021 Likewise, Commissioners, amending Item 16K32. It's a recommendation to approve a stipulated order of taking and final judgment in the amount of $60,000 with pro se respondent for the taking of Parcel 217FEE required for the Vanderbilt Beach Road Extension Project, Project 60168, again, at the Clerk's Office and County Attorney's recommendation. It's Parcel 217FEE. +� Paragraph 8 is amended as follows: The amount of taxes d64nd owing to be distributed to the Collier County Tax Colley"hall be $97.44. Time -certain items today, Commissioners, It is to be heard no sooner than 1:00 this afternoon. Ifg co d ration of an ordinance establishing Collier County as a Bil ights Sanctuary County. Item I IA to be heard at 10:00 . this morning; its the Mosquito Control resolution for bogn ansion. Some reminders, Commissio e had two public petitions on the agenda that were subsequ emoved at the petitioner's request. Those will be taken a later date upon further communication with the ' sioners. That's all I have at th oint, ma'am. CHAIRMAN TALO Thank you very much. And now we'll do any ex e or any changes to the agenda. Commissioner McDaniel. CO I NER McDANIEL: Yes. Good morning. CHA N TAYLOR: Good morning. SSIONER McDANIEL: Good morning. I have no ex pa o ny additional changes. AIRMAN TAYLOR: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: No ex parte and no changes as well. CHAIRMAN TAYLOR: And I will echo those words. I have no ex parte and no changes to the agenda. Page 5 July 13, 2021 Commissioner LoCastro. COMMISSIONER LoCASTRO: Same for me, no ex parte, no changes. COMMISSIONER SOLIS: And for me, I have no changes. I do have an ex parte disclosure on 17D, the Lawmetka PUD. I'v ad many calls and e-mails over the years, really, with the leaders Tarpon Cove, staff, and other residents in the area. And I yNALl just say on that particular item, I would compliment our staf hat was a -- what was a very contentious issue, I think, at one that's now -- the community is all in agreement with tha understand that they're pleased with the way that happen n o it came together. So thank you to staff. CHAIRMAN TAYLOR: Thank yop� T ank you very much. So do I hear a motion to approve the and the ex parte as brought forward? COMMISSIONER McDANI& So moved. COMMISSIONER SOLLANecond. CHAIRMAN TAYLORVC.Aotion on the floor and a second. All those in favor, say aye. COMMISSIONEI,S LIS: Aye. COMMISSXER LoCASTRO: Aye. CHAI - YLOR: Aye. COM&AISNONER SAUNDERS: Aye. COM IONER McDANIEL: Aye. QZWAN TAYLOR: Those opposed, like sign. esponse.) AIRMAN TAYLOR: It carries unanimously. 'MR. ISACKSON: Ma'am, you have the minutes from the June 8th meeting. Did you take that up with this? Page 6 Proposed Agenda Changes Board of County Commissioners Meeting July 13, 2021 Withdraw Item from agenda: *** This item continued from the June 8, 2021 BCC Meeting *** Recommendation to direct the County Manager to retain an outside consultant to review the Rural Lands Stewardship Area (RLSA) Overlay Growth Management Plan, as amended, to estimate the total Stewardship Credits available in the Overlay. (Commissioner Taylor's Request) Note: Item 16114 title to read: Recommendation to approve the Bayshore Gateway Triangle Public Art Pilot Plan (Plan) for the Bayshore Gateway Triangle Community Redevelopment Area and authorize staff to submit a proposed change to the Land Development Code related to murals in the Bayshore Gateway Triangle Community Redevelopment Area. (Commissioner Taylor's Request) Amend Item 16K28: Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $75,000 plus $11,754.75 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 188FEE, required for the Vanderbilt Beach Road Extension Project; Project No. 60168. (Clerk's Office & County Attorney's Office) Parcel 188FEE, paragraph 11 is amended as follows: The amount of taxes due and owing, to be disbursed to the Collier Countv Tax Collector shall be 597.44. Amend Item 16K32: Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $60,000 with pro se Respondent for the taking of Parcel 217FEE, required for the Vanderbilt Beach Road Extension Project; Project No. 60168. (Clerk's Office & County Attorney's Office) Parcel 217FEE, paragraph 8 is amended as follows: The amount of taxes due and owing, to be disbursed to the Collier County Tax Collector shall be $97.44. Time Certain Items: Item IOB to be heard no sooner than 1:00 pm — Consideration of County Ordinance establishing Collier County as a Bill of Rights Sanctuary County Item I IA to be heard at 10:00am — Mosquito Control Resolution for Boundary Expansion 8/9/2021 10:42 AM July 13, 2021 Item #2B JUNE 8, 2021 FROM BCC MEETING MINUTES — APPROVED AS PRESENTED CHAIRMAN TAYLOR: No, I didn't. So let's do the es, please. Any changes on the minutes? Are we all okay wi minutes? COMMISSIONER McDANIEL: Move for apt. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Motion on th oo n a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRQ: CHAIRMAN TAYLOR: A COMMISSIONER SAUND Aye. COMMISSIONER McD L: Aye. CHAIRMAN TAY hose opposed, like sign. (No response.) CHAIRMAN TA�jLO It carries unanimously. And that is because of our e ordinary court reporter who works diligently and accurately. k U. COM�VII NE McDANIEL: Pretty in purple. Item 4 RL�OGNIZING HEATHER MEYER, GROWTH MANAGEMENT DEPARTMENT, OPERATIONS SUPPORT AS THE JUNE 2021 EMPLOYEE OF THE MONTH — NOT PRESENT — READ INTO THE RECORD Page 7 July 13, 2021 MR. ISACKSON: Commissioners, Item 3A is an employee recognition to recognize Heather Meyer, our Growth Management Department operations support, as the June 2021 Employee of the Month. We intend on having the individual employees recognized publicly going forward. A little miscommunication on this one. CHAIRMAN TAYLOR: I dropped the ball. I could h asked you and I didn't, so -- MR. ISACKSON: It's not your fault, ma'am. Bu One just -- let me just say a couple remarks, if I can, abou ther. She's an operation analyst in the operations suppo ion in our Growth Management Department and has be i h county since 2016. Heather provides fiscal support for sev a sections of the Growth Management Department, includA Traffic Operations, Coastal Zone Management, and Lands e nagement. In addition to her regular job s' ibilities, she provided invaluable support to the county' r airports when two key management employees, duri busiest season of the year, were lost. Even without dire experience, Heather was able to assist the interim executiv manager in several areas of airport operations. Heather's f cial skills and great customer service and keen business sens ov e the necessary operational support for several tasks and of e . She was on site and on point of contact for several cap provement projects at the Immokalee airport. She coor contract extension and was responsible for contract and g,kalfNi liance for active airport FDOT projects, and was in ental in drafting previous -- and processing, excuse me, numerous executive summaries for BCC approval. Heather also actively participated in the FY22 preparation of the budget and review along with the airport's five-year capital improvement budget. July 13, 2021 In addition to providing support for the airports, Heather has worked diligently to keep up with the demands of her regular job responsibilities. Heather's willingness to go far above and beyond what was expected of her, especially during times of record -breaking business and several large capital improvement projects, makin r truly deserving of this recognition. (Applause.) COMMISSIONER McDANIEL: Is she here? C CHAIRMAN TAYLOR: She's not. Next mee, ' opefully we'll start lining them up. MR. ISACKSON: We will make sure Ah! is the award, and we'll circle back with the Board how we c et folks' photos and things like that over the summer, so -- geu T.Ineir recognition. CHAIRMAN TAYLOR: It's gx ry. It's such an interesting time we're in, you kno you have lack of employees for various reasons, an have a business that's just booming, which is the private business. So good. Thank you for that. AQ Item #4 RM41610 RECIF PROG GREA TLMN CO I CRYSTAL LAKE RV RESORT AS A fHE WASTE REDUCTION AWARDS `RAP) AWARD, FOR CONTRIBUTING TO THE OD OF COLLIER COUNTY BY ADVOCATING iDUCE, REUSE, RECYCLE" MESSAGE, THEREBY G TO PROLONG THE USABLE LIFE OF THE COLLIER LANDFILL. PRESENTATION OF THE PROCLAMATION AND A PLAQUE WILL BE CONDUCTED BY COUNTY STAFF AT THE CRYSTAL LAKE RV RESORT — READ INTO THE RECORD Page 9 July 13, 2021 MR. ISACKSON: Commissioners, we have a proclamation. It's the proclamation recognizing the Crystal Lake RV resort as recipient of the Waste Reduction Awards Program for contributing to the greater good of Collier County by advocating the reuse, reduction, and recycling message, thereby helping to prolong the usable life of the Collier County Landfill. A presentation wi made by staff with the invitation of Commissioner McDani sometime in November when most of their folks who li h re come back from season, so... CHAIRMAN TAYLOR: Okay. Good. Item #5A COLLIER COUNTY BUSINESS OF XV5YONTH FOR JULY 2021 TO HOLE MONTES — PRES,��'1�L MR. ISACKSON: Co ners, 5A is a presentation of the Collier County Business onth. It's for July 2021. It's to Hole Montes. ,, CHAIRMAN TAYLOI�,: Are they here? (A video w layed as follows:) MR. M E E: Hi. I'm Bob Mulhere. I'm the president 11Wand CEO Qj_H Montes. On behalf of our Hole Montes 60-or-so employees eir families, I want to express my gratitude to the GreaW Na es Chamber of Commerce and, of course, the Board of C ' Commissioners for this wonderful honor. �klhtell you a little bit about Hole Montes. Hard to believe, but Hole Montes has been -- working in Southwest Florida in Collier County for 55 years this July. Started in 1966 by Stanley Hole and Sergio Montes. And if you're an old-timer, you might have known Stanley and Sergio. I did. Page 10 July 13, 2021 And we've always been involved in the community. We've always worked with certain organizations, even -- whether it was coaching Little League or supporting FGCU School of Engineering or supporting Naples Community Hospital or Habitat or the CREW Trust. We've always been involved. That was a legacy starte Stanley and Sergio, and it's continued for 55 years. . lz� We have worked on so many different projects; some cem projects on behalf of Collier County, like sewer and water plants or roads, airport design, and others for private landowngm developers. We've worked on projects from 3 000 acres down b00 square p J � � q feet. We've contributed in that way to the gro f ollier County, and it's a beautiful community, but we've o contributed in being involved in organizations, community a tions, civic organizations, and many other org ns, and we'll hopefully continue that for the next many e S. And before we close, I J t to recognize a few of the folks that work with me here. g with June Sapp (phonetic), Tom Murphy, Terry Cole, Ric lanski. Paula, you and I are short -timers. We've bath been here less than a decade. But it's a true honor. An , nce again, I want to express my gratitude to the Greater Napl ha er and to the Board of County Commissioners, and we'll s e y soon. Thank you. (The concluded.) se.) PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 11 July 13, 2021 MR. ISACKSON: Commissioners, that brings us to Item 7, public comments on general topics not on the current or future agenda. Troy. MR. MILLER: Madam Chair, we have one registered spea r for this item. Jacqalene Keay. MS. KEAY: Good morning. CHAIRMAN TAYLOR: Good morning. MS. KEAY: Last summer I saw countless Fac A posts criticizing even peaceful protests calling for social ' e. During the Capitol riots and insurrection, the silence s same individuals was deafening. These events led e o wonder what Martin Luther King, Jr., would think of w t is going on in this country today. Would he be extremely disa o1 to see we are moving backward, especially as it relates t r nants of Jim Crow era. The civil rights moveme out the denied guarantees of equal treatment for Afric ricans under the law. The overarching goal was to a 'Qve equal rights as well as activism for social, political, le al, Vd cultural changes. The point was to keep pressuring leade 'n the nation through protests until change happened, no tte e costs. The methods that were used, of course, m t e tive were when pictures of these events spread across the and globally -- were globally condemned. of the civil rights movement felt the best way to a ' h their achievements or objective was to take their power ba choosing which establishment and locations they would frequent. Most importantly, they wanted to empower the people. Their methods of choice is like cancel culture. You see, cancel culture got its roots in the civil rights movement. The civil rights movements utilize boycotts, sit-ins, and protests to pressure Page 12 July 13, 2021 businesses, organizations, and the government to change policies and enact laws. They activated their voices, which was louder than that of their oppressors. As a former member of the silent majority, I will no longer be quiet and allow the voices of the few to control my life and my destiny. I will stand up, speak up, and show up. I will disas e from people who are aggressive and perpetuate lies and hat . will boycott businesses and organizations with racial practic will make my vote count by voting for candidates who ca ut all people and doing the right thing. I am taking my back and in doing so I hope to empower others to do the s e. We have gone from condemning other co ie to human right violations to being called out by China and the nited Nations. And in a recent news article the United Tiatim q'oAdemned America for racism and human rights violation ceiially as it relates to killing of unarmed black people. Is this the legacy we wa ss on to the next generation? Adults have an obligatio tosponsibility to teach the younger generation to be good citi -- may I finish? CHAIRMAN TA)�LO Go ahead. MS. KEA . Thank you. So we h an ligation to teach young people to be great citizens to Jncl doing the right things, telling the truth, being kind, and res ec ' e needs of others. Based on our current social c limz aw. re failing the next generation miserably. k you all very much for having me and me being able to speak nd share my concerns. I appreciate it. CHAIRMAN TAYLOR: Thank you, Ms. Keay. MS. KEAY: Thank you. Page 13 July 13, 2021 ORDINANCE 2021-28: PROPOSED AMENDMENTS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP), ORDINANCE 89-05, AS AMENDED, AND TO TRANSMIT THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND OTHER STATUTORILY REQUIRED AGENCIES — ADOPTED _ MR. ISACKSON: Commissioners, 9A is an itat's been continued from the June 8th, 2021, BCC meeting. recommendation to adopt the proposed amen n o he Rural Lands Stewardship Area Overlay of the Collie a ty Growth Management Plan, Ordinance 89-05, as a I nd d, and to transmit the amendments to the Florida Departrrlen . nomic Opportunity and other statutorily required agencies. adoption hearing. PL20190002292. Mr. Mike Bosi, Plannin oning director, will present. MR. BOSI: Good g, Commissioners. Mike Bosi, your Zoning director. I'm her go over the final step of the adoption process of the Gro th Vanagement Plan. Of course, you know we have a transmitt rocess and then it's followed up by the adoption. So this is a fia,hea 'ng related to the Rural Lands Stewardship program a enents. And I t going to go -- I'm just going to start with where we start transmittal process. This process did start in 2007, w a scheduled five-year review. We also had a restudy that wa nducted, started in 2018, where these amendments were arrived upon over extensive discussion with the community stakeholders and various NGOs. On September 20th, the CCPC recommended approval of the proposed amendments with no changes and a recommendation to Page 14 July 13, 2021 transmit to the Board of County Commissioners a 5-1 vote. In November of 2020, the Board of County Commissioners recommended approval to transmit to the state agencies with a -- with recommendation for no changes, and that was a 4-1 vote. November/December of 2020, the state agencies reviewed a provided three individuals comments. I'll detail those comm the next slide. And in May of this year, the Planning Co ion heard the proposed amendments, had a couple modifica * and, by a vote of 5-1, recommended to adopt to the Board of ty Commissioners. The state agencies that reviewed it were h lorida Water Management District, and their conclusion wa h re was no impacts -- no adverse impacts to water re rces, and provided no further comments. The Florida Fish and Wildlif inments, recommendations, or objections related to the listed s e 'es or their habitat from their review of what was proposed the changes in the amendments. The Florida Depart ransportation came to the conclusion that there was significant adverse impacts to the transportation reso rce�or acilities, and had no further comments. And then, lly, the Florida Department of Environmental Protection co de that no adverse impacts to air, water pollution, wetlands, d r surface waters, federal and state-owned lands or interest of , and provided no further comments. So the main state s reviewed the proposed amendments, and there were no d' Z*nments related to that. ere were three comments, and those comments came from the Department of Economic Opportunity referred to as DEO. Their first comment was to update all the statutory references within the amendment, which has been done, included within your package. Your second comment was related to the provision -- the Page 15 July 13, 2021 addition of a regulation related to affordable housing, and they said establish a definition of proximal and alternative options. The CCPC, acting upon that comment, dictated within Policy 4.75 of the proposed amendments that we provide a definition to determine proximal within the SRA and provide guidelines and standards in the LDC. So if the Board takes action to adopt these amendment-4- next step in the process will be LDC amendments to implem t e regulations that are contained within the GMP amen s. And that particular policy is saying within those LDC ments, that's where those specific definitions and those sta r re going to be contained. Finally, the third comment from the O was fiscal impact analysis, and it was revised Policy 4,1 ne a time frame for fiscal impact analysis. The Pla mission basically said we have a public impact analysis. T t ublic impact analysis has an out -year, a window towards b t. That is the year that we would utilize for the fiscal anal those addressed the three comments that were offer y DEO. And I'll just b iefly#detail a couple of the recommendations and revisions that ca from the Planning Commission. This is related to Policy 3.1 is dictates for Water Retention Areas. Normally a water rete tion a, if it's included within an SRA, would not be included as of the acreage calculation or credit calculation, but if it's p v functional value to the water management system that t 's dependent upon for the Water Management District pe ' , then it will be included within the calculations and the credit calculations. 4.9, basically, is another reference towards that where within -- within a WRA, if it's -- if it's providing functional value to the stormwater system for the SRA, it will be included as part of Page 16 July 13, 2021 those acreage and credit calculations. It's another portion where we indicate that change. Policy 4.7.1, the most important, increasing the size of the towns, but one of the things that was most important was the towns shall include an internal mobility plan and shall include a trans station and a park -and -ride that's approximately located withi t town for public transportation. I know during the review e transmittal and the adoption hearings related to the wally, that was something that has always been an issue in term hether it was determined walkable or whether it wasn't dete d walkable. So we're going to require towns and villages r ain size, 500 acres, we'll require it to have narrative an 1 strations of how that mobility plan will be integrated and t the goals and the intent of the regulations. This is Attachment C. Atta has the specifics of the values related to the regulations fo t ns, villages, and the compact rural development. These ar ting the table to reflect the amended amendments prom in the package. And, finally, this is a nge in the Policy 4.20. Previously public use -- or acreages -,that were dedicated to public benefit were not counted towards the total acreage cap of an SRA. That's being changed. P i b�iefits will now be included as part of it. Affordab ousing is one of those examples. We have a provision Alft affordable housing now has to be provided at 2.5 p f the overall acreage of the SRA, and that acreage, if it's c RU within the SRA, has to be included as part of the acreages. It t count against the credits needed to utilize it or to entitle it, but it will be part of the acreages, and that was one of the final changes that were provided by the CCPC. Another point that was brought to our attention, April Olson had indicated and I had confirmed in the review, Policy 5.1, there was Page 17 July 13, 2021 some ambiguity as to whether the first four land uses were going to be still eliminated from a FSA and suggested that there's a slight clerical almost scrivener error to that, and we're asking the Board of County Commissioners to recognize that there's a scrivener error in Policy 5.1. And we're going to just provide the clarification tha e first four land -use layers that are currently eliminated will co t to be eliminated from the FSA. That's the conclusion of the presentation. We feel Ohe amendments further incentivize the RLSA overlay, p ing natural resources and habitat flowways, retaining agricult nds, planning for future growth and economic diversificatio n e recommend adoption of the overlay and the amendments ' h revisions that were indicated by the Planning Commiss' bu also the revisions to 5.1 that were pointed out by the Corlse There is a number of benefit L contained within these amendments. This program, the program, has been widely recognized by the APA, by v groups, as an innovative and a balanced approach to gr nd when we talk about balance, we talk about the scales. An know in these proceedings we always try to evaluate a numbey►of different factors. And the scales within the RLSA progr are property -right protection, environmental protection, a ri ltural protection. So we have three different areas that e s etimes competing against each other. So we have to weigh th es of what's being proposed. v past 13 years, we've taken painstaking efforts to fi - t et the right program moving forward to improve this pr . And I think these amendments most certainly advance this program moving to the future. Now, we know the future or the buildout date for the RLSA is 30, 35, 40 years out into the future. We don't quite know what that conclusion's going to be, but we do know that we've got periodic M- July 13, 2021 reviews that are contained within the program, within the amendments. So every seven years we're going to be going through another revision, another analysis, looking at the various components that make up this program, looking at those scales of the competing interests and making sure we're trying to find the correct balance, nd these -- and this is a -- this is a step forward and I f t programs p the benefits that are provided will outweigh any of the nega s as to what we may not have gotten perfect, but I think we are:rzt certainty on the right path, and staff s recommending &;option of the program. CHAIRMAN TAYLOR: Commissione _ o COMMISSIONER SOLIS: Yeah, just a u ck question. In regards to that first -- I think the first co nt was regarding the water retention and the calculation of 1 I mean, I'm just curious, when would a -- or how ater retention area not provide a functional value if it's re i ng water? I'm just -- I mean, that just came to me. I'm try' t igure out, when would that not apply? MR. BOSI: It alwa as a functional value. It's when the system is program ed Xithin the Water Management District that actual direction , ome of the flowways to that -- to that flowway. When that's e ithin the permitting process, that's when the WRA is b ug .nto the SRA acreage. COM IONER SOLIS: Oh. So say, for example, there's an e ' t ke that's a natural lake. It's not something that was e as part of the stormwater system or something. Is th -- ould that be an example? MR. BOSI: Lake might -- I think lake probably wouldn't meet the classification. COMMISSIONER SOLIS: Okay. MR. BOSI: And it's -- Page 19 July 13, 2021 COMMISSIONER SOLIS: A wetland. MR. BOSI: An existing wetland, a flowway towards where they were disbursing some of the water that's within the SRA to that -- to that wetland, then that would be included within the acreage. COMMISSIONER SOLIS: Okay. Okay. All right. - r, uks. MR. BOSI: Yep. CHAIRMAN TAYLOR: Commissioner LoCastr COMMISSIONER LoCASTRO: Yeah. Mike nted to just maybe make a couple statements. And first of all, you're really well suited to,le fhe charge on this. I mean, you might be a new employee, b tXs a lot of us know, you've come back here, and you have a to f h story with this. And so -- and I also think you bring a very approach, so I think that's what we need here in the co Vi ,One thing I would just restr you know, I get a little concerned when I hear about ing was adopted or it was taken a look at in 2007 and eve ars we're going to take a look at it and then it's more than fiv ears. So, you know, your statement of in seven years, or what(ver"the amount of time is, let's make sure we do that. I mea qu know, it's a great disservice to this process if we're suppos o to e a look at it every five years and we kick the can for whattev eason. There were some reasons, but I think the reasons w V406w, under your leadership, let's make sure that, you re definitely doing that because, as you said, this is such an im nt program. So I guess better late than never. But, lastly, I just wanted to really stress not only the importance of the RLSA but the misconceptions of citizens out there. You know, when we took the vote on the villages, you know, I explained my vote in my newsletter, and I was flabbergasted how many citizens Page 20 July 13, 2021 who have lived here for 30 years, way longer than me, hadn't even heard of it. You know, they thought we just sort of gave the okay to build on 3,000 acres of land and we killed all this wildlife. And, you know, then when we educated them about how we preserved 12,000 acres and what the RLSA has done over the las 0 years -- so as we continue to improve this process, I think the education piece is -- there's so many new citizens that have ntly moved here, and maybe they don't know the 20-year his f the RLSA, so, you know, it's important to get that word re and correctly. Not just throw it on our website but -- ow, sometimes I see things in the news, and their e o ndbites don't really totally reflect, you know, the entire sto t it's important because this is how we preserve land her . This is how we decide development. I mean, all the things t body in this room knows, but I was really surprised ny folks, you know, didn't really understand it. So as we improve it, you , let's make the education piece an important part howev ow, you see fit, but it needs to be more than just throwing it the website. So -- but thank you for your, you know, work 9n this, and let's make sure we don't miss any of those mileston to blow the dust off it or take another look at it the way we h &nNe past. CHA N TAYLOR: Commissioner Saunders. SSIONER SAUNDERS: Thank you. I had spoken wOlson at the Conservancy, and I received an e-mail from he a question. And I know she's going to address this in her comments, but I want to raise this question with you, and I'll raise the question with representative of ECPO as well. And this concerns the number of acres that are actually going to be preserved and the number of acres that are going to be developed. Page 21 July 13, 2021 And let me just read the question, and this is the question from the Conservancy. Because landowners always have the option to build one -- build at one home per five acres, is it possible that more than 45,000 acres of the RLSA will be developed and there will be less than 130,000 acres in preservation? If you could address t I think that would be helpful. MR. BOSI: The direct answers to that is yes. There t certainly is going to be a cap of 45,000 -- 45,000 acres o npact urban development, the type of development that yo get when you utilize credits. But if you have a landowner r 15 or 20 acres that has agricultural property that isn't i e in joining in this overlay, they have the right associated wit t at and to develop one unit per five acres. So there can be some leftover qev t. One of the things that we've talked about with the C ncy -- and we've talked -- and I think I wanted to ra e ith the Board today would be that's another area we think, d he next restudy, that we can maybe take a better tack CHAIRMAN TAYL Yeah. MR. BOSI: What is the leftovers? The leftovers, is there a better way that fan incentivize those leftover lands that aren't within that 4 0 60tprint but we don't know has the development rights asso iat ith it? Is there a better way that we can incentivize to participate in a similar type of program, or what's abet gy? I don't quite know what that is right now, but most c here could be. MMISSIONER SAUNDERS: Okay. And that may very well be something for our staff to -- as you said, to answer over the next several years. Thank you for that. That's all for right now. CHAIRMAN TAYLOR: Okay, good. Well, I have a couple Page 22 July 13, 2021 of technical questions. In the executive summary, under considerations you talk about develop a regional water partnership to address regional water matters. Who's going to be partnering in that? And, certainly, it's on the minds of all -- everyone that I talk to about the development. We don't have enough water. How are e going to avoid building desalinization plants and the price of going up? Who's going to be involved in this regional watt partnership, or do you anticipate? O MR. BOSI: Well, I wouldn't have the exact ch rs within it, but we know we would start with the Water Ma ent District. We know we would start with Collier County it s. We know that we would start with the property owners, know we would start with the NGOs. All of the interesteiNroups that have vested stakes within those eastern lands neid ought to the table and discuss water availability and thew, e that we can maintain the levels of service that we need to b a e to provide adequate water supply to the populations that ve today but the populations that we know we're proj ectin we look out to the future of the buildout of Collier Count You're talkin aboywt 8 0,000 to a million people. So we need to have a strate And I think we -- it's not like we're devoid of any strategy. B e h e to have a better coordination amongst all the players fr t tate level down to the local level to make sure that we're addr that in a holistic way that we can give the greatest conour future citizens that it's not going to be an issue, and t �e got the information we need to tackle the problem. AIRMAN TAYLOR: No, I think our -- under Dr. Yilmaz, I think we definitely have a plan, and I think it's something that in your -- with your ideas, we need to start promoting that and making folks understand that for maybe six years we have -- this plan has been out there. So this is good. Page 23 July 13, 2021 Okay. And then can you define proximimal [sic] SRA? What is that? MR. BOSI: No, I can't exactly, but the LDC process that we're going to engage upon -- CHAIRMAN TAYLOR: Okay, good. MR. BOSI: -- hopefully after this meeting, we will hav specific parameters of what the proximal is. At CHAIRMAN TAYLOR: Proximal, okay. I said imimal. Proximal SRA, good. So we're going to get that def or us? MR. BOSI: Yes, ma'am. CHAIRMAN TAYLOR: Thank you ve MR. BOSI: Thank you. CHAIRMAN TAYLOR: All right. ny other questions from here? (No response.) CHAIRMAN TAYLOR: Al' r ht. At this point we have some public comment and sp MR. MILLER: Ye , . We have 16 registered speakers for this item. Your first ker will be April Olson. She's been ceded additional time fVm Julianne Thomas and from Ellen Murray. She will have a 1 of nine minutes, and she will be followed by Al Reynolds an n • san Calkins. Give me just a minute while I find her -- CHA N TAYLOR: And we AUV, T.-ER: Which one is it, April? LSON: Right here. Can I click on it? R. MILLER: Absolutely. 'MS. OLSON: And then let's go from the beginning. Why is this not working? There we go. Okay. Good morning. CHAIRMAN TAYLOR: Good morning. Page 24 July 13, 2021 MS. OLSON: April Olson here on behalf of the Conservancy of Southwest Florida and our over 6,400 supporting families. And thank you for this opportunity to have our final comments on these RLSA amendments. And, Commissioner Saunders, thank you for raising that question, I really appreciate it, and for -- Mike for clarifying smfc issues and bringing up that scrivener's error. The existing RLSA program has some really great, protections: 90 percent of the 90,000 acres of Flowway StewardsAAreas, Habitat Stewardship Areas, and Water Retention sorry, are protected from residential development. Thi to the regulations within the existing Group 5 policie a d Area of Critical State Concern policies shown on this slidi-S T ese policies protect those lands by restricting uses and sjg limiting land clearing. So the program isn't en ek Iuntary, contrary to what has been stated at many of the R eetings. The map on the right sho t spatial extent of the minimum amount of protected Ian is green, to maximum lands that could be developed in tho ands in yellow. This deal was stru* many years ago in exchange for giving landowners the ortunity to build compact, more cost-efficient towns and vi s 1 the pink open areas at a much higher density. Our revie of RLSA focused on the lands that were truly vulnerable velopment and don't have those built-in regulatory protectic_ hich are those agricultural lands in the pink open areas. o' we provided the county with a solution to protect those vu14 ble lands. Our plan -- or you'll likely remember this map. It's our vision master plan for the RLSA. Our plan has the potential to protect over 47,000 acres of Primary Panther Zone habitat, and 41,000 acres of agricultural lands within those vulnerable open areas. Our plan would achieve the RLSA's goal of directing incompatible Page 25 July 13, 2021 uses away from habitat and our plan would create an overall more compact, less sprawling plan than the existing plan. So fewer miles of pipes and roads would be needed, thereby saving taxpayer dollars. But Eastern Collier Property Owners, or ECPO, didn't like our plan or our map because they already had in mind where they wa ed to build and even knew where a new billion -dollar road netw would go to connect 45,000 acres of their new towns and v es as you see from ECPO's 2008 map. O So, unfortunately, our plan didn't make it into th �endments. Instead, ECPO endorsed a different plan, a plan th out 13 years old. Except for a few minor tweaks, the ame s efore you today are based on the 13-year-old amendmen c 11 d a five-year review. They ignore much of what we 1 ed over the past 13 years. The amendments before you d1N, for an even larger, more sprawling towns and villages, th vide zero guarantees that restoration will be done and d ht because those R1 credits are still in existence, they co o place much of the burden of the infrastructure and road co on taxpayers, and the most important panther habitat are s arp►sti 1 not protected. And, by th y, Item 11 E on today's agenda provides evidence that taxpayer g ' g to be paying for these towns and villages. Item 11 E qLai ere's a need for a rate increase for water -- for all water/sewe rict users. The item says that the rate increases are need due to new capital facilities and infrastructures. And, a w, 100 million -dollar -plus water and wastewater plant is be uilt to serve ECPO's towns and villages. But now back to those vulnerable agricultural lands. Here is a map of the different types of agricultural lands within the open areas. The open area is a massive area larger than the land mass of Tampa. The orange areas on this map are citrus groves. The green are row Page 26 July 13, 2021 crops and pastures. Not only do these farms provide food and jobs, but they also provide water recharge, habitat for listed species, habitat connections and flood risk reduction for our area. So there are many reasons to protect these lands from premature growth, as the RLSA goal requires. Oops, sorry. The shaded pink areas on this map provid tl spatial extent of a 45,000-acre footprint for SRAs, which ar at the amendments propose, which is about equivalent to two 0 Lauderdales, so it's no small potatoes. But as you c , outside of those pink areas there is still a tremendous amoun ditional agricultural lands that are vulnerable. Those t 4 ,000 acres of lands that we are most concerned about being n e ed to even more development, because landowners have tlAAbta eline right to build at one home per five acres in the openja ch is what Mike was talking about. No matter what a is you, RLSA owners, ECPO and non-ECPO landowners e the right to build one per five acres if they so choose. But ECPO says, do ' . In their campaign and website, which is ironically called e Truth Matters," they state, quote, more than 130,000 acre.*, 1 times the size of Corkscrew Swamp, will be protected at ost to the taxpayers. The 130,000 acres they are talking about' lu those 90,000 acres of FSAs, HSAs, and WRAs that I men 'one re almost all protected through the existing Group 5 policies- th re, the additional 40,000 acres of those are for the vuln ricultural lands. s yet another statement by ECPO rep at the recent Planning Co fission hearing. Quote, and if -- and if you adopt these amendments, three out the four acres is not going to be developed either for natural resource protection, wetlands, uplands, water retention or agriculture, end quote. We remind you that two-thirds of these lands are already protected by existing policies. Page 27 July 13, 2021 And here's ECPO's pie graph which they provided at the recent Planning Commission hearing, and they have shown similar versions of this at numerous RLSA workshops. The graph on the left represents the existing program. It shows that 87,000 acres of lands can be built within the RLSA, but the right-hand graph shows th 'f the recommended amendments are adopted, only 45,000 acre r d be developed. There would be no other development be 45,000 acres. All other acres would be protected. So the question is, can ECPO keep their promis would be difficult since ECPO doesn't even own all the Ian claim will be protected. See the blue areas on this map . e re over 12,000 acres of non-ECPO lands in the open a a , a ove and beyond 45,000 acres worth of towns and villages, is is represented in orange. So has ECPO given away of e's property rights? What if those other landowners choose t ild their lands at baseline development? Also, ECPO out 29,000 acres outside of their proposed 45,000-acre de ' nt plan shown in red. Is ECPO willing to place all of thei maining agricultural lands in preservation once that *4, 00 credit cap is met or 45,000-acre cap is met? While thNyo ldn't keep their entire promise, it would sure at least show th tacting in good faith; however, we suspect they will still k e 3'r baseline rights. You e to have all the facts. Contrary to what is being adve e believe that with the amendments, there's no way to e t t those additional agricultural lands will be protected. We be v that these amendments would still allow development over 45,0 0 acres. If we are right, then the truth must come out so that the conversation can go forward to be open and honest. And Mike told you that those one -per -five lands are still vulnerable. But we Page 28 July 13, 2021 need -- if they are vulnerable, which we know they are, we need to work on a plan to protect those lands. The 2002 board and the public was fooled once into supporting a plan for the RLSA only to later find out that the program allowed 250 percent more development than they were promised. We carat let that happen again, and we must go into this with our eyes+' After all, the truth really does matter. Thank you. O MR. MILLER: Madam Chair, your next speak AI Reynolds. He's been ceded additional time from nie Schaffer. Raising her hand. CHAIRMAN TAYLOR: I'm sorry for a e ond. Excuse me, Mr. Reynolds. Ms. Olson, I made a mistake. , C oner LoCastro has a comment. 91po MS. OLSON: Oh, sure. CHAIRMAN TAYLOR: estion. COMMISSIONER RO: Hey, April. MS.OLSON: Hi, missioner. COMMISSIONEILoCASTRO: One comment I want to make, and then have a question for you is, I really respect you and your org 1 ati 's professionalism. You know -- MS. QLS Thank you. COM IONER LoCASTRO: -- what makes democracy grea s and balances, and we're going to hear some other t r today. Sometimes it doesn't have that same sort of, like, w it, congeniality, you know, type of thing, I guess, and maybe there's other better words for it. But coming here and working together, I think, is important, and keeping it professional. I guess the big question I have is -- and I think you answered it. I just want to hear you confirm it or correct me -- is if there was one Page 29 July 13, 2021 thing that's the biggest concern you have in the way that we're going forward is the 14,000-acre delta that you think is still vulnerable; is that correct? MS. OLSON: Forty thousand acres. COMMISSIONER LoCASTRO: I'm sorry. Yeah, I wro down there 45,000 acre that we don't -- that we maybe don't e right verbiage in there that's strong enough for you to feel e ed that that that acreage is, no kidding, protected. Is sort Q big thing? You know, you mentioned a bunch of other t , but I was like, you know, what would be the one thing? MS. OLSON: Yeah. Well, the amend t o propose agricultural SSAs, okay, and those will protect o e of those lands. But what we need is an open and honest c ve sation that landowners still have the opportunity t one per five. And once you have -- right now there's ch of a road network out in the RLSA. When you have 45,0 res with the towns and villages, you're going to have t ad network; you're going to have the businesses all to dra say to entice one -per -five development. So landowners stilloare going to have that right, and there's several, like I A" ed, landowners who own land out there besides ECPO. So i eds o be an open and honest conversation that these lands are v lne le to development, that it's not going to be just 45,000 acr . SSIONER LoCASTRO: Right. 3)wOLSON: And we don't think it should be any more than 4 1acres because it's already been increased far beyond what the public was told when the program was adopted. COMMISSIONER LoCASTRO: Well, let's make sure we continue to have that open and honest conversation. Like I said earlier, I'm very surprised how few people -- or I thought there would Page 30 July 13, 2021 be more people, especially those that have, you know, grown up here, and, you know, constantly remind me they've lived here for 40 years, and then when you say RLSA, they say, what is that? So continuing to educate on how we're improving the RLSA, but it doesn't mean that we should just walk out of here and then in seven years we regroup. This should be a very fluid conversation. And, you know, we can always come back to the table time. You know, there's nothing tapped in stone tablets that s ou know, we can't continue. So, you know, I encourag and it sounds like you already will be working with Mik our staff. And, you know, everybody wants the same th' is is as strong a process as possible. Nothing's flawless or per c , but I think everybody would look at the RLSA and ae t at it's done a lot more positives, you know, than negatives. I mi4n, I don't think anybody can debate that. But there's alway,% witknow, things that can be stronger. But you know, I'll o b c to m first comment where I g �y � gy just really appreciate, you kno r professional approach to, you know, work with someb maybe -- maybe you disagree with or maybe, you know, you e some, you know, other views, but we're not going to be ale to make anything better if we don't come together like tha . So thank you very much. MS.V eah. CO NER LoCASTRO: And, you know, I appreciate your comm this morning as to where there could be some gaps or just som tening and, you know, we'll continue to work that, you kww,,,vth your leadership, and also, obviously, with Mike's, and our team. Thank you. MS. OLSON: Thank you, Commissioner. I appreciate it. CHAIRMAN TAYLOR: Commissioner Saunders. MS. OLSON: Oh, sure. COMMISSIONER SAUNDERS: Actually, I have a question Page 31 July 13, 2021 for Mr. Bosi and a question for the County Attorney, but stay at the podium, if you would. MS.OLSON: Okay. Sure. COMMISSIONER SAUNDERS: Obviously, on the 45,000 acres, that's kind of creating the conversation right now, and if property owners have a right to develop at one unit per five a e have the Bert Harris property -rights law and other laws in 'da that kind of guarantee that those rights cannot be taken is that correct? MR. BOSI: Correct, yes, sir. COMMISSIONER SAUNDERS: All r' t. o ou're thinking about in the future developing some s rt of incentive plan to deal with that 45,000 acres. My questio , in order for individuals to develop at one unit per five acres.o ,000 acres, what type of a road -- a county road network, ave to be developed for that, just in general? Because I'm exactly sure where that 45,000 acres is and how you would MR. BOSI: There' t endous amount of variables. But I think what -- the point tha as trying to be made is after the 45,000 acres of compact u ban,04evelopment has been developed and the major roads -- t ig Cypress Parkway have already been imported and develope 1 to e system, the system has a more functional network. Wit that, you could have spines off of that network to be able to r those individual -- individual acres that are still zone tural, not part of the program. ouldn't give you the specificity, but it would be one -offs of th sting roads network that services the towns and villages that are going to be developed that could provide those opportunities. COMMISSIONER SAUNDERS: That's kind of the question that I'm asking is: Those roads that are going to be necessary to service those villages, what roads are those that we're talking about? Page 32 July 13, 2021 You mentioned Big Cypress Parkway. What other major roads would have to be built to service those villages? Because the villages that we've just approved, they already have access. MR. BOSI: Yes, yes. COMMISSIONER SAUNDERS: And they don't really ne the Big Cypress Parkway necessarily to have access. What I' se talking about is the 45,000 acres. And I see Trinity Scott's MR. BOSI: Yeah, I was going to say, we're getti the 2045 LRTP and beyond. I will turn to our deputy h transportation to give a little more specificity in to what those -- where those major roads would be ex to MS. SCOTT: Thank you. Good morni rinity Scott, department deputy head, Growth Manage�nt ode. So we plan for growth based to.2 r�So based on what we have within the 2045 long-range ; . is what we're anticipating. As Mr. Bosi talked about, th e fshoots of if someone wanted to do the one -to -five off of a niawmroadway, that would be private that they would have to fheir own. So those -- unless they were included within thrina -range plan, it would be open to the public, which wou d beds policy decision by the MPO board and ultimately the B d of County Commissioners. COMM O R SAUNDERS: And my question really is, what are t ose jor roads that would have to be developed that those prop wners could tap into? I understand Big Cypress Park SCOTT: It would be our existing major roadways that we ha at are identified in the long-range plan. You have Oil Well Roa , Immokalee Road, Everglades Boulevard, Randall Boulevard, et cetera, those major collector and arterial roadways that, for the most part, already exist within the Eastern Golden Gate Estates area. COMMISSIONER SAUNDERS: So on those roads that would Page 33 July 13, 2021 be necessary, again, looking at the 45,000 acres, we would have to build those roads to -- extend those roads to create that access, or is it -- or is the existing pavement all that's necessary? MS. SCOTT: I couldn't tell you that. So we only plan through 2045 for the roadway network. And each -- as you know, from Long -Range Transportation Plan, every five years we do a 4'at .( update to accommodate what growth we anticipate comin next, you know, five years. So as we go through those additional iterations i future -- but as of right now, we have identified -- e most part, it's within the existing roadway network, and 'r so working closely with the residents of Golden Gate Esta s, he rural Golden Gate Estates, to try to maintain those roa s at four lanes and not go to six -lane facilities throughout t�e Gate Estates area. COMMISSIONER SAUND kay. And a question for the County Attorney -- and I've as is before, but I just wanted to make sure I understand this. usly, if we build the road, we have an obligation to ma' i and maintain traffic flow on it. But do we have any obligatio extend roads, to build new roads? MR. KLATZ OVA o. COMMISS ER SAUNDERS: Okay. So the issue -- and this is not an 'set t this board's going to be dealing with. This is going to c e in somebody else's lifetime not, perhaps, our political li here. But the point is that this board will be maki ' ions as to whether or not to extend roads, build new a?n we don't have a legal obligation to do that. That will have act on that 45,000 acres, I would suspect. But that was the point of trying to raise that. MS. OLSON: Can I make one follow-up statement on that? COMMISSIONER SAUNDERS: Please. MS. OLSON: That 2008 map that I showed you, that roadmap Page 34 July 13, 2021 from ECPO, we calculated all of the new and expanded roads that would be needed to accommodate their vision, and there's 200 miles of new and expanded roads to connect the towns and villages. COMMISSIONER SAUNDERS: That's what I understood. MS. OLSON: Yeah. COMMISSIONER SAUNDERS: It sounds like, accor the County Attorney, we don't have to build those roads. - MS. OLSON: It's good to know that -- what the p�an- COMMISSIONER SAUNDERS: I'm just plan ' at seed for the future. MS. OLSON: Sure. Thank you. CHAIRMAN TAYLOR: Okay. Mr. R n 1 s? COMMISSIONER SOLIS: Well -- CHAIRMAN TAYLOR: Oh,�I' Commissioner Solis. COMMISSIONER SOLIS: an. I was just going to -- and more a question for Mike alo same line, that -- I mean, a landowner, they have th ' .� build one per five and put in their own roads. I mean, we h private roads all over the Estates, right? I mean, that's one way 9rf getting access to their property. MR. BOSI• hat most certainly is an option where the individual -- e ro erty owner will bear the cost of the road that covers wit in roperty and also pay his proportionate share in the impact fee are going to be associated with the houses that even ill come out of that development. MISSIONER SOLIS: Right. And that's the impact on th sting -- maybe on the existing roadway, if we're not going to buil any new ones. So that -- the county not building the roads doesn't necessarily prevent these landowners from not developing at one per five and selling lots. MR. BOSI: No. The requirement for proportionate share, the Page 35 July 13, 2021 availability of proportionate basically says that if that property owner pays their proportionate share of the volume that they're going to command on that future road, they have satisfied their requirement to pay for that growth. Now, the other portion of that cost would be associated withlbe county, and that would be part of the CIP process to identify &11 of a Long -Range Transportation Plan, bring it to the 5- to 1 ar plan to where the out -years become a little bit closer, th ificity and the details of the need for that road become a litt re defined, and then bring it into the first five years where the s planned, financed, and identified. COMMISSIONER SOLIS: And from a - i seems to me from a -- from a planning perspective, too, I thijA th re's an agenda item on the summary -- or the consent agen 4 r, where we're having to go in and, on an emergency ba i CHAIRMAN TAYLOR: It o our -- were going to hear it. It's 11 C. It's on our -- COMMISSIONER,QS, Oh, it's 11 C. It's on the regular agenda. Yeah, we'll hear t later. I mean, that's --you know, that's a different kind o�ocost. But, okay, I just want to clarify that. Thank you. CHAI 'XYLOR: And I'm not trying to be facetious, but to me is cept of how we develop out there with these five -acre ra ttes is similar to years ago. They used to call them squatt . i , ou know, they'd go out, and this is the land, and they wadd;, boy the land, but maybe way back then they didn't buy the lard. But it's this idea that when you create these attraction centers, people will come. And, unfortunately, roads and towns are every bit of that. MR. BOSI: Well -- and April painted the picture of the future. That's towns and villages. That's economic activity, that's social Page 36 July 13, 2021 activity that's further defining the community in a way that we think is balanced. We think this program provides for the set -aside from an environmental protection. And then the allowance for each one of the infrastructure providers sitting at the table and saying this is what I'm going to need if this town or this village or this side's gdi g to be provided for. The economic development opportunities, we've allowed. for the Florida targeted industries now to be identified within t e SRAs and be promoted and developed, because the econo elopment of the eastern portion of the county has an effect a ositive effect upon our transportation system in the revenue t need for that transportation system, because when you put j s, s rvices, economic opportunity towards the east, those com 'ng patterns start to change. And when those commuting start to change, you decrease the road miles traveled f 'ndividual to satisfy all those needs. So in that future, if those 0 acres of towns and villages come to fruition, we havea-,' x4nt economy in the east to provide opportunities so we have a�°more balanced approach towards how our commuting pattern an�*how our transportation system can work. So that's where land -use planning is in combination with our transportatio nn g, and at the end of the day that is good planning. CHA N TAYLOR: If you had three commissioners that woul ith it. BOSI: Yep. AIRMAN TAYLOR: Thank you. 'MR. MILLER: Your next public speaker is Al Reynolds. He's been ceded three additional minutes for a total of six minutes, and he will be followed by Susan Calkins and Gaylene Vasaturo. MR. REYNOLD S : Good morning, Madam Chair -- Page 37 July 13, 2021 CHAIRMAN TAYLOR: Good morning. MR. REYNOLDS: -- members of the Commission. My name is Alan Reynolds, and for the last 23 years I've had the privilege of representing the Eastern Collier Property Owners in the process that led to the creation of this program and, since then, our review an culminating with our hope for a vote today to adopt these soe amendments. 'V And if I may, I'd like to tell you who Eastern Colli Operty Owners are because, you know, we talk about ECPO PO is actually made up of 12 different families and co m that represent the agricultural legacy of Collier C t A ico, Inc.; Barron Collier Partnership; Collier Enterprises C n olidated Citrus; King Ranch, the English Brothers partner 'p; argulio; the Half Circle Ranch; the Heller Brothers Pic any; JB Ranch; Owl Hammock; Pacific Land; and the d Family Partnership. One of those members, the nch, who you know, Russell and Liesa Priddy, were just h by the Florida Cattlemen's Association and receive and for outstanding stewardship for a ranch in the state of Flori or 2021. And if you haven't had the chance to visit so e ofAese properties -- I know the Priddys are very proud of w they've been doing to really demonstrate what stewardship i a a t. And it lly is a privilege to represent this group. And ECPO sup the amendments. They support the staffs efforts to reac o onsensus in bringing forward enhancements to the 'NXPO is committed to the Rural Lands Stewardship program. To cfate they put roughly a third of their land into Stewardship Sending Areas, and they have done that at a rate that far exceeds the market demand for credits. And that was the goal behind the program is to get the environmental protection in place in advance of July 13, 2021 the potential for growth as it occurred in Eastern Collier County. So there are a lot of credits that have already been created by protecting land that are being held in reserve for a future that could be 80 or 100 years before we see these final numbers that we keep talking about. So, yes, it's been pointed out that the amount of land that w protecting just for natural resources and agriculture is about 1 s Corkscrew Swamp. It really is important to understand th le of what this program is doing through incentives as oppose regulations. Ik There are some really important enhancemen ese amendments, and sometimes we get down int e nutiae. But let's not forget, with the adoption of these ame e ts, we will have the potential to protect another 40,000 acr of agricultural land that will be kept permanently in agricultWr tion, and that is all done through incentives and the c tem. And the other significant add e natural resource side is the creation of two new panther c rs that, combined, equal the size of Pelican Bay, and thos designed specifically to create o interconnections so that p ers can move through the landscape of these protected are s. those corridors do not exist today. So these ar ally important enhancements to the program and, frankly, there r pr erty owners in Eastern Collier County that have not bQn to participate because the agricultural credit was -- or th entive was not as good as it needed to be to convince prop ers to give up their valuable rights forever and stay in a t . But rest assured, there are property owners who are very in e ed in seeing these amendments adopted and implemented because they plan on putting land into agricultural SSAs. They're not developers. And, in fact, of the 12 entities I mentioned, two of them actually develop land. The rest are farmers and ranchers. So it really is important to do this. Page 39 July 13, 2021 The county staff has done an extraordinary job in this process -- because this does go back to 2007. This is literally the adoption of enhancements that we started working on 14 years ago -- but to take it through the process of more than, I don't know, 70 public meetings that I've counted with all the different stakeholders and to arrive at amendments that create a balanc c approach to enhancing a program that is already working well by everybody's eve bod 's acknowledgment. g So I really just want to ask you to support these epdments. Bill McDaniel served on the committee, those ma rs ago, that actually worked through the rigorous process co n up with these enhancements. And, you know, it is time for s o move forward, to put these amendments in place, to work o e and Development Code, and work with some of the otke hat have been raised. And, you know, no program is pe%�U just remember, this is still an incentive -based program. So t e onversation about retaining one -to -five rights, that was th ock of the entire design, which is you have to start by sayi rty owners are not giving up their rights without some way etting some benefit for that. So, yes, some of tl ose rights were removed through Section 5, but the tradeoff s to have a program that works for property owners. So th k �i�i very much to you, to your staff. This has been a long pro t it's one that I think is culminating in a good decisi `1'd be happy to answer any questions. AIRMAN TAYLOR: No questions. Thank you very muc . MR. REYNOLDS: Okay, thank you. MR. MILLER: Your next speaker is Susan Calkins. Three additional minutes from Alison Wescott, and she will be followed by Page 40 July 13, 2021 Gaylene Vasaturo, and then Meredith Budd. MS. CALKINS: Good morning. And I am providing comments from the League of Women Voters this morning. And I am Susan Calkins, as was just stated. As we have noted previously, the Collier League of Women Voters has a long history with the RLSA program from its in through the RLSA restudy in 2009. We continue to be co tted to getting the RLSA overlay revised to meet its goals: Pr ®e agriculture, direct development away from wetlands 'sted species, and to avoid sprawl through innovative pl As we expressed last November, these a n s, which has been stated, are almost entirely the 2009 five- a review recommendations do not accomplish all t 's needed. Rather, we feel, they add unnecessary credits to t , they increase the development footprint, and they d dress the critical need to revise the overlay so that habitat i ' ied as essential to the survival of the panther, and thus other c s, is protected. We voice some of o erns again requesting that you, first and foremost, recalibrate credit system. It's already apparent that program will generate fw more credits than can be utilized. Currently, over of the available credits are committed, yet development 1 in e RLSA has essentially just begun. As th sta 2019 white paper recommended, the relationship between a e credits, the 404,000, and the development cap of 4510 needs to be recalibrated. To help bring that program b alance, we need to stop awarding credits to landowners for si 1 designating lands for restoration. Policy 3.11, restoration designation credits should be eliminated. Credits should only be awarded after real restoration has taken place. Further, to bring the program into better balance, we also need to increase the number of credits required for each acre of land Page 41 July 13, 2021 developed. The proposed amendments change that requirement from eight to 10 credits, but earlier staff reports recommended 14 credits per acre. I think we know why that balance is important; because when we reach the program's limit of 45,000 acres of development, the !kv will be too many credits left over. And then what? Will the developer be left with worthless credits or the landowners ft with worthless credits? Will the county be pushed to develop, Rio very lands the program is designed to protect? Don't put the burden of dealing with a faulty system on future generations and commissioners. It wo i e to get it right now. Secondly, I think -- we think we sho reject those amendments like 4.71 which increase the size of Jo " , villages and compact rural developments, as these amenwill increase sprawl, not avoid it. Staff in their March 9th amendment stated that there's no rationale for increasing the e f RSAs [sic] rather than increase the footprint of towns an ' 1 's, create a minimum and a maximum density. N";" Thirdly, rejec Polwy 4.72, recommendations to increase the size of a village to 1 acres in the Big Cypress Area of Critical State Concern. T ' 's i ortant because villages of 1,000 acres in the Area of Cr'tica ate Concern are contrary to the state directive to protect the as and contrary to Growth Management Plan Policy 4.21, emits development in critically -- in critically important s ter and wetland systems. In this case the OK Slough. d, lastly, we just talked about wildlife corridors. We need to iden ify specific wildlife corridors. Policy 3.11.2 concerns credits for panther corridors, but it fails unless the corridors are shown in detail on the map, and credits are not awarded until all segments of the corridor are protected by a sending area. Page 42 July 13, 2021 In conclusion, before you vote today on the RLSA amendments, we hope you fully consider the future ramifications. The RLSA was meant to be a plan to protect agriculture, our wetlands, and our wildlife, not merely an economic development plan for Eastern Collier County. As currently proposed, it will not meet its objectives. We hope that you will not accept all these recommendations but, rather, select those that you realize ar itical to the program. Thank you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is G n laturo. She'll be followed by Meredith Budd and then Marle o acello. Ms. Vasaturo's been ceded additional tmelrom Loralee LeBoeuf and Patricia Forkan. She owi a total of nine minutes. MS. VASATURO: Sorry. orning, Commissioners. I'm Gaylene Vasaturo. I have a c e comments -- couple matters that can be easily -- can be add with very limited -- very little delay. But first I wanted, .grrie of the comments, I wanted to thank Commissioner Saun4ers and April Olson for raising the matter of preservation of 130#0 acres of open land. ECPO's pr 'se of preserving 100,000 acres of open land -- 1301 cre , 10 times the size of my Corkscrew Swamp, is based on 14 , 00 acres of the open land being preserved in ag SSAs, and owns over -- well over half of those 40,000 acres. would add to what's already been said that -- ask ECPO to hind their promise by agreeing to relinquish their rights to de one per five acres on their open land that remains after deve opment of 45,000 acres. Now my comments. First, preservation of open land is also one reason why it's important to limit excess credits. The amendments will create far more than 404,000 credits. If you don't take steps to Page 43 July 13, 2021 limit excess credits, then the RLSA program will not accomplish its goals, especially the goal to preserve ag land. The county's August 2020 credit analysis on which these amendments are based significantly underestimates potential credits. All in all, there could be well over 500,000 credits. The analyse contains many errors, omits several categories of potential cr and writes off over 44,000 credits with no reasonable basis oing so. And I'll give you some specifics on that. That's ju Oisual aid that -- I'm going to speak on that. But more specific he county's analysis estimated over 448,000 credits coulibe c It reduced this number by first writing off 20,000 restorn di s -- you can see that I have that in the first line there -- bes , according to the analysis, these credits are subject to subst ial variation. Then the analysis subtracted another 3,500 crud o to 425,000, which was explained as this is a reasona ate. And then, lastly, the analysis a racted another 21,000 credits to match the 404,000 credit c&its ng that this reduction was just a .04 percent reduction in , but that was a math error. Actually, it's a 5 percent N ction, so that's much more significant. So in addition theAounty's calculation that the amendments could create 448 over 448,000 credits is based on errors and omissions. ex ple of an error, the county's analysis only assigned fur c its per acre for restoration of wading bird habitat when the P 3.11 provides 10 credits per acre. That's at least 1154 s that weren't counted. then the analysis does not consider any base credits for re ion potential nor any credits for restoration of Water Retention Areas, which the amendments will now allow, nor base credits for ag SSAs. These amendments create so many excess credits that the problem is, ECPO will have enough for 45,000 acres of development and reach the 404,000 cap with no credit incentives 01- i i July 13, 2021 left remaining for the -- with no credit incentives left for landowners to preserve the remaining 40,000 acres of open land. And without the -- and perhaps without the need to restoration or preserve panther corridors, because these items are always left till last. Contrary to what ECPO is promising now, instead of 40,0 acres being preserved in ag SSAs if the credit cap is reached, of these or many of these lands are more likely to be develope one per five acre. And I strongly encourage you to work, a r Bosi suggested, to figure out what we can do on that. But also excess credits will lead -- eventually o pressure on the county to repeal the cap to allow more de n , to allow -- to really then -- oh, we need to meet the RLSA g 1 , so we have to have more credits so we can preserve the 5 land. Any of those things can happen. Correct the errors, omissions, ite-offs that I've talked about, which is -- and then recalib t increase the number of credits required per acre, and you ca ' scantly reduce excess credits, and that will help preserve a And then second, I'd you to remove the revisions to Policy 4.72 and 4.21 that 'ncre,*se the allowable size of villages in the Big Cypress Area o itical State Concern to 1,000 acres. A 1,000-acre village is co a t he purpose of Policy 4.21 to protect this Area of Critical tat oncern and detrimental to the purpose of the recently en Florida Wildlife Corridor Act. olicy 4.21 says, villages are not to be more than 3 And then -- and then I'll quote, provided, however, that tw ages or CRDs of not more than 500 acres each shall be allowed in areas that have frontage along State Road 29 and that as of June 30th, 2002, had been predominantly cleared as a result of ag Group 1 or earth mining and processing uses. There's no discussion or explanation in the entire record for this increased village size in the Page 45 July 13, 2021 Area of Critical State Concern. The county staff stated in its presentation of the amendments only that this revision was just retaining the existing 1,000-acre limit for villages within the Area of Critical State Concern but this is incorrect. 4.21 restricts, as I just read, restricts village sizes to 500 acr and only allows two such villages. It restricts the developmer this area to protect this Big Cypress Area of Critical State C ern, the Okaloacoochee Slough area. And, really, allowing 000-acre village in this area would be inappropriate for the rur racter of the area and be destructive to the water resources onal significance. Also, about two weeks ago the v o signed the Florida Wildlife Corridor Act to establish a wi li e corridor from the Panhandle to the Everglades. Big CypreAlYea of Critical State Concern is shown as part of that cordVereis a map. All the traffic, noise, lights, and people th esult from a 1,000-acre village will be a big deterrent to ' e, especially panthers. So I ask you to -- ask yo i you sacrifice the protection of this important regional w ystem to allow a 1,000-acre village -- a 1,000-acre be m community for Broward County to be built? I ask yo to Vject this increase in village size for the ACSC. Thank MR. MI R: Your next speaker is Meredith Budd. She'll be followed y Monacello and then Fasian Venegas-Ramos. MS. Good morning, Commissioners. Meredith Budd on b he Florida Wildlife Federation. As you know, the F ildlife Federation was one of the organizations that was in d in the 1997 litigation that led to the creation of the Rural Lan s Stewardship Area program. So the Federation is wholly committed to ensuring that the intent of the final order is realized and that the initial intent of that litigation itself is realized as well, to ensure large landscape -scale preservation across a large vast I' 1=6 July 13, 2021 landscape of land that is largely privately owned protecting agricultural fields, forests, and critical wetlands. These areas are already zoned to be just like Golden Gate Estates sprawling development, and that will come along with all the impacts that we see happening in Golden Gate Estates that -- to wildlife and to water quality, catastrophic wildfire. The amendments before you today for adoption present4 brighter future for that region, and it will lead to perma 0 protecting up 134,000 acres of land to support habita ildlife, provide corridors, and, of course, at full participat' this voluntary program, that's what we want. We want to incentivize landowners to opt 'n ecause that 134,000 acres is only preserved at full pa i i anon. That's what this is about, and that's what the RLSA in mendments today are about. It's an admirable investm eservation and conservation. It will be the big e rvate preserve east of the Mississippi. Since its establish �) LSA has already proven its worth by protecting over 55,000 es at no cost to the taxpayer. It's a voluntary program wheye higher density development is directed to areas of lesser e ' onmental value. In exchange, the landowner commits to p s rve arge landscapes of higher environmental value. And these res ed lands have the opportunity for restoration. That would be n nded otherwise without this program. ndments, which were the result of meetings, consensus b mong stakeholders, they enable incentives to protect fa ds, create wildlife corridors, a more fair credit exchange. In fact, we worked with staff to address that R1 credit issue. Is R1 credits eliminated? No. But is it more equitable now with these amendments? They will be. They are similar to the five-year review amendments, and that's Page 47 July 13, 2021 a good thing. These amendments were vetted. These five-year agreements [sic] were vetted through a very public process, and they enhance the program, providing unprecedented landscape benefits on private lands. They will allow the program to be more equitable and will lead to a greater preservation footprint across Eastern Collie County and for the region. The Federation appreciates all of the opportunity we've4d to engage with the county as well as the other local stakeh IQ to ensure that these recommendations before you today nable the greatest preservation outcome on the landscape, a do look forward to working with the staff as they wor r h the LDC language to implement these changes. So we urge you to adopt the amend is before you today, and thank you so much for the time. CHAIRMAN TAYLOR: I uestion, Ms. Budd. MS. BUDD: Of course. CHAIRMAN TAYLOR: s Florida Wildlife -- are they concerned about the exci s? MS. BUDD: With t ap on credits and the cap on acres, no. I think that there is chefs and balances in place. By putting the caps on both en 't would correct itself. Now, pe s, ere may be inequities on the landowners' end, but if the 1 ndo ers as the stakeholders are supportive of the amendmen the program as it moves forward with those caps, then ounty perspective and a taxpayer perspective, no, there ar and balances with the caps. AIRMAN TAYLOR: Would you -- would you participate in any kind of review as our Mr. Bosi has suggested that we look at incentivizing the five -acre properties that could be built? MS. BUDD: Sure. Yeah. So when you look at the program, the program was initiated because of that sprawling five -acre -- one 0-- July 13, 2021 unit per five acres. So this is an option so that we can try to lessen that sprawling impact. So if there's a way that we can incentivize it even further to eliminate or reduce, rather, the potential for those one -unit -per -five -acre ranchettes, of course, that's definitely something we'd welcome to participate in. CHAIRMAN TAYLOR: Okay. Thank you. MS. BUDD: Thank you so much. MR. MILLER: Your next speaker is Marley Monallo, followed by Fasian Venegas-Ramos, and then Lupe C€ n alo. MS. MONACELLO: Good morning. CHAIRMAN TAYLOR: Good mornin MS. MONACELLO: My name is Marle 4onacello. I'm a homeowner in Golden Gate Estates wher Iv with my wife and one -year -old, who I'm sure would 111si . sharing that she's one -and -a -half. We moved to the Estates in of 2019 in large part because of the more quiet rural life that t uld provide for us and our children. The amendme e RSLA [sic] that you're considering today, if not properly stre ened in the future, we have great concern will do re 1 anolasting harm to the rural way of life that we sought when we ved there, because they haven't been properly evaluated for o e the reasons that you've already heard. They lso imately threaten to carve up and decimate the peaceful, n environment of Eastern Collier all in exchange for the p tentially of a select few developers and landowners. y° 'V02, after years of planning and input from a broad section o e ommunity, as you all know, the RLSA was put into place in order to prevent the premature conversion of ag lands, to protect the incredibly valuable wildlife corridors and natural resources of the county, and to prevent poorly planned urban sprawl. However, as you know, in the last minute the policy was tweaked, and 2.5 times Page 49 July 13, 2021 more land was ultimately made available for development than was originally promised to the public. Today we, once again, risk ceding more of this land than is intended for development without properly -- without a properly strengthened process. And the staff of the Conservancy have diligently and tirelessly demonstrated in both written and pub 1, statements to everyone who's voting today that the amend proposed and some of the projections of their impact ar *Zs d on math that does not always add up. And what hangs in the balance is more than t erence of a few villages here or there across Eastern Coll' ature and unnecessary development of tens of thousands f cres of the RSLA [sic] puts at grave risk the economic well ing and physical safety farmworkers in the Immokalee comin articular, where I've had the privilege of working for t 12 ine years. Seventy-one percent of the i ble RLSA lands potentially targeted for development are &s f vegetable and quiet citrus orchards without which tkm ultural industry that has long supported the county will ish. The extreme heat � used by climate change, which proportionately impacts farmworkers, landscapers, and other low -wage workers in, Immokalee, will only intensify as we pave over the undev open hand in Eastern Collier. And ver, the agricultural industry, of course, here prod r $200 million worth of agricultural products every year, a ore than being an economic powerhouse, it is also the bi ce of what has been called the best working environment in American agriculture. That is the Fair Food Program. When it comes to human rights and social responsibility, in the entire United States agricultural industry, Collier County is world renowned as a place for innovation. Immokalee has received former Page 50 July 13, 2021 presidents, United Nations, and countless human rights practitioners and supporters from across the country and the world precisely to visit the farms that are here and to see the community where the Fair Food Program first took root. It would be a travesty to wipe out this important part of the county of which we should all be proud, an hope that the Board of County Commissioners in the future w� e measures to effectively evaluate and protect these lands. CHAIRMAN TAYLOR: Thank you. O MS. MONACELLO: Thank you. MR. MILLER: Your next speaker is Fasian as -Ramos, followed by Lupe Gonzalo, and then Brad Co MR. RAMOS: Good morning, Commis 'o er . My name is Fasian Ramos. Oh, I was raised in Imm lee my entire life, and agriculture has always been a part of I ee. It is central way of life here. Although I personally have n orked in the Florida agricultural fields, my mom h ked as a farmworker for almost 25 years, and she has sh experiences with me when I grew up. For her, it is a job to food on the table, to pay the bills, and to provide a roof over oar heads. Our lives have revolved around agriculture, and ' is also true for many others in Immokalee. I grew u s ei the buses that carry farmworkers to the nearby agricultur fie , unloading workers by La Fiesta, a grocery store in Immokalee r a long day of toiling in the fields underneath the Flori I know that developing agricultural land will impact I e significantly in various ways: Economically, because it wi eaten the incomes of the farmworkers that rely on these fields; physically, because it will weaken our natural environmental protections from hurricanes and flooding from the wet season; along with other things such as intense heat caused by climate change. Immokalee already faces challenges like hurricane flooding, as Page 51 July 13, 2021 was experienced with Hurricane Irma four years ago, and developing nearby rural land will exacerbate these environmental conditions which will harm Florida communities in the long run. And it is these specific decisions that disproportionately impact vulnerable black and brown communities which historically bear the brunt Z climate injustices in our society. And so I urge you all to consider and to further explor04 harmful consequences this will have on people, the wil i1 and the land. I hope you all consider the lives and well-bein people over money and the endangered wildlife over money. We must think about future generations o a d the world we want to leave behind for them. The future borrowing it from younger generations MR. MILLER: Your next speaks by Brad Cornell and then Rich CHAIRMAN TAYLOR: MS. MONACELLO: places. of ours. We are you. Gonzalo followed u going to translate? a. Why don't you switch There we go.o'u. , GONZALO: ( ough an interpreter.) So good morning. My name is Lupe and worked for ui Immokalee is,&fla agricul iz,,alo. I am a long-time resident of Immokalee years in the agricultural fields of this area. ker town and is really the heart of the of this state. faith in all of those elected officials to consider all of us wAp4wrh Collier County. And not only are jobs at stake with d ents such as these, but also our very safety, in particular wi t e rising temperatures that have a disproportionate effect on fa workers, hurricanes that are driven by climate change, seeing that especially as development increases over the decades to come, that will ultimately lead to worse effects. Right now many of the underdeveloped areas in Collier County Page 52 July 13, 2021 help to defray the effects of climate change on our community. And so this -- this type of development can ultimately not only put us at risk but also put at risk our children and our grandchildren and future generations. And it's very clear from the diligent work of the Conservan4c that the analysis that's been done around these policies still h f le work to do. And so I join them and broadly call for a mor independent analysis, a deeper analysis to really evaluat Q effects of these policies and the lands that will be at risk bec f them. Thank you. CHAIRMAN TAYLOR: Gracias. MR. MILLER: Your next speaker is Bro rnell. He'll be p . followed by Rich Yovanovich and then D 'd -- I'm having trouble reading this. I think it's Grayson. MR. CORNELL: Good mo 'i' ommissioners. I'm Brad Cornell, and I'm here on behalf of ubon Florida and Audubon Western Everglades, and I ap i e the opportunity to address you, Madam Chair and Com rs. As was stated by my league, Meredith Budd, 24 years ago in 1997 we filed a la suitagainst the county and ultimately against the landowners bec 300,000 acres of rural resources and farms were not being pro c ed Collier County adequately, and there was another o thai appened two years later. Those two lawsuits basicall� s stage for a community discussion and study and planr rt that resulted in the Rural Fringe Mixed Use District a "al Lands Stewardship District, as you all know. d now we've had almost 20 years of implementation of these plans. These plans are vital for protecting our economy, our way of life of farms and, in Audubon's concerns, of our natural resources. The resulting part of that implementation, which was restudy and five-year review, has pointed towards several important Page 53 July 13, 2021 improvements in those programs, and in particularly Rural Lands Stewardship. And we have waited almost -- over 10 years to implement many of these. Are they all that we need? No, but they are a very important start, and they are very overdue for being implemented. If you are concerned about panthers, there are two Flori Wildlife Commission studies that show that the cleared fa Ids that these new developments are being directed to are n Orida Panther Habitat. Also, it is very clear when you loo e regulatory regime that the Rural Lands Stewardsh' a, through the Endangered Species Act, is mitigating for thempact on Primary Panther Habitat in the north Golden t�,,a; states. There is no mitigation for all the development in h olden Gate Estates. It's being mitigated in the Rural Lards §Wship Area. If you're concerned about to redits, these amendments are going to be reducing the ey n credits and incentivizing and pushing the landowners towal restoration. If you're concerned about farms, 're creating the agricultural Stewardship Sending Are rt at you heard April Olson talk about. That's an importan . vement. And, ultimately, if you're concerned abou level rise, hurricanes, harmful algal blooms, this is a 50-year Nis is the scale on which we should be working. I co en e staff and the county. You all are working on the scale that n to be engaged to solve these kinds of problems. And, , people are coming here. This is not drawing people h have to figure out what to do with them and, ultimately, in a ar plan, there are going to be people migrating inland. So we nee to have a plan like this that's also going to protect 134,000 acres of preserves. So we urge you to adopt these today. Thank you. CHAIRMAN TAYLOR: Thank you. Page 54 July 13, 2021 MR. MILLER: Your next speaker is Rich Yovanovich. He'll be followed by David Grayson. MR. YOVANOVICH: It's actually David Genson. MR. MILLER: Genson. MR. YOVANOVICH: You have a very long agenda, and st of everything I was going to say or Mr. Genson was going to s already been said. So Mr. Genson and I, we're going to go ad and waive our time. And we thank you. CHAIRMAN TAYLOR: Thank you. $4 MR. MILLER: That is our final public spea r this item. CHAIRMAN TAYLOR: Okay. So I t k0r:4uld you like -- shall we do a break? Because we're ab t 0 minutes overdue your break. THE COURT REPORTER: I �aonish this item, I'm okay , CHAIRMAN TAYLOR: ant to finish this item? Okay. All right. So we're going to his item. And Commissioner o and then Commissioner Saunders. COMMISSIONER ASTRO: Mr. Bosi, could you come forward. I have s me Ruestions for you. So, you kn I like everything everybody said. I mean, my summation is t t things that we're doing are long overdue, and ,, &hopefully we dk,t make that mistake again. We continue to blow the dust off afiis and continue to improve the RLSA. But having said t1kat e things that we're proposing today have incredible pvffive's,. I mean, I really like what Brad Cornell said from the A on Society. But having said that, hearing from the other citizens that still feel like there's some gaps, do we have the ability to be dynamic enough to continue this conversation, or maybe we are, or are we going to wait for five years again and then actually it will turn into 12 years if we make the same mistakes again. Page 55 July 13, 2021 I mean, you know, there's some things that some citizens brought forward here that I actually think have significant merit to add to the RLSA, to make it even better. So what is our going -forward point? I mean, I realize that this vote today isn't ending it all and then we'll come back here in five, seven, 12, 1 , years, you know, hopefully not that. But, you know, do we e ability to be dynamic and continue these conversations and taout the things that possibly could even add and make the R ven stronger that a lot of these citizens have raised? Wfh01 r strategy? MR. BOSI: Absolutely and most certainly.ecause we have a seven-year review process doesn't mea ees aren't going to be discussed and we don't have the ab' it ntinue to try to advance upon the process. And if you k about it, I correlate Ain it -- and the development of the RL�A smendments that are being proposed, I correlate it to h d I mentioned before how we do our capital improvement r ming. We have a Long -Range Transportation P e have a long-range parks master plan. We have a nge utilities master plan, and those look out 40 years, 45 year ometimes 25 years, 30 years, but way out into the future. And when try to find out what that condition that you're trying to wor a ai 25 and 30 years into the future, you're not looking fo a al point. You're not looking for an accountant's [sic] dete ion of how many credits or how many acres or how man o iles you're going to need, but you're going to find y ithin a range, an approximate range as to what you're going to to deal with. And then as those out -years become closer, as that program goes from a Long -Range Transportation -- or a long-range plan to a five- to 10-year window, you've got more specificity. You've got more information. You've got more details. You put more meat on Page 56 July 13, 2021 the bone towards the plan to be able to address those conditions that you have more certainty of, whether it be numbers of credits that have been developed, number of acres that are going to be left over outside the program, and then you make adjustments, and then finally you've got a five-year window when the road -- when the rubber going to hit the road, and you provide final revisions to it. Unlike -- or just like we do our Capital Improvement 'V Programming, we do our long-range master planning. o our Growth Management Plan, and this is a component. this is no different than that. We have the -- I mean, the dy ism of the process is contained within the interest that th ps continue to show within the program, the voices that they i g o the meetings, the e-mails that they provide to the com ioners. We know that these issues are go' here; we're going to continue to try to tackle them. A 'n the next seven years, we're going to identify -- I know i 1 identify additional areas where we want to make impro is to the program. COMMISSIONER RO: Yeah. I guess my summation would be, we e a seven-year plan, but we didn't follow it or we didn't follow it per ectly. You know, here we are years later and whatnot. S uess my challenge would be, I'll be very impressed if an he team comes back to this room at some point, you know, .n t ture and says, you know, we found a couple of other im r ents. You know, this should be a very dynamic proc at we just make an improvement today and then, you group here in 14 years for our seven-year review and then, yo ow, don't make those improvements, because a lot of their comments had merit, and we can continue to revise it. So, you know, we're looking for your leadership and the partnership with the organizations and the citizens who spoke to make sure this continues to be a dynamic process, which I don't think Page 57 July 13, 2021 it has been as much. You know, it sort of has sat for a bit, and I know, you know, we're trying to accelerate it now and give it a little bit more air speed. And I, you know, really applaud what we're doing going forward. We can't go back. But let's make sure we're doing that, I guess, would be my summary. MR. BOSI: And I would give you an example -- not to er you, but I would give you an example of where the dynami of this process has worked. You know, at the June, I beli i was, 8th Board of County Commissioners -- or June 9th Boar ounty Commissioners meeting when the villages were a d, those villages were approved. They weren't entitli at hh acres a unit, because that's what the current regulation said. ou know what they were entitling at? Ten units an acre. So e were looking forward. They were looking forward to the cqn a that we had of increasing the expenditure rates. y willingly participated at a rate that, per law, they're not -- th ren't obligated to. But because of the pressure that h placed upon this program to get it right and do the right t t action was taken. So those -- that's an ple, and that's only one example of an official action that was P ken by this body that was influenced by the folks in this roo at was agreed upon by the private -property owners that ig ' scant fiscal impact but has a beneficial impact upon this og So we will continue to provide those opportuniti d provide dynamicism. Remember, every time an SRA efore you, remember, every time an SSA comes before y 1 be my job as the zoning director to reflect on how that fits wi the issues that we're dealing with, the other outside issues that we maybe haven't gotten quite right, and how that fits together. So, yes, we will most certainly have that opportunity. COMMISSIONER LoCASTRO: No, that's a great example from the villages. I guess what I would say is more of that, you 01 July 13, 2021 know, more of that dynamic approach. It doesn't necessarily mean we'd make, you know, that decision every time that changes or whatnot, but at least having that conversation and make sure people are heard. And then if, you know, we all agree that there could be a better approach, that we don't feel like we have to wait seven yea to make it, and then it really turns into 14 years and, you know, se other things. So thank you, sir. O CHAIRMAN TAYLOR: Oh, Commissioner S rs. COMMISSIONER SAUNDERS: Thank yo ick question for the County Attorney, and then I want a qu 'o or r. Bosi. Mr. Klatzkow, this is an amendment to th o prehensive Plan. Is this -- what's the vote requirement, bas' 1 , is what I'm -- MR. KLATZKOW: A supernpj COMMISSIONER SAUND 11 right. So a supermaj ority, obviously, four -- MR. KLATZKOW: Fo S. COMMISSIONER RS: It requires four votes, okay. Mr. Bosi, I'm a little on the fence here; have been. I understand that, you knew, this is -- these amendments have been kicked around f long time. But we've heard some comments today in parti r m Ms. Vasaturo concerning the size of the villages a th ort of thing. Have you had an opportunity to kind of take a to those? Because we are in a position, if this board want o e changes to what's been presented to us, we obviously c t. ,-VR. BOSI: Yes. Yes, I have. And in regards to increasing the size of the villages, increasing the size of the towns? COMMISSIONER SAUNDERS: Yes. MR. BOSI: I'm most definitely in support of that, because what if we -- you know what we're trying to do? We're trying to promote Page 59 July 13, 2021 sustainability. And sustainability within these towns can only be attained if we have the economies of scale to support the needed commercial operations to support the needed employment opportunities that are going to be demanded to be able to provide jobs, services, and economic opportunity. And if we do it at too w of a density and too small of a scale, we're not going to be ab t�be a fully sustainable town -village community that we're deve 9- So, yes, the increases of the villages and the towns, I'm rtive. And one of the things -- I wrote down the numb about -- there was 15 different items that I identifi improvements. One of the last things that I i ti d s an improvement was elimination of the hamlets. w, a hamlet has never been proposed. A hamlet was any ere between 40 and 100 acres of residential developmer�t. me, that was -- that was the component of the RLSA that I was not a big fan of because that doesn't give you an o nity for sustainability. It doesn't give you an opportuni o diversity within that development. That's ju . ential development that's out there, and hopefully it's in close ximity to where a town and village was, and that's what the design of it was, to be able to put a residential -- on esidential community that's close enough to where goods and sejel es ere. But t e nation of that provides for more sustainability, because thy of developments that are going to be coming will have nomies of scale built in within them, and those are the t I'll provide the sustainability and the value of the program. MMISSIONER SAUNDERS: Were there other changes that staff had sought that were not agreed upon that are not contained in this document? MR. BOSI: I think there are -- one of the things that was brought up was during the white paper it was suggested that maybe MEMO July 13, 2021 13 units per acre was the right -- was the right number for the entitlement of one acre, but at the end of the day, between discussion with the property owners and the estimations that were done during the five-year review and then during the restudies, it was determined that we weren't quite sure what that number was going to be, an at 10 was one that was suggested as the five year, was agreed to property owners, and that's why we decided to move forwa tit that. O Moving into the future, I think that will be o$nd things that we as a staff have to provide the most acute eye if how we, one, model the number of credits that could b ey the system moving forward, and then what is the a xpenditure rate based upon what we're seeing within S A and SRA applications that come in between nQw en we make those determinations. COMMISSIONER SAUND Why wouldn't we just incorporate that into this docu ow? MR. BOSI: I thi e. We have -- went from eight to 10. We don't know what specific number is beyond 10, and we're confident that the�property owners are willing to agree to the increase to that enditure rate. COMM O R SAUNDERS: All right. No other questions ' ht w. I'll just listen to what everybody else has to say. SSIONER LoCASTRO: Yeah. Can I just ask a fa Or, I'm sorry, unless you've got a light. AIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: If you've got a follow-up, go ahead. COMMISSIONER LoCASTRO: No. I mean, I just wanted to continue what Commissioner Saunders had said. So they agreed to Page 61 July 13, 2021 10, but do we lock that in for a certain amount of time, or do we have flexibility, you know, fluidity here to -- you know, what's the -- where are we? MR. BOSI: Right now we're at -- the current rules say eight credits per acre. COMMISSIONER LoCASTRO: Right. Okay. MR. BOSI: And it's in our Growth Management Plarrf this is adopted, it will be 10. The manner that we would go o t to change that would be an amendment to the Growth ement Plan to change those -- that regulation. It requires to s nsmittal hearing with the Planning Commission and th o of County Commissioners and an adoption hearing. Eve t ing within your Growth Management Plan could eventual be -- at direction of the Board of County Commissioners cap ed. COMMISSIONER LoCAST s you said, the staff will be watching that, so we're not locki t 10 and then, you know, covering our eyes. You kno can go forward, and, I mean, continue to make improv o that number, if we see fit, right, and bring it back here, or ere are we? o MR. BOSI: The goncern expressed by a number of the speakers were t utyear. This outyear there's going to be an excess numb cr its. We have a cap of 404,000 -- or 404,000 credits. COM IONER LoCASTRO: Credits. -VIAL_ SI: To date 174,000 credits have been generated. Tba g,1�" than half of what that is within a 20-year period. 0,s we move forward, we'll continue to look at what's the appropriate expenditure rates to make sure that what we expect or remodel towards the number of credits aligns with what that expenditure is at. So we most certainly will always have that opportunity. Page 62 July 13, 2021 And I -- one of the reasons -- or I wrote down these 15 benefits of improvements for this -- of the program because I wanted to be able to illustrate and document the benefits that will be known, that will be certain if we adopt these programs. What in -- if we don't do that because we're concerned of a hypothetical situation that's 2 d 30 years out, that we know we're going to have another crack tNV the -- another opportunity to review three to four times bef at outyear gets here, would seem like the cost -benefit anal does not outweigh the benefits that are being provided for by improvements. COMMISSIONER LoCASTRO: Woul o ree, though, with what you just described as far as how we a g forward and how we can be dynamic and make sure w atch, you know, the program as closely as possible and coo make improvements, we haven't done that very well in, , correct? MR. BOSI: No, we haven't ted. We have most certainly spent a lot of time, a lot of ti - COMMISSIONER RO: Oh, I know we've spent the time. I know we've spen time. MR. BOSI: -- of)rying to identify where these improvements are, arriving up ese, trying -- in 2010, we were hit by a unique economic do rn at prevented us from moving forward. CO I NER LoCASTRO: Sure. MR. And then the restudy -- this is where we're at -- I mea , d us to come here. So the second crack, we're h making progress in terms of taking what was identified fro ose countless hours of community discussion and bringing it to the Board for further action. COMMISSIONER LoCASTRO: No, that's my -- yeah, that was my point. I mean, I know there's been tons of hours and meeting and whatnot. But, you know, it's been going forward and Page 63 July 13, 2021 making improvements and continuing to be dynamic. Thank you. COMMISSIONER McDANIEL: Okay. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Now I'm ready. Okay. I'd like to maybe talk with Mr. Bosi just a second. You kiit% there's been several comments made, and I haven't heard a commitment from our staff, concern raised by you, Commier Saunders, Commissioner LoCastro, with regard to the n �r view. And just as a slight correction -- and this has been a v ynamic process. There hasn't been a lot of action taken b oards in the past. I served personally on the five-year revie c mmittee. I was at every single one of the public hearings d t e recent review process that was done in ' 18 leading u There has been a lot of adjustments made, suggestions a Commitment -wise, when can we expect to touch this again. MR. BOSI: Per the reg s that were suggested, by the date of the adoption, we will - i seven years we will provide for another review. Nl�;" COMMISSIONEI?, McDANIEL: Maybe we can have a discussion ;bou,1htening that up a little bit sooner. MR. B11, I think what that does is it says by -- within seven years. •ves -- you know, it doesn't say it has to be at year seven. rISSIONER McDANIEL: I understand. SI: But within seven years, that's the out -- that's the ouf imum we can go before we've conducted this again. COMMISSIONER McDANIEL: Okay. My suggestion is maybe we come up with a time -certain sooner than that so that there is some certainty added to the concerns that have been raised with regard to that. I mean, I'm okay with the process. I just -- I want to Page 64 July 13, 2021 add some assurance that we're not just going to pass or not pass and then not look back and touch this ever again. I mean, there have been concerns that have been raised. One of the things that was raised, I think Ms. Olson raised some of the lands that are included within the bounds of the RLSA are not part of the ECPO propert owners. There are lands that are included in there and who s i ], in fact -- everybody within the bounds of the RLSA has tha ht to develop at one unit per five acres. O I think it's important for this board to know and stand that the currency within the RLSA program is, in fact, edits. So touching it sooner to develop value for those i o ncentivize people to participate in this voluntary program 's perative for us as a government body. I believe that's the s ess of this overall program is the voluntary participation body within these bounds and taking advantage of ivization away from that true definition of sprawl, which is n unit per five acres, into these compact rural developments t e significantly less of an impact on our environmentally i lands. Do we have a value, llar value for these credits? Has anybody ever been ablVo ascertain that? MR. BOSI• e've done extensive work and analysis on the TDR progra utIt RLSA program, we've never tried to place a monetary alu 'm sure an economist and an accountant could probabl c ogether and reach a reasonable conclusion. SSIONER McDANIEL: Well, one of the things I'd li is for us to ascertain what that is. I know when I served on th -year review committee we saw some deficiencies in the program. We saw some -- not a sufficient amount of preservation and protection put forward for agriculture. Huge, huge industry, as you heard several of our public speakers talking today how important agriculture is to our community. Page 65 July 13, 2021 And so the preservation of agriculture that's actually included in this five-year review, I think -- I think it's absolutely imperative that we move forward with these recommendations. Now, Commissioner Saunders asked about the increasing of the size of the -- I think it was the villages and the towns both. We approved or allowed for the increases there. Could you just e for me the rationale behind -- behind those suggestions. MR. BOSI: And I referenced it was economies of a The larger these villages and towns are, the more populat' ey have, the more diverse commercial establishments that t n support. The more -- the more economic development o n'ties within the form of new businesses and industries these to n c n support, these villages can support. So when you provide for a little b� of a footprint, you provide for more of those econom' ale for the market to react to. If you -- I mean, you firsthan w how long it was in the Golden Gate Estates before a 'ng center was provided at that Randall Curve, and that' ut the marketability and the economies of scale and th ck of economies of scale that a spread -out diverse opyiation was provided for. Once it hit rtain critical mass, the market responded to it, and that's si ' a to hat the thinking is behind -- within the increasing Iles wns and villages is allowing for the market to provide for eater diversification of the type of businesses and the type oyment opportunity centers that will be developed. MISSIONER McDANIEL: Gotcha. It was always co plated when we adopted the Golden Gate Master Plan that we wou d preserve the rural character of Eastern Collier County in the Golden Gate -- specifically in the Golden Gate Estates area and that we would allow for growth and development on the perimeters of Golden Gate Estates to maintain that rural characteristic that's so 01 •• July 13, 2021 important to the residents in Golden Gate Estates vis-a-vis the Rural Fringe Mixed -Use District and then, in fact, the RLSA. So I think -- is the proposed plan perfect? Time will tell. But is it an enormous improvement to what we already have? Absolutely. Are we going to touch it again? Are we going to review and further publicly vet some of the concerns that hav ,+ fact, been raised? Absolutely. As Commissioner LoCastro said, this needs to be a emic plan. It needs to be touched on a regular basis. And unintended consequences that potential to be addressed in as expeditious a manner as With that, I'd like to make a motion fora rc COMMISSIONER SOLIS: Second A CHAIRMAN TAYLOR: and a second. I'd like to -- and I' Commissioner Saunders. the podium. We had a con excess credit issue was s, concerned about. And I told me and how ECPOlooks come need s a motion on the floor sion from �fing Mr. Reynolds back up to in my office last week, and the j ,*' that I, as you know, was very d appreciate you repeating what you at the issue of excess credits. MR. REDS: I'd be happy to, thank you. CHAIRkLDS: AYLOR: Thank you. MR. E Madam Chair, you know, program innovAtij we have a en it was adopted, there was no history. It was an fogram, never been done before. And we now 20 years, we have 20 years' worth of data on exactly hoe program is implemented. We know exactly how many t y acres have been put into the various classifications. We have over half of the total natural resource areas that are to be protected, have already been scored, put in the system. So the data right now -- and this is a data -driven Page 67 July 13, 2021 program -- confirms that the recalibration of the credit system that was done back in 2009 -- and even since that time, there have been additional data collected -- confirms that, in fact, the calibration was extremely accurate and that the credit ratio for stewardship credits to receiving area is now that 10 is, in fact, the number that creates a balance in the program of credits and acres. Now, yes, the program is subject to decisions by propel owners about the degree to which they participate. So always going to have, you know, some pluses and minuses i gram. And all of these numbers presume a 100 percent p -owner participation rate. Not just ECPO, but all pr ers in the system, if you will. I don't think it's realistic to think tha y rogram that's an incentivize-based program is ever gQi e a 100 percent participation. So I think the cred' '' t has been examined, carefully calibrated for this restu d all the data that we have right now supports what is be* posed in the amendments. That being said, in ars, we'll have another seven years' worth of data. We'll hav e data for the first time on the ag SSAs. So right now we h ve i1p, track record on the SSAs because it's a brand-new ince e program, but we will have data that will now show us if, i a t, t credit incentive is the right incentive and if it's working p o e Solt CPO -- you know, the conversation about is this the end - know, we make this decision and nothing happens, a not. I mean, I think if nothing else, we have shown a wi ness to listen, to sit down at the table, to collaborate, to adjust, to look at improvements, and that will continue, because 10 years from now there may be other issues that we're looking at that are important that we can address. So we -- our track record, I think, supports the fact that it's M- July 13, 2021 not -- it's never been anything but an open collaborative process. Mike had mentioned, we've got a Land Development Code process that's going to probably take us the better part of a year just to implement what we're talking about. But ECPO has been very clear that we think these amendments are unfinished business. It's business that, you know, would have been nice if it had happ sooner, but we need to move forward today with these ame ents so that we can set the stage for the continuation of the p r in. CHAIRMAN TAYLOR: And setting the stage the end -- and we probably -- we won't be here. But ' e end when that 45,000 acres has been hit or the 404,000 1 n there are excess credits, what is the position of ECPO o th s in terms of -- MR. REYNOLDS: Well, ECPO ag d in 2009, against our wishes, to a credit cap. Our position . as an acreage cap is the right way to do it because acr t, you know, you have to measure in terms of the impact. greement to the credit cap was a compromise that ECPO ma e use the Conservancy was insisting on a credit cap, made that agreement, and we made it on the record. We hav t od by it every day over the past 14 years, and we will stan4oby it in the future. We agree that that is a credit cap that, s ng as we don't, you know, reinvent the system and cause th c edi ap to fail, that we're comfortable with it, and we think it_wo CHAIRMAN TAYLOR: But if there are excess credits, how ow, you've -- REYNOLDS: Right. So if there are excess credits, then th e several options that the Board has. The first option -- and this is presuming that the Board is -- the boards in the future are not going to continue to respect an agreed -upon cap. But if there are additional credits in the future, or potential credits, the first thing that happens is that the Board has the full authority to approve or not 0-M. July 13, 2021 approve restoration credits. Those are the variable that are under complete control of the Board. So if 30 years from now and we're up to 350,000 credits and somebody comes in and they're proposing restoration credits, just as you would today, the Board can say no, we're not going to appro that restoration. So you have the ability -- and the restoration credits art4, ,000 of 404-. So you've got a lot of -- you've got a lot of abi Qb throttle the system just on the restoration alone, number one. ber two is that the state statute for stewardship, which our pr was the model for and which our program is now rec 'z as a statutory program, says that there are other ways of disp n n with credits. And one of the ways that it contemplates jAillat public or private entities can purchase credits and retie a potentially cost-effective way for accomplish' a ral resource protection less expensively than public purchase e use in stewardship the private -property owner maint ' e obligation to maintain the land. When you buy it as a pu ty, the public entity assumes that expense and obligation. So just on tha alope, you could potentially acquire and retire credits -- not jus cess credits. You could do it at any time -- as a way of enha n ral resource protection and driving down the footprint o de pment. It's allowed by the statute. It's contem lat . t hasn't happened yet. But I think, frankly, that that' y one of the most important features of the statewide p , if you think about what it costs, if you look at that co ison of the cost for, you know, Conservation Collier to buy land versus what it costs or doesn't cost to protect land under stewardship, think about, okay, maybe some credits can be acquired. And our analysis shows that as you start buying down credits, you don't have enough credits to ever get to the 45,000-acre cap. I mean, Page 70 July 13, 2021 it's -- within tolerances, it's very balanced. So I think there's a couple different ways to deal with that. CHAIRMAN TAYLOR: Thank you. MR. REYNOLDS: And that's probably a long ways in the future. CHAIRMAN TAYLOR: No. Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. F County Attorney, just a real quick question. This is an overl So I'm assuming that we can make changes to this overla point in time, especially during the five-year review, t ld not trigger any Bert Harris claims or property rights claim b c use the underlying zoning is still basically in plac . MR. KLATZKOW: Correct. Y c d end the RLSA program today if you wanted to. COMMISSIONER SAUND Yeah. So we don't have to worry about the property righ that's been a bit of a concern of mine, but that addresses And then, Mr. Bosi, ere anything that staff had suggested as additions to this pr grapt that you would want to include that are not included right n And I know there was a negotiation, and I know that the as ome compromise on both sides. But anything that was a ee on and all -- obviously, it's incumbent upon the Board to e final determination on this. uestion is, is there anything else that we -- from your perspvcbve, from staff s perspective, that should be included in this or `may. 'changes that should be made to this document? MR. BOSI: Commissioner Saunders, again, I'm somewhat at a disadvantage. Been back for a month. I've reviewed all the material. I don't believe that I have identified something that the staff had -- has documented that they were looking for that hasn't Page 71 July 13, 2021 been included within the -- COMMISSIONER SAUNDERS: Is there anybody on staff that's here that could address that, potentially? CHAIRMAN TAYLOR: Anita. MR. BOSI: Well, I think Mr. French or Ms. Jenkins, who s involved in the program, could -- COMMISSIONER SAUNDERS: If Ms. Jenkins coulpme up, then. And, again, the question is, obviously there's a long-term discussion concerning this document. Is t nything from staff s perspective that you would have prefe be in this document that's not in here right now or any to this document? MS. JENKINS: Anita Jenkins, for redord, division director with Growth Management Departmp No, sir. I think that it was f ed from the time that the five-year review came forward. oard gave us direction to bring the five-year review bac e vetted that thoroughly. We did add some policy lane addition to those five-year review comments, specifically on',affordable housing, that we thought was necessary for the Board,. And those were the only changes that we brought forwarM-dwe haven't identified any other changes. COMMR SAUNDERS: All right. Thank you. CHA TAYLOR: Okay. Commissioner Solis and then Commissio oCastro. SSIONER SOLIS: Just very quickly, you know, I t - 'll just kind of revisit a little bit of the history why we're he t day talking about some of the five-year review changes. You know, I think for me the largest part of the delay in getting any of this done, which needed to be done, was the prior boards. CHAIRMAN TAYLOR: That's right. COMMISSIONER SOLIS: I mean, this thing has been kicked Page 72 July 13, 2021 down the road. I mean, it's -- you know, the staff was running up against a wall, I think. So, number one, I think it's incumbent upon us to keep moving this forward, especially as the Land Development Code provisions come back. I feel confident staff s going to do that in a timely manner and that it's -- you know, it's really going to be incum upon us to, you know, make decisions. But in terms of the seven-year review, you know, i s occurred to me, because of term limits, I think Com er LoCastro will be the only one of us that will still b because of term limits. Ir COMMISSIONER McDANIEL: It dep ?dwrothe reelection process, sure. COMMISSIONER SOLIS: Sure. 13ut� I mean -- COMMISSIONER LoCAST . )r if I want to do this again. COMMISSIONER SOLIS: q>ifn any event, however it goes, because of term limits that we right now -- CHAIRMAN TAY hat's the problem. COMMISSIONER LIS: -- we won't be here. So I'm just wondering if -- and maybe staff is already going to do this. But m e there's a schedule of some kind that we could talk about for ne` seven years, you know, so that the public also has a sens tha ere is something going on, you know, just -- instead of waiting ne last minute -- not that that would happen, but that might-,b _ appearance of things -- that then suddenly there's a sc b1t;,, that's not, Commissioner McDaniel, what happened in the fi ar review, because there was a lot of -- a lot of work went into that. It was just the adoption of it. So maybe staff can come back with just a long-range kind of, you know, thumbnail schedule for how we would kind of start considering these things. And it might help the staff s planning Page 73 July 13, 2021 process as well on how to time some of this instead of doing it in a vacuum. But that's all I had. Thanks. CHAIRMAN TAYLOR: Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I echo that. I r wrote down a similar thing. But no doubt a lot of action h en taken, you know, Mr. Bosi and to others who spoke. B Qion doesn't mean results. So you can have 70 meetings en walk out of them and do a whole lot of nothing, and we' e plenty of that in this county, and other counties have n 1, so I'm not throwing spears or anything. But as we want to move forward, I t , you know, this panel here and with the new staff, renewed anager and whatnot, we don't want to just have meetin e sake of meetings and then, you know, just photocopy th SA and go, yeah, it's good enough. I like what Commis ' cDaniel had said is that it's great to say a seven-year review b aybe better terminology is no later than seven years. And to C,�wmmissioner Solis' point, a timetable that maybe has us re it, and we might even say, no revisit is needed, but we at least br ht up as a topic. Beca e ink one of the eloquent things said was, believe it or not from ynolds -- no, I'm just kidding. I appreciate the time I spe ou. But you said, these amendments are, you know, g they are unfinished business. Our job is to make sure we fin e business as we learn some things. And, you know, you continued to say, hey, in seven or 10 years, we're going to have a lot of data. Well, if we have data in one or two years, we better come back here and not just kick the can and not make those changes. So having something dynamic enough, like we're saying, Page 74 July 13, 2021 regardless of if we're here or other folks are here, that pings us to continue to look at this process and improve it so we don't have unfinished business that continues to float for -- you know, on a seven-year plan and it floats for So I don't think it holds up this vote if we are that dynamic and in this process. I would just say, let's continue to make sure those things so this doesn't die on the vine and we miss so t unfinished business areas for improvement. O CHAIRMAN TAYLOR: Thank you. ^� Commissioner McDaniel. 12 and 14 years, I think, is critical. COMMISSIONER McDANIEL: one point with regard to the restoration credits; the reasons why I was looking for a valueAr tl dollar value for the credits. One of the deficiencies we s lack of the actual restoration environmental enhancement when you don't have an goft se an aside, I had at was one of for the actual ;116 original program was the een done and the Auld transpire from that. basis to be able to make a decision -- and I think welYineated three different types of restoration and ce ain Vedits that are attributable to those different types. So that on of the reasons that I was quite pleased to see this coming ba k ard, because there is now credit attributed to specific ty restoration and the enhancement of those habitats that e from that restoration and actually having it being c . So this program, in fact, does that. Again, it protects an ances the protection of agriculture which has a basis of habi at in and of itself. I'd like to ask the seconder, the person who seconded my motion, if I could make an amendment. And it's a brief one. I just would like to ask staff -- Mr. Bosi, if you would, Page 75 July 13, 2021 please -- can you give me a commitment -- I'd like to make it as a portion of my motion that you commit to a time frame for when we will come back and review the program other than before seven years. MR. BOSI: As a staff member, I'm obligated to whatever es and regulations that are going to be developed and agreed up Jv d the Board of County Commissioners. I would say if we w to say -- and just let me -- before I get into the schedule of O we're going to pick this back up, the effort for the develop f that Land Development Code, you're looking at a year, this i -- there is going to be a lot of attention upon it. There's in o e --and the specifics of the Land Development Code, whe u get into some of the applications within the credit and the Aqit systems and the specifics that need to go -- and the a�tte at is going to be needed to develop those Land Developm regulations is going to require a little bit of a time, and v w it's going to have a lot of public participation. So we're going to n ast a year after, if we receive a motion to adopt, to develo t e Land Development Code regulations. And then my sugg stioprwould be within -- within three years from the adoption of e Land Development Code for staff to develop the -- to deve the chedule to initiate the beginning of the seven -yea rev I think that will be at year four. And the way that the a these programs have gone, we need two to three years to ge ings to -- we get to a point where we're at an adoption h lq� MMISSIONER McDANIEL: So let me make it easier for you. Can you, at my next meeting in September, come back with a written schedule and, as I think Commissioner Solis called it, a thumbnail schedule of time frame for the LDC review and then a proposition of picking up the review of the GMP amendments? Page 76 July 13, 2021 MR. BOSI: Yes, Commissioner. CHAIRMAN TAYLOR: So is it all right that he just -- you don't have to incorporate that into your motion. There's a -- COMMISSIONER McDANIEL: No, I don't. I'm okay with -- he said that on the record, and he'll come back to us with something in writing in September at our first meeting in -- re meeting in September. CHAIRMAN TAYLOR: All right. So there's a i n on the floor and a second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in f r, ye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: CHAIRMAN TAYLOR: Aye, COMMISSIONER SAUND ye. COMMISSIONER McDANI Aye. CHAIRMAN TAYLOR: se opposed, like sign. (No response.) CHAIRMAN TAYL : It carries unanimously. Thank you. e aye going to break for our hardworking court reporter. And will come back at, let's see, that would be 25. So maybe 20 mi s t 2:00. How's that? (A br'ef r s was had from 11:22 a.m. to 11:39 a.m.) MR. I SON: Madam Chair, Commissioners, you have a live c TAYLOR: Thank you very much. Item # 11 A RESOLUTION 2021-156: A RESOLUTION APPROVING THE EXPANSION OF THE BOUNDARIES OF THE COLLIER Page 77 July 13, 2021 MOSQUITO CONTROL DISTRICT, PURSUANT TO SECTION 3 88.211, FLORIDA STATUTES — ADOPTED MR. ISACKSON: That brings us to our 10:00 time -certain. It is the recommendation to adopt a resolution approving the expan ' n of the boundaries of the Collier Mosquito Control District pu t to Section 388.211, Florida Statutes. I've asked Mr. John Mu to introduce the item and then follow that up with questio �ln discussion from the Board. CHAIRMAN TAYLOR: And hopefully we discussed this. So I think we decided to push it to anot ti g because of Commissioner McDaniel, so -- and his conce COMMISSIONER McDANIEL: t'd do this time? CHAIRMAN TAYLOR: So go a . MR. MULLINS: Commissi,, or the record, John Mullins, your director of Communication ernment, and Public Affairs. And at your last meetingwurneard a presentation from the Collier Mosquito Contro on the need to expand their boundaries. Yesterday their board adopted an expansion resolution, an identical draft o ich was provided in your materials along with a map depictin e n boundaries. The signed, sealed, and delivered o y s provided by Ms. King this morning and has been submitted e record. r ida Statutes, you have been requested by the District to a e ese changes, and you have a board resolution before you th omplishes this. If adopted, the District will move forward with the goal of presenting a local bill to our legislative delegation on September 15th for their consideration for filing for the 2022 regular session, and Mr. Lynn and Dr. Lucas from the District are here to answer any technical or financial questions you may have. July 13, 2021 CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER SAUNDERS: Madam Chair, would you entertain a motion to approve? CHAIRMAN TAYLOR: And I will second it. Commissioner McDaniel. COMMISSIONER McDANIEL: I was just going to do Since you blamed me for delaying it, I was going to go ahe� move it forward now. So I'm good. �t) CHAIRMAN TAYLOR: All right. Very goo there's a motion on the floor and a second. MR. MILLER: Madam Chair, I have t r stered public speakers for this item. CHAIRMAN TAYLOR: Go ahead MR. MILLER: Your first speakPredith Budd. She'll be followed by Brad Cornell and the romley. I'll ask our speakers to queue up at both micr nes. MS. BUDD: It's still m Good morning. Meredith Budd on behalf of the Fl i dlife Federation. Thank you for the time. I want to tha the�/Mosquito Control for their engagement with the stakeholders know that I have chatted with them several times. I know they'v et ith a broad range of members of this community to discuss is ansion. A co u ings I wanted to just note. For urbanized areas, the Fede supportive of expanding the boundary. There are areas P. ithin the expansion that are not urban. So we're looking at 0 acres of Picayune Strand all to be included in this boundary expansion. There's a lot of areas within the Picayune Stand that may be adjacent to some urban areas where it's appropriate to treat, and I do understand that, but the rest of this forest that is pretty far away from the urban areas, the Federation believes it's an inappropriate Page 79 July 13, 2021 area to include within the boundary. As far as I understand, the boundary expansion enables a taxing authority. So since no one lives in Picayune Strand -- I spoke to Mosquito Control and I offered the suggestion that perhaps if there is a need to spray in the more -- the areas closer to the urban area in a state forest like Picayune that it could simply be excluded frihe actual boundary and an agreement with the forest service t luate and spray appropriately could be implemented, similar t agreement that they have currently with Ave Maria. So it's -- they have an agreement currently wi fferent entity, so it seems like something that they co resumably, and since no taxing dollars would be brought in th a ea, it wouldn't be a loss in that income stream. The other thing I want to point.o there are areas within Collier County that I think should Fe.oerid a little bit differently than just the general boundary ex , similar to how they had proposed to treat some of thos u is lands, specifically Conservation Collier pro d then also Stewardship Sending Areas within the Rural La Stewardship Area. So those areas arepet aside in preservation for a reason. They're environ tally, potentially biologically productive, and I believe in the t tut that enable Mosquito Control, it speaks to those two chara eri for requiring an Arthropod Management Plan and being more ghtful in the execution of treatments. onservation Collier and the Stewardship Sending Areas, I to request and suggest that Mosquito Control implement th rthropod Management Plans appropriately for those areas as well and not just state and federally owned lands as previously proposed. Thank you so very much. MR. MILLER: Your next speaker is Brad Cornell. He'll be 01- :1 July 13, 2021 followed by Gary Bromley. MR. CORNELL: Hello, Madam Chair and Commissioners. I'm Brad Cornell here again now on behalf of Audubon Florida and Audubon Western Everglades. Appreciate the opportunity to address this Mosquito Control District expansion issue. We did meet with the Mosquito Control District staff an appreciate that opportunity very much with them. We list to the presentation they made to the Board at your last meetin aI have also consulted with Audubon Florida Science staff, rianne Korosy, Dr. Shawn Clem, Dr. Paul Gray, and also rry Lorenz, who are our statewide science staff in the Eve a s stem around Lake Cocohatchee, at Corkscrew Swamp Sanc a , and our bird conservation program, Marianne Korosy. Their consensus is, one, that it'd c need to address populated areas where there is a tll�olf,iseases that could harm human health and safety. Altho is is an ecological compromise that Audubon recognizes the necessity for, it's not something we're happy about. Wh ill parts of the food chain, it has consequences, and we ha een those consequences, but we recognize that necessity There's als trong consensus that we should not be including in this expan ar the public conservation and private conservati n la that have been proposed, and those include 3,000 acre Audubon owns in Rookery Bay. It's a Critical Wil ' e a. The Rookery Bay Critical Wildlife Area designated be, we object to that. Those are our particular conservation 'We also object to including the Rookery Bay National Estuarine Research Reserve itself. Picayune Strand restoration, which is a 55,000 acre CERP project for Everglades. Nobody lives in these places. There's no tax base. There's no population. There's no 0- July 13, 2021 human -health threat from these lands. The Collier -Seminole State Park. Camp Keais Strand portion of the CREW project, the Corkscrew Regional Ecosystem Watershed, is included in this project. It should not be. And Conservation Collier preserves, as you heard Meredith Budd address. So because these places have no tax base and no populat' e don't see the reason for including them in this expansion. recognize the needed to do this in populated areas and s that, but we do -- we strongly object to including these co tion lands. Thank you. CHAIRMAN TAYLOR: Thank you. COMMISSIONER McDANIEL: I have q e tion for him. CHAIRMAN TAYLOR: Yes. Co is ioner McDaniel. COMMISSIONER McDANIE, ,: Mr. Cornell, forgive me. MR. CORNELL: Yes, CoW 1 loner. COMMISSIONER McD L: During my discussion with our folks at the Mosquit yesterday, I brought up some residential yet rural areas t are in close proximity to the sanctuary and expressed a si ilarAoncern and was assured that though the boundary was all4kcompassing, they weren't going to exceed the allowable tre ent rocesses that are currently existent today. They coul co on to -- one of my friends owns a piece of property that's boun y the Corkscrew Sanctuary both on the north and on the that person could engage Mosquito Control to come and tr o, uitoes on his property but, literally, wouldn't be able to do an g about those that didn't read the sign on the property line and come over from -- specifically from the sanctuary. So I was fairly well assured that the practices weren't going to be intrusive on these environmental sensitive lands. But a request was made or expressed that the Mosquito Control would like to Page 82 July 13, 2021 engage with the sanctuary to whatever extent is possible to do further testing and studies with regard to the types of mosquitoes, how many there are, and so on, and having access to the sanctuary. MR. CORNELL: So Corkscrew Swamp Sanctuary is not included in this boundary expansion. The land I was referring down in Rookery Bay, so it's actually Rookery Bay. COMMISSIONER McDANIEL: Yes, sir. I'm awaret at. MR. CORNELL: Yeah, yeah. And so we're hap to collaborate and coordinate with the staff of the Mos ontrol District. We're always willing to share science, b science staff, all of them uniformly said there's no reason t ' cfW& ifi a Mosquito Control District or an Arthropod Management a ublic conservation lands, and that would be the e t at I just shared with you that are included in that that we.h g concerns that that's -- it's a waste of taxpayer m d it's in conflict with the ecologic principles of the conse purposes for which those lands were bought with publi ollars. COMMISSIONER 11 IEL: Okay. MR. CORNELL: I t makes sense. COMMISSIONEI,.McDANIEL: It does. Absolutely. Thank you. MR. CO EL Thank you. CHA . TAYLOR: Go ahead. MR. R: Your final speaker is Gary Bromley. AN TAYLOR: Mr. Bromley, beg your pardon. ZN BROMLEY: Good morning, Madam Chair and C ON p,issioners. Thank you for giving me the time. I concur with the points that were already made by the two previous speakers, so I won't bring those up again. But I think that what Commissioner McDaniel just stated about, he was fairly sure, reasonably sure, I think it was one of those couple Page 83 July 13, 2021 of words, about not having this Mosquito Control kind of blanket environmentally sensitive areas, which have been enumerated as examples. I think that that's imperative. I don't see any kind of scientific evidence being brought forward at this point to say that if you did that, that that would be problematic for populated areas. other words, is there some concern that if you don't blanket a e area that there's going to be some kind of wind event or so ing that will, you know, carry that -- carry the mosquitoes o 0 You know, I just don't hear any kind of specifics on the sc* of why this is necessary to do it in all areas that -- particul all populated areas, I don't see the need for that. i And I've been kind of a naturalist myself to areas like Corkscrew and Rockery Bay�*d mosquitoes by a net hat, by product§ So, you know, that -- I just don't s6& in the spray area. And that's all I have to time. CHAIRMAN TAPE 4`gd out frequently can control the W on my skin, et cetera. t of including these areas Thank you so much for your Thank you very much. Before we hear frcj n Commissioner LoCastro, I'd like to ask representatives, omever, from Mosquito Control to come up. Now, I s cgnd this motion, but I have listened to the concerns of Audub an�clearly, it makes great good sense, if there's no population , what is the downside of agreeing -- changing the boun r a place like Rookery Bay so it's not included here and tb204a ation lands and the -- I think the CREW lands so that th they're not included in the boundary but there is a cooperation, an understood cooperation, a collaboration ongoing with the different environmental agencies? COMMISSIONER SAUNDERS: Madam Chair. CHAIRMAN TAYLOR: Yes. 01 July 13, 2021 COMMISSIONER SAUNDERS: Let me just interrupt for a quick second. I fairly quickly made the motion. And maybe to get this discussion in the right posture, I would withdraw my motion if you will permit me to withdraw it. CHAIRMAN TAYLOR: I'm very happy to do that. Z**tl COMMISSIONER SAUNDERS: All right. So there's motion. CHAIRMAN TAYLOR: No motion. Okay. Al at, sir, so the floor is yours. Tell us why you have to include t conservation lands. MR. LYNN: Well, quite simply, it's no - 1 o cut and dried. It's not something that really has anyth o do with there not being a tax base. It is the biology of the squitoes. It's the flight range. It's the production of mosgtVt Can carry or vector disease that will affect the commu 't at are adjacent to these areas. And even more importa t n that, for these public lands, an Arthropod Management definition says that we will collaborate with these ma ing agencies in order to come up with a plan. Our Integrated Wsquito Management Plan is one that will look very differ ,in one location versus another. So what se I ponents are alluding to when they say we don't have a prof -le ating areas where people live, we don't either, and we do that49�re btect, first and foremost, public health. swe need to get into these areas that historically did n evelopment where people are moving in droves. They are at greater threat now in terms of public health. What we need to do is to get into these areas, engage in research. It may be several years before we exert any kind of control in these areas, but we need to collaborate with management. We need to, essentially, educate one another on what the mosquito threat is and what the threat to Page 85 July 13, 2021 public health and comfort and safety is. And it's not -- it's not exclusive is what I'm saying. So to include the entirety of the Picayune is strategic in that we have one land manager, we have an area that we're expecting significant change in the hydrologic profile in the coming years, d if we don't -- if we don't engage and get into these locations, going to be behind the curve when it comes time to -- when4t.sa disease threat. O The expected areas of growth in Collier are all the flight range of mosquitoes that can vector disease. And e Mosquito Control, not mosquito annihilation. We don' i at mosquitoes from the food chain. They are not a keystone ci s. And we're happy to have -- to contin to ave that conversation. But we have reached o , e will continue to do so throughout this process, but it i 1'0, tely critical that everyone understand that Mosquito Control its in these areas will look significantly different. It ma be larvicide, much like we do at Wiggins. We're in and ere before 8:00 in the morning. We put in a simple bacteria, and that keeps the salt marsh mosquitoes from c mir�,g o f, and it's reasonably effective. So I would e to offer to Dr. Lucas if she has anything to add. CHAI YLOR: Yes, of course. MR. Okay. Thank you. DR. L S: Yeah. I would just like to add, part of like Pat these areas that are publicly owned do require an A Management Plan. So just because it's included into our di doesn't mean we get to blanket the entire area with pesticide. The plan has to be with the land manager, and we have to make an agreement together. Part of the reasons why we want to get into areas such as Rookery Bay is because those mosquitoes, the salt marsh mosquitoes 01 6 July 13, 2021 are migratory. They fly as far as 20 to 40 miles, and to continue with our Integrated Mosquito Management Plan, we do want to be able to have access to those lands and work with these land managers. CHAIRMAN TAYLOR: But my question wasn't answere Why -- what is the downside of carving them out of this -- ou e boundaries that you want to treat and having these agreeme oing forward? MR. LYNN: It's -- I don't think -- it's important Way that Ave Maria is actually under a contractual agreement a lids upwards of $300,000 a year on mosquito control. These areas are not -- we cannot engage i a o tractual agreement. There is no -- we're not seek' _revenue from these areas. We simply need to get in there form research and have access to areas that are as yet and . ow close the civilization is to the area of habitat and the sourc mosquitoes. Again, it may just be la ry . . g efforts. But we feel strongly that not taking it into the ' t would be foolish at this juncture given everyone's willingn to work together, because in a few years we'd have to come back�and go through this entire process again to take it into the d' ict. The growth in Collier County is substantial, and we need e o in front of it, and we're not, we're -- we're not grabbing 1 d . What we're trying to do is to see the future threat of -- blic health by mosquitoes and comfort and, quite frankk. estate values, tourism, and more where our presence in R e feel, is absolutely essential. It's long overdue because Ro is actually an island that produces enormous quantities of mosquitoes that blow into portions of Olde Naples and such where the majority of our revenue comes from, and there's nothing we can do about it as it stands. We need to heal those old wounds, get in there, engage in Page 87 July 13, 2021 research, and exert some control in the form of, hopefully, larvaciding. I hope that helps. CHAIRMAN TAYLOR: It helps. And I'm going to -- I have lots of questions up here. Commissioner LoCastro, then Commissioner McDaniel, then Commissioner Solis. N COMMISSIONER LoCASTRO: Yeah. I was actually g to call Dr. Lucas forward, so since she's already here. For ody that doesn't know, she's the smartest person in the room e it comes to mosquitoes. e So, you know, my district is affected quite a mean, like you said, I don't think mosquitoes are smart e it the property line of Rookery Bay and turn around n t the hit the residential areas. And if they fly 20 or 4 iles when they leave Rookery in masses, they're hitting a jo s in District 1. I like what you said, Mr. Ly maybe those environmentally sensitive areas et blanketed maybe the same way. And not that you blank e 'dential areas, but it's a different approach to maybe thin opulation. But, you know, I'm supportive of addressing those areas that are even envir nm9ntarly sensitive because maybe 20 years ago the residential p lation around those areas was minimal. It's not now, and I he ro those residents repeatedly. And so they wear, you know, at 'th nets and spray themselves with Off and all of that, but I t a lot of them feel, and I think you echo it, that some of th tations come from nonresidential areas that are adjacent to hey live. I think we have to have a much more dynamic approach to make sure that these residential areas, you know, have a positive effect for what you do, and that has to be more than just spray, you know, their neighborhoods. It's the surrounding area. And you've already done, you know, some of that research. And so, you know, I mi :: July 13, 2021 have a feeling, you know, you've already sort of answered that. But I'm very supportive of addressing that as long as maybe we don't go above and beyond, you know, in those environmental areas. But they certainly do affect the residential areas, and a lot of them are in District 1. So, you know, I'm here speaking for a lot of citizens that mosquitoes -- who know that mosquitoes aren't smart enou turn around, you know, and stay in the Rookery Bay area. h y're crossing over into the residential areas, and especiall has been a really bad year. So I think this is long overdue. CHAIRMAN TAYLOR: Commissione c niel. COMMISSIONER McDANIEL: Yes. th nk I'm coming over to Patrick, Doc. This is a less technical question f Who ultimately makes the decision as to what you can d at you can't do within the bounds that you have? MR. LYNN: That's an nt question. We are beholden to several agencies and or s. Our primary oversight is from the Florida Department o riculture, and then within that we have Florida Statutes, o r pa$icular board, our five -member Board of County Commi ers sets policy and, ultimately, the decisions are made in-hous ou hat we're going to do and where and when and what we'r of to use based upon label restrictions. So the in the state, the EPA federally, we abide by all of thos ory agencies. And we have limitations on what we can u e and when. MMISSIONER McDANIEL: And so here today you're asking -- your board, who is an independently elected board, an independent taxing district, when you make a decision, you or the doc make a decision to do a particular treatment, I don't ever remember you coming and asking this board about what you can and 0-M. July 13, 2021 can't do. You don't. You're here today to talk to us about the expansion of your district area. Those decisions are still going to be made internally with the governing agencies that you are already answering to, along with your independently elected independent taxing district will ke the decisions of what you can and cannot do within the bounce what you have, correct? MR. LYNN: That is correct. And I'd like to add t he vast majority of the areas that we're taking in that are pub ' ds require an Arthropod Management Plan, and that process uides our science team and operations team. And we to establish a means of control in those areas that's acceptab t a parties. COMMISSIONER McDANIEL: O y. And then so -- and that's specifically where I was going have an enormous amount of respect for Meredith an and the concerns that they expressed. But the expansion o e ounds doth not mean that you're going to run in there a y it all of a sudden. MR. LYNN: No. COMMISSIONER t,DANIEL: That's not how the process actually works. MR. LYN� Not even remotely. COMM OER McDANIEL: So I wanted to share that, say that -- I w fa well aware of that, but I wanted to express that out loud and th u're not going to deviate. By the expansion of these bounds, you're not going to deviate from your regulated law-abiding pra-ctwA that you've always been doing. MR. LYNN: That is correct. COMMISSIONER McDANIEL: So if there are no others, I would make a motion for approval. COMMISSIONER SAUNDERS: I'll second that at this point. COMMISSIONER SOLIS: I just had just one question. Page 90 July 13, 2021 COMMISSIONER McDANIEL: I'm sorry. I didn't mean to jump ahead of you. COMMISSIONER SOLIS: No, that's okay. That's fine. I'm going to support the motion, I think, based upon what I hear, but -- so these areas that are managed by the Forestry Service or some of agencies, I mean, you will have contact with these agencies i ti of what, if anything, you do, as Commissioner McDaniel w pointing out. This doesn't mean that you're just going t ®ay the entire Picayune, right? MR. LYNN: That's exactly -- we couldonotto do so. COMMISSIONER SOLIS: Right. Soain a little bit about these Arthropod Management Plans. Itate lands have to have a plan for specifically deali ith mosquitoes? MR. LYNN: Yes, that is true, est of my knowledge, we have, in one respect, an Arthr nagement Plan, and in another we have a Mosquito Man e ent Plan. In both cases -- COMMISSIONER SOL h, I thought they were the same. MR. LYNN: In bo we're talking strictly mosquitoes. COMMISSIONER IS: Okay. MR. LYNN: In o*vder for us to be more data driven and more effective at mee ' our mission, having access to these areas for the purposes of r rc nd establishment of an Arthropod Management Plan agree up by all parties -- and it may turn out to be a bit of a tussle, but ill get there. If we don't engage in this process, then weir o o be, as I mentioned before, behind the public health t e in short order. MMISSIONER SOLIS: Okay. Okay. Thanks. CHAIRMAN TAYLOR: Okay. So we have a motion on the floor and a second. Is there any other discussion? (No response.) CHAIRMAN TAYLOR: Just because I think we need to hear Page 91 July 13, 2021 from it again, I think either Ms. Budd or Mr. Cornell, will you come back up and refute this? I still haven't gotten my question answered: Why do we have to extend the boundaries if you're willing to cooperate? MS. BUDD: For the record, Meredith Budd, Florida Wil Federation. That is still my question. 1100 percent am in support Mosquito Control expansion to areas that are at the inte �e and close to the urban areas where we have people livin d I think it's great to be able to work with the Forest Servic ther entities to be able to study those larger areas. I don't h s to be included in the boundary to do that. CHAIRMAN TAYLOR: Yeah. MS. BUDD: I think that there, is a ty to have some sort of agreement, whether it be an MO U c ent, whether it would be a contractual agreement, however ant to word it, to work with these entities to do exactly w 're proposing to do for the safety of everyone here in Coll' y without including it in the taxing boundary. If it's not taxa a taxable area, I don't understand why it has to be included in thwtaxable boundary. CHAIRMI TAYLOR: Thank you. Mr. Co ? Mjan O LL: Brad Cornell, for the record, for Audubon Florida ubon Florida Everglades. Thank you for that follo estion, Madam Chair. 'Nee with Meredith Budd that there's no need to include pu conservation lands in a Mosquito Control District in order to coordinate on research, on monitoring, on strategies, and I want to emphasize strongly what our science staff said to me very, very vociferously, which was, it's a compromise to be spraying areas that have population, because this is a very sensitive part of the Western Page 92 July 13, 2021 Everglades. And so the fact that Rookery Bay surrounds Marco Island, I understand, Commissioner LoCastro, why that's a concern to your constituents and all of us. I go to Marco Island all the time. So that's an issue for populated areas. So we're willing to e that compromise and recognize the need for public safety, co b� and health, that we have to do mosquito control in populate eat but not in conservation areas. That does not make sens Os. It conflicts with the science and the reason for buying t conservation lands and protecting them, and an A d Management Plan should recognize that impo t ological value, and it just -- you know, I guess, if we're going t lk about science, that's the science. And I also want to emphasize tka really fair to say there is nothing that the Mosquito Cont ict can do when migratory salt marsh mosquitoes end up in u a or populated areas. That's what adulticiding is. They'v e doing that for decades, and they're very good at it, I say, because I live in one of those areas where it used to be -3 s flew over my house every night, and now it's helicopters. S9► they're good at that. That's the response to migratory mosq es. Thank you. I'm sorry, was there any other -- CHAI YLOR: No, unless -- I don't have any other questions ere. COM IONER LoCASTRO: I mean, I'd like to hear the rebu use the part I'm sort of missing is -- I understand not s Nhe protected areas, but the part about they're migratory for 20 0 miles, like I said, the mosquitoes aren't going to turn around when they hit the Marco Island, you know, boundary. So, I mean, I think what they're saying is it does affect those residential areas, and they're also committing that they're not going to spray as aggressively or they're going to work with you. I think all Page 93 July 13, 2021 they're looking to do is have that part included in the map so they have the authority or maybe the update to say that that's an area we will -- we now have the authority to look at in cooperation with your organization. I don't think it's giving them a blank check on all of a sudden, you know -- you know, fire up the helicopters or the airplanes or whatnot. MR. CORNELL: They're not going to do that today Mr. Lynn told you, but that is something that they said own the road possibly. And whether it's larvaciding or adult' g or integrated management with other strategies, unde g the base of the food chain is what our science staff are co ith, and it's not a small issue. And so I beg to differ with t you're hearing from the District. We think that they ca co plish what they need to do in terms of research, coordinat*o llaboration without including these public conservati 2a, that have no people or tax base in their district. COMMISSIONER LoC Don't you think, though, they would only come to you ' esearch, in collaboration with you, showed that the populatio f mosquitoes in these protected areas were such that there wV an overabundance, you know, that they're not just sprayin cause it's that time of the year, but they're noticing an unbelieva e *nfe ation that is affecting the surrounding residential re a nd that would be the times that they would want to address it ou, and I would hope -- and I would think you woul ow, be open to that. Z'NWCORNELL: So they have monitoring programs that, you kn hey send some poor guy out into the woods to watch -- COMMISSIONER LoCASTRO: That's Richie, I think, right? MR. CORNELL: Yeah. So -- and other ways to do that, of course, the carbon dioxide traps and all that kind of stuff. So they have ways to certainly determine whether there's a problem and, July 13, 2021 certainly, constituent complaints is not the least among those. And I -- you know, we're sympathetic to that, and we want to collaborate and coordinate with them. For generations we have not needed to do that on conservation lands. You know, there are black bears that live in Golden Gate Estates. There are panthers across Southwest Florida. There are mosquitoes. That's where we live. So t 1 the -- as Gary Bromley noted, you know, you wear DEET u spray your arms, you wear long clothes and long sleeve In you're smart. COMMISSIONER LoCASTRO: But decad we didn't have the density that we have of residential a n o things have changed, and I think that's why they're bringin it o us. I'm not sitting here banging on tables saying that, u now, they're 100 percent. We're trying to have j c tion here, but things have changed in those areas, espe 1i°l District 1 where the density of residential homes and commune e and whatnot have grown exponentially. So I know we 't done it before, but I think that's why they're here, becaus ink it might be long overdue to at least add it to the map. I esn't mean they're going to be spraying every day. • MR. COR L: I don't see what they gain by adding it to the map, though, ' sioner, with all due respect. COMMINWNER LoCASTRO: Okay. MR. ELL: I see their tools adequate to address the issue.. Rough adulticiding and larviciding, as they are doing. I t 'ay are -- they are robustly equipped to address the problem ev ith our increased populations, even with the expansion into eastern areas of the county. I guess I take issue with that assertion that there's something to be gained by adding these conservation lands, and that's perhaps something we agree to disagree on, but that's -- I guess that's our view. Page 95 July 13, 2021 CHAIRMAN TAYLOR: Thank you. MR. CORNELL: Sure. CHAIRMAN TAYLOR: All right. There's a motion on the floor and a second, to the background of thunder outside, I guess. All right. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. O COMMISSIONER McDANIEL: Aye. �• CHAIRMAN TAYLOR: Those opposed? Aye. It carries 4-1. Item # 1 OA EXTENDING THE IMMOKAL PACT FEE INSTALLMENT PAYMENT PILOT PROG HICH PROVIDES FOR INSTALLMENT PAY LOT '�JOF IMPACT FEES FOR NEW CONSTRUCTION LOCPc�'ED WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA, FOR ONE YEAR AND MODIFY E PAYMENT TERMS AND RELATED PROGRAM R.JXS N ORDER TO DETERMINE IF SUCH CHANGES I ROVE PROGRAM PARTICIPATION — APPROVI�j ISACKSON: Commissioners, that brings us back to IteS A, which was brought forth by Commissioner McDaniel. It's a recommendation to extend the Immokalee Impact Fee Installment Payment Pilot Program which provides for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area for one year, and modify the Page 96 July 13, 2021 payment terms and related programs fees in order to determine if such changes improve program participation. COMMISSIONER McDANIEL: Do we have staff report, or do you want me to go? CHAIRMAN TAYLOR: Commissioner McDaniel. No, 1 your turn. You're bringing it forward. I think we've all read,i COMMISSIONER McDANIEL: Yes. AA CHAIRMAN TAYLOR: I mean, I think we've al r a it. Are you -- COMMISSIONER McDANIEL: I'll make *4n for approval. Do you want me to sell you on it, -- CHAIRMAN TAYLOR: No. COMMISSIONER McDANIEL: I an, it's really quite simple. I'd be happy to give a brief e . n. COMMISSIONER LoCAST eah, give us a short version. COMMISSIONER McDANI The program was established, I think, in 2017/' 18, shortly of ecame the commissioner. It hasn't been participated i , .fit s largely due to the lack of economic feasibility with ,e program that was adjusted to what we currently have now. Aid we're making adjustments to make it almost be equal aying your impact fees up front and putting them in your mortggge and/or attaching them as a non -ad valorem assessment The iris-gt rate fluctuation, I think Amy shared with me this mo _ zeal close, but the benefit is, it's a user -based fee, so you ur portion of ownership and the impacts of that ownership, 2n when you sell your home, it travels on to the next. So I'll make a motion for approval. CHAIRMAN TAYLOR: Is there a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: Okay. There's a motion and a Page 97 July 13, 2021 second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimousl MR. ISACKSON: Thank you, Commission Item # 11 B RESOLUTION 2021-157: A RESQ PROPOSED MILLAGE RATES AS - TAX RATES TO BE LEVIED ADVERTISED PUBLIC HE FOR THE BUDGET APB' ESTABLISHING MAXIMUM PROPERTY 022 AND REAFFIRM THE DATES IN SEPTEMBER 2021 PROCESS — ADOPTED MR. ISACKSON- ; Item 1113 is a recommendation to adopt a resolution estab ' ing proposed millage rates as the maximum property tax x,e�s to e levied in Fiscal Year 2022 and reaffirm the advertised j2ubNhearing dates in September 2021 for the budget approv_a_ 1 p S. and Firm, the director of Corporate Financial Planning a gement Services, will present or answer questions. R. FINN: Thank you, Mr. Isackson. Good morning, Commissioners, Edward Finn with the Office of Management and Budget. Just a couple of matters for the record. July 1 begins the formal truth in millage process, which we call TRIM. That's -- the statute mi July 13, 2021 governs that to govern our budget process and the adoption of millage rates. On July 1, the Property Appraiser provides to us certified taxable values, and he has done so. Today we're proceeding with the next step in our TRIM process. This step requires adopting a resolution, establishing the proposed millage rates as the max'- 1 millage rates to be levied in FY22. The attachments to this item, 11 B, provide the ma 'u n millage rates that are proposed, tax dollars raised by millage rates, and the July 1 st certified taxable values. The resolution also affirms, or reaffirms, ber 9th and September 23rd, 2021, at 5:05 p.m. as the date o the public hearings to adopt the FY21 /22 budget. The last thing that I would like.to, x is that the Board's tentative budget will be provided - c out July 16th. This document will incorporate change 'ven by the July 1st certified taxable values as well as othe i'hges coming out of workshop discussions. Staff recommends a 4 tion of the resolution. CHAIRMAN TAYLOIZ: There's no questions up here. Mr. Miller, do vj4ave any -- MR. MI R: No public comment, ma'am. CHA TAYLOR: Okay. So seeing none, do we have a motion or nd here? I'd like to move for approval. O, SSIONER LoCASTRO: Second. lr4�KIRMAN TAYLOR: Okay. Motion on the floor and a seoW. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. Page 99 July 13, 2021 COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. FINN: Thank you very much. Thank you. Item # 11 C RESOLUTION 2021-158: A RESOLUTION D COUNTY MANAGER TO TAKE IMMEDIATE MAKE THE MINIMUM NECESSARY REPS Thank oAIG THE ON TO WIRED TO FACILITATE THE TRANSPORT OF EMER CY SERVICE VEHICLES ON 42ND AVENUE SE ANAAP ROVE ALL NECESSARY BUDGET AMENDlYI. ADOPTED MR. ISACKSON: Commissiors, that moves us to Item 11 C. It's a recommendation to appr 11nesolution directing the County Manager to take immedi n to make the minimum necessary repairs required to facilita e transport of emergency service vehicles on 42nd AvenW Southeast and approve all necessary budget amendments. Michelle Arnold, the director of your Public Transit and N,eq' b ood Enhancement Services, will present. MS. RND: Good afternoon, Commissioners. I'm he present an item that came to us from the Fire Dep the Greater Naples Fire Department, after an inspection t id on that particular road noting the conditions of 42nd A e Southeast as being approximately a 30-plus minute -- causing a 30-plus minute delay in emergency vehicles if they're able to respond to incidents for fire or other emergency services. You -all have a process that's in place that allows you -all to Page 100 July 13, 2021 conduct repairs, emergency repairs on private property. I'm bringing forward to you this process now and asking that the Board, as a part of that process, waive notices to the public hearing, although we did provide a courtesy notice to all the property owners along that roadway; direct the County Manager to take immediate action to complete minimum repairs of that facility; and follow the necessary -- following the necessary repairs, direct the Coin Manager to place an item on your agenda so that we co44 establish an MSTU or BU to recollect the monies that were ex ed to do those repairs. CHAIRMAN TAYLOR: So, Ms. Arno e'�oticed the property owners that -- for this hearing, or you e o iced them that the intent of the county is to establish an T , that there is another hearing that has to have that happen,? MS. ARNOLD: We notifie particular hearing. CHAIRMAN TAYLOR: this particular hearing. - Sf Mr. Miller, anyone? MR. MILLER: Wbne registered public speaker, ma'am. CHAIRMAN TAYL Let's hear from -- MR. MILLE : ' dour registered speaker is William Spencer. MR. SPEN R: Good afternoon. CHAI AYLOR: Good afternoon. MR. PE ER: My name's William Spencer. I don't know if you know 'story of 42nd, but when my parents moved back out there ' Os, they had -- it was called an access road off of 84, a i ddress was an 84 address. It was like 300 and something th d 84, State Road 84 address. When I-75 came through and cut off that access road, the state sent -- and I saw these documents from George Archibald when he was the transportation director -- stating that the state has turned all the access roads off that was cut off by the I-75 to the county. Then Page 101 July 13, 2021 when -- and George maintained that road for -- while he was in office. He didn't do it -- he only did it when it was necessary. He didn't have a regular maintenance on it, because it was only just my father and mother living there. Since then there's two more houses plus a brand-new one going up now on that road. But since then, since that access road was turned over to, hr, county by that document -- but the way it reads, it's not 42nd-or t1at particular access road. It's all access roads adjacent to ' 5 through Golden Gate Estates. That's the way it was written. since then the county made new addresses out there and pres it as 42nd now Avenue, which I believe has included th oa n e Golden Gate Estates system. And we've been paying x s on that for more than 40 years. And I hear her say that th want to put an MSTU on it, and that means I'll have to pay fol theta again after paying taxes on that property for 40 years. �`� And I don't think that's righ to be able to have to do that. You should be at least -- it's a ock road. At least make it passible for the emergen es. And I see my time's and I hope you agree with me and not make that an MSTU. Thank you. CHAIRM TAYLOR: County Manager, do we have any record of the eo-unt , epairing that road? MR. ACPON: I have to rely on our staff, but I know of no such recor QaAURMAN TAYLOR: Ms. Scott's coming forward. MISSIONER SOLIS: Is it -- is it a private road, or is there ;` right-of-way? MS. SCOTT: So we went back to look -- the roadway actually falls within the Florida Department of Transportation right-of-way for I-75, and there is an easement for the roadway. That easement is not to benefit the public. It's not a public easement. It's an Page 102 July 13, 2021 easement -- an access easement for the benefit of the property owners. We have documentation from the Florida Department of Transportation dating back to 2007 where this issue had come up previously where they provided to us that they do not maintain the roadway and that, in our research, we did not maintain the either. So that was a private roadway with an access ease benefit of the Gulf American Land Corporation and future to construct and utilize the service road. , ( CHAIRMAN TAYLOR: taxes on this easement? So do they pay COMMISSIONER McDANIEL: MS. SCOTT: No. CHAIRMAN TAYLOR: itself. No. COMMISSIONER McD MS. SCOTT: No taxes, It's a -- they CHAIRMAN TAYLOR: MS. SCOTT: CHAIRMAN TAYL wners on the easement t on their land. eir typical property taxes. t, yes. Yes, of course. Commissione Mcpariiel. COMMISS ER McDANIEL: Yes. I'd like to make a motion to act n mber -- staffs recommendation for 1 and 2 and set aside 3 n ntil September when we come back and address the issue in ' ferent manner than just -- I mean, our emergency servi told us there's dire need for people with the fires and aGe , our first responders. So I'd like us to take care of that and thyc me back in September and address the "how it's going to get paid back" issue. CHAIRMAN TAYLOR: I'll second that motion. That's a very fair way of doing this. Commissioner Solis. Page 103 July 13, 2021 COMMISSIONER SOLIS: I'm just trying to figure out if it's a private road and it's really just a private easement for the property owners to maintain the road, what's going to change by September? I mean, that's a legal issue. And we get back to the issue that you and I have discussed before. COMMISSIONER McDANIEL: Yeah, we're going to N debate that again in September. Because, again, this is a c y -- COMMISSIONER SOLIS: I just -- Ar COMMISSIONER McDANIEL: I don't want ,*o having said all that, I don't want to implement an MSTU ' this particular street, because there is a far more equita ay to take care of all of our public roads for emergency a e s an the implementation of a specific MSTU on thr4kesi ents and the owners of this road, and we could -- we'll dib y �An September, not today. But today is to take care of 1 commendations of our first responders. CHAIRMAN TAYLOR: is a flag gone up, so now you're considered warned, right . , COMMISSIONER IS: Okay. COMMISSIONEF.,eLoCASTRO: And 1 and 2 completely does that, right, Ms. old? CHAI YLOR: Yes. MR. KLA KOW: But if you don't go 3 and 4, we don't bring it back. SSIONER SOLIS: It's got to come back. KLATZKOW: It's got to come back. So we would come ba hen the repairs were completed and then ask you whether or not you're going to consider this a public road, in which case we do nothing, or private road in which case we do something. COMMISSIONER SOLIS: I mean, we -- question for the County Attorney. If it's a private road and we -- and we improve it Page 104 July 13, 2021 with public funds, can we waive that? I mean, that's -- there's issues with having private -- MR. KLATZKOW: The Board would have to make a finding that this is a public road to use public funds. COMMISSIONER McDANIEL: Right. MR. KLATZKOW: But we're not necessarily at that p i time. Staff will come back, and on the issue of whether or to establish an MSTU, the Board can make that determine COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: Yeah. That's -- COMMISSIONER McDANIEL: So a cr ing the line legally by only taking care of 1 and 2, or can t care of the entire -- MR. KLATZKOW: But if yogi and 2, staff doesn't come back. COMMISSIONER McDANI Right. Well, the staff is coming back, because I'm goi enerate staff to come back with a different mechanism for yment. MR. KLATZKOW: ah. But now you're -- but now you're using public funds on vjAat staff believes to be a private road. COMMISS ER McDANIEL: And I'm asking you. So if I need to do 3 4 t accomplish the first responders' need, then I'll do 3 and 4 o d then amend accordingly when we come back. MR. ZKOW: I would recommend you do 3 and 4, and ..G your ar item, you can bring forth at that very same time. MISSIONER McDANIEL: Then that's -- I'll amend my m 'o to do that, because the important thing is is to be able to get the protection -- COMMISSIONER SOLIS: Get it done. COMMISSIONER McDANIEL: -- for the people and then -- and the maintenance. Page 105 July 13, 2021 CHAIRMAN TAYLOR: I'll agree to the amendment. So we have a motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like si 0 (No response.) CHAIRMAN TAYLOR: It carries unanimo It is 12:30 right now, and we will break o for lunch, but we have business, the county business to do an t complete before we hear our hearing at 1:00. And if you ember the agenda, when it was published, the issue of the BiV a . Sanctuary -- County Sanctuary is not to be heard befor hich means it could be heard at 2:00 or 3:00 or 4:00. I' I suggesting that, but we will complete the county business o we go to this hearing. COMMISSIONER EL: Do you want to go ahead and take care of them now? an, most -- CHAIRMAN :TALO No. COMMIS S ER McDANIEL: No, you don't. CHAI YLOR: So I think right now we're moving into 11 D; is th orrect? MR. I9AVKSON: You have 11 D, 11 E, and 11 F. You have three eta on the agenda on the County Manager's side. IRMAN TAYLOR: That's fine. If there's an agreement UP , I think we should just go through these three items and then Brea for lunch. COMMISSIONER McDANIEL: That's what I just said. Item # 11 D Page 106 July 13, 2021 INCREASING PURCHASE ORDER NO. 4500204651 ISSUED TO Q. GRADY MINOR & ASSOCIATES IN THE AMOUNT OF $5,427,219.00 FOR THE "PALM RIVER PUBLIC UTILITIES RENEWAL PROJECT", TASKS 2 AND 3 OF AGREEMENT # 19- 7523, PROJECTS #70257 AND #60234; AND AUTHORIZE NECESSARY BUDGET AMENDMENTS — APPROVED MR. ISACKSON: Commissioners, that brings yo Otem 11 D, which is a recommendation to increase [sic] Pu Order No. 4500204651 issued to Q. Grady Minor & Associa he amount of $5,427,219 for the Palm River Public Utilitie en al Project, Tasks 2 and 3, of Agreement 19-7523, Project 5 and 60-234; and authorize all necessary budget amendme Mr. Tom Chmelik, your Public.0 ngineering and Project Management director, will presen . �, CHAIRMAN TAYLOR: C issioner Solis. COMMISSIONER SOL would make a motion to approve. COMMISSIONER EL: I would second it. CHAIRMAN TAYLAR: Yeah. COMMISSIONEI�*McDANIEL: That's a fine presentation. CHAIRM TAYLOR: Do we have any public speakers? MR. MIU�R: No, ma'am, I don't have speakers on any of these next hreNtems. CHA N TAYLOR: All right. Thank you. So we have a motion on the floor and a second. T `�n other discussion up here. All those in favor, say aye. MMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. Page 107 July 13, 2021 CHAIRMAN TAYLOR: (No response.) CHAIRMAN TAYLOR: very much. Those opposed, like sign. It carries unanimously. Thank you MR. CHMELIK: Thank you, Commissioners and Madarr'. Chair. Item # 11 E THE WATER, WASTEWATER, IRRIGATION ITY WATER, AND WHOLESALE POTAB SER RATE AND FEE STUDY AND DIRECT THE CO ANAGER OR HIS DESIGNEE TO ADVERTISE A RE L TION AMENDING SCHEDULES ONE, TWO, THRE%, END ND FIVE OF APPENDIX A TO SECTION FOWDED, OLLIER COUNTY ORDINANCE NO. 2001-73, AS TITLED THE COLLIER COUNTY WATE ER DISTRICT UNIFORM BILLING, OPERATIN EGULATORY STANDARDS ORDINANCE NO. 2001-, `fir AS AMENDED, WITH AN EFFECTIVE DATE OE ,OCTOBER 1.2021 — APPROVED MR. IS SOT: Commissioners, Item I IE, it's a recomme atift to accept the water, wastewater, irrigation quality waterZandresale potable water users rate and fee study and direct the rney or his designee to advertise a resolution a IWITM Schedules 1, 2, 3, 4, and 5 of Appendix A to Section 4 of th lier County Ordinance No. 2001-73 as amended titled the Collier County Water and Sewer District Uniform Billing, Operating, and Regulatory Standards ordinance as amended with an effective date of October 1, 2021. Ms. Amia Curry, manager of the Public Utilities Financial and Page 108 July 13, 2021 Operations support sections, will present. MS. CURRY: Good morning, Commissioners. CHAIRMAN TAYLOR: Good morning. MS. CURRY: Or afternoon. I'm Amia Curry, the Public Utilities Financial and Operational support manager. This presentation summarized the Water/Sewer District Rate Study recommendations that we developed with Reftet ur rate consultant. CHAIRMAN TAYLOR: I'm sorry. If you cost speak a little bit -- yes, thank you. MS. CURRY: And this covers Fiscal Y s through '24. The primary driver of the proposed rate is a ital reinvestment. That's to repair, rehabilitate, and replace in rastructure. District utility infrastructure is continuously®gr nd aging, and it currently includes more than $1.in total assets, which are depreciating at more than $4&im�llcrl each and every year. Cash and carry, currentprocess, and planned capital investments through Fisctical infrastructure investments total $409 million. Inflationary e fects..on operating costs are also a contributing factor, and the Nkonal Association of Clean Water Agencies, or NACWA, Co f Nan Water Index reports historical and forecasts nationwid uti cost increases well in excess of inflation suggested by the Con r Price Index. The District is experiencing this firstlik ugh significant cost increases for utility parts commonly u system like meters and PVC pipe. �6MMISSIONER McDANIEL: Can you back up that last slide just one quick second for me, please. I just want to just make sure I have that all in my brain. COMMISSIONER SOLIS: PVC pipe. CHAIRMAN TAYLOR: I know. That was curious. PVC Page 109 July 13, 2021 pipe. Why that? COMMISSIONER SOLIS: Yeah. What's that attributable to; petroleum costs or -- MS. CURRY: It's the cost increases we're experiencing for the parts related. COMMISSIONER SOLIS: Parts. COMMISSIONER McDANIEL: And, again, relatively-, speaking, this is a -- these are short-term impacts on a c Wehat we're going through right now. This is not the impe r the rate increase. The rate increase suggestion is to supp expansion of the overall system and the repairs and mainte c apt have ov necessarily going on forever. Some of the rea o s t at -- I mean, it's -- hopefully it's going to be a short-liv circumstance with the cost of materials and things that we're rough right now. MS. CURRY: Specifically irs, maintenance, and replacement. The growing infras ure is covered by impact fees. COMMISSIONER McD L: Okay. You can proceed on. I'm -- MS. CURRY: Thank you. COMMISSIONER,McDANIEL: Thank you. Thank you for that. MS. CU51,Y: The NACWA Cost of Clean Water Index averages 3 7 percent over the period covered by the previous and current rat ies, and district user rates proposed by those studies aver 3.64 percent over that same period. p truction indices are also relevant, and they reflect average cost,,,O alations similar to NACWA and significantly higher than CPI. The proposed user rates in this study provide the revenue required to operate and maintain the utility; to restore critical funding to repair, rehabilitate, and replace utility infrastructure; to meet user Page 110 July 13, 2021 fee debt service obligations; and to maintain the disciplined rate setting cited by Fitch in their reaffirmation of the District's Triple A credit rating. COMMISSIONER McDANIEL: Can I ask a quick question? CHAIRMAN TAYLOR: Of course. COMMISSIONER McDANIEL: Is this -- these are all programmed expenses that are all part of our capital asset arA . maintenance and replacement budgeting that we're goin % irbugh? MS. CURRY: As well as operating for the fut COMMISSIONER McDANIEL: Okay. MS. CURRY: The water, wastewater, i at water will be adjusted on a percentage basis as 'n is ted with the exception of Fiscal '22, which will be adj d y 2.9 percent, and backfilled by one-time CARES federa of $10 million for capital improvements. The study also addresses mneous service fees which are adjusted based on actual dire c for labor, materials, and equipment. And while ict does not have any current wholesale water agreeme rates are established for use as needed and moved by 4.9 percept. There are factors that affect user rates, including the treatment typ r qui d, affluent disposal, the size of the utility, bond covenants ev f capital investment in the utility infrastructure, as well as fisc icies. trict's proposed rates remain competitive. They're h' t n 14 but lower than six of the utilities surveyed as part of th study and, notably, 11 of the surveyed utilities plan to con uct or implement their own rate revisions within the next 12 months. The District recommends that the Board accept the user rate and fee study and direct advertisement of a resolution amending the rate Page 111 July 13, 2021 schedules with an effective date of October 1 st, 2021. Thank you for your consideration, Commissioners. CHAIRMAN TAYLOR: Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: I'll move for approval. CHAIRMAN TAYLOR: I'll second. COMMISSIONER LoCASTRO: Second. 1 CHAIRMAN TAYLOR: Motion on the floor and e ond. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in f r, ye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: CHAIRMAN TAYLOR: Aye, COMMISSIONER SAUND S ye. COMMISSIONER McDANI Aye. CHAIRMAN TAYLOR: se opposed, like sign. (No response.) " I CHAIRMAN TAYL It carries unanimously. Thank you. MS. CURRY: Tlwnk you. Item # 11 F A�l THE SOLIVWASTE RATE STUDY AND FINANCIAL FOR THAT SUPPORTS AN ANNUAL AVERAGE E IN TIPPING FEES OF 3.25% AND UNIFIES THE S WASTE DISPOSAL RATES AMONG SERVICE DIS RICTS I AND II, AND TO DIRECT STAFF TO INCORPORATE THE RECOMMENDED TIPPING FEE RATES INTO THE ANNUAL RATE RESOLUTIONS, THAT WILL SUPERSEDE RESOLUTION 2020-154, AS AMENDED, FOR Page 112 July 13, 2021 FISCAL YEARS 2022-2024 — APPROVED MR. ISACKSON: Commissioners, Item 11F is a recommendation to accept the Solid Waste Rate Study and Financial Forecast that supports an annual average tipping fee increase o 3.25 percent and unifies the solid waste disposal rates among Service Districts 1 and 2, and district staff to incorporate th recommended tipping fee rates into the annual rate resolutiAs that will supersede Resolution 2020-154, as amended, for 1 Years 2022 to 2014. Kari Hodgson, your Solid Waste and Hamar aste Management director -- division director will e en or answer questions. MS. HODGSON: Good after o missioners. I've prepared about a five-minute pres tLli if you'd like to see, or if you have any specific questions. COMMISSIONER McD L: Do it in three. MS. HODGSON: e's Kari Hodgson, your director for Solid Waste, for the recor CHAIRMAN TAYLOR: Anybody? Commissioner McDaniel. COMMAOSER McDANIEL: I'll make a motion for approval. COM IONER LoCASTRO: Second. SSIONER McDANIEL: I've already seen it. IRMAN TAYLOR: I have a quick question. MS. HODGSON: Sure. CHAIRMAN TAYLOR: I know we harvest the methane, correct? MS. HODGSON: Yes, ma'am. CHAIRMAN TAYLOR: Okay. I was listening to the radio, Page 113 July 13, 2021 and I don't know if we're on the forefront of it, but I think we've been doing it for several years; is that correct? MS. HODGSON: Yeah. CHAIRMAN TAYLOR: Okay. We are on the forefront of it as a county, are we not? . $ r MS. HODGSON: Absolutely. We collect the methane kayW generated from the landfill, and we take that, convert it to ergy, sell it back to the grid. CHAIRMAN TAYLOR: Yeah. Congratulation, MS. HODGSON: Thank you. CHAIRMAN TAYLOR: You're welcome, COMMISSIONER LoCASTRO: Yeah. just want to echo, you know, we've got -- sometimes we get nes thrown at the county staff here and there of all the things ew ' oing, and this, that, and the other. You've got one of our super fight here doing amazing things. I mean, I've seen it fi d. You know, you've taught me a lot, taught all of us a to . just want to say in public that, you know, continue what you oing. You have a bright future whether you continue to work fV us in government or do other things. And you really have Alaff that you have energized. They have an incredible, y o , amount of enthusiasm and whatnot for something hat ybe isn't as popular of a topic to a lot of people. But you all inly think it's great and wonderful, and that's all we care o .i -great work, Kari, for what you -all are doing and the awards yo&ro winning and your initiative and your hard work. MS. HODGSON: Thank you for your support. Thank you. (Applause.) COMMISSIONER McDANIEL: You hear that. That's all them clapping for you. Page 114 July 13, 2021 MS. HODGSON: Thank you very much. CHAIRMAN TAYLOR: All right. So there's a -- COMMISSIONER LoCASTRO: Don't get cocky. MS. HODGSON: Keep it trashy. CHAIRMAN TAYLOR: There's a motion on the floor anz**,,, second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say a COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: CHAIRMAN TAYLOR: Those , like sign. (No response.) CHAIRMAN TAYLOR: atulations. And congratulations to Dr. Yilmaz tarted this. COMMISSIONER EL: Yeah. He's the one that's orchestrating all that. MS. HODGSON: Thank you, Commissioners. CHAIRM TAYLOR: Thank you. All right. I think we've completed o o g business; is that -- MR. A ON: You have. Thank you, Commissioners. CHA N TAYLOR: All right. So at this point we will break o hour and come back at 1:40. COMMISSIONER McDANIEL: That's 59 minutes. (A luncheon recess was had from 12:41 p.m. to 1:40 p.m.) MR. ISACKSON: Madam Chair, Commissioners, you have a live mic. Item # 1 OB Page 115 July 13, 2021 RESOLUTION 2021-159: BOARD TO CONSIDER ADOPTION OF A COUNTY ORDINANCE ESTABLISHING COLLIER COUNTY AS A BILL OF RIGHTS SANCTUARY COUNTY — MOTION TO APPROVED —FAILED; MOTION TO ADOPT RESOLUTION SUPPORTING THE CONSTITUTION AN��; OF RIGHTS —ADOPTED CHAIRMAN TAYLOR: Good afternoon. We aXe-here this afternoon to discuss one item, and that is the bill o f sanctuary -- county sanctuary item that is on 0 a d Thank you for your patience this morning. We took care f e business of Collier County. We are going to have at this pojn Mr. Miller, if you can tell us, please, how many speaker r w long you anticipate it to go to. MR. MILLER: We -- a g now we're stopping registration at this point, 117 registered speakers both online and herein person. That es out to three hours and --or excuse me, five hours and 51 minutes. CHAIRM TAYLOR: So six hours of public comment, and that does not nt r people coming up to the podium or for any questions at y come from this dais to you. So it i intention to have each speaker be given three minutes to spec, and " that would bring it to six hours of public comment. uptc (hear differently up here, that's what we're going to do. :PMMISSIONER McDANIEL: Just with the proviso, there again, if someone else has already said what you have said, you can just come and affirm that, state your name and such for the record, and reaffirm what's already been said in advance just so we aren't repeating. Page 116 July 13, 2021 CHAIRMAN TAYLOR: We are going to have a break. We will take that break accurately not -- we're not going to interrupt someone from speaking. They'll be -- the breaks will be at 3:15 to 3:30 for our court reporter, and we will have a dinner break, an hour, at 5:00, and we'll come back at 6:00, so you know that. And the we're going to have another break at 7:30 until quarter to 8:00 then we'll have another break at 9:00. We're ladies and gentlemen of the jury listening toere. s and gentlemen. We ask you to respect the speaker that's Whether you agree with them or not, just respect t And we look forward to a very vigorous discussion this aft oo hank you. So go ahead. 11 COMMISSIONER SOLIS: Can I j ma e a comment? CHAIRMAN TAYLOR: As to about procedure. COMMISSIONER SOLIS: CHAIRMAN TAYLOR: Q COMMISSIONER SOL - `Nell, it's about -- it's about how we're going to go about t ess. CHAIRMAN TAYL R: I'm going to address that for a minute. COMMISS ER SOLIS: Okay. CHAIRMAN YLOR: So. CO ISS�ONER SOLIS: Well, I just wanted to -- you know, right now t s a lot going on in Cuba. And the people in Cuba that e the ability to do this, you know, because -- and that h subject to not having any rights for decades are right now, in iddle of, you know, government oppression, reprisals, arrests that -- the president there has called for, you know, civil war. You know, this is a process that we're very fortunate to have, and we ought to treat it that way. A lot of people around the world, especially in Cuba, don't have, you know, what we're blessed to have Page 117 July 13, 2021 and which is the bedrock of our democracy, and that is the ability to come here and have a civil discourse over something that we all feel passionately about. And so I hope -- I hope that while we're going through this we can keep in mind what's going on in Cuba, how blessed we are to be able to do this and to treat it as, you know, sacred thing, because not everybody has this opportunity. CHAIRMAN TAYLOR: Thank you. Thank you. (Applause.) CHAIRMAN TAYLOR: So we'll begin with issioner McDaniel, who brought this before us, but I didn't executive summary on the agenda. COMMISSIONER McDANIEL: There ta-91'no need for an executive summary. We were just bring' it 6ack for an adoption hearing. We already advertised it as CHAIRMAN TAYLOR: B Ii, 't see an executive summary in the other one and, a ately or fortunately, the executive summary, one of th 1 s that talks about is fiscal impact of whatever we're bringi revs no fiscal impact, there is fiscal impact, have you made th determination? No. COMMISSIONED McDANIEL: Me, myself, no. CHAIRM -TAYLOR: Okay. COMM O ER McDANIEL: I mean, there are -- I haven't made thos fis -- that fiscal impact determination. That's not a requisite o e to do. AN TAYLOR: Okay. All right. Well, I think what I' `%do is the way we're going to proceed with this is I'm going to ur County Attorney to speak to us, and then we're going to go righ into the public speaking, and we're going to take folks -- I've asked the Rosenbergers to speak first, and I think Ms. Heuser will speak second, and then we are going to follow the list that came to our -- Mr. Miller. Page 118 July 13, 2021 So, County Attorney Klatzkow. MR. KLATZKOW: The narrow issue presented to the Board is whether or not the Board wishes to adopt the ordinance that is presented to it. You just had a few comments as to what this ordinance actu y does. First off, it defines as an unlawful act a federal statute regulation that restricts or violates an individual's constituti rights. With that as the starting point, it provides that a ( icial of Collier County presumably, together with their e es, while acting in the official capacity, is in violation i d'nance if they intentionally participate in an unlawful act -- a ai , t at's a federal act or regulation that is unconstitutional - _utilizes any funds allocated by any entity to Collier Co®u gage in the enforcement of an unlawful act. The act does a couple of thin ne, understand that by official of Collier County we t king about the five of you, we're talking about the five co nal officers, and we're talking about the five members of the s 1 board. Those 15 people constitute the officials of Collier �jounty, together with their staffs. The ordina creates an implied waiver of legislative immunity. 'ca when the Board of County Commissioners acts in a legisl ive nner, if suit is brought against you, you are not personally This ordinance specifically provides that you are liabl are in violation of this ordinance. And, again, that i s` he constitutionals and the school board. ere is no standing requirement. You do not have to allege that you, yourself, were harmed in order to bring a cause of action on this one. And I say that because the big issue here is not going to be damages. It's going to be attorney's fees, all right. And there's an incentive for attorneys to bring actions under this because every hour Page 119 July 13, 2021 they put in is an hour they can bill presumably at -- if they're successful. The last thing is that this includes the acceptance of a federal grant. Again, it includes funds allocated by any entity to Collier County. And Mark Isackson can confirm that federal grants co with a substantial number of requirements that you comply a enforce federal law. And I'm just going to put on the moni ome of those requirements that we have to engage in. O This list was prepared by Terese Stanley who is urge of our compliance for grants. That's Page 1. Mr. Isack you could put on Page 2; that's Page 2. If you could pu e ;that's Page 3. If you could put on Page 4; that's Page 4. o 1 you put on Page 5. All right. I will note that this Do a ery meeting on the consent agenda approves items th v clude a federal grant. Same goes, I presume, for the sch oard as well. If anyone challenges any of these grants ny one of those plethora of ordinances, rules, and re s is deemed to be unconstitutional -- and I c of tell you whether or not they are or not because again, it's pleora of them, and they change them all the time -- you'll be sonally liable. That's what this ordinance does. CHAI YLOR: Are there any questions? Okay Yes, Commissioner Solis. COM IONER SOLIS: Just a couple of questions. Mr. ttorney, in terms of the waiver of statutory immunity, I retically we could do that if we wanted, right? R. KLATZKOW: If you adopt this ordinance -- COMMISSIONER SOLIS: You would be. MR. KLATZKOW: -- you would be. Now, you have the supervisor of elections. A substantial part of her job is the enforcement of, well, the federal elections laws. She has statutory Page 120 July 13, 2021 immunity. I do not believe you can waive that, but that will be a fight before a judge somewhere along the line. But you clearly would be waiving your own legislative immunity. COMMISSIONER SOLIS: But we as a County Commission cannot waive another constitutional officer's immunity. It's thei immunity. It's not our immunity to waive for them. MR. KLATZKOW: That would be my legal argumeI was representing them, yes. COMMISSIONER SOLIS: That's all I wanted ow. Thank you. CHAIRMAN TAYLOR: Commissione a e s. COMMISSIONER SAUNDERS: When o s arted talking about immunity, I was thinking about -- I' I seeing a representative of the Sheriffs Office here. I assume �e'. aking on this. When you mentioned immunity, I was t of qualified immunity. So this will not affect law enforZ*Fthat icers' qualified immunity. Is that accurate, or does it raiseion as to whether it does? MR. KLATZKOW: goes along with Commissioner Solis' comments. I don't ly -- I don't really think you can waive another constitutional oXcer's statutory immunities. It would be something that old be argued before a judge. But I do think you can clearly w v y - r own. Comyl NER SAUNDERS : Thank you. COM IONER McDANIEL: And on that note, Madam Chai ted off a few people that were coming to speak. I IN, to invite Colonel Bloom. I believe he is serving as the sh 'f today while our sheriff is off doing whatever he's doing. So I'd li e to have him come sooner than later. Not exactly -- you know, you already invited the Rosenbergers and Ms. Heuser, but I'd like to make sure Colonel Bloom gets up as well. CHAIRMAN TAYLOR: All right. Any other questions? Page 121 July 13, 2021 (No response.) CHAIRMAN TAYLOR: All right. We're open for public comment. MR. MILLER: All right. Madam Chair, we did get -- close the registration online. That number went up slightly. So we'r t 123. I will remind our speakers to please use both podiums queue up. I also want to alert you that 30 seconds before time is up, you will hear a single beep -- do not let that startl -- and then you will hear a repeated beep when your time is As the Chairman alluded, James RosenbergeyNN&Carol DiPaolo would like to use their three minutes together fQj a a of six minutes, and they will be followed by Kristina ser, and then Scott Relf. CHAIRMAN TAYLOR: Anq w g to hear from our sheriff. �} MR. MILLER: You want -o r from him first? CHAIRMAN TAYLOR• tthird speaker. MR. MILLER: O ant -- yes, ma'am. CHAIRMAN TAYL Thank you. And if you'd like to use the other podium, ma'apt. Are you al ht? MR. MI R: Possibility of a late ceding of time. I don't have it her . look for it while we get started. CHA AN TAYLOR: And if you are ceding time to a spea need to be present. Now, you might be in another ro e have -- I believe we have some communication with the of om. You need to raise your hand or notify us that you are here. Other than that, you will not have the additional three minutes. MR. ROSENBERGER: Good afternoon, Madam Chair, County Commissioners, local officials, as well as the citizens of Collier County. I want to thank everyone for being here. I am the Page 122 July 13, 2021 petitioner for the Bill of Rights Sanctuary County ordinance. My name is James Rosenberger. First I'd like to acknowledge what Commissioner Solis said about the situation in Cuba presently. He's 100 percent on the money. There's an oppressive government there, and that's why stand here today, because I do not want our government oven g or overstepping their bounds. Today marks the culmination of many months of w o finally bring this issue to a vote. I would like to thank all o e involved in this effort, because without so many people in t kground working so hard, I would not be standing her Fourth of July just passed nine days ago. ope everyone enjoyed the day and celebrated what has n eemed the birth of our country. Most people don't realize nth' , was a treacherous act to sign the Declaration of Indepene The 56 signers of the document knew that they were p n their names on that paper, and they were signing their own d arrants. Their signatures assured that they were wdie for what they believed in. They were truly ahead of their t We had a mantra in the fire department. It wa leay ,follow, or get out of the way. I understan e concerns expressed by counsel regarding liabilities by ov g this ordinance. I can't help but wonder what the signat ies the Declaration of Independence would have in response to e concerns. They faced death. in Collier County have the capability to move this o forward and be the first county in the state of Florida to do so. e have the potential to bring this statewide as suggested by Congressman Byron Donalds, Legislator Bob Rommel, and Sheriff Kevin Rambosk. We can either lead, follow, or get out of the way. I prefer to lead. Others will follow. Today you have the opportunity to lead from your position of power. You were elected Page 123 July 13, 2021 to represent we the people. I implore you to give your utmost consideration and pass the Bill of Rights Sanctuary County Ordinance for Collier County. You can lead today. You can always follow because that's the safe route, or you can get out of the way. If you're incapable of leading to" maybe this job isn't for you, and I suggest, along with we the , that we get -- that you get out of the way, step down, and m room for someone who will lead us like our forefathers did al st 250 Ak years ago. Thank you for your time. (Applause.) MS. DiPAOLO: Thank you, Commissio e For the record, here is a brief history on how we got tow e we are today. In the month of February of this year, seven cquaintances, sat around a kitchen table. We were , we were Protestants, we were devout Catholics. We wer New Jersey, Massachusetts, Wisconsin, and South Africa. What did we have i on? Concern, anxiety, fear, and anger. Concern due to th overnment's overreach precipitated by the COVID emergency anxiety from the draconian measures taken in each of the statee0kve were fleeing from, fear from the threats coming from D.C., Zatscause g , that our rights were being trampled upon. What of this fear and anger? President Biden and his pen,rddsecided ecutive orders he was signing and the threats coming from o''We asked ourselves, what was the most pressing c it was gun laws and their regulations and re dons. On March 23rd we came before you with the Second Amendment Preservation Act but hit a stumbling block in Florida Statute 799.33. This was a huge disappointment since, we along with the people in the community, worked for three long weeks in hot blistering sun collecting 6,000 signatures supporting the cause. Page 124 July 13, 2021 Around March 25th, we were contacted by Keith Flaugh from the Florida Citizens Alliance and Cary Scott, general manager of the Alamo, both of whom we did not know. Within a very short period of time, my husband and I found ourselves meeting with some very influential and prominent people here in Collier County. With the help of Keith Flaugh, Kristina Heuser, and th4ts ts attorney, a new document was drawn up, hence the Bill of Sanctuary County ordinance. It is not just the Second ee dment that's being infringed upon. It's all of our rights. Commissioner Taylor, during our phone cony on last week I informed you about Biden's secretary -- Pre e a Jen Psaki telling the public on July 6th during a press co e ence that there will be a strike force of people going door to r coercing unvaccinated people to take the shot. Would I bey i say that there was concern? This would be violatin N�Tourth Amendment right. Our constitutional rights com nder attack has caused concern from the community e. At the last meeting you heard from Congressman Byro s who has his finger on the pulse in D.C., and even he warne of the current administration's attack on our constitutional rightV. cob Rommel felt it important enough to send his executi ssistant in support of this issue, and Sheriff Rambosk hi e st d before you saying he is 100 percent behind this. I a ce he would not put himself nor his deputies at risk of unforeseen issues that may arise from this document. o akes one to turn on the news to see what happens when a g nt becomes too powerful, oppresses its people, and be es totalitarian. Their people will rise up and fight back. Just take a look at Cuba in the news this week. So now I humbly request that you take a minute and think about what vote you will cast today. CHAIRMAN TAYLOR: Thank you. Page 125 July 13, 2021 MS. DiPAOLO: This is not a partisan issue. Will you vote out of fear due to the potential of unintended consequences, or will you vote out of a position of confidence knowing that you took a stand and forged a way for 66 other counties here in the state of Florida to follow suit? The choice is yours, and I pray God wil grant you the wisdom to make the right decision. CHAIRMAN TAYLOR: Thank you. 'V (Applause.) O MR. MILLER: Your next speaker is Kristinar. She'll be followed by the Sheriffs Office representative en Scott Relf. MS. HEUSER: Thank you. Before yo to e clock, I just want to ask a procedural question, if I may. L st ime we were here, following public comment when the Co ssioners engaged in their discussion, there were some questions se. And I would like to have the opportunity if that hap 4l ain today to respond to those questions. CHAIRMAN TAYLOR: will have the opportunity if you're called up. I had at you were the attorney that drafted the ordinance, un nately. We were not given that opportunity to meet witt people in advance. So at this point, we know who you So if there are questions, and certainly the questions wil ve come from these folks here, yes, you will be given that p nity, for sure. MS. ER: I appreciate that. Thank you. so intend to respond to the comments made by the C torney; however, I did commit to reading a statement from th erican Constitutional Rights Union, so I'm going to start with that. The American Constitutional Rights Action Fund, formerly a Washington, D.C., based organization, now headquartered in Naples, Florida, exist to defend the constitutional rights of all Americans. Page 126 July 13, 2021 Founded over 20 years ago by close advisors to President Reagan, including founding board member Attorney General Edwin Mease, III, we work every day to safeguard the liberties enshrined in our Constitution and Bill of Rights. The ACRU Action Fund stands against harmful anti -constitutional etiologies that have taken hold in our natio courts, culture, and bureaucracies. We defend and promot e speech, religious liberty, the Second Amendment, Amer' n alues, and our national sovereignty. The ACRU Action Fund respectfully calls o ollier County Board of Commissioners to support and passeRights Sanctuary County Ordinance. The founding of the United States w novel and difficult thing. Never before had a nation dgsi elf from the ground up under the guiding principles that orn with inalienable God-given natural rights that he f-govern and that he is capable of voluntarily surrend certain individual rights to a government created sole ect them. Sadly, our politician Washington have forgotten the sole reason government exi§0s, to protect the natural rights of those who elect to be gove No longer do our elected officials respect our 1 nation's core es ike freedom of speech, religion, and self-gover�anc nd so we ask our elected local leaders to step up and protect e rights. a local ordinance so important in the scope of national p=nds -Because our federal government has wantonly exceeded tof its authority. Worse, the federal government has forgotten the very source of what power it holds, the collective citizenry represented by state and local governments. Simply put, the federal government holds no power whatsoever except that explicitly enumerated and granted by its citizens and the Page 127 July 13, 2021 states representing them. We look to the Bill of Rights Amendments 9 and 10 for clarification on the proper balance of power between Washington, D.C., states, and citizens. Amendment 9, the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Amendment 10, the powers not delegated to the United State e Constitution nor prohibited by it to the states are reserved t04 state's respectively or to the people. O Simply put, any powers not enumerated and grao the federal government are assumed to reside with the my and the states in which they reside. When viewed th lens of this constitutional principle, the issue of declaring o ier County a Bill of Rights sanctuary should not be conside in the least controversial. It should be viewed as a ent of the obvious. If some extraordinary displa o age is required for Collier County to reaffirm the most funda e al principles of our nation, have we already passed a poi o return? Thank you for your ration, and we urge you to remember your duty to protect the n al rights of Collier County citizens by supporting and pas in ill of Rights Sanctuary County Ordinance, and ' signed by Laurie Roman, president of the American Co s tut nal Rights Union and Collier County resident. Coul I b y respond to the County Attorney's points? CHAVINAN TAYLOR: I think we're going to save that. SSN,HEUSER: Somebody's ceding me time. AIRMAN TAYLOR: Excuse me. All right. So someone to cede you three minutes, and would you please state your full name. MS. NYSTROM: Denise Nystrom. MS. HEUSER: Thank you, Denise. Page 128 July 13, 2021 CHAIRMAN TAYLOR: Thank you. MS. HEUSER: So it concerns me deeply that these representations were made, because that's not an accurate explanation of the ordinance. So first, the County Attorney stated that this ordinance creates an implied waiver of legislative immunity. A immunity that presently exists in the law will still exist if ther It challenge brought in court pursuant to this ordinance. The no such thing as an implied waiver. There has to be an ex 10waiver, and that doesn't exist. And as a matter of fact, in the original draft o rdinance, there was a waiver of qualified and sovereign ' m it , I believe, and after discussing it with the Sheriffs attorn e removed that. So there is no waiver of immunity. He also stated that there's no stun uirement. Also not true. Courts fundamentally dete a person has standing to sue. That is not something that waived. If a person is not aggrieved by an unlawful act, fined in the ordinance, they don't have standing to bring s Also, the most alarm that very long list of all the federal grants that the county receives, if there is -- if there are monies that the county prese receives that have strings attached to it that require the c n t iolate its citizens' constitutional rights, frankly, you shoul 't ccepting those monies to begin with. (A pl SER: And if that did exist presently, there's a means ri under the law to challenge it. 42 USC, Section 1983, a pe can go to court and sue all of you right now. So all of these scare tactics, I mean, they need to be recognized for what they are. These are scare tactics to dissuade you from supporting the ordinance. And all the ordinance does is create, firstly, a criminal penalty, a misdemeanor, the same penalty that all of your other Page 129 July 13, 2021 ordinances in your code carry with it, and creates the opportunity for a person aggrieved by the ordinance to bring suit in the local court. That's what this ordinance does. So thank you for giving me the opportunity to clarify that, and I look forward to responding to any other questions that may arisf CHAIRMAN TAYLOR: Thank you very much. 4 �> MR. MILLER: Your next speaker is the representativom the Sheriff s Office. He will be followed by Scott Relf. hen Keith Flaugh. COLONEL BLOOM: Good afternoon, Ma air. CHAIRMAN TAYLOR: Good afterno COLONEL BLOOM: Commissioners, loom, undersheriff with the Collier County Sher,s ffice. I believe there was a question -- I'd li%i to start, if that's okay, Chairwoman, with the question th ;,sked last time with the enforcement and read the letter i . CHAIRMAN TAYLOR: COLONEL BLOO ieve that will be the correct -- and then from there we can go" CHAIRMAN TAYLOR: Yes, of course. COLONE OOM: It says, Dear Chairperson Taylor and Board of Co Co missioners, in the meeting of June 22nd questions ere * sed regarding the county ordinance enforcement process. I eral, our existing process for enforcing current ordi as follows: Misdemeanor enforcement is limited in s, unless specifically exempted, by requiring that the V n be witnessed by a law enforcement officer. In most cases, law enforcement receives a complaint, prepares a report, obtains a sworn statement from the witness. The case file is then routed to an investigator. Investigators then review the information submitted to Page 130 July 13, 2021 determine if sufficient evidence exists for supporting the allegation. They then can collect additional information or evidence and forward the completed file to the State Attorney's Office for their determination if there is sufficient evidence for formally filing charges. If the State Attorney's Office makes a determination o formally filing the charges, a warrant, capias, or summons wi issued, Kevin J. Rambosk, Sheriff, Collier County. CHAIRMAN TAYLOR: Thank you. O COLONEL BLOOM: In laymen's terms, I'll ju Id ahead -- because that could be complicated readin u didn't have it in front of you. This enforcement would b o e ent than any other -- if you selected, as the Commission, to rove it, than any other ordinance that we currently enforce far as the practice and process of enforcing that ordinance., Id be no different than that process. CHAIRMAN TAYLOR: issioner Saunders, you have a question, and then I'm -- I thi -- you're going to address this particular statement by loom; is that correct? COMMISSIONER DERS: I'm concerned about the enforcement. CHAIRM TAYLOR: Okay. COMM O R SAUNDERS: I understand how you enforce o co and the misdemeanor ordinances that we have as well as stat utes. I understand how you do that. EL BLOOM: Yes, sir. MISSIONER SAUNDERS: But if an individual says that a al law, order, rule, or regulation unreasonably impinges upon the individual's constitutional rights and they provide information concerning the fact that that rule has been applied, what do you do with that? Now, if the allegation is that the violation is a violation of the Constitution, how do you enforce that? I understand how you Page 131 July 13, 2021 enforce ordinances, but I just don't understand how you enforce that. And that's been the big question I've had from the very beginning. COLONEL BLOOM: If you choose as the Commission to adopt this, obviously, we would take the information, there wouldn't be an arrest on site. Take the information -- go ahead, if you ha a question. COMMISSIONER SAUNDERS: No, I'm listening. V waiting for you to finish. I have a follow-up. , O COLONEL BLOOM: Take the information, to what evidentiary value it has, if we believe there's anyt move forward with, put the case file together, then a that over to the State Attorney's Office. COMMISSIONER SAUNDERS: y. And I understand the collection of evidence and how you.-- i do that. COLONEL BLOOM: Yes, ' COMMISSIONER SAUND . y The question is, how do you determine that the rule or the the regulation is unconstitutional so you can then take that e and make an arrest? That's the key to this ordinance is th t ere has to be a determination by somebody that the le.*' unconstitutional as applied to the individual, and individual's filing a complaint. Do you make that determin i n t nt the statute or the rule is unconstitutional? COL N LOOM: We would take the information and compile_ it, sir. Then that would be up to the determination of the S rney's Office if they believe that it rises to the level of t on of the ordinance. MMISSIONER SAUNDERS: So all of -- COLONEL BLOOM: My interpretation of it. Once again, I'm not a legal analyst. Our legal counsel's not here today. But what I will tell you is we would do this like any other ordinance; take that information, put it all together, forward it over like any other Page 132 July 13, 2021 ordinance that we have -- COMMISSIONER SAUNDERS: Okay. COLONEL BLOOM: -- and get that assessment. COMMISSIONER SAUNDERS: And I'll address my question, then, to the State Attorney because, ultimately, then, the State Attorney would be making the decision as to whether the rule statute was unconstitutional as applied. The State Attorne u d make that determination, not the Sheriffs Department? COLONEL BLOOM: That is correct. COMMISSIONER SAUNDERS: Okay. TlmVyou. CHAIRMAN TAYLOR: You want to tifW, or is that what you -- COLONEL BLOOM: No. Just -- h, if that answers Commissioner Saunders' question. A anted to read into the file the question on how the enfor ould take effect. And, once again, the Sheriff, at the las e ing, gave his stance in support of that, and that's all we have point. CHAIRMAN TAY hank you very much. And I don't think -- but if there is a re entative from the State's Attorney's Office here, I would w0come them to come up to the podium. And we can certainly tinue with the public comment if they're in another roo ha you. MR. IL R: Your next registered speaker is Scott Relf. He'll be fol d by Keith Flaugh and then Lynne Hillman. SSIONER SOLIS: Before Mr. Relf starts, I would just s t poke with the State Attorney's Office -- AIRMAN TAYLOR: Oh. COMMISSIONER SOLIS: -- and they had not been consulted on how this would work. I spoke with Mr. Montecalvo because Amira Fox was out of town. So I'd just put that out there. CHAIRMAN TAYLOR: Thank you. Page 133 July 13, 2021 MR. RELF: Good afternoon. My name is Scott Relf. Typically you want to know that we live in Collier County. I live at 6020 Autumn Oaks Lane. I spoke here a few months ago regarding the Naples Senior Center. I appreciate that you folks did approve that project. So today marks what I think may be one of the most imp days in recent history for this commission. Why? The cit' s of Collier County like me now view the Commission in a letely different way. Prior to COVID, most citizens, inclu yself, did not know the names of all the commissioners, and ere only vaguely aware of what this commission did: a rovements, building codes, public bathrooms at the beach, v cuation orders during the hurricanes, that sort of thing. w every citizen knows your power, the power of five comrjis ' Ito protect us, to keep us safe, and also the power to rule ov e tyrants. You folks now can decide t r businesses live or die. You can decide whether a person b or gets laid off. You can decide whether we're fre e around or we have to stay home. You can decide whether o to church or not. You decide whether we cover our flee. And, importtly, no one knows what future decisions this commission will neod to make. No one anticipated COVID. We don't kno whim's next. I resp a�Yl of you. You've done your very best. I may not have ' e same decisions that you made on some things, but you dV** est. You were elected, you represented us, you made dins, and we're past that. I voted for you, Mr. Saunders. Thank you for your service. Thanks for representing me. COMMISSIONER SAUNDERS: I appreciate that. Thank you. Page 134 July 13, 2021 MR. RELF: Today I petition you to publicly and unanimously secure my rights as a citizen of this county. Now, I know how powerful you are, and I really care deeply about your willingness to be the protector of my rights. Today is the day to rise to that challenge, to demonstrate that you are worthy of the trust of you citizens, including me. . N Please approve this Bill of Rights ordinance. A vote st is a vote to reserve your option to be a tyrant over your cit' , including me, and to permit your fellow commission d all future commissioners to also be tyrants. 0% The hallway has pictures of all the Coun Co%Ini'ssioners over the decades. You will forever be known as th ommission who stood for freedom and rights for the citize of ollier County or as those who failed to do so. (Applause.) MR. MILLER: Your next aer is Keith Flaugh. He's been ceded three additional minute Karen Flaugh. CHAIRMAN TAY nd before Mr. Flaugh, you come forward, I just had to ask attorney friends here, my colleagues, it's my understanding we dyd not close churches. It's my understanding -- COMM OVER SAUNDERS: We didn't close anything. We restric ed p ing in our parking garage. We didn't close anythin . SSIONER McDANIEL: We closed the beaches. We cl t beaches. We did the mask mandate. We didn't restrict ch es. COMMISSIONER SOLIS: We didn't close anything. CHAIRMAN TAYLOR: We did not close businesses. That was the state. COMMISSIONER McDANIEL: Page 135 Madam Chair, can I -- and I July 13, 2021 just want to remind you that, I mean, folks are -- I mean, a lot of folks come to our podium and say a lot of things that aren't as explicitly accurate, necessarily, as they can be. There were churches within the state of Florida that were shut down, there were businesses that were -- CHAIRMAN TAYLOR: But we did not do that. COMMISSIONER McDANIEL: I know we did not db at. I know we did not do that. O UNIDENTIFIED SPEAKER: Nor did you op COMMISSIONER LoCASTRO: Why don' ay focused on this. CHAIRMAN TAYLOR: Mr. Flaugh. MR. MILLER: Your next speaker ei Flaugh. He's ceded three additional minutes from Karen F1. } d from Bob Bunch. MR. BURCH: Burch. MR. MILLER: Burch, I'm s r6. Trouble with the handwriting, Bob -- for a tota e minutes, and he will be lten followed by Lynne HilSusan Cone. MR. FLAUGH: Gold .afternoon. My name is Keith Flaugh, a resident of Collier Couuty. I understand that each of you have received hundreo�if not thousands of e-mails regarding the Bill of Rights or in c Un't it fascinating that a concept so simple as supportin our ' 1 of Rights has generated so much interest and adversit . _ em to be two factions: Those supporting individual ri htst,h* you swore an oath to protect and those who support an un red federal government control of our everyday lives. Andy, I'm going to response to your comments in the last session. Your lack of knowledge and display in the first hearing of this ordinance regarding the U.S. Constitution was nothing short of amazing and shocking. The Supreme Court of the U.S. is not an Page 136 July 13, 2021 unfettered law of the land. The Supremacy Clause is quite clear. The Constitution and the laws of the state of -- of the United States, which shall be made pursuant thereof, shall be the supreme law of the land. The operative phrase there is "what shall be made pursuant \sa thereof." So the federal government and all three branches -- this is for all of you. The federal government and all three; ches, including the Supreme Court, are a product of the comp 0 the Constitution of the United States and of the -- of the ereign states. The federal government was not a party t ompact. SCOTUS, as a part of the federal govern n , n only legally opine on 18 powers delegated, not granted, in e . Constitution. All other actions and opinions are usurpa ' s of unconstitutional authority. Each sovereign state �easttutional authority to declare them null and void. Thate have a Ninth and Tenth Amendment. The power resideGovernor and under the principles of federalism with f the lower level of elected office. In all cases, the rights ar by the people. I'm not going to rere he Tenth Amendment; you've heard that addressed several timesobe ore. On June 22 we all now can understand why several of you have trample o o constitutional rights over the past years, because o this 'sunderstanding of the Constitution. To any commissio considering voting no on this, your fear of unintended cons s is unacceptable. The time for fear is over. Some of y ttempt to turn this into a resolution. Your attempt to turn thi o a meaningless resolution just proves your fear and failure to stan on your oath of office and to protect and preserve our constitutional rights. We are in unchartered waters. Consider just a few of the daily attempts by Biden and the Left to trample our God-given rights. Page 137 July 13, 2021 Nancy Pelosi just recently directed Capitol Hill police to establish offices in Florida to seek out and establish or root out insurrection. Biden introduced door-to-door teams of vaccinations. There are reports that this will be accompanied by federal agents or military officers. Senate Bill 1 for the Peoples Act of 2021, it would feder Roc; elections essentially built on the California election process. 1 arly unconstitutional on the face. You don't need a state att e to tell you that. You can read it for yourself. This would ramatic impacts on not only you as County Commissioner , commission of exhalation [sic], and it is up to you all and ernor to just say no if it passes. And then we have the Equality Act. his'extreme and dangerous legislation, which is only.o n the Senate away from being passed into law, woul r unprecedented harm to businesses, charities, medical prof 0,5 nals, women and children and entire families. It might be s own in the future depending upon whether the court i or not, but that takes years, and in the meantime all of the fo that are impacted by it are impacted by it. If Biden pa?the Supreme Court, SCOTUS becomes irrelevant. S T being the Supreme Court. It literally becomes irrelevant. A he duty and the responsibility will fall to each of you at loca state level to just say no. You have no other recou,e� the Court is packed, you have no other recourse. If S Otwids the filibuster, the only way forward is the Tenth A Oment. We're one vote away from him doing that this summer. You either face it with courage of our Founding Fathers who pledged to each other their lives, fortunes, and sacred honor, or you cower in fear of the unintended consequences and join the ranks of Page 138 July 13, 2021 Benedict Arnold and the Tories. There are unintended consequences of getting out of bed every morning. Don't be afraid of that. Face it with a strong faith and a strong ability to stand up for what you know is right. The world we live in today is facing unchartered waters. are not a democracy, Mr. Solis. We are a constitutional Repel (Applause.) CHAIRMAN TAYLOR: With all due respect -- ajad this is a point of order -- please direct any -- do not address t commissioners individually, please. Just direct it h the Chair. Thank you. MR. FLAUGH: Okay. Without peekin -- y u're going to have a number of people, I suspect, who ce up and argue that they -- that you should not accept this. ut peeking -- there was an interesting survey done a numbV, ars ago by one of our Supreme Court justices here in F . How many of you can name and how many in this room c a e the five rights guaranteed in the First Amendment witho g? Two percent. Two percent. If we don't know our rights,N4 do we know when they're being taken away? I would arg,here that people who are convincing you to let the federal -- to s 1 e n this ordinance don't really understand their constitutio a encourage them to do a much better job of that. For an you that decide to vote no on this, I would urge you and ou only have one honorable course of action, to resign b disgrace yourself any further. ( pplause.) MR. FLAUGH: I ask you to consider a very, very simple question. How can you vote against the Bill of Rights and your oath of office in these uncertain waters, uncertain times? We just heard conversation about Cuba. That's so prevalent. We're this close in Page 139 July 13, 2021 this country to becoming the next Venezuela or the next Cuba. And unless you -all stand up and represent us, unless you -all stand up and represent us, where do we turn? Remember Congressman Donalds, your Sheriff, and Rep Rommell all encourage you to do so. Time for fear of uninten consequences has long, long passed. Thank you. (Applause.) MR. MILLER: Your next speaker is Lynne Hill 10 She'll be followed by Susan Cone and then Omar del Pozo. I I'm reading that right, sir. CHAIRMAN TAYLOR: If you would so n , would you repeat who -- MR. MILLER: Yes. Lynn HillmaplNivill e followed by Susan Cone. If we could have Ms. Cone it podium. And they will be followed by Omar del -- I' rb' g this as Pozo. I hope that's correct. It could be Poro. MS. CONE: Hello. M ire is Susan Cone, and I came with Lynne Hillman, but she ave for a dental appointment. CHAIRMAN TAYL : Oh, okay. MS. CONE: Should r go ahead? MR. MILL : Yes, ma'am. CHAI YLOR: Yes. MS. �O Thank you. Good afternoon, Commissioners. My name iA Swan Cone, and Naples has been my full-time home for 46 years.. That's a long time. It's been a wonderful place to raise n and to work and now to be retired. ove Naples, and I also love America, and I value my freedom, but m very concerned about the turmoil and the divisiveness that we see in our country. And passing this ordinance would do nothing to help that situation. And I'd like to ask if perhaps there would be no cheering or clapping while other people are commenting. Page 140 July 13, 2021 I'm no legal scholar, but I do know that the framers of our Constitution created three distinct branches of government in order to prevent concentration of power and provide for checks and balances. The executive branch enforces laws, the legislative branch writes laws, while the judicial branch interpreters laws and determines 1 law or action is unconstitutional. This proposed ordinance seeks to totally sidestep the id branch. Neither local governments nor the Sheriff hav e ower to declare a federal law unconstitutional without involy' e courts. As previously stated, this ordinance originated wit ame group that is behind the Second Amendment Protect t is stoked by fear and misunderstanding that any gun safety g sl tion is an infringement on Second Amendment righ which will ultimately result in everybody's guns being taken This fear has been carefully manufactured by the gu It's simply math. More fear equals more guns equals mor its. So let's suppose that this rous ordinance passes. Which gun laws, I wonder, wou erred unconstitutional. Background checks which prohibit con ' ted felons and domestic abusers from acquiring guns or erhvs reg flag laws which very well could have prevented the P and massacre, or maybe stopping the sale of ghost guns which c e anted with a 3D printer and no serial number, or how about 11 laws? Guns for everyone everywhere all the time. Unfettered ss. No limits. s gine the chaos created if every county can pick and c ich federal law to follow. It's a very frightening thought. I u e ou to vote no on this dangerous amendment. Thank you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Omar del -- Pozo. MR. POZO: Pozo. MR. MILLER: Either podium, sir. He will be followed by Page 141 July 13, 2021 Kate Tardiff and then Jose Josamillo. CHAIRMAN TAYLOR: Ms. Tardiff, if you're here, if you could come to the other podium. Thank you. MR. POZO: Good afternoon. Thank you for inviting me to be here. My name's Omar del Pozo Bararo (phonetic), and I'm American doctor [sic] and a former political prisoner. I spe lbt' years in isolation in Cuba because I tried to create a politic opposition party. So I think that the Bill of Rights it th k r&e to their right, their right [sic] . So in this moment in Cuba -- I spent nine ye rison. I was condemned to 15 years in a military jail [sic] ' h -- without any rights. So I know very well what is communi . And in this moment in Cuba people A on the street fighting for their liberty and dying for their liberty hat happened in Cuba amongst her (unintelligible) Fidel ook power and (unintelligible) destroy, suppress t e onstitutional. We had a beautiful constitution before ut in Cuba, Castro destroyed everything. So Cuba's le where the people have no right at all, no right at all. So the Bill of ights is an example that our constitution try to keep the balanc power. This is more most beautiful, the United States Consti t n. o in order to avoid that the federal government could imp e a hing they do other than what the Constitution have them to ado, e same time the Bill of Rights give the state -- when they , say people, individual people, because the Constitution d e individual, for people. hen we talk about rights, we have to talk about natural rights, righ s with people born. The right for anything. The Pope [sic], the federal government. It's for God. So in this ordinance, the Bill of Rights give the state the right to keep this balance, and that is the people of the state. At the same Page 142 July 13, 2021 time that avoid the federal government from take property impose other things, other imposition than what is -- give the state the right to defend the people and keep this balance. I said, tyranny when there's no balance, when the government can do whatever they want to do. So we have -- we encourage you -- you have this moment, this historical moment here. Y 7NSa e the possibility to make a choice, but you have to make the r' choice to approve this bill. Approving this bill going t l�he people of the United States, the people of Collier, the to be defended -- you are going the defend the natural ri f the citizens of the Collier County. CHAIRMAN TAYLOR: Thank you. MR. POZO: So I enjoy you or give you this message to approve this Bill of Rights you for your time. CHAIRMAN TAYLOR: Til�i� MR. POZO: God blessgeorge b�y here. God Bless America. MR. MILLER: Your naker is Kate Tardiff. She'll be followed by Jose Josami Dohbanville. MS. TARDIFF: Th you. Pardon me. Can everyone hear me? Thank you mmissioners, for this time to address you and our fellow Amer' s. opefully today we'll hear why an all-American, still availa le, itimate, and legal strategy to resolve the apparent issue of to nacceptable interpretations of our Bill of Rights, beca ay or the other the courts is exactly where we will land if ral versus local discrepancies are so odious as to lower you to aring sanctuary county status. Sanctuary status is becoming a common strategy and relies on nullification tactics promoted mostly by special interests. That means, essentially, canceling or ignoring federal law and substituting local counter governance. Long term, that strategy does nothing Page 143 July 13, 2021 except create chaos that can only be resolved through litigation. There we are, the courts again. But to get there, we are all in for all hell breaking loose. Who decides what's law and what's not and when? What guidance do governing bodies use? Who communicates to all affected to facilitate abidance and when? The State Attorney's Office c even say when. When I was a kid a long time ago, I believed in A 'c I still believe in America, and I want to believe in America country, right or wrong. When right to be kept right; whe ged to be put right. Not violently, for God's sake. And I o'ng this together legally, constitutionally, peacefully to et er. Nullification divides to conquer. It' o_t protecting. It's corrosive and divisive. It divides fj ' ends, business colleagues, communities. Here i ' in Collier County we've been pretty peaceful. So much i act, that we're now offended when we don't make at least t o 10 best places to live, vacation, part-time reside, go to th Hey, enjoy our Blue Zone status. No neighbor-against-neighkor violence, no chaos of the new rules and new rules of e gagp rent. Nullifying ' of the way to humanely and positively, productively il Ah this discrepancy challenge. Running away does not s ve blems. It never has. It never will. Be br . Dealing with challenges and problems legally, patie ough our American instruments of law is the clean 19 = solution. If we choose running away, we'll pay a bigger nri J�ter. 'Thank you very much. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Jose Josamillo. He'll be followed by George Dohbanville and then Desre Buirski. Page 144 July 13, 2021 CHAIRMAN TAYLOR: Donbanville. MR. MILLER: Thank you. MR. JOSAMILLO: Good afternoon, Commissioners. This is my first time addressing you. And I'm a -- I am a resident of Collier County for 30 years. I'm also -- I was born and raised in a third -world country; it was called Mexico, where the law of t is, whatever you can get away with it, you can do. As growing up, I heard there was the greatest cons .Aan in the world, my Mexican constitution; therefore, I questio thing that happened. I seen things that I -- I am so blessed t America for 30 years. And seeing my kids, giving them t r ' e e that they never got to see anything that I seen. Bad thi s t I didn't choose to see that was exposed to me. Yes, going back to the Constitt}ti e Bill of Rights. I became a U.S. citizen about nine o, and I started my journey of understanding why this count e greatest country in the world where more than 99 percent o le wants to be here outside this. And the more I see st couple years, what's taking precedence in this count , �t reminds me what I came from. And there was an incident a0er our recent elections. What I got to see -- and for th st 30 years I never fear so much when I see what's happening. en ings that I had seen in my country over and over. I w s y g. I didn't know exactly what I was seeing, but now that I e contracts -- the contrast between America and the worl merica degrading, going backwards. ,lected officers, you've sworn an oath to the Constitution. deen all my previous governors doing -- undermining that constitution. I honestly ask you to vote yes for this amendment, this -- I'm a little nervous now. To vote yes on the resolution, because I seen what it could happen after, if we don't stand on our Bill of Rights. Page 145 July 13, 2021 CHAIRMAN TAYLOR: Thank you. Thank you very much. (Applause.) MR. MILLER: Your next speaker is George Donbanville. He'll be followed by Desre Buirski and then Drew Montez. MR. DONBANVILLE: Good afternoon, Commissioners. y name is George Donbanville. I reside here in the county. I' resided here for nearly 40 years. I had all kinds of stuff I wanted to say to you, but t Soo ladies that stood at this podium just a couple minutes ago, o er the other, I think said it very eloquently. But I want t ess it from my background and my knowledge from the t;*es, t went to high school, through college, through law school, t o gh my legal career. I never heard anything like what this ordluftce is. Never. I practiced for Joe D'Alesandro., the first state attorney that was in South Florida when th 'v 'ed up the different districts of the state as far as judicial distri e was followed by Steve Russell. I stood shoulder to er with Steve and prosecuted cases, and then went out ' to practice. I stood on the other side of the courtroom and argu gainst him. We argued constitutional things to the Court all t�e time. And Amir 4 x, if she had her person here who was -- if she was here, I tkd h ould be just like Mr. D'Alesandro and just like Steven Ru el they would tell you, how am I supposed to do what you'r g to ask me to do if you pass this ordinance? And not o , all you have to do is just go right to the start of this w g and look at the first whereas clause and start reading do ome of these, and then go to the third page where it has -- at the end of the third page -- I get a little lost. Oh, after where it has the laundry list of the first 10 amendments, and then it talks about Collier County has the right to be free from commanding -- the commanding hand of the federal government and has the right to Page 146 July 13, 2021 refuse to cooperate with the federal government officials in response to unconstitutional federal measures. Who decides all that? Who decides all that? The constitution of the United States? Our former government says the courts decide that. They don't say that somebody else does it. They drew up a nice document. We now know who dre this ordinance. Maybe we now know why they drew it u act, the stumbling block that she spoke of is, I think, the stu, i g block -- she used that word -- those words. That stu�iz block is our form of government. The courts make thosens. Your own attorney sitting right over there says that 's g flies in the face of the Constitution. You can pass it if yo ant, but you're going to get to serious financial problem$&ch you do. So those aren't scare tactics at all. I mean, thank you for your time. Please don't pass this. �, CHAIRMAN TAYLOR: T n you. (Applause.) MR. MILLER: Y speaker is Desre Buirski. She'll be followed by Drew Monte d then Randy Harris. MS. BUIRSKI: ' han you for this opportunity to address you, again, Madam .r and the Commissioners. I really do appreciate this time. A s mmissioner Solis mentioned, the craziness going on i Cu right now. Has anybody even heard of what's going on in th Africa in the last 48 hours? My ex -country's burn' People are getting maimed, killed, and murdered, a cause there's no law and order. is wonderful country that I'm so blessed to come to, I'm so privi eged to be here to stand in front of you to live in Naples, to live in Florida, to be an American citizen. I think most American citizens have forgotten the power of their freedom that they have. If you easily let it slip away, it's not coming back. Freedom isn't Page 147 July 13, 2021 something that grows on a tree. It has to be minded. It has to be looked after. It has to be cherished. And it's not about each of us going against each other. We're all Americans here. This is about unifying us under the protection of the constitution. Now, why is this constitution so amazing? I sometimes think most of the world doesn't even kkow. The difference between this constitution and every other co&Atdtion on earth is that the states have the power. The people haVe'jhe power. In any other and all other governments the poppie have no power. NS5 And the fact that we're here begging, all pF tke heed of this fact, we're asking you to protect us, protec of r rights, protect our freedom because if we don't the whole w rW is about to collapse. Nobody here can actually stand up in that something isn't very wrong in our world, in our c 'n our government. And if we're dead to say nothing's going g, I'm going to say we're all gone crazy. We're now sayi what's right is wrong, what's good is bad, and the peo are fighting for good are being told we're terrorists, but all we nt to do is protect each other and our rights. I'm asking you, please, to take heed to what's here. It's not about us fear .mongding to come after you. It's not about you coming of r ug.. . It's about us coming together as Americans to protect eacother from the lawlessness of this globulous system that wanta'O out the western world. Take heed, people, because if y `ado it now, it's gone forever. pplause.) MR. MILLER: Drew Montez. He'll be followed by Randy Harris and then Reverend Tony Fisher. MR. MONTEZ CLARK: Awesome. So Drew Montez Clark. There's a lot of people that have shared some things, so I had to Page 148 July 13, 2021 switch up what I was going to say in interest of not saying the same thing. But I wanted to address a few things. Number one, our rights come from God. And the government was instituted, the Constitution was instituted to guarantee and protect those rights, not to strip them or infringe upon them. And we're talking about right now a Bill of Rights, and i � &Ies me why we have to have a conversation about partisanshi anything else when we talk about the Bill of Rights and elected officials may be hesitant to hold themselves accounta a Bill of Rights or a constitution that they swore to uphold.�,, So what I wanted to do was I wanted to oath of office. I wanted to remind everyone in the room what o th of office actually says, what it is. And it says, I d lemnly swear or affirm that I will support and defend the Cqn of the United States against all enemies, foreign and d that I will bear truth, faith, allegiance to the same; that I wil16�his obligation freely without any mental reservation or pu f evasion; and that I will well and faithfully discharge the office on which I'm about to enter, so help me God. That is the oath ofoffice that every elected office takes, and in that it talks abo *fending the Constitution. The Bill of Rights is part of that, s o t understand the hesitation at this particular 101Wpoint to h q d o Ives accountable to what we took an oath of office for. bAw.ane made earlier -- well, just to answer this question or to out giving unilateral power and control to local officials, thi finance says nothing of the sort, to give unilateral control to anyone here to decide whether something is unconstitutional or not. We've heard from the congressman from this district. We've heard from the state house rep from this district. We've heard from the Sheriffs Office of this district. And they've all said expressly Page 149 July 13, 2021 that this will be handled exactly like any other ordinance, which means that if there is a proposed violation or supported violation, evidence would be gathered. It would be turned over to the State Attorney. The State Attorney themselves don't decide whether it's constitutional or not, only whether or not there's grounds to brin charges sufficiently enough based on the evidence presented, then a court does decide whether that happens. So I would challenge everybody at this particular if there's hesitation to hold myself accountable to an oath that , I would question my motives at this point because you are osition to lead, and when you decided to take that positiViLo a ership, we also took the responsibility of that leadership, that is to abide by the oath. I'll read the First Amendment, jig on't go through all of them. But there's five express poi t at First Amendment. And I'll just go through those five poin here's freedom of religion, there's freedom of press, there' dom of -- there's freedom of speech, there's freedom ly, and there's a right to petition the government. There are i guaranteed rights just in that First Amendment burie . Aid we could go through this whole list, but that Bill of Rig the Constitution is for we the people and you all are elected o c'als at are supposed to represent we the people. This is no abo artisanship. It's about patriotism to this country and our for ers for creating the greatest country on the face of this clause.) R. MILLER: Your next speaker is Randy Harris. He'll be followed by Reverend Tony Fisher, and then Kelly Yahl. MR. HARRIS: Thank you very much. I would like to say that I agree completely -- because I'm not going to take much time. You've got a lot of speakers. And what Page 150 July 13, 2021 has been said before in wanting this passed I agree with totally. Drew did a wonderful job, but this Desre back here, if I would have known, I would have ceded my three minutes to her. She was very powerful, and I agree 100 percent with her. Let me just say this: I'm old enough, as you can tell by loo g at me, to remember how free this country really was. And I that people will disagree, but I can remember living in an A Griffith type atmosphere when I was a small child. And I.also remember as the government began to move in, the f 1 government began to move in and began to chang s and started moving against my freedoms. And you cSpaL an o we're the freest country in the land. We are and we were, but ere "not quite as free as we were back when I was a child. I stand here today to support tljs ent, this ordinance, because I really believe that our f vernment has the potential st to flop over and lap up our freed like a thirsty dog laps up water out of a bowl. I believ a e need this. Some say it's redundant. Well, you at? It's another extra layer of protection that we have to'Neep America the greatest nation on the face of the earth. We're a lig hiving in darkness to this world. And if we lose America, I c o * se you -- someone will laugh when I say this, but it is th Go ' truth -- this world will fall next. And our amendmen Bill of Rights are called the essential freedoms that we h e of superlative. Essential. Meaning they are the least, a re necessary for us to have. ew did a wonderful job. He stole my thunder. I was going to read the First Amendment, but that's okay, Drew. I forgive you. The Second Amendment's important. The Tenth Amendment. Folks, it's very simple. I love this country, and I want to see it stay free as it has ever been. And I want to thank you for the Page 151 July 13, 2021 opportunity of sharing this with you. I ask that you vote in favor. Thank you, and God bless you. (Applause.) MR. MILLER: Your next speaker is Reverend Tony Fisher. He'll be followed by Kelly Yahl, and then Marcy -- Marcy [sic], having trouble reading your handwriting -- Doveas-Pitzi, I th'►is says. REVEREND FISHER: Good afternoon, Commis�ianers. Thank you for this opportunity to speak and for eve to speak today. I'm grateful for the work you do to keep t munity safe, workable, and also welcoming to people from o r t e country, both it's own citizens and from those afar. I'm hopeful that you will continue Athocus representing our county in the positive way that it doessenting us to the wider governments of our state and ourZegave 0 I grew up in a faith tradition a lot to the birth of this nation. Preachers within my ination spoke for revolution during the 1770s. They or abolition in the 1800s. We seek social justice in every pla here we see rights of people being denied. We do this ed on our understanding of the worth and dignity of every pers . do this with the understanding that we are interdepe en t all the things that we do. There olks here who, over the past four years, have feared our government. There are folks here who currently in this hn 1 his administration fear our federal government. So we all aaQconcern about how things work. However, your job is to serve us in this county and to do it to the best of your ability. You have taken an oath of office, which we just heard, to uphold the Constitution of the United States, and we do appreciate that. You also, if I understand correctly, have the right Page 152 July 13, 2021 and the authority to challenge federal law, action, or any kind of government issued -- I'm sorry -- law or executive order through the courts, and I don't understand -- I haven't been told. I don't understand through the initial language of this ordinance why this additional ordinance is necessary. You have the rights, you hay e authority to challenge where challenge is due. If you see thak�v citizens are being threatened by actions of the federal gove nt, you have that authority already. Why do you need ano ordinance to do that? We talked about the divisions within this cou nd I think one of the things that we need to do as citizen - a I ink it's been affirmed by both sides on this issue -- we need o or stronger, we need to work harder to uphold the system d he due processes of our government as they exist. It is pu sibility to hold our elected officials accountable. Th es you, in the roles that you have accepted, and I believe t ou understand and, therefore, I urge you to dismiss this ordin e s a possibility, because you already have the authori" everything that's listed there, and there's no reason to take 611;his ordinance which is divisive, obviously, and create ap►environment within Collier County that is not as welcomi s it has been. So I urge you to say no to this ordinance, a . a eciate your time. (App us MR. R: Your next speaker is Kelly Yahl. She'll be follo -- I believe this now says Mary Doveas-Pitzi, and then Njef%e�hadwick. S. YAHL: Hi. My name is Kelly Yahl. Give me -- thank you or giving me the opportunity to speak. I don't have a prepared speech, so this is going to be a little different. I'm not here today to fight. I am so tired of fighting. I'm here to surrender, but not to the tyranny and not to the globalists. Page 153 July 13, 2021 I'm here to surrender to God. And I want to repent for my part in getting our country to where we are. I think we've already lost this battle. I think that we have three commissioners very concerned about unintended consequences about this ordinance when they were completely unconcerned about unintended consequences of forcing masks on people demonstmic. that we already lost. But we didn't -- this didn't start with COVID, okay,. started teaching the theory of evolution as the only original t in our school classrooms in the 1960s. Doing that viola establishment clause, because when we stopp to ing a balanced treatment, which we did have for 35 years -- t ug t both -- both theories in the classrooms. When we sto d aving that balanced treatment, we started establishing a pr for atheistic, humanistic, and secular religions, started making those who still believe in God almighty the .i ' o , okay. And I'm responsible bec as raised in a Democratic household with a Sociali whose hero was Bernie Sanders and whose favorite quote was of his, that communism would be the best government in the yvor d if we just had a benevolent dictator. Of course, that i res the fact that benevolent people are not attracted to t in -of power. None el it helped me to see the things that the Left wants and what t ght for, and it helped me to have compassion for thoseiLiig,,,;;: The problem is, the Left has gone so far left we are novV-du the right on the other side, okay. .F'volutionists fought for the right in 1925 to teach evolution, okay. Now we can't teach creation. Gay people and people of other orientations fought for the right to be married because we can't tell them how to define marriage, but now -- somebody -- but now we have to accept their definition of what marriage is, okay. Page 154 July 13, 2021 When you answer questions from an evolutionary world view and a creation world view, you can get very different answers. When it goes to science and medicine and what we have seen for the last year, if you are standing on an evolutionary platform, then you think we all got here by accident, and human beings are smart en h to improve on the design that we have. 1 MR. COX: I cede. John Cox cedes his minutes. CHAIRMAN TAYLOR: Three minutes from Joh OX. MR. MILLER: Yes, ma'am. MS. YAHL: Okay. They think that it all g by accident, and if they study it enough, they can improve o When creationists do science, we look at e esign that's there. We discover how it works. We learn wh 't t es to keep it working properly and how we can fix it. I'm not telling you you have lzaQ 5� t my world view, but you can't force your world view on me nd if I believe that a mask is inherently harmful to me and ild, you can't force me to wear it, not in this country, not u constitution. And the last couplet s I wanted to say in response to the two people that are opposing this, the fear around the Second Amendment rights did not st nd was not manufactured by this group. The fear around t f' fri gement on Second Amendment rights was created by all t uthoritarian genocides that occurred throughout a human hist ways against unarmed people. this ordinance. I'm distressed that we have to have it. I't sed that I never went to a school board meeting to fight for cr i to be taught in the classroom. That's where I'm responsible. I'm istressed that I never showed up to a Collier County Commission meeting until now when my -- when my country, I believe, is lost. I think it's too late. The globalists have control. The science at Page 155 July 13, 2021 the top is dictating what everybody has to do. Everything is protocols and pathways. There's no such thing as a doctor -patient relationship where a doctor evaluates a patient individually, looks at the physiology, and decides what's best to do, because that docto_r's first priority has to be his authority [sic] to the employer that he works for. And trust me, that's been going on in this county f6r, 40` years that I've been here. I've been fighting for medical freQm for all of that 40 years and losing. I think it's sad we have to have this ordinance, b federal government is going crazy. It wasn't a lot better , but now it's really going crazy. And what I'm afraid is th e -- we've lost the chance to use the Constitution to stop thisI too many people have shredded it, too many people have oit, too many people have inserted the separation of church e, which is nowhere in the Constitution in and out of cont V So I'm asking you -- you're b 1 ly, by voting for this ordinance, only voting to uph a oath you've already taken. By voting against it, you're 1 s know that you don't intend to follow through with that o Thank you. �► CHAIRM TAYLOR: Thank you. MR. MIe�RslMadam Chair, before we get to the next public speaker, re tative Rommel has arrived in the room, and I do believe he d like to address the council, if you'd like to hear from is time. IRMAN TAYLOR: Thank you. R. MILLER: Then we'll get back to our public speaker right after/that. REPRESENTATIVE ROMMEL: Thank you. Thank you, Commissioners, and the public, thank you for being here and not minding that I jump the line a little bit. Page 156 July 13, 2021 I rise today in support of this ordinance. And, you know, over the last year and a half, we've all seen a lot, and it actually is sad that we have to vote on an ordinance like this. As a legislator, one of the most important bills that we filed, passed, and the Governor signed this year was to make sure that t time something happens, that local government doesn't overst it bounds and that we limit power. What's great about Florida, too, are our sheriffs. e the leading law enforcement official in the state, and it's to know that we have a sheriff that is supporting this ordin nd he's going to make sure that whether it's Collier County, f Naples, the State of Florida, or the federal government, if e c me up with some rule, some law that is unconstitutio they're not going to enforce it. It was really sad over the last r d a half that, you know, local government decided soFit couldn't go to school, some people couldn't go to church,eople couldn't work. Couldn't work. Couldn't go tow as okay for others to go to work. And, you know, I have to, u know, give a little plug to our governor that he didn't vse he heavy hand of the law. He understood that ' ' ens knew what was best for them, and they were going to mak eir n decision. You know, he didn't mandate people not o ork, not go to church, wear masks, be vaccinated. And y y why is this necessary? You know, just recently, yest vernor -- I mean President Biden said that the Capitol p going to open office in Tampa? They're going to come op office and investigate it. You know what? If there's an investigation, I want my local sheriff involved because, you know what, I know that he's not going to put politics in the way of policy, and he's going to follow the Constitution in the State of Florida and the U.S. Constitution. Page 157 July 13, 2021 (Applause.) REPRESENTATIVE ROMMEL: You know, I don't get up and speak very often, but this is so important, and to see what's happened over the last year and a half where individuals like myself, but not me, I didn't do it, that have been voted by the people that have decided to erode our God-given constitutional rights to be bei , human beings. And maybe this is just a small step, but it's symbolic. You know, when our sheriff is willing to ge lnd say, listen, I'm going to uphold the constitution no matter Tallahassee or Washington or Collier County doe , you know, I urge everybody here, anything less than a u i s support will be extremely disappointing. (Applause.) REPRESENTATIVE ROMMFL• do want to thank you for having -- it shouldn't be coura b,�, utting the bill up. You didn't have to do that. So I wan �ank you for doing that and look forward to all of your up vote thank you. MR. MILLER: Y speaker is Mary -- I'm going to have to ask you to state your na 1 e. I can't really make it out. She'll be followed by Melanie C�adwick and then Jacob Wagganer. Are you Mal%c. MS. DO ITZI: I'm Mary Doveas-Pitzi, and I feel compelled o b ere. I want to thank you for taking the time to hear all of us. responsible for getting thousands of signatures for the Bia 'ghts Sanctuary Act. bile in this community are passionate for it. They're seeing w going on; that there's been a lot of -- of a lot of federal overreach. We all know it. I don't want to repeat anything. I'm here to just say please do the job that you were elected to do. It's about we the people, and we're asking you to stand up. Thank you very much. Page 158 July 13, 2021 (Applause.) MR. MILLER: Your next speaker is Melanie Chadwick. She'll be followed by Jacob Wagganer and then Gary Green. MS. CHADWICK: My name is Melanie Chadwick. I've been a full-time resident of Naples for four years. When the pandemic hit, I had just started a new job as t is director of a little church in Naples. I had rehearsed the ch ew times, and we were excited about singing in the sanctuViurch. ut as COVID got worse, the church elders voted to close tl Some members were angry. They felt that the ch h as wrong to close. The head of the music and worship comm' t e was a British woman married to an American man. S a truly puzzled by the anger of those who wanted the church pen. I don't understand, she would say, don't N a duty to protect each other? Isn't that what Christian 1 e s all about? Having the church close and on many people, no question. For many, Su ruing was their only social outlet during the week, but just use something is difficult or uncomfortable or time �wnsuming or a nuisance doesn't make it an infringement of rights. In fact, DrO ssors in Texas and Georgia wrote an article titled "For ed ing of houses of worship during the Coronavirus both le al ght." ise of the proposed ordinance is that the federal g nt infringed on our rights during the pandemic. James Ro erger is quoted as having said, I know for a fact that the federal government has overstepped its authority. It's simple acts such as closing down places of worship; these brief examples clearly show the intent of our government to insert themselves in our daily lives. But, in fact, the Supreme Court has held otherwise in an Page 159 July 13, 2021 opinion authored by none other than the late Justice Antonin Scalia, both a devout Catholic and a fierce defender of religious liberty. That Americans do not have a constitutional right to disobey generally applicable laws that were enacted without an intent to discriminate against religion. Churches were closed. So were schools. So were mus !(tw,. So were stores. There was no infringement of our right to tice religion. It was a public health emergency. But suppose the federal government had overste its bounds and had infringed on our constitutional rights. W n ordinance like this be the correct response? No, not at We are the United States of America. C n ies and states don't get to ignore or flout federal laws they do happen to like. I don't like paying taxes. I don't like register' car in Collier County. I don't even like waiting at red lig I'm in a hurry, but I do all those things because I have a res . ility as well as a right as a citizen of this country. This country tried t iment of states deciding that they did not want to belong to the on. That experiment cost 750,000 American lives, and it ended in 1865. This count founded on the rule of law, not on mob rule or vigilantism. Z you ould prefer to live in a country where individual can utinely disregard laws without consequences, such countries a sy to find, and they're full of people who are desp come to this country where we live under the rule of law. 'Wort, the Board must vote no to this ordinance. In doing so, th rd upholds the Constitution of these precious United States. 3 (Applause.) MR. MILLER: Your next speaker is Jacob Wagganer. He'll be followed by Gary Green, and then Patricia Hoover. MR. WAGGANER: Good afternoon, Commissioners. Thank Page 160 July 13, 2021 you for allowing me to come up and speak a little bit of my mind and everybody else here in the room. Thank you. It's really good to see educated Americans pursuing their civil duties and civil liberties, so thank you for that. I want to speak in support of this county ordinance. I'm bo and raised in Naples. I'm a proud Floridian, a Florida man, is, will, and I'm blessed, and we are all blessed to live in the fry# state in the country, in my opinion. A_ We've seen for months California, New York, p , are coming from those states here to enjoy the freedo nnv we have been given, that are given by God, by the Co ' u rom our Founding Fathers. And it's quite upsetting when there's Aks in the audience and folks in this country that believe the�C i on is something Trump would use for an argument. As f concerned, the Constitution was signed in 1787 a onald Trump was born in 1942, give or take a few years- for the Constitution to have any relation to a former presj- t�gf,the United States is an absolutely absurd notion. I also believe that pveri discussing such a -- such a topic that should unite all ericans, the Bill of Rights, something that Americans h edie for, something people all over the world have died for a foa t for, and those in many countries just 90 miles off our shores even get, being shot by the police in Cuba with a coml ictatorship. amily has emigrated from Cuba. Well, my grandparents esNod Fidel Castro. And I've been out to those -- the rallies recently in support of Cuba freedom and imagined the kind of outcry that would come from that community in particular to see that their own local government didn't support their own rights and what kind of flashbacks that would bring to people who have experienced Page 161 July 13, 2021 communism and who have experienced socialism. I've been to Central America several times. I worked in an orphanage for 10 days in Guatemala, and I've seen the ideologies and what the police and the government do to people that don't have their rights. They don't have an opportunity to come and speak. Th" don't have laws and regulations. They don't have that. The control. There's one person, and that's it. And I think it's pretty cut and dry, the Constitution ®t pretty cut and dry who will decide the fate of an elected off if they so choose to violate their oath and violate the Constit of the United States. And I think it's unfortunate that we have t e en have this discussion. It should be common sense. jA should be common knowledge. When you raise your rig nd say "so help me God," that right there is enough -- i gh to affirm that each of you should uphold your oath and d the Constitution and support we the people because at the the day, we're the government, and we tell you what to 's the bottom line. Thank you for your time. Appreciate it. (Applause.) MR. MILL Your next speaker is Gary Green. He'll be followed by t 'cia oover, and then BT. CHALRNNN TAYLOR: Would you repeat his name again. MR.3f-,!E�R: Gary Green. Is there a Gary Green present? onse.) IRMAN TAYLOR: Ms. Patricia Hoover, if you're here, wig yk please come up. MS. HOOVER: I've ceded my time to BT. I was told by the person that was out there she would make that happen on my form. Apparently she didn't do it. MR. MILLER: Well, we have two other people who ceded Page 162 July 13, 2021 time BT; Matthew Hoover and Carla DeVille. MS. HOOVER: He's my husband. He's not here. MR. MILLER: Okay. So is BT present? BT: I'm here. MR. MILLER: Please come up, sir. He's been ceded time from Matthew Hoover and Carla DeVille. CHAIRMAN TAYLOR: So -- MR. MILLER: I guess it would be Patricia Hoov Matthew's not here. CHAIRMAN TAYLOR: So Mr. BT is com' 'm going to g g be very, very strict about this, because we ha C reporter that needs her break. So with -- BT: Do you want to take a break ri now? CHAIRMAN TAYLOR: I this - re you speak, sir -- BT: Sure. MR. MILLER: It will be ni mutes. CHAIRMAN TAYLOR: - that's okay. I think we're going to take a court reporter b we'll be back at 3:30. Thank you. (A brief recess wash from 3:13 p.m. to 3:30 p.m.) MR. ISACKSON .-..* Madam Chair, Commissioners, you have a live mic. CHAI TAYLOR: We've got little housekeeping items to do, and �I'mm g to ask my colleagues about a couple of things. We've of folks that actually signed up to speak virtually last Thur d so there's some questions about the virtual speakers. S ur aides are getting these calls, you know, when is it our op nity to speak. A lot of times what we've done is we have had a speaker here and then a speaker online. And I'm quite comfortable with that, if my colleagues are. COMMISSIONER SAUNDERS: However you want to do it. CHAIRMAN TAYLOR: Okay. That's good. Page 163 July 13, 2021 Now there's another little thorny question, and that's -- this is problematic. We've got some folks that signed up, but maybe their slip is at the bottom of the pile and they have to leave. And I'm thinking that just for -- and I'm turning to you also. I think that it would be fair if the folks that have to leave because of other N�\ engagements -- and please be honest about this. I'm not sug : § this is fun for you to sit here for six hours. I'm not suggest' that at all, but we do have some folks that have valid issues corpup. If we could hear them before the rest of the people, that d be very helpful, if my colleagues are in agreement to that. MR. MILLER: Madam Chair, that mig e rt' cularly difficult for me to try to sort through while I'm i ing people and doing people online. I will do my best, y? CHAIRMAN TAYLOR: Okay. fine. So what I would ask those folks that are here in theAn6ViMat absolutely have to leave -- and I heard from some of o at the break -- if you would be very quiet. While we're heaZ91hat meone online, if you could come up and tell Mr. Miller ab would be very helpful. Thank you. Okay. Let's begiV MR. MILLER: Okay. Your next speaker is BT. He's been ceded additiozaiitAt. We checked that before the break. He'll have nine Zingy. CHAIVOWN TAYLOR: Okay. So -- ER: And then after him we will have Carla DeVille arol Laher. AIRMAN TAYLOR: And anyone online? . MILLER: Oh, I'm sorry. I forgot we were doing that. CHAIRMAN TAYLOR: Yes. MR. MILLER: -- after BT we will be going to -- let's have BT, Page 164 July 13, 2021 and then I need to check to see who's online. Right now all I have is registration at this point. CHAIRMAN TAYLOR: That's fine. Thank you. Thank you. Thank you, Mr. BT. MR. MILLER: Sir, when you're ready. BT: Thank you, folks. My name's BT. I come from rn New Mexico, and I'm American Indian. And I want you t ow that I've experienced socialism. Our family has firstha e were the first socialist program in the United States, bein d on reservations. I come to you today with an open heart, n you to understand that there are two forms of govern e right in front of us. We have Collier County, the corpor . n, nd we have the municipality which works in constityti din corporate. What we're here today to discuss is the ion, the reality. I was educated by the first co utional sheriff in the United States according to Paul Hary y father kicked out all the federal agencies in his c orthern New Mexico. So we've talked abou deralism and federal here today, but let's define what the term "federal" means. Some of you have handed out books, but on P 9, the definition is this: Federal, pertaining to a league or tre , derived from an agreement, a covenant between parties, es ie ,c i between nations, constituted by compact between parties. S pertaining to a league. ook what the league definition is. League, criminal la acts. In criminal law a league is a conspiracy to do an un w� ul act. Think about that. So what is conspiracy? Conspiracy is an agreement or an engagement of persons to cooperate in accomplishing some unlawful purpose or to doing any act with the intent to prevent the course of justice or to affect a legal purpose with a corrupt intent or by Page 165 July 13, 2021 improper means. So the federal government was pretty much right on when they told us what they were going to do. They were going to conspire to take our rights away. The federal government existed in 1871 through the act whetv the United States became a full corporation, just as Collier C if you look here in front of us, is representing, all in capital le I've lived and experienced both areas of governmeOth the constitutional side as well as the corporate side. We ' in a society of individual consent, according to the statutes, un for of law within every state. You have to have consen We are a constitutional republic where, u e s t ere's a true injured party, there is no law broken and a emocracy governed by corporations/structures under the®pr on, rules and policy mandates and ordinances, which v 12e, e United States Constitution through compact as s the State of Florida's constitution. What is a full corpoxvVq nty? It's a mere governmental agency known as a politid:.subdivision under corporation status, just like McDonald's. Outode of the municipality of government, there's no constitutionaotection of your God-given rights while providing services whil ey �ompete with business. So w at i municipal corporation? It's a corporation of the inhabitants, ecial region such as Collier County, for the purpose of lon1b, rnment as a distinct entity and not connected to a p bdivision. In other words, it's not a full corporation de ding our rights the way they seem to fit. When we look at ordinances, ordinances are not law. They're corporate bylaws. Did any of you know that? This is supported by case law as well as jurisdictional principles. So I ask you, the County Commissioners, today under -- on the record, which Page 166 July 13, 2021 jurisdiction are you at today? Are you a constitutional elected officer, or are you an agent, principal agent of the corporation? Who are we addressing? Do you know why we don't have rights? The reason I ask this is that everybody knows that only one game can be played on the field. You can't play baseball on a basketball field on the same time. So, again, which area are . Are you under the true municipality of constitutional prote , or are you ruling us today through the corporate status, in �p letters, of Collier County? The continuation of unlawful and illegal acts our county and failure to disclose contractual agreements s aily herein Collier County as well as the other 3,000-plus o t'es in the United States. Here locally, when we look at �o e contractual agreements, if you own a home a under the Homestead Act, the domicile that they place you in ally puts you into the corporate structure outside oet nstitutional protection of owning property outright. Thin . That's what's taking place not just here in Collier Count t around the United States. This ordinance is j ,tst ike others that are brought forth under the definition of to when you look at the ordinance, the top section of the ordinance 's 'n a capital letters. There's a reason for that; because thCts the corporate spelling is done for laws within that status. men terms, we, the inhabitants of this community, are a the corporate system as stakeholders and not free co tionally protected living beings created by God. This is due to the presumption of your corporate name. So I ask all of you, pull out your driver's license. Look how your name is spelled. Look how everything you got from the corporations are in all capital letters. That means you are a Page 167 July 13, 2021 corporation according to the Administrative Procedure Act within most of the United States. Some people actually bring it out. Others hide it because they don't want you to know that you're actually considered a corporation. So today we ask this community, these County CommisFe again, are you going to protect your oath of office, or are you to just pass a bylaw or say no to a bylaw? We the people county, are asking for our constitutional Bill of Rights. .-Xe) shouldn't have to ask it under an ordinance, but since re operating as a commercial entity, quasi in rem, we to do this to be able to protect our rights. I've witnessed personally the most ridicul s st tements on both sides of this situation. Some good ands e bad. Most people don't understand the standing in courts ne person in here has standing in courts except myself a artner, and that's proven, because we've been in the court s eki many times. Won many times, and I've lost a few time . at's because of corruption through the interpretive ing that corporations are allowed. So when I ask you to k at the future, it isn't so much the County Commissions tl.-wt we have to worry about. We have to worry about the eriff. Will the Sheriff take control of the Sheriffs Office and st till 'ng it as a corporation for rules and mandates and violations. e have to look at the county clerk. The county Clerk's Of rotects your private -property rights as well as your real pto _ rights, not through presumption that you're part of the corMaton. Then we have to look at the coroner. Most of you don't realize, but the coroner's the only person who can arrest the Sheriff. Think of that. That's our balance. Today is a special day here for Collier County. God has brought you to me, and I have brought you to God because God will determine your future, not I. Page 168 July 13, 2021 Thank you very much. (Applause.) MR. MILLER: Madam Chair, your next speaker online will be Pat Roberts, followed by Carla DeVille here in the room, and then Deborah Cruise online. Mr. Roberts, you're being prompted to unmute yourselfi you'll do so at this time. I see you're unmuted. You have e minutes, sir. MS. ROBERTS: Thank you very much. MR. MILLER: Ma'am, sorry. MS. ROBERTS: No problem. America has been a republic experiment for more than 200 years. A group of citizens agreeing to al with what our elected representatives believe is the right tbi It's sort of like living on a very large, long one-way stre e all agree that we will drive one direction and obey the e or the benefit of all. I am sure you've seen in wn experience with one-way streets, there's also some at live on one end that just don't understand or agree with to drive the whole entire street when they could easily and effectively come from the other way. It's better for them, �40 unless someone else is coming, it's really no big deal. Well, he re folks on the other end who feel exactly the same. As time go folks on each end of the street have more and more frien eighbors who see this and think, well, I'm not that much ftl;� the road, so I should be able to take that route, too. hat happens when the whole street feels that way? Are we going to change the direction of the street? Is this what this ordinance is about? I would caution us to consider how the other end of the street is doing with their type of sanctuary cities; San Francisco, Seattle, and Portland come to mind. They were deemed Page 169 July 13, 2021 sanctuary cities for those who felt just as strongly as the people here who are proposing this ordinance do. And what happened after those ordinances passed? We've seen it on TV, we've read in the papers that thousands upon thousands of people that have been attracted to this kind of political touchstone. The extremists from each end of the str this as a perfect battleground. ' Why would we want to invite this in a place where . are or were known as a great city to live, a vacation and ret' nt hotspot, a beautiful sanctuary away from the divisive rheto ' } the violence that's plaguing so many of our cities? What a t will be to see Collier County on TV. Collier County has residents from al ver America and the world. Our visitors are also from toe ers of the earth, and if we pass an ordinance that clearly e our wish to arbitrarily go against the direction of the United t es of America whenever some few on one end of the street f i it, we will have no one to blame but ourselves when we, t 1 like those cities to the west that we see on television. Thank you ve my�ch Jfor your time. MR. MILL : Your next speaker will be Carla DeVille. She'll be foll d b -- online by Deborah Cruise, and then back in the room C Laher. Is Car Ville here? E: I gave my time to BT, so he's already used my IIAIRMAN TAYLOR: All right. Thank you. MR. MILLER. All right. I did not have that; I'm sorry. Carol Laher and Robert Laher, I'm told now, have both had to leave. CHAIRMAN TAYLOR: No, they're here. MR. MILLER: Oh, why was I just -- Page 170 July 13, 2021 MS. LAHER: We have to leave. MR. MILLER: Thank you. Misunderstood. So we'll start with Carol Laher, then we'll go to Deborah Cruise, and then we'll come back to Robert Laher. Thank you. I'm sorry. Go ahead. MS. LAHER: Thank you. Good afternoon, Chairwo + Taylor, Vice Chair William McDaniel, and Commissioners. Every year on December 15th, our family celebrat Bill of Rights Day because it was on December 15th, 1791, e first 10 amendments to the United States Constitution wer ' led. Let me repeat that year. 1791. How many years ag a a . Exactly 230 years. The Bill of Rights is a list of person " ee oms for all Americans. These are rights that nQ o . -take away, because the Constitution itself protects them. 11 cture has been in place for 230 years. But now, in the year 2 , right here in Collier County, way down on the southwest c Florida, there has appeared a most unusual proposed oy ft e. I speak today agains is unusual ordinance. I ask, why Collier County? And I as , w�y now? Why not ever before in the 98-year history of Collie ounty? Surely there have been times, many times, when ier ounty citizens were concerned with the possible overreach if o ederal government. I bet everybody here thinks that compl ' g about the federal government is one of the very best parts an American citizen. And it's our Bill of Rights that g't our opportunity to grouse and grumble about things we Thank you, James Madison, for writing these beautiful, precious 10 amendments. They have protected us well for 230 years. Our Bill of Rights is just fine. It certainly does not need some dubious sanctuary here in Collier County, Florida. Page 171 July 13, 2021 And how do I know this? Because each of you commissioners has already taken the oath which requires you to support the Bill of Rights. You and every one of our elected officials are already in the business of making sure our freedoms are protected. Everyone in this room already counts on you for that. I ask that you vote against this unusual proposed ordina y g p p , Q W get back to those important issues facing the county that M . rron Gift Collier established almost 100 years ago. Thank you. �• CHAIRMAN TAYLOR: Thank you. (Applause.) MR. MILLER: Your next speaker onlina wl be Deborah Cruise. She'll be followed by Robert Lah', arid then online, Tamra Mitchell. Ms. Cruise, you should be prowpted"to unmute yourself, and there you are. You have three mitu s, ma'am. MS. CRUISE: Thank y tl. Pm Deborah Cruise. I am a citizen and a resident of Ki County. I truly believe in our stitutional rights, including those specifically addres ed ip the Bill of Rights. I am opposed to this proposed ordina and ask that you vote against adopting it. The ordinance do of eserve our patriotic rights. It's an unconstitu 'on ttempt to sidestep the overarching authority of the federal o ent based on a local opinion of an individual who is not p nally trained and educated in constitutional law. If e ndoubtedly, this ordinance will result in arbitrary and ca ous decisions and expensive lawsuits. The proper and legal route for reviewing the constitutionality of federal laws is through the courts, not implementing decisions based on a local opinion. Commissioners, you have an obligation to vote no on this Page 172 July 13, 2021 proposed ordinance because you have sworn to uphold and defend the laws of the United States regardless of who the president of the United States is. Thank you so much for listening. MR. MILLER: Your next speaker is Robert Laher here in person. He'll be followed by Enid Weygandt online, and the �b Tolp. MR. LAHER: Good afternoon, Commissioners. a s for letting us speak. My name is Robert Laher. Ouve,e'' iting Naples since 1984 and lived here for 20 yearsr forget coming here many years ago in the middle ofand going, how did it get so green here in the middle of t I practiced law in the state federal co f s or 27 years. The definition of an unlawful act in this pr has no ascertainable standard for what is unlawful. It' rly drafted that you will all be subjected to judicial review. oes it matter if an ordinance is poorly drafted if it doesn't ha v rtainable standards that people can understand if they're ing a crime or not? Does it matter? Let me quote Federa dge Robert Hinkle just a few days ago in the federal court wkio bpug t the attorneys bringing this kind of language before , and you know what he said? I won't -- quote, I won't put yo th pot and ask you if you've ever dealt with a statute tha wa ore poorly drafted. Abou years ago or 10, it was Moraya Bay, I was here, and they o shut off the beach, and the County Attorney at that ti little chat with me and said, you know, if Moraya Bay ho there, we're going to be the poster child for are we going to allow this on the beach, and we're going to spend hundreds of thousands of dollars in attorney's fees. Who's going to pay the fees in this case? Now, there's a question that's been raised about your personal Page 173 July 13, 2021 liability. I don't know if you're going to be personally liable or not, but you know what, you're going to have gosh darn attorney to defend yourselves. And maybe there will be funds for all of this but maybe not. The second point I have, do we want Collier County, our paradise, to go from having this wonderful reputation that pe from all over the country want to come to to becoming a po c ild for what this ordinance stands for? 01%The economic repercussions, people -- we're go' be saying -- I'm asking my -- people from Colorado a ing to me, what are you doing down there? People thT ' it t e time. People don't want to come to a battle zone, h t' what we're going to be. So I encourage you, for our coin Pe county we love, to say, no, we're not going to put thi ' ands of the Sheriff to decide who to enforce. And the n of the County Commissioners said, well, no one's contacted torney General to determine what the standard is for -- this ' g in so many ways, and I hope -- COMMISSIONER ANIEL: His three minutes are up. MR. LAHER: -- you vote against it. CHAIRM TAYLOR: Thank you. (Applau . MR. IL R: Madam Chair, your next speaker online is Enid Weygandt. e'll be followed by Rob Tolp, and then online, Judi Palayf" V14ight. Ms. Weygandt, I hope I'm saying that right. You're be �rompted to unmute yourself. If you'll do so at this time. '(No response.) CHAIRMAN TAYLOR: All right. I'm keeping an eye on her. She is still muted at this moment. I suggest we move to Rob Tolp here in the room, and then we'll try to get Enid after that. And also Page 174 July 13, 2021 online, Judi Palay, please stand by. Mr. Tolp. MR. TOLP: Thank you. A Florida native from Lee County. My grandparents are both immigrants to this country. One of them from Hungary who wa born two weeks after his mother came over fleeing communi Hungary, and then he met my grandmother in Panama in th nama Canal while serving World War II. 0 My grandmother's brother served the former pre ' t of Panama prior to the overtaking of socialist dictato el Noriega. When Manuel Noriega took over Panama, th s thing he did is he sent his goon squads out to go execute ev single individual who had been loyal to the previous presi t. hat was -- one of those people was my grandmother's ®br He had to flee to Peru in order to be able to save his ow Our system of government is stem of dual federalism, and some of the statements that h . b n made here prior to this -- to me getting up here have sho regious ignorance -- and I don't mean that in negative to Just being unknowledgeable about our system of govern ent, yvhich is dual federalism. Dual federalism has checks and nces not just between the individual branches of government t lso hecks and balances between our layer of governme t an e state government. It is th possibility of our legislators and our executive branok Le.. Our sheriff, and our judicial branch locally, to keep the of %e branches of government at the state level in check. Our go ment is not supposed to have an incestuous relationship with the other levels of government. They are supposed to actually be keeping each other's power in check, not colluding together with one another against the rights of the people. The prohibitive language of the Bill of Rights itself should teach Page 175 July 13, 2021 us a clear lesson. Shall not be infringed. Let's do some English grammar here. That is in the imperative mood. In other words, it's not just a suggestion to the federal government or to the state government in our state's equivalent to the Bill of Rights. It's not just a suggestion. If you would like to not violate the rights of o people, then that's okay. That would be nice. No, it's in a position as if a parent was giving a commr an officer was giving a command to a lower person within ilitary. It is not an option for our government to decide whet ey want to obey it or not obey it. It is something that they m according to the Constitution, and it is unlawful and illegal ' t d . This ordinance does not violate the Bill o gh s, as some have said. It, in fact, upholds it. And the fac . at it is saying so means that if a person who holds on the posit' �ur commissioners was to be -- had suit brought against h' also have the same rights and are afforded due process of 1 nnocent until proven guilty. That is on its face. So any ki rgument to this contrary to that is disingenuous. Thank you. (Applause.) CHAIRMIY41 I JAYLOR: Thank you. MR. MIMR':Your next speaker online in Enid Weyghandt. And we're ro ing her again. If she does not pick up this time, we will move . �onse.) MILLER: I do not see Enid picking up. Let's try online, Ju Olay. I've asked the Zoom folks to have her ready. Judi Palay, you should be prompted to unmute at this time. Ms. Palay? (No response.) MR. MILLER: Wow. Okay. Let's go back to the room here to Frank Cummings. And after Frank Cummings, let's go back Page 176 July 13, 2021 online and try Tamra Mitchell, and then back in the room for Joe Gonzales. MS. PALAY: Excuse me. This is Judi Palay. MR. MILLER: Okay. Thank you. Mr. Cummings, if you'll wait right here. Ms. Palay, you'll have three minutes. MS. PALAY: Thank you. There's a pause between 4 you push unmute and when we can mute, just so you know. MR. MILLER: Yes, ma'am. �• MS. PALAY: There are real needs in our c ity. Creating an unnecessary issue is not what we cially when this is clearly a costly court issue. It screams o e ment in religion. Let's set our immediate priorities: , e g our population, creating workforce housing, clean' waters, working on our infrastructure, paying our teaches others a living wage. We have traffic issues that are bet ' `'Worse. These are critical issues that require everyone's i 4'e attention. Please, vote no on ShThankyou. MR. MILLE : Y�ext speaker will be Frank Cummings. We'll follow hiR on online with Tamra Mitchell, and then back in the room to J o ales. MR. U INGS: Good afternoon, Madam Commissioner. Good afte , Commissioners. AN TAYLOR: Good afternoon. CUMMINGS: My name is Frank Cummings, and I live in G .r Gate Estates with my wife, Norma. We have lived in the Estates for more than 10 years now, and we love it. We have been coming to Florida for over 20 years. We came to Florida because the tax rate is lower than where we lived before, and we were looking for warmer weather. The weather has been great Page 177 July 13, 2021 except for some hurricanes, but now we are Floridians because we survived Irma in 2017. But we come from a big city with its own problems, and I have sat through a number of meetings. Never have I thought I would sit and listen to such balderdash. S I served in the United States Navy and served to uphold ib constitution, and I did it with honor. But this ordinance y e considering, if passed, you can be assured our taxes wil p, our economy will no longer be well thought of, and cons' e far-reaching effects. I am not a constitutional law ut if this ordinance you are considering is passed, youGan, s ured your budget will be in the hands of many lawyers, a d e will all pay. Vote no for this proposal, ladies and Antl men, and thank you for your time in giving this process., (Applause.) MR. MILLER: Your next sj)eat er online will be Tamra Mitchell. We'll follow Tamr&lv in the room with Joe Gonzales, and then we'll go back online nid Weygandt for one final time before we move on. , All right. Ms. Mitchell, you should be prompted to unmute yourself. I see 14 hand raised. If you'll unmute. There you are, Ms. Mitchell oAave three minutes. Please begin. MS. IT ELL: Thank you. My name is Tamra Mitchell, and I am a ent of Collier County for about 12 years now. I love it theme. Ym'\Yoicing my objection to the proposed ordinance. I un&Oand people's concerns about the federal government taking too much liberty with your rights, that sort of thing; I do understand that. But the way that this is being proposed is not going to be an effective way to achieve your goals. First of all, the statute -- or the proposed ordinance is very Page 178 July 13, 2021 poorly written. I'm a retired attorney. I see nothing but problems with the proposed ordinance, and it's going to be challenged in court, which is going to ultimately cost all of us, the taxpayers, a lot of money, and for no reason. My second point is that this is really unnecessary. If you h e an objection to the way the federal government is treating yo have a remedy now and have had for years. All you have t is challenge the proposed -- or the problem -- the problem 44ou see in federal court, and that remedy's available now. The legal theory that this whole proposed or e is based upon is called nullification, and that means th s e has the right to nullify federal laws that it deems to be unconst' a onal. That has never been upheld in federal court. The fi6dera court has based its decisions on the Supremacy Clause �n stitution which clearly says that federal law is superior o e over state law, and also Article 3, which provides that th iary has the final say in interpreting the Constitution. :-1 So, in summary, this otdnce is unnecessary. I look at it as a solution in search of a problem. Thank you. MR. MILL Your next speaker -- we're going to try -- well, we've got Joe nz es here in the room, and then we will try Enid Weygandt ne re time. If she is not there, then we will move on to Beth Ste d then in the room with David Goldstein. NZALES: Good afternoon, and thank you. Joe G ,and I support the Bill of Rights ordinance. ere we are about one year later, and our conspiracy theories are playing out. We said masks and lockdowns, which are unconstitutional violations, would lead to forced vaccinations, constant surveillance, and loss of rights. According to the White House press secretary, Biden is now Page 179 July 13, 2021 sending his strike force goons door to door to track and coerce, and they are working with local officials, which is bypassing the states. Some of us know that these door-to-door efforts are additional back doors to other civil liberty violations like freedom of speech, freedom of religion, right to privacy, and our Second Amendmen right to defend ourselves, all in their effort to usher in a new - order and totalitarian regime under corporatism and techno Our local sheriff and you are our first line of defen'inst an overreaching government. You're either with us or against us. Enemies are foreign or domestic. Governm s its power from the people and the Constitution. It limi u ri y; it does not expand it. You have taken an oath to uphold thj8institution and be defenders of liberty first and foremost. e asking you to not take the grants which are in violat' r rights. The fight starts here in this room. I know Mr. LoCastro has bly served and fought for this country; however, it doe er if you do not fight here where it counts, where the domesti emy is now. This fight has to be toe to toe, punch for pun h against the Marxists and communists that have taken over and i trated local governments, schools, and hospitals and corporate 1 the millions of soldiers' lives will have been sacrificed or n ing but corporate interests. So wh many of us believe this is necessary today? Because weir We're afraid that we have lost our rights to corporate a a ical interests. Within the last year we saw cities burning do ooters and rioters run free, our federal government was overthrown by an unprecedented and illegal voting. While they overthrew our government and cry for equal outcomes versus what this country was founded on, which is equal opportunity. Those who have shown that they want to overturn the Constitution and our July 13, 2021 system and erase our history, burn our flag, and indoctrinate our children are not called extremists or radicals. Instead, they want to label those of us who love our country, appreciate our constitution, love God and the opportunity this country has given us are Christians, and we appreciate our Second Amendment. We're now labeled extremists. What's up is down and what's down is up. Patri ti 1 do what patriots should do. We have to take control of ou ntry and our state and our county. I would ask Sheriff Ram k and all of you to first and foremost be defenders of liberty a first line of defense as you pledged. Thank you. (Applause.) MR. MILLER: Your next speaker ine will be Enid Weygandt one more time. She's bejn ted to unmute, and that's not happening, so that's goi t j�� y final call for Enid Weygandt. We're going to go online h Stein. Ms. Stein, you should be prompted to unmute i e. After Ms. Stein, we'll go here in the room to David Goldst Ms. Stein, ca you/please unmute? Mr. Goldst ' please come up. And let' t n y to go to John Chandler online after Mr. Golds in. Mr. C er, if you'll stand by. dstein. �m GOLDSTEIN: Thank you. y name is David Goldstein, and I've been a Collier County resident for over 20 years. I am a retired attorney who is admitted in New York and New Jersey. And while I'm addressing my remarks to the entire Board of County Commissioners, I am particularly concerned with those commissioners who are members of the Bar. Page 181 July 13, 2021 Each of you has taken at least one course in constitutional law where you should have learned about the constitutional's federal structure and the interaction between state and federal powers. Nothing in this federal/state structure empowers a county to interpret either federal or state law. For you to support an ordinance which claims to give Co It County the authority to supersede federal law is either arro e or ignorance or some combination thereof, and each of you-4art,,decide which applies to you. Each of you knows in your heart of hearts th so-called Bill of Rights Sanctuary Ordinance is unconstituti it face and will be stricken by the first court that hears a case i challenges it. I remind you that a civil war was fought w several states challenged federal authority, and you w that turned out. Please do not make Collier laughingstock by passing this ordinance. Thank you. (Applause.) MR. MILLER: Y speaker online will be John Chandler. Mr. Chandler, u're being prompted to unmute yourself, d,ie'1 be followed in the room by David if you will do so. An Silverberg. I st .lon't see Mr. Chandler. Mr. Silt' rg ,,, if you will come up. Mr. Silverberg's been ceded add' ion ime. Let me run this out real quick. Jennifer Walker. V"IMAN TAYLOR: Is she here? MILLER: Oh, you know what? I think she left. R. CHANDLER: Hello? MR. MILLER: Okay. Is that Mr. Chandler? John Chandler? Okay. I thought we had him. Mr. Silverberg was ceded time from Jennifer Walker and Myra Williams and Van Williams, but I just realized they ceded -- are you Page 182 July 13, 2021 here? The Williamses are here. Ms. Walker? (No response.) MR. MILLER: I think she had to leave. So we're going to go nine minutes here for Mr. Silverberg, and when that's done, Mr. Chandler, stand by, and we'll come to you right after that. MR. SILVERBERG: Okay. Thank you very much. ry name is David Silverberg. I'm a resident of Collier Count strict 2. I'm here today to urge you to reject this absurd, stitutional, and completely unnecessary ordinance. This is, f ridiculous on its face. There is simply no need for a sepW.it of ier County sanctuary for the Bill of Rights because the Un' eT States of America is the sanctuary for the Bill of Rights. Olaw is uniform, it's superseding, and it's upheld. And this ordinance, this prop dinance, has so many problems between the principle n e practical that it's as full of holes as a piece of Swiss chee mean, there are logic loops. You're going to challen 1 law in what court once you've denied federal jurisdiction. There's so many things that simply don't make sense. In addition king very pragmatically, your lawyer has talked about the fac t i 'opens you all up to liability. I believe it opens up our she �ffs the Sheriffs deputies also to liability. If they try to assert Relaw, they're liable to be sued. There's all sorts of questions— ut, you know, federal investigations that might be going ou fr tfii ,county that might be disrupted or hindered. ere's also -- you know, when we have an Irma or an Elsa or a 1�0 Wilma hurricane, if we remove ourselves from federal law, you're not going to get the assistance and support and the help that you need from the Federal Emergency Management Agency, and this can run into many millions of dollars, as you all well know. You cannot take Page 183 July 13, 2021 yourself out of the jurisdiction of federal law. Now, I, like everyone else, am very concerned about the Constitution and upholding the Bill of Rights. I mean, there is real concern. We've had an insurrection. There is a need -- there is a need to support -- there is a need to support the Constitution. is easily done in this county. Now, on all your desks you have a draft text of a resolnn that reaffirms Collier County's allegiance to the Constitutio the Bill of Rights. I urge you to pass that resolution. That's thing you can do, it's something within your jurisdiction, an omething that I think every resident of Collier County can o e -- and this, I think, will address everybody's problems and o c rns with possible violations of the Bill of Rights. e can do that here. The United States of America lea nd overcome rebellion, nullification, succession, sedition, urrection, and it has defeated them all. Collier Count s not need to join this sad parade of bad ideas and failed i s and absurd plots and make itself not only a laughin the country, but take itself out of the rule of law, which is what 's ordinance is proposing to do. So, in summaQon,04efeat this ordinance. This should be rejected, and I wpe that it will be rejected unanimously, and I urge you top%,%ar'colution reaffirming our allegiance to the Constitutic�he Bill of Rights. se.) MILLER: Your next speaker -- we're going to go back on ' o John Chandler. Mr. Chandler, we're ready for you, if you'll unmute. Then we'll come in the room for Rocky Scofield, and then we will try Beth Stein online again. Mr. Chandler, I see you're there. You have three minutes, sir. Please begin. Page 184 July 13, 2021 MR. CHANDLER: Okay. I'm going to save everybody a lot of time because the previous speaker just gave an excellent summary of the problems with this ordinance. It definitely needs to be voted down. I'm confident that the wisdom of our commissioners will prevail. This ordinance will not fly. Thank you. C MR. MILLER: Your next speaker will be Rocky Scofield -- your next speaker is Rocky Scofield. We'll him by trying Beth Stein again online, and then we'll co k in the room for Victoria Redstall. Mr. Scofield, you have three minutes, Sir*,, MR. SCOFIELD: Good afternoon, Com i si ners. CHAIRMAN TAYLOR: Good aft 0A. MR. SCOFIELD: It's pretty ap hear a lot of people here in this room saying that our cAU tovernment, basically you're subservient to the federal governor n � there's nothing you can do about it, what you're going to e is unlawful. Has anybody seen ne on in the federal government? That's why we're here. 's exactly where we're here. This country is in peril. It's�ost divided, I think, since the Civil War. The forces of M l ism and communism are affecting everything in this country, up rted by the Democrat party. It's u bell that the FBI, the CIA, the DOJ, the NSA, the IRS, and the De ent of Homeland Security, they've been weaponized by th government against the people. irst, Second, Fourth, Fifth, and Sixth Amendments are be hredded. There's rioting, there's looting, burning buildings, there's murdering police, and anarchy in a lot of major cities in this country. And what is being done? Nothing. Nothing to the criminals. What is the government doing? They're going after law-abiding citizens. This is where they're focusing their efforts. Page 185 July 13, 2021 The FBI can kick your door down at 4:00 a.m., arrest you, take you to jail for speaking out against this government. Hundreds of people are being held in Washington, D.C., right now since January 6th just for being in Washington, D.C. They're being held without bail, without indictments, and a lot of those people are �N solitary confinement. That is communism. Major corporations are conspiring with the government to censure, cancel, and spy on people. The root of that is _ cI Don't get hung up on a few words in this ordina d perceive, you know, what leads to unintended con ces. Everything you do here has unintended conse n I can assure you that Democrats in D.C. and major cities ac os t is city don't give a hoot about unintended consequentl� ou can see it by what they're doing every day. The Sheriff and his attorney 'ked this bill over many times. They're in support of it. get lawsuits all the time, like you guys do. You know, it's ' it's part of the -- part of the deal that you have. You know, I'm reall kened that -- I have a lot of grandchildren, and I'm pretty sickened by the fact that they may grow up in a country oid of their God-given liberties and freedom. My sons s s `�e all the time what we can do. Well, what we can do is re Y. It starts here with this ordinance. It's time to give the �e of this county a win, to give us hope, and say not on m wit `h_ y i, e fortunate to live in Florida. We have a governor that has our►cks. We're very fortunate to live in Collier County where the Sheriff has our backs. We're here today to find out if you guys have our backs. So if you cannot -- if you find yourselves -- you cannot vote for this ordinance, I would say to you, you may want to change your party affiliation and be transparent with the voters. Page 186 July 13, 2021 Thank you. (Applause.) MR. MILLER: We're going to go back online and try Beth Stein again. I'll let my Zoom pilot know, if Beth doesn't unmute, we're going to go on to, online, Beverly Hiltabidle. In either cas the next speaker in the room will be Victoria Redstall. Ms. Stein, you're being prompted to unmute yourselfis is your second opportunity. I'll give her just a minute her .©see nothing happening. Lisa, let's move on and try Beverly Hiltabidl e. Beverly, you're being prompted to unmu o el , if you'll do so at this time. Beverly, you have three minu s. lease begin. MS. HILTABIDLE: Hi. My namcA Bev Hiltabidle. Thank you for allowing us all this opportuilit I've been a voting resident of di County for 41 of the 48 past years. Throughout that time, orked continuously as an educator in Collier County Pu chools and as a program coordinator executive di he Learning Connection until my retirement in 2018. I'm here to ve emgitly oppose this ordinance, not as a person affiliated with a arty, but as an extremely concerned citizen. This ordinan i se ding the wrong message to everyone, particularl ou ildren, who are learning in school and from their parents tha g a good citizen means following the law whether you h it or not, and that there are vehicles defined by our C 'on in place for amending or abolishing a law. Passing an or ce at the county level is not one of these vehicles. According to a retired judge with whom I consulted regarding this issue, only the United States court can determine the legality of a federal law or action, not a person defying the law, not law enforcement officers who are sworn to do exactly that, enforce the Page 187 July 13, 2021 law, and not county officials who have no authority to change a federal law or the enforcement thereof. This ordinance will ultimately spawn numerous laws which I and those consulted believe will never be ruled in favor of the ordinance. County funds for these litigations are going to come fronj bW' where? I hope not from supporting workforce housing, w is sorely needed. I hope not from disaster relief and clea I hope not from infrastructure projects. I hope not from wa - ality proj ects. To summarize, a county does not have t u ri y to determine that a federal law is unlawful. It's r e nited States federal courts to decide. If passed, this ordinance will ngv oip in court, I believe, and it will cost the county and, th he people of Collier County an extreme amount of m peach time it's litigated. Commissioners, I believ vote no on this ordinance, you are not violating your oatift ice. In fact, you are acknowledging 11% IF and upholding the Constit N n of the United States and your oath by understanding the epaVtion of the power stated clearly in our United States Constitut• • therefore, I implore each of you to vote no on the passage of th' op ed ordinance. MR. IL R: Your next speaker in the room will be Victoria Redstall. follow her up online with Bob Erbstein, and after that e back in the room to Marlene A. -- and I'm sorry, 'm going to go with Gargoza. I hope that's -- pardon me? AIRMAN TAYLOR: Gargan. MR. MILLER: Gargan. Thank you, ma'am. Ms. Redstall, you have three minutes, ma'am. MS. REDSTALL: My experience is with the First Amendment, and I quote, the part of it is Congress shall make no law July 13, 2021 abridging the freedom of speech, and this has been completely trampled on regarding censorship of us conservatives. I think Collier County, we should make an example of this ordinance and vote it yes because we would be an example for the rest of the country, all the counties and all the cities that have be burning down and all the murders that are happening and the that are happening because there is just no law and order, a o ody is following the Constitution. O If -- Collier County, we can make an example o and stop censoring us conservatives. This is -- big tech ha e Section 230, which is the most dangerous thing. It n s e abolished, eliminated. That goes against our First Amen m n . I've not only been censored, I've been defamed, becaus hen you are considered a public figure, due to my careers oil c you now are all public figures because you're commissio �, hen you're public figures, they can not only censor you, the a slander you, and then you can't defend yourself from the er even though the slander is made up and all lies. T personal experience, and I've lost jobs because of it. So my point i , please, let's just sign this in effect. We can see in the room the le that do not want this ordinance, they are still wearing mas T seem to want to not follow -- they want to follow the rd f something that's against our constitution and mask u an against it. It looks like they've all just rolled out of bed.4QJL1vkconservatives, we're not respected, it seems. �acnyway, my point to you is -- I would like to give one of the co ssioners that I think has actually never read the Constitution, I'd li e to give him a copy, if I could do that, please. CHAIRMAN TAYLOR: Could you please give that to me. (Applause.) MS. REDSTALL: Even better. I was giving it to him. July 13, 2021 CHAIRMAN TAYLOR: Well, yeah. But direct all these things through the Chair, please. Thank you. MS. REDSTALL: I should have done that. That's all I wanted to say. So thank you. Let's vote this a yes with everybody, becaus you've already voted on it. You've already sworn when you by your oath to be commissioners. So I beg of you to plea ote this in. Thank you. (Applause.) MR. MILLER: All right. Your next speak"* 9' be online. We're going to go with Bob Erbsten. Bob, you're being prompted to unmute yo rs 1 , if you'll do so. And then we'll follow Bop up with lene Gargan here in the room. And, Bob, you have three mi MR. ERBSTEIN: Thank yo hank you very much. I agree with many of the a ers who were speaking against this ordinance. I mean, d of the day, we fought a civil war to ensure the role of the fe al government. It seems that this effort is being pushed by�a bunch "of political extremists who don't believe that the govern ; t is able to handle the responsibilities it has to its people, but it k . I me iu take, for example, all the stuff about the mask and the respons' ' y to -- that's an abuse of power. In 1918 the Supre. rt had determined that it was lawful for the government in .dw cAse of a medical emergency to require people to wear masks. VA 'today, in 1918, the U.S. represented 1.25 percent of the worrd's deaths for a pandemic. In today's environment, we've represented 15 percent of today's deaths because of all the silliness which has occurred in terms of people unwilling to accept the responsibility towards their neighbors Page 190 July 13, 2021 and cover their faces and prevent the spread of the COVID virus. Thank you for your time, and I would implore you to vote against this silly ordinance. Thank you. MR. MILLER: All right. Ms. -- we're going to go -- Ms. Gargan was actually ceding time, so we're going to call Pat Forksk who is being ceded three additional minutes from Ms. Garga 'Z�at will be a total of six minutes. And we're going to follow h online with Cynthia Marino Clark, and then back here i Qwoom with Janet Hoffman. Ms. Forkan, you have six minutes. MS. FORKAN: Thank you. Actually, 1 to clear up for the lady in the flag over there that -- MS. REDSTALL: It's a dress. MS. FORKAN: -- I'm wearing aA ecause of all of you who will not get vaccinated. (Applause.) UNIDENTIFIED SPEA Damn right we won't. MS. FORKAN: A Let's get down to brass tacks here. Why are we here? We a ere because a number of people are very unhappy about the presidential election didn't go the way they wanted, and they won't even accept the fact that Biden won. We are 4erg,because the federal government -- I have yet to hear what horr dAjhings the federal government is doing to everybody. t I don't know what those are. ' like to mention in the -- whereas a particular concern in t nce, edicts being promulgated by the federal government in :Form of executive orders. Where were all of you when Trump was writing executive orders constantly and making a lot -- and making a lot of the places like state department or EPA and the others devoid of normal -- scientific and normal procedures? None of you were here then. Apparently those executive orders didn't bother you. Page 191 July 13, 2021 I also want to know -- the next thing is, the balance between the national government and the state and local. I actually -- I'm actually a globalist, and I know a lot of you -- CHAIRMAN TAYLOR: Excuse me. MS. FORKAN: -- would think that's worse -- CHAIRMAN TAYLOR: Excuse me. Excuse me. You be�ed to direct your remarks to the Chair. MS. FORKAN: Okay. I'm sorry. But there's be %.so much activity in the -- in the back -- in the back rooms ther COMMISSIONER SAUNDERS: All right. Id you stop the clock? -- MS. FORKAN: I worked a lot COMMISSIONER SAUNDERS: HAng on a sec. Roll the clock back a few seconds. MR. MILLER: I have, sir. . e q, good. COMMISSIONER SAUND . I want to ask the audience, we said we want to have som Comm. We asked you not to call out and be rude to speak one's -- so, please, just let this young lady finish her com nts. If you don't agree with her, that's fine, but stop -- please §Oop interrupting and clapping while she's speaking. Whe e's finished -- CHAIR)AN YLOR: And in fairness to those -- I know that our sp ake�ddressed you, and I've asked her now to address the Chair, so... LER: And if I might, one more time, please silence y phones. �N�AIRMAN TAYLOR: Okay. So silence your cellphones, everyone. And you may continue. MS. FORKAN: Thank you very much. I've done a lot of work with legislators, local, federal, and international, and I've worked a lot on developing treaties that people Page 192 July 13, 2021 have to give and have to take. And there is no perfect answer in any situation. But we do try to meet in the middle, which I know many people find now appalling, that compromising is an appalling situation, but it's the only way this government can work. And I think that many of the speakers who have suggested things like the Democrats are Marxist or communists or whatpwvl�- that is insanely stupid. And so I really hope that some of you get off of this aspiracy business and get down to real business. I wanted to mention something about executi ers. I just read some of the executive orders that you're a out with President Biden. He wants to make it easier eneric drugmakers and Canadian providers to compete with . p armaceutical companies. I know a lot of people ®w like to have cheaper pharmaceuticals. He wants to allow Americas oo uy hearing aids without prescriptions, which Donald put in place. But I wear hearing aids, and I sure would li e a cheaper hearing aid. Require hospitals to ore transparent about billing. There's something we've a 1 fac.*d with. Why am I getting billed for this? I didn't even kno was something I was supposed to be billed for. Force al es - these are really awful things, aren't they, that Biden has ut i an executive order. Force . es to refund money when they lose bags or when the fligh oesn't function. Hey, there's a major problem. `gym just saying that there's so many things that people are UP out that are really not there. And somebody stole my line. It's a -- it's an ordinance in search of a problem. There really isn't this kind of nonsense. And I think that everybody who is so worked up about their freedom has to stop and think, we live in a place where people are risking their lives to come here. Do we really have to Page 193 July 13, 2021 have such a crazy bunch of things that go on to say that people are communists or this or the other? It really doesn't make any sense to me. I can't get myself to really understand what this -- this thing would -- would do. So one of the things that I asked, well, if I went into a theat and yelled fire and there was no fire, does that mean you havAiN defend me? What -- how does that work? Who decides w4w t e thing is that the individual does that says I don't like it. O I, for one, have worn a mask from the beginnin iad to work very hard to find a vaccination initially. And I re er my parents saying to me, you know, we were so grateful en u were a little girl that we could get you a polio shot. It was - eople would line up to get polio shots. There are so manyAop e in this world that would give their right arm to get a vac Just go ask people in India or Haiti, for that matter. So I really think that the who ea of not wearing a mask, not getting a vaccination is not be' e. It's being ridiculous. So I don't know what to call it; So I just say I'm done. Thank you very much for your time. CHAIRMAN TAYLOR: Thank you. MS. FO And I hope everybody votes against this. CHAIR AYLOR: Thank you. MR. WIL R: Your next speaker online is Cynthia Marino -ClShe will be followed here in the room by Janet Hoffen we'll go back online to Cynthia Odierna. I see you're unmuted -- Marino -Clark, that is. You hq�ree minutes. Please begin. MS. MARINO-CLARK: Thank you. I'm asking that the Commissioners reject this ordinance. The Bill of Rights already applies to all of us as it exists. Federal laws are put into place to protect our rights. It is illegal for states and localities to prevent or Page 194 July 13, 2021 impede federal agents from enforcing federal laws they are tasked with enforcing. This ordinance is an attempt to bypass the legal system and make the sheriffs department and local government our judge and juror. This ordinance promotes lawlessness by allowing local governments and sheriffs departments to arbitrarily decide w it laws to follow, when to follow them, and which groups of ns they choose to prosecute just for following federal laws. (Dis will lead to abuse of power. Our constitution gives our judicial branch the to make constitutional determinations. Our judicial s a ready in place to interpret law. Article 3, Section 2, gi es the judicial branch of government the right to settle controve s etween a state or the citizens thereof, the foreign state citize b.ects. Sheriffs Office and local go is must follow federal law and are not qualified to make cons 't ional determinations. Federal laws are put into place to prey fair application of the law. There may be many unfo onsequences if this ordinance is passed. This will lead to ingement of our constitutional rights when local governmenand Sheriffs Office arbitrarily choose not to follow our feder aws. Officers n ci ' ens who follow federal law will be prosecuted. What hap ns en the local government and Sheriffs Office are not in agree me 'th certain groups or political organizations? Though they e same law, will these groups of people be prosecuted b riff or local government while people they like are not? hen elected officials change and sheriffs employees change, then does that also change which federal laws they will then choose to arbitrarily follow and what they deem as constitutional? This leads to complete anarchy. Passing the ordinance may lead some residents of this county to Page 195 July 13, 2021 perform treasonous acts upon our government. Some residents of this county were involved in the January 6th, 2021, insurrection that beat up our D.C. officers in an attempt to overthrow our government, overthrow our fair and free elections, and murder our elected officials. Is passing this ordinance an attempt to help them avoid prosecution for their treasonous acts? Will it encourage tho perform more acts of insurrections if they're not subject 16 *eral law and prosecution? Passing this ordinance could also reduce tourth this area if people are afraid that local government and s artment will not follow federal law. And then, who will p nevitable cost when this is taken to court? Will ou xes increase to pay for this power grab of our local governrpeVS � heriff s Office? I respectfully ask that you do o'this ordinance. It is not necessary. CHAIRMAN TAYLOR: nk you. MR. MILLER: Y speaker here in the room is Janet Hoffman. We'll followFhp online with Cynthia Odierna and then back in the room with $herman. Ms. Ho MS. HO AN: Thank you very much for providing me the opportunit , to ak on behalf of the League of Women Voters of Collier Co I am Janet Hoffman. I am a 41-year resident of Collies ty, and I am a current co -president of the local League. kLeague is a nonpartisan organization encouraging informed an ive participation in the government for over 100 years. We fully believe in the individual liberties established in the Bill of Rights, but we do not support this proposed ordinance. This ordinance does not affirm our county support for the Bill of Rights; rather it suggests that Collier officials may pick and choose which Page 196 July 13, 2021 federal measures they wish to follow. There are many questions that have already been asked such as, who will determine this; what procedures will be used? It is not the job, with my due respect, for the County Commission or the Sheriffs Department to decide what is unconstitutional. The federal cou decide this alone. t%tl The League of Women Voters believes that efficient 'V government requires the clear assignment of responsibil' Od coordination among the different agencies and levels vernment. The Constitution, its amendments, and our fe aws are the law of the land. This was well settled by our e ers in Marbury versus Madison. It has been well settled in ca e ft r case that the Supreme Court has the final authority to i et the Constitution. If we were to allow the state or�lo rnments to cherry -pick which laws they wish to obey, we is ate chaos. Our county could be drawn into prolonged an c tly litigation. The ordinance could hav gative impact on our commerce. Businesses need reliable sistently applied laws which this ordinance will not createe need to affirm that we stand for the laws of the United StatV o America. It is essential -- essential that we improve or r it our government, not disregard it. We love this country. W etri the freedoms enshrined in the Bill of Rights, and we re ecy urge you to vote no on the Bill of Rights Sanctuary ance. TAYLOR: Thank you. `Vpplause.) MR. MILLER: Your next speaker online is Cynthia Odierna. She'll be followed here in the room by Scott Sherman, and then online by Cynthia Reece. Ms. Odierna, you're unmuted. You have three minutes. Please Page 197 July 13, 2021 begin. MS. ODIERNA: Thank you. Shouldn't our Naples commissioners be working on expanding public transportation, ensuring public health/safety post COVID, and working for public good and the fiscal health of our town instead of looking for ways of bending the law for those who want to delegitimize our elected government? I feel as if you are looking -- going out of your way to create pandemoniu .� If -- excuse me. I trust and intend to adhere to andates of the federal government, but will these constitution rpretation decisions be permitted to be made on the spot t ese court proceedings change -- will there be court proc d gs to change the law on the books? In fact, the officer w e resented Sheriff Rambosk today said that -- that theja, ould beprepared and then go to the state for the final dBut -- so you're going to make a case here, and then it's goto the state anyway? Isn't that circumventing and causi of extra money and time and confusion? And if so, will this annded constitutional language be published in time for cit�zens to change their practices? If updates are to be published,,_ where and how will that be? On a leader board at a drive-in 9ve §treen? Where's the transparency? How an ensure that people in groups with special interests operatin o e of safety and equity don't push this new agenda? I think where it's coming from, in fact, and I think it's coming fryYftNtate, from our local governments in the state. it already quite a -- it's already quite a challenge with the likes of A EC, the American Legislative Exchange Commission, proven to actually write the language of laws for the politicians they pay. That's where the corporations come in with their corruption, and we've been fighting that for many, many years already. Page 198 July 13, 2021 This is a recipe for confusion and arbitrary favoritism. This is -- this is clearly a local power grab with the attempt at flouting the laws that are on the books already and a challenge to our democracy. One of the last speakers said -- started to talk in such a way that it reminded me -- put all together, and he was trying to say make America Mayberry again. Well, in the times of Mayberry, h have had warm, fuzzy feelings like I did when I used to wa ndy of Mayberry in the '60s, but you know what? My pe*e., y brothers and sisters of color weren't having such a gThat's when, also, I believe the song Strange Fruit camenow my reference. Now, Rambosk subscribes wholeheartedl t e forcing 287(g). He's really hot to trot with that state legisl,on; but now he wants to flout federal laws that he doesn't liki. Why don't we take care of th who -- the insurrectionists and those who opened the doors f in and including the inciter in chief and his minions. That's we need to be worried about. And I really am worried. orried for my safety, and I'm worried for the fairness when I'm g to -- I don't want to be languishing in jail for just doing what;*think is on the books according to the law and what I'm all ed to do only to find out that a couple of sheriffs have differen of inion with that, and I'm going to -- I'm going to lose time at m b and lose my reputation languishing in jail while the Suprem urt is suspending our taxpayer money. AN TAYLOR: I didn't hear it. I'm sorry. k you. Thank you very much. I'm sorry, but your time is up VmanK you. MR. MILLER: Your next speaker in the room is Scott Sherman. He'll be followed online by Cynthia Reece, and then back here in the room by Drew Clark. MR. SHERMAN: Commissioners, thank you very much for Page 199 July 13, 2021 listening to me today, and do truly ask that you listen to me. I had prepared a speech, as usual, and I got up here -- and I'm not going to say what I was going to say. In reality, you know God gave us our rights. You guys don't -- we're not going to beg you for rights. God gave them to me. I never wore a mask. I wore one to go in the county -- t �&IMP school board. I had to wear one once. I didn't do it. I dare. You don't tell me what I can and cannot do. As long a $Iot hurting anyone else, it doesn't matter. AL Health responsibility is an individual respons' If you are worried about your health, then exercise and r. nd you have a God-given immunity system that should work r ou. Anyway, we have a bigger problem e. I'm looking at what was going on here today. We have.a ounty. We have a broken country. We have an ille president that cheated to get in place -- that's been proven at the evidence -- and we are just -- you guys are tasked wi e ing us fix a broken county. Clearly what we have. ou can do it. I hope you're up to the task. I hope we can com gether as citizens and work together. I have a lot of people who have spoken today that are friends of mine that have s en against this. I'm actually for this ordinance because I wa t te'sk you guys. I wanted to see if you guys would, you know, tep p and say, yes, we support the Bill of Rights, because it feel that way. eft like I was in an Orwellian nightmare when I was in here la you know, pushing the mask and pushing the mandates and al That's scary. And the CCP school board is even worse. I mean, they wouldn't even let me sit next to my wife. These rules are asinine, and we need to stop. Government should be here to help us with the infrastructure. There were some beautiful things going on today. It was such a Page 200 July 13, 2021 gorgeous meeting this morning. I loved, you know, hearing about the rural lands and all that. That's what you guys are supposed to be doing. I appreciate -- you guys work hard. And anytime you do a little thing and you screw up in your position, we're going to jump on you. I'm sorry. It's just human nature to say, oh, you're not thinking the way I do. So, you know, God bless all of you. I'd like to say a r for you. Dear God, please bless these commissioners. Dc e ight thing. We really want this county healed. We really-. t to bring Jesus into the world better than we had before. A ` ,.ask this in Jesus' name. Amen. So thank you for what you do. And, you w, let your, conscience guide you on this but, in realit Nye ve got bigger fish to - fry then whether the Bill of Rights or tl �} 've got a broken county. (Applause.) � MR. MILLER: Your n aker online will be Cynthia Reece. She'll be follow room by Drew Clark and then back online to David Millstein. Ms. Reece, you'repeing prompted to unmute yourself, if you'll do so at this tim . While I'm waiting on that, Mr. Clark, if you can come to one t e diums. UNI IED SPEAKER: He already spoke. MR. R: All right. Then let's try Chantal Sherer. TIFIED SPEAKER: She left. MILLER: She left. en let's try Victoria King. Ms. King. Daija Hinajosa. She is here. Of course I got it right. And then we'll try David Millstein online after this. MS. HINAJOSA: Good afternoon, Commissioners. First I want to say that I think it's absolutely ludicrous that people think the Page 201 July 13, 2021 Bill of Rights ordinance is unconstitutional yet are totally in support of ostracizing citizens based on vaccination status or the forced use of masking. It's absolutely ludicrous. I'm obviously here today to speak in support of this Bill of Rights ordinance for many reasons. You know, I always say, ha we followed South Dakota, we wouldn't be in this mess right no .� South Dakota never shut down, and they never deemed wh s essential and who was not. O The United States Constitution does not exist to us rights. These are inherent within us. Rather it exists to f limited government so that these natural rights can b e e freely. By adopting this Bill of Rights ordinance, are declaring that the government in Collier County unders s t eir boundaries and supports citizens' free exercise of their rights. This is a reminder that this ordinance umbr ery single resident of Collier County from private citize elected representatives. We not only support our federal a e constitution, we support the spirit of these document We must recognize t we are free people that lend you consent to govern. After a yea;*of facing unconstitutional charades such as mandates, lockd s, and being labeled as essential or nonessential, and now peo e re bject to door-to-door vaccination by the federal administr 'on. It is n y appropriate to declare Collier County a Bill of Righ ary, but it is imperative. Our Constitutional republic is ri hin ice. Every one who has fled communism warns us of th gers that we face. We must show the nation that Collier County supports protecting citizens' rights and will ensure that we act in good faith and conduct ourselves within the bounds of the law. There should not be any reason why any law-abiding citizen or government body would oppose this ordinance unless said individual, Page 202 July 13, 2021 individuals, or body plan to violate these rights now or in the future. Commissioners, if you want to show the nation and these residents that you support the exercise of free rights, you will vote yes on this ordinance. And I'll leave you with the quote from Albert Einstein. Th strength of the Constitution lies entirely in the determination citizen to defend it. One -- only if every single citizen feel ty bound to do his share in this defense are the constitutio 4j1hts secure. Thank you very much and have a great day. (Applause.) MR. MILLER: Your next speaker onlin w 1 e David Billstein, and then followed here in the ro by Beth Sherman, and then we'll go back online to Deborat Mr. Millstein -- and I hope I' g that right -- you are unmuted. You have three minu e Please begin. MR. MILLSTEIN: Thaakybru so much. And I wish I could n there in person. I actually tried to show up this morning, bu :ve been having some low -back issues, and it was very difficulk I am an att y. I practiced civil rights and constitutional law for 50 years. au t it at law school, and I am currently the chair of the Collier Co ACLU Legal Committee. I kno t about this stuff, and as I've been listening to the vari e speak and hearing what the County Attorney had to s ; , I ght to myself, what would it be like if I had been the Co Attorney and the Board of County Commissioners had come to me and said, look at this ordinance. What do you think? Well, I would have started to chuckle as I read through the first paragraph or two. Then I would have become completely hysterical when I got to the anti -commandeering part, and I would realize that Page 203 July 13, 2021 this was an ordinance proposed by somebody who doesn't really understand constitutional law. There is this thing called the Supremacy Clause. The county does not have the legal authority to nullify federal law. It can be challenged in court, yeah, but it can't be -- you can't pass an N ordinance declaring that you're going to ignore federal law. ri, if you want to make this a Bill of Rights Sanctuary City, w on't we make it -- I'll tell you what. Why don't we make it 'n ome tax sanctuary county as well. You could pass an ordina ying, well, we're not going to pay any attention to the Interna nue Code. It would be the same thing. So I would sayto you all you know, you . orl't want to ass this. y �y �y � p You're going to get yourselves into big tr le. You're going to get sued right away. You're going to lgse. deal of incompentries [sic], and you'll look -- you're goi k pretty foolish. It is so unconstitutional in s y different ways that one hardly knows where to begin. uld then say, come on, let's go out and have a beer and 1►gh about this, and that would be the end of it. So I hope that you^ill recognize that as County Commissioners you do not have, authority to nullify federal law. And if you make an effor to do -)So, I think that you're going to find yourselves in trouble. I a pr e the opportunity to speak. Thank you all very much. LER: Your next speaker will be here in the room. B an. Ms. Sherman's been ceded an additional three mi s from Marge Heinzel, and she is here. So she will have six minutes. And then after that we're going to go online to Deborah Cruise, and then back here in the room to Dan Cook. CHAIRMAN TAYLOR: After that, we are going to take our break. Page 204 July 13, 2021 MR. MILLER: Oh, I'm sorry. We'll go after this speaker here, after Ms. Sherman. Okay. So everyone else please stand by. Ms. Sherman. MS. SHERMAN: Thank you. It's very shocking that I'm sitting in this room hearing so ma people who are against supporting the Bill of Rights. I don't understand why people don't already understand that our sh�, a constitutional sheriff, already has the right to do all thes gs. This is just icing on the cake here. We're living in times where we need this ordi , which is absolutely crazy, but that is where we are. I t tell you why it's needed, because we're living in a time of deYland tyranny. A lot of that tyranny is happening locally. At the last meeting I spoke and.g umber of deaths and adverse reactions to the coronavi SlLo, nd asked that the people receiving the shot be informed v r a of the reactions so that they can make informed consent. I have not heard an �rom any of you on whether you have looked into this data or no have asked for people to do this. I am also here to state o the,,,ecord that NCH should no longer be allowed to provide medi data or advice to this community. They have been and are i cu ently suppressing lifesaving COVID treatments like hydro ch oquine and Ivermectin. These drugs have been FDA a ro , studied, and proven safe for many years, and our very own i studied HCQ years ago and wrote a paper on how it is a ventative and cure for SARS COVID. It is absolutely cri 1 that this health organization will not allow their doctors to use eir own discernment and prescribe this to their patients. Patients in Collier and across the USA are having to make appointments with America's Frontline Doctors to be seen virtually, prescribe these lifesaving drugs, and then they're having to mail them Page 205 July 13, 2021 to them. These drugs could have saved thousands of lives. The fact that we are allowing this to go on in our community is sickening and must be stopped. While I was in this room somebody came up to me and the informed me that NCH is not allowing people who need surgerie o get those surgeries if they're not willing to get the vaccine, w ' i think, is disgusting, to say the least, especially when they'r even requiring it of their own employees. O Let me remind all of you that this vaccine is onl roved under an emergency -use authorization. The reas was suppressed is because it is a preventative ante re. ey could have never gotten this emergency approval if t s ca e out. Every aspect of our lives is being ce re The news won't report on, which is truth very clear, pe ople in this room are calling some of us insurrectionist . e tell you that there is plenty of evidence that the FBI ac a planned that as a false flag, and it will come out because t h always, always comes out. As of yesterday, ou mate president -- who, by the way, cheated in the election. Wis a fact. Keep your eyes on Maricopa County, because some of you are going to have to buckle up pretty soon to learn w ' been going on -- he said that he will censor our online messa an ur text messages -- our text messages to limit the messa e be spread about vaccine safety. If it was so safe, do you think t ould need to do this? If it was so safe, do you think they eed to go door to door to convince people to take it? I p don't. e cannot allow medical tyranny to go unchecked. Mr. Solis up here has stated for the record multiple times that he believes in mandatory vaccines. COMMISSIONER SOLIS: I have never -- CHAIRMAN TAYLOR: Excuse me. Please -- Page 206 July 13, 2021 COMMISSIONER SOLIS: I have never ever said that. MS. SHERMAN: Well, when I come up next month -- COMMISSIONER SOLIS: I have never said that. MS. SHERMAN: -- I will pull that from the records -- COMMISSIONER SOLIS: You need to retract that, becau I have never said that. MS. SHERMAN: I will not retract because I was hercice when you said it, and I will come back and confirm it -- COMMISSIONER SOLIS: I have never -- �• MS. SHERMAN: -- with the paperwork of nutes from this county. (Simultaneous crosstalk.) COMMISSIONER SOLIS: I'm onl filling to -- MS. SHERMAN: Moving fo�w oes not deserve to sit up there and represent the people. g -- COMMISSIONER SOLIS: orry. MS. SHERMAN: -- pe take an experimental shot is a crime against humanity, .apd 's not a lie. If you allow the federal government to send anyon door to door in this county to check on their vaccine status yoVare not only complicit but responsible. This is not ke. It's not a conspiracy. If you are not awake to these truth u est you take my words and look them up and do some rese ch. fives are at stake, and you are personally responsibl aders in this community. 'th this quote from Martin Luther King, Jr. The day we se th and cease to speak it is the day we begin to die. you vote no today, we the people kindly ask that you resign so that a true leader can fill your seat. Thank you. (Applause.) CHAIRMAN TAYLOR: And we are going to break for one hour for dinner, but before we do that, my colleague to my left, Page 207 July 13, 2021 Commissioner Saunders, would like to speak. COMMISSIONER SAUNDERS: All right. I've sat here through every meeting that this commission has had for the last four -and -a -half years, and I just want to say for the record I never heard Andy Solis say anything about mandatory vaccinations. MS. SHERMAN: I will bring those minutes. 1z COMMISSIONER SAUNDERS: If you have the mint s, N love to see those. O MS. SHERMAN: I will bring them. 9COMMISSIONER SAUNDERS: But I wa for the record, I've never heard that from anybody on 's ar . MS. SHERMAN: You also said last we or the record, that Penny Taylor didn't say she was going to Ave us removed from the room, and she did, and I'll bring tho§e as well. COMMISSIONER SAUND ring those minutes, too. But right now I'm talking about issioner Solis and the requirement to have vaccinati Those comments never happened. CHAIRMAN TAY think now is a very good time to bring some statistics that e brought to the Fallen Officers event at Sugden Park last week,. an I was there. The mayor of Fort Myers brought these st tics. s. One hundred fifty-eight officers died over last year; 73 t os officers died from COVID nationally. Anyone who think tha VID is a hoax need to go talk to the families of those offic hank you. se.) 'nner recess was had from 5:01 p.m. to 6:00 p.m.) R. ISACKSON: Madam Chair, Commissioners, you have a live mic. CHAIRMAN TAYLOR: Thank you very much. We just got a tally from Mr. Miller that we have 45 more people to speak. So I think we need to -- online and -- certainly online and Page 208 July 13, 2021 in person. So, yes, Commissioner Saunders. COMMISSIONER SAUNDERS: Before we get to the speakers, I just wanted to make one statement for the record just to clarify. There was a statement made by a speaker that NCH is refusing services to folks that have not been vaccinated. I sp to -- or got a message from NCH. That is absolutely false. is not refusing service to people if they've been vaccinate 1 they've not been vaccinated. And I just want to say that for cord, because a lot of people listen to these meetings, a n't want that wrong information out there. CHAIRMAN TAYLOR: Thank you for o g that. That's important to know. We need to keep ev hing accurate. All right. So, Mr. Miller, I will over to you. MR. MILLER: Yes. Actu eone who had been -- we were told was not here actually re. Chantal Sherer. We're going to start with her here in om. Then we're going to go online to Deborah Cruis en back in the room to Dan Cook. MS. SHERER: He verybody. As usual, I'm not prepared. Everything's off th cu)fk I was reall &nned to see the opposition today, as many as there were. o ver did the recruiting, good job. Now, fir f all, I know you guys have heard this, but I was born and ra' in Ethiopia, and I saw my birth country turn into com It's the ugliest thing ever. And to see people die in fr u, hangings in front of me as a child, if you think we're im e to that, we're not. Once you let the federal government into our state of Florida -- they shouldn't be let in anyway because it is out of their jurisdiction. But once we start happening with the federal governmental taking a little bit of control here and there, oop, all of a sudden we're going to have marshal law. Oops, guess what? We're Page 209 July 13, 2021 going to be under, you know, curfew. All that, it will happen. I've seen it. As far as Cuba, I don't know what happened, what age you were when you left, but your family -- I mean, it must have made an impression on you. So understand your opening statement. 'fir you for or against it? I'm against communism, I'm against what it does, and I or the 2A, because that is a protection we do not have. W �.eod to start somewhere, and there is no better place than Naples, a, to put our name on the map that we will protect our peo ause our county commissioners will protect us. Right now we're waffling. Should we? uldn't we? What 0 What if that? By that time, it's going b6 way too late, way too late. You need to make a decisjo Y make a decision now because our safety your is in hand � governments and `r everything that could hurt us is i o hands. That's all I have to say. CHAIRMAN TAY hank you. MR. MILLER: Allw t. We're going to go online. A slight switch here. Dr. Malow, I think, if I'm reading this typed in here correctly. The,e'll go in the room to Dan Cook, and then back online to Jeff-Z as . Let's ee, oks like Marcis Maloni, if I'm reading this right. You're bei ompted to unmute yourself at this time. You have three Please begin. Hold on just a minute. I'm not h em. Let me see if someone muted the computer here. N kay. We are not muted, but I am not really hearing them. They're unmuted but we're not hearing them. There's some sort of technical issue. Let's go to Dan Cook here in the room, and we'll see if we can mute Dr. Maloni and get that sorted out. He's been ceded additional Page 210 July 13, 2021 time from Richard Schroeder, who I just spoke to, so I know he's here. So Dan will have six minutes. And then we'll try to go back online to Dr. Maloni after that, Mr. Cook. MR. COOK: All right. Thank you. Thank you, everybody, for your patience today. I know it's been a long one for all of us. Madam Chair, I'd like to state for the record that there is difference between those who died of COVID versus those died with COVID. And I think that was one point of conte 'with the mask debates last year. Regardless, I'd like everyone to recall that th hat Benjamin Franklin said those that trade their liberties fo c deserves neither. I'd also like to state for the record an t t e record show that back in February I raised concerns qbo e statute that provides for a forced vaccination in a very t example, and that Commissioner Saunders did stat a mandatory vaccinations would not take place in Collier Cou Ro I wanted to thank the commissioner for statin he record, and I'll go ahead and move on with the rest of iNgomments. So from my perspVtive, nothing in this ordinance denies the rights of due pr s. Nothing in this ordinance denies your Fourth Amendment ' t to e free from unreasonable searches and seizures. I'm g d t e that people from both sides of the aisle are here speakin f it passions, speaking to each of our perception on what of Rights means, but I'm a little puzzled by some of the ar that the other side is making. And I'll just state here cle 1 , for the record, that I am for this ordinance. So I'm kind of surprised and puzzled by some of the comments that I hear from the other side saying that this ordinance is divisive. And so to that, I think the unifying message here could be freedom. The rights pertained in the Bill of Rights are all of ours. Whether Page 211 July 13, 2021 you're a commissioner, whether you're a sheriffs deputy, whether you're a citizen, they apply to all of us equally. So I think that this could be -- should be a unifying discussion that we're having rather than a divisive one. I maybe would -- maybe would assume that maybe the divisiveness migh become -- might be coming from those who are perceiving it divisive. I'd also like to speak to the notion that this ordinan many holes. I think one speaker said that this has as many as a slice of Swiss cheese, but remember that that hasn't sto e Board from passing ordinances in the past. If you recall the mask mandate actually h everal holes or exemptions, and I made sure that those o y side were clear of those holes within it. To the concern that the exce al fees and attorney fees that might take place if this ordina c is passed, I would ask, is the County Attorney not already e iner? I'm not sure if you would have to pay for additionaJ t ys if excessive litigation comes through on this. To the claim Ptat t.4e Supreme Court is the final arbitrator of determining co tionality, I would note that the Fifth Amendment says that a gr 'u must receive an -- or must make an indictment on someorW an at just like Colonel Jim Bloom said, there is a process of, ow, bringing such a suit under this ordinance; that nobo ': process is going to be violated by the passage of this e still have the right to a trial. You have the right for the judge or the jury to make the determination on the constitutionality or on the merit of the suit or on the guilt or innocence of somebody who is on the other end of the suit. So I think a lot of the objections to this Bill of Rights Ordinance, the answers are contained within the Page 212 July 13, 2021 Bill of Rights itself. So I'd also say that this is not about politics. This is about government abiding by the constraints entailed by the Constitution and the Bill of Rights. The rights of free speech, privacy, bearing arms, and due process are rights afforded to all Americans. An'y e accused of being in violation of this ordinance does still have, h rights of due process. If this -- if this ordinance does create a flood of liti 'o of meritless suits costing taxpayer money, that is a fair 'on, and I think that the -- that, as Colonel Jim Bloom said, t uments are going to go to the State Attorney, and they're 'n ake that determination. It's not going to be a free-for-ap ol t e Sheriff just, you know, making decisions on his own. (Jhe e is the judicial process still entailed. So I would suggest, then, tha &aZanch re going to consider voting for this, keep in mind that the ju i of government is not cut out because of this ordina think that this ordinance more clearly paves the way fo ,citizens to go to the judicial side to find remedy for our griev S. And so I hope that- in the future moving forward, I hope that this ordinance w' ass, and I hope that excessive litigation is not the case. I thin at t e State's Attorneys Office's -- or the State Attorney, im erself, would be the buffer not allowing excessive litigation t pen. ooing, I would ask the commissioners for a yes vote on t nce. I'd ask you to not water it down with a resolution. I thi e proponents of this resolution [sic] feel that a resolution is akin to talking about it but not being about it. I think the ordinance kind of puts -- you know, makes you put your money where your mouth is. So in closing, I'll just ask you to vote for this up or down, and Page 213 July 13, 2021 it's your choice if you want to be the hero in this situation and stand up for our rights or if you're going to choose on the other side. Thank you. (Applause.) MR. MILLER: Your next speaker -- we're going to go to Dr. Joseph Doyle online, and we'll follow that up with Ray Nq ire in the room, and then after that back online to Jeff Zalasky. -` Dr. Doyle, you're being -- and there you are. Dr. 40, you have three minutes. DR. DOYLE: Yes. Good evening. ThanKGood g evening, Commissioners. Dr. Joseph Doyle. And as I've listened to my fellow Americ sFthe problem that we have is that we Americans suffer fro o bias, and we disbelieve or minimize threat warnijg nstance, those of us who are under 45 never experienc, ' flation and stagflation of the 1970s. They've always had r percent inflation. In fact, many of us who did experienc , we haven't seen it in 40 years. We don't think it could ell, guess what? It's happening right now. Well, the same is We for this country. After 1871, the government got er and bigger. We never experienced the limited gove ent at the founders wanted in the Constitution. I also -- it uite revealing that many people don't really truly underst_ and ower and the authority of the Sheriff. This ordi � 1 reinforce the Sheriffs constitutional duty, and he is the h' thority in the county, even more than the President of the U States and the Governor. The Sheriff in Hillsborough County where Tampa's located, I'm sure, would love to have this ordinance so he can tell those Capitol police that Nancy Pelosi's sending down to set up an office to get the hell out of his county. Then they can settle it in court. Page 214 July 13, 2021 But the Sheriff needs this document to reinforce his position and his authority. We can tell all the alphabet agencies to get out and stop harassing his citizens of Collier County if he so sees it that way. Of course, it would be in consultation, in many cases, with the State Attorney. So for 150 years the federal government has engaged in n creep. It has overreached and usurped our God-given right . It s like being the frog in the water where the heat goes up bit, a little bit, a little bit until it's boiling. Well, we are st to boil in this country. We need you as the commissioners us back on the tracks to being a Constitutional republic, i 1 do it one county at a time. Let's start with Collier Cou Thank you. MR. MILLER: Your next speak Nord here in the room, and he'll be followed by Jef y online, and then Connie Tavalaro here in the room. Mr. Nord? MR. NORD: Goo b�gbon, Madam Chair and Commissioners. I'm hap xo be here and pleased to have an opportunity to spe k to0ou. You've all heard from me at least once via e-mail on m uments against this. And I'm here to implore you to vote a i st is proposal. I havQ to ' it that when I first saw this proposal, the flashes of January 6th eerie across my mind, and I said uh-oh, uh-oh, here we are. another insurrection in the forming, but that's not why I've. ou heard all the arguments about constitutionality, whether or not this is needed and all. I have a very simple approach to this thing. And I'm a businessman. I spent my entire career in business. And this morning I had an opportunity to meet with Collier -- head of the Collier council -- no, not the council? Page 215 July 13, 2021 The -- what am I thinking oV The Chamber of Commerce, excuse me, the Chamber of Commerce, and I was very interested in what he had to say. And he waxed eloquent on the idea of our need to keep bringing capital and human resource potential to Collier County. And he went on at quite a length to describe the efforts of the county to do that. `5�' When he was all done, I asked him one question. I saiS� ere do you stand on this issue of the sanctuary county? O And he said, we don't have a position. �• And I said, I'm sorry, but you have spoken at. about what you're doing to try to encourage the talent of h flow of capital to this county and why it's necessary fo u to continue growth, and you don't have a position on ? He said no. I said, well, let me tell you. NN out of the business world, and in the business world, we ha o ortunities to do things. And I'm sure many of you have be usiness. But when we have an opportunity to grow our , we look for places to expand. And when we look for pa s to exp and, we have the world to expand. We might. go po India. We might go to South Carolina. We might go pl We go b c use ey have a talented workforce. We go because they're fri dl us. And we don't go -- we stay away from places that are ho o business or that are not supportive of business. ave choice -- free choice to do this wherefore we want to will tell you that if I were still back in that position where I eciding where to go, I wouldn't go to a county or a city or a state that is filled -- is fighting all these partisan wars. I don't have to. Why would I get myself embroiled in that? There are plenty of places to go and plenty of places that would try to attract my talent, my people's talent, and our money and our Page 216 July 13, 2021 plants and our equipment and our know-how. They're not going to go to a place that is hostile to that. That is not supported. And one of the reasons is that we don't know what they're going to do next. I lived through a time when we had what was called a unitary tax system, and California started this. We had a huge investment in California. In fact, you could lay the whole Si 'r Valley at our feet, because we started that. And as soon as passed unitary tax, which meant they could tax our wor Ze revenues, we said, we're out of here. We had a big complex over in Florida, over i Raton, a laboratory and a plant and a whole bunch of e o es, very high-level employees, and as soon as they pass d e unitary tax, we closed it down. We sold the buildings a eft. CHAIRMAN TAYLOR: Thank, Your time it up. Thank you. MR. NORD: I'm sorry. I a could I just make one more thing? I don't understand wh is supposed to do. I really don't understand what proble solved. The only thing I've heard here is masks. CHAIRMAN TAYLOR: Thank you very much. MR. NO Thank you. MR. MI R: Your next speaker -- we're going to go back. We think -- we pe we have sorted out online with Dr. Maloni. So we're goin ' them next, then come here in the room to Connie Tav use me, and then we will go to Jeff Zalasky online. aloni, are you with us? . MALONI: I am with you. Can you hear me? MR. MILLER: Yes, ma'am. You have three minutes. DR. MALONI: Okay. What I'm going to ask about is, what about hurricane season? It's supposed to be one of the worst hurricane seasons this year. Who's going to pay for the cleanup if Page 217 July 13, 2021 we don't have any federal money coming in? It reminds me a little of what's going on in Surfside, Florida, where my daughter lives. When the condo went down, they -- a lot of finger pointing, a lot of people responsible. I wonder if the County Commissioners are going to be responsible for the clean for the hurricane season when there's no federal money allott S. I would be very surprised if Penny Taylor supports this. S sually, is pretty astute in these matters and considers things an t s it over. We know no matter what the previous gentle id that it's going to cost your constituents, all of your constit a lot of money and lawsuits defending this ordinance. Thank you. CHAIRMAN TAYLOR: Thank yo . MR. MILLER: Your next speak nie Tavalaro. She will be followed online by Jeff Zak d then here in the room, Alexander Sulecki. MS. TAVALARO: Go moon, ladies and gentlemen. My name is Connie Tav 'm a resident of Collier County District 2, and I'm here to that you not approve this ordinance. After doing a littleobit of research, I found this ordinance is being introduce quite a few studies and counties around the country. I'v ke at the forms at these various counties, and this appears to e a ilerplate type of form wherein you just insert the name, the y, and which particular amendment or all that you want ss. "er County does have tangible issues to deal with: Clean wa education integrity, affordable housing, and essential workers. And after doing some more research, I find that this board has been addressing all of those issues, and I do appreciate your service. I have no doubt that the Sheriff will continue to protect the citizens of Collier County from lawlessness without this ordinance. Page 218 July 13, 2021 I'm sure Representative Daniel -- Donalds, I'm sorry, will continue to represent all of the concerns and issues from all of his constituents in Washington without this ordinance. This ordinance is ambiguous at best, and it is a recipe for litigation at worst. Again, I ask that you not approve this ordinance. And I wo d like to quote Nancy Reagan, "Just say no." Thank you. -bW' CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker online will beek alasky, and then here in the room, Alexander Sulecki, and thonline for Joni Zalasky. Mr. Zalasky, I see that you're unmuted. �u v minutes, sir. MR. ZALASKY: Thank you. MR. MILLER: Go ahead, sir MR. ZALASKY: Okay. hair, Collier County Commissioners, and those in atten a e this evening, my name is Jeff Zalasky. I am chair of t e ish Community Relations Council of the Jewish Fe of Greater Naples. More than 2,500 members are in our anization. Part of our mission is to cooperate with existing,Jewish and non-Jewish organizations and religious institut,ns and join with them in supporting and sustaining constructive ouses.. I'm h e toy to strongly and vigorously oppose this ordinance. Our op osi is not born out of political ideology. It is based upon the a ty and confusion this ordinance would cause and that the 0 on its face is not legally enforceable and, finally, that it w ie up county resources, including county tax dollars in countless, fruitless lawsuits. I'll address the uncertainty and confusion this ordinance would cause first. I'll start with Section 2 of the findings which appears right before Section 3, which states Collier County has the right to be Page 219 July 13, 2021 free from the commanding hand of the federal government and has the right to refuse to cooperate with federal government officials in response to unconstitutional federal government measures. Where is the authority for this? Who decides what is unconstitutional federal government measures? Who decides whether an action or act restricts, impedes, or impinges on an individual's constitution l*s rights? The answers to these questions are not spelled out is ordinance, no guidance is given as to what this part of ticr finance means. y Everyone who spoke about this specific issue stated the counties -- County Attorney's Office will hav e nsibility to interpret and enforce this ordinance, but the le l it alls and implications of the ordinance are clearly r nized by the County Attorney who spoke at the very begin is meeting, notwithstanding the lack of defini 'dance, and interpretation. Everyone agrees his office will ha e responsibility to interpret and enforce this ordinance. I urge you to listen to the legal opinion of every single lawyer that has spoken to today, many of whom -- some of whom are constitutionat#law experts. Every single one of them, other than the at ey who helped draft the ordinance, told you that the ordinance 's nc stitutional and will be overturned by the courts when it in vita will be challenged. There -- in addition to this, there's one section that nobody has t out out of all the speakers that have presented to you to that's Section 5, the penalty section. In addition -- with relyto that, in addition, and not notwithstanding what has already been asserted by many today, the interpretation and enforcement of this ordinance is not -- I repeat, not just left to the County Attorney's Office. Nobody has talked about Section 5, the penalties provision which states anyone within the jurisdiction of Collier County, Page 220 July 13, 2021 Florida, that is accused -- and I say that again, accused, not in violation but accused of being in violation of the ordinance may be sued in Circuit Court for injunctive -relief damages and attorney's fees. That is a remedy that is not administered by the County Attorney's Office. I am a retired litigation attorney in a law firm that handl significant numbers of civil rights litigation cases, so I'm v familiar with them. This provision of this ordinance gi yone the right to sue anyone for damages including attorne ' c es whether that claim has merit or not. Similar laws in civil r' ases generates lawsuits because attorney's fees can o ined even if the case has little or no merit. I'd like to switch gears to a constitut' al legal -- CHAIRMAN TAYLOR: I'm so sorry. Your time is up. I'm sorry. MR. MILLER: Your next a er here in the room is Alexandra Sulecki. She'll be ed online by Laraine Deutsche, and then here in the roo erly Miller. MS. SULECKI: Go evening, Commissioners. My name is Alexandra Sulecki. I've been a Collier County resident, voter, and taxpayer in Co . sion District 4 for 41 years, and I'm standing here in support of i or 'nance. You o e almost didn't have a Bill of Rights. Alexandra Hamilton i eralist No. 84 opposed a Bill of Rights. His core argu inst it was that the federal government would only be a where its power had been clearly enumerated in the Co tion and, therefore, a Bill of Rights was not necessary. Brutus, an anonymous anti -federalist author, writing in a series of 16 essays published in the New York Journal from October 1787 through April 1788, argued otherwise. This author is thought by most scholars to have been Robert Yates, a New York judge, delegate Page 221 July 13, 2021 to the Federal Convention. Brutus's rebuttal was, but rulers have the same propensities as other men. They are as likely to use the power with which they are vested for private purposes and to the injury and oppression of those over whom they are placed. It is, therefore, proper that bounds 11 be set to their authority. And further, those who have gove e been found in all ages to ever actively enlarge their power abridge the public liberty. O Brutus, therefore, rejected Hamilton's argument rgued that citizens needed a Bill of Rights. Given how far t eral government has exceeded its constitutionally at d powers today, despite the Bill of Rights, we should ap e is e Brutus's argument and that he won the debate over I think many of our founders felt s way: Rulers were not to be implicitly trusted. TheZW boundaries. Of the 3,144 counties in the States, 61.39 percent or 1,930 of them have enacted s rm of sanctuary resolution or ordinance, mostly for th Amendment, but many also include the full Bill of Rights. S arge number of Americans seem to believe we need th's redfirmed at the local level. And I'm no anding here by myself tonight. At the last meeting I bro g t 2 petitions from other Collier residents, and others bro ht itions for approximately 780 others. If you add that -- thos bers and here people who have spoken today, that's well 00 people speaking to you right here. with all due respect, we're not here in supplication begging fo ors. We are here as we the people, we who put you in your representative seats, advising you of what we expect you to do as our representatives, which is to sign this ordinance. And if I have to go to the federal government to protect my rights from the federal government, I'm going to be out of luck. Page 222 July 13, 2021 Thank you for your time. (Applause.) COMMISSIONER SAUNDERS: Just before you leave. COMMISSIONER McDANIEL: Alex. MR. MILLER: Ma'am. Z**tl COMMISSIONER SAUNDERS: You've got 700 and s odd petitions and you had another 300. What does the peti bsa just for the record? 0 MS. SULECKI: The petition says: Whereas, ill of Rights are enshrined and secured by both the U.S. lorida State Constitutions, the law of the land, in parenthe i i possible for a law, rulemaking, or legislation, federal, state, 1 ca , in parentheses, which violates the Constitution to be vali& lawful. Whereby, these citizens of Collie 11 y demand that this body understands these constraints to i li t any such changes, therefore to codify this understa d we the -- excuse me -- we the undersigned petition to protec e . ghts of citizens of Collier County Florida's Bill of Rights v' ill of Rights Sanctuary County Ordinance. COMMISSIONED. SAUNDERS: Thank you. MR. MILL Your next speaker online is going to be Laraine Deutsche. S e 1 b ollowed here in the room by Kimberly Miller, and then b ck ine for Larry Israelite. Ms. D he, I see you're there. You have three minutes. TSCHE: Yes, hi. I'm from Naples, Commissioners. o Collier County accept FEMA and hurricane aid after the di t s? Does it have FAA and Naples Airport? Do federal dollars for infrastructure and other needs come to Collier County? Why do you accept federal money and want to reject our government? I am deeply concerned about the above -proposed ordinance. It Page 223 July 13, 2021 is purported to be a nonpolitical Bill of Rights, but clearly this is just not true. It's 100 percent right-wing agenda, which does not represent all the people of Collier County or the state of Florida. It appears to be a way for violating federal laws because you just don't like them with the excuse that you feel they are unconstitutional'. Does this now give me the right to drive my cars as fast as ] cAII without getting a ticket? To take just one of the issues, for example, gun rig what are my rights or the rights of 60 percent of the USA to li fife without the threat being shot by a gun, without the threat o murdered? Why are our rights not important? Why doe n ave more of a right to own a gun, especially automatic rifle t a I have a right to live in a country without the threat of bei filled by a gun? Where are my rights being heard and acted.up ill my rights be represented in your Bill of RightsA, Ii ught we have a Supreme Court and federal courts to handle ers that are considered to be unconstitutional. It sounds t 'ke Collier County wants to secede from the union. Please note that I am 0 percent opposed to this insane proposal. Please Dut gvend to this paranoia and insanity now. Thank you. MR. MI R:, Your next speaker here in the room is Kimberly Mill She'll be followed online by Larry Israelite -- I hope I'm say' that right -- and then back here in the room by Sarah Ridg filler. S. MILLER: Good evening. I first want to say 2020 was -- to me, if I can say one word to define it would be disruption. And in order to learn, you have to have change. And I look at this ordinance as it's change. And I feel -- I've been a Collier County resident for 23 years. I'm confident Page 224 July 13, 2021 in our law. I'm confident in our police department. I'm confident in all of you all to make this a safe place to live in. So I -- you know, that's all I could really speak to that because I'm going to go towards the science, since that's my expertise. I'm pro science. I'm pro safety, a doctor of pharmacy with consultant license, member of the American Frontline Doctor Pharmacy Group, a mother of two, and a pharmacist that lil data to be in before I make a conclusion. O All data is not in on these vaccines until 2022, f , and 2023 for another, still ahead of normal regulation sched wever, our government, employers, airlines, and schools er entities have the right to mandate the use of an experimenta r duct with limited safety data and still in an ongoing critical Aal ow with talk of going door to door with vaccinations? That ero sense, especially when there are science -based effe atments available, including governmental approved monoclon tibodies for our elderly and multifaceted highly targeted i g treatment of early ambulatory high -risk COVID-19 in i e hydroxychloroquine and Ivermectin. Let's switch t at dgor- o-door regimen to Vitamin D3, zinc, acetylcysteine, cetin, zinc, melatonin, elderberry. In my opinion, the v c in , when used to diagnose, prevent, or treat COVID-1 in 'on, do not outweigh the risks of these experimental agents. T particularly so for our children for whom COVID-19 pres s risk of fatality statistically. Use movement, proper njellN edication if necessary, supplements when necessary, be ctive in our community. We now know that COVID-19 fatality rate is far below that originally anticipated 0.2 percent globally and 0.3 percent for persons under the age of 70. According to the CDC, 95 percent of COVID-19 deaths involves at least four additional comorbidities. Page 225 July 13, 2021 Again, reiterating preventative care and the importance of the MD Hippocratic oath, I will prevent disease whenever I can, for prevention is the preferrable cure. So why is -- why are we talking vaccines a year and a half later that there is no public -- when there is no public health emergenc vaccines that have failed to meet the conditions of authorizati i mandated by the U.S. Code 360? Healthcare professionals administering the vaccines and the vaccine subjects alik ®being deprived of basic information regarding the nature a itations of the emergency youth authorizations, the known ri the vaccines and the extent to which are unknown, availab t atrve products and their risks and benefits and right to refuse e accines. Not only is this information not bein resented, it is being actively suppressed. In my opinion t c es an ethical and compliance line called the comm e 5 Code of Federal Regulations, Part 46 of the Depart e of Health and Human Services Rule, the Departmen eteran Affairs, 38 Code of Federal Regulations, and 16 othe 1 departments and agency codes. Just ask our men and wo of service if they have ever had informed consent beforp any vaccination or medication they took, or where they com ed to just do it? Compelled to just do it with no preemptive t r g, netic markers ran, inflammation markers ran, coagulatio la n, chest scans done. Absolutely unethical. It sho main our informed choice to decide whether or not to take . e after being fully examined, labs drawn, health a dand informed about the risks and benefits for our individual se his should be offered to every human being, every American. Vaccine mandate door to door will only lead to undocumented adverse events, in my opinion, and long -hauler syndrome. It is not okay to isolate humans. It is not okay to have children away from their grandparents. It is not okay to be omitted from the Page 226 July 13, 2021 hospital when a loved one is dying. It is not okay to be away from your own children. I love Florida and I love Collier County. Let's make this the best place to live. Let's be the leader of a positive change and vote yes to this Bill of Rights Ordinance. Thank you very much for your time. (Applause.) Aa� MR. MILLER: Your next speaker is Larry Iseaeliine. He'll be followed by Sarah Ridgway here in the rooen H. Mogil online. Let's see. Mr. Israelite, I hope I'm sayin aou have three minutes, sir. MR. ISREALITE: You've done an el ent job with my name, thank you. I've been on the phone -- I've ea this meeting now since 9:00 because I didn't realize that t art of the meeting didn't start until 2:00. I've listened to fo rs or more of discussion about this issue. n I've changed what I vs. going to say about six times, so I'll just say this: I'm against tl* ordinance. It doesn't make any sense legally accordin the lawyers who've spoken, but it's also a smokescreen r of issues. This ' no .-- it's not about us becoming like Cuba. It's ludicrous t pare what's happening here to what's happening in Cub vant. s of about someone trying to take away your guns, all right, whicN, honestly, we're not really trying to do. So that's another smokescreen. What it is about is a blue police -- a blue piece of cloth that was intended to keep you safe and to keep the people around you safe. And I'm pretty certain that the more than 600,000 people who died in Page 227 July 13, 2021 this country from COVID would have appreciated masks being worn more by the people around them. The rate of COVID infection in Collier County is almost 300 percent more than it was one month ago, so it's still an issue. But people now, rather than wear masks, they want to litigate an election that's over, they want to politicize an issue that was , and that's what led to this ordinance being introduced. An ' not something that should be passed. It's not something w 1 e , and it's going to create untold other problems that will be co-- me consuming, and pretty depressing if we have to de all of them. Thank you very much. MR. MILLER: Your next speaker here i t e oom is Sarah Ridgway. She'll be followed online by o il, and then back here in the room with Diane C. MS. RIDGWAY: Good ev ommissioners. I am Sarah Ridgway. I have lived in Collier o ty since 1974. I'm currently in Commissioner Solis' distric I have an oppositio proposed ordinance to proclaim Collier County as sanctua or the Bill of Rights. I don't even know what it means to b frevfrom the commanding hand of the federal government. t kind of federal government measures are being addressed he A s of Congress? Executive orders? Things that are just re om dations from a federal agency? And who in Collier Co gets to decide that something is unconstitutional? 4' Jemanates from all the combustion over masks and sc church closings and now vaccines. Personally, I cannot un and how anyone can think that public health is not a concern of the federal government or that recommendations from the CDC or NIH, which are not even laws, are an unacceptable infringement of human rights in a country where over 600,000 people have died of COVID-19. Page 228 July 13, 2021 Those recommendations were taken up in very different ways in different states, and there has been litigation all the way up to the Supreme Court. That is completely fine. But this proposed ordinance seems to suggest that there will be some sort of preemptive determination of constitutionality on the local level and that the county could selectively refuse to enforce anything, whether recommendation or an actual enacted law, that somebody hem _ decided was a violation of their individual rights. - 0 That's dangerous at a time when people are quic roclaim anything unconstitutional when it comes from the al party they oppose. My family has been running a restaurant irein Collier County in Naples for almost 50 years. It will be years this fall. Managing their business through CQV all of the conflicting recommendations, whether theyZNral,state, or local, has been an absolute minefield for them. ey managed to reopen after the mandatory closing, they h pt their staff employed, and they have kept their patrons s They had -- have ha , ; solutely zero objection to wearing masks for -- from the oyvner on down to staff and to request customers to do same. If this p s s a COVID or the next pandemic strike again, are they goin to investigation and potentially arrest for simply trying to st ve because someone thinks their mask request is unco ild nal? They will incur legal fees for that, never mind the c what you -all will have to pay as well. "Ifterels so many things that this county needs to address in terms of water, infrastructure, everything, and you -all are doing brilliantly at that, and I wish you would stick to that. And I really hope you will reject this. Thank you. CHAIRMAN TAYLOR: Thank you. Page 229 July 13, 2021 MR. MILLER: Your next speaker online is H. Mogil, and he'll be followed in the room by Diane C., and then back online to Pat Roberts. Let's see. H. Mogil -- oh, you are unmuted. You have three minutes. MR. MOGIL: Good evening. My name is H. Michael i e Mogil, and my wife and I have been Collier residents for so14 16 years. And today I'd like to talk briefly about my sup p the Collier County Bill of Rights Ordinance. I'm going to sound a bit like a boy scout, but st be prepared. Washington, D.C. -- and I use that inclusively -- seems intent on getting into all a e is of our existence far beyond what that are legally entitled t If there ever was a time to reaffirm that this country and our.co ere founded because people wanted to be free, now is t t I believe that it is imperativ we in Collier County set the tone statewide and nationwid shing for our local rights and that we serve as a brilliant be others. This ordinance is no out creating a wild, wild west but rather trying to stop the extreme leftist, or maybe at a later time extreme rightist, federal ernment from becoming a dictatorship and crushing all o r r hts. Will the federal -- will the law require judicial re lewN d tweaking? Absolutely. But to wait until there is a perfect la - and I don't believe there is such a thing -- will ensure that 1 will never be able to stop an out -of -control federal �\ r. Israel [sic] just noted that this isn't about becoming like Cuba. I strongly disagree. Just look at how Venezuela transformed from a wealthy and free country to the exact opposite in 10 years following the same path we are on right now. I also see Washington, D.C., as being derelict in its duties while Page 230 July 13, 2021 it takes on duties it shouldn't have, but that's another matter. Once this ordinance is approved -- and I hope that it will be -- I would urge the Board of Collier County Commissioners to include a link to the Bill of Rights at the county website and even make a push for showcasing the Constitution and the Bill of Rights across all segments of county government. You all know that I'm big in education -- I'm sorry. I thou learning, and that learning should and must extend to sc For example, how about a Bill of Rights day? One of the early speakers talked about fear a g the gun lobby, yet others, including those in power in s on at this time, have continually used fear to attack U.S. iti e s: COVID, language, racism, conspiracies, voter sup ssi n. Should I go on? So I thank you for putting this pr orward for discussion and listening as part of true citize&th . e are exercising this right here as has been pointed out manes today. I hope this ordinance pas a resounding 5-0 majority to send a strong message to dy that the Bill of Rights matters. Thank you for public'11kpg this meeting and allowing all of us to speak. And in clod, it's an historic moment. I didn't use my full three minutes. CHAIRMAN TAYLOR: Thank you. Yes, you did. MR. L: Okay. AN TAYLOR: Just so you know, the bell went off. MILLER: Your next speaker in the room is Diane C. Sh 1 be followed online by -- let's see -- Patricia Howard, and then here in the room by Anthony Rausch. MS. C: Can I combine my time and her time? CHAIRMAN TAYLOR: Yes. What's her name? MS. SOUZA: Mayra Souza. Page 231 July 13, 2021 MR. MILLER: Yes. We'll do it. So you will have six minutes. MS. C: Okay, perfect. Hello. I am not a lawyer. I'm actually, like, trembling. I have anxiety. I just live here. I'm from Naples. Actually, my who family -- I don't know where we're, like, coming up with all t other constitutions that we're comparing ours to. I just wa stick to the United States Constitution. 0 And I would like to urge you all to vote no. As .zen, I'm kind of confused. Like, we already have a Bill of s and back three generations when my grandparents wer o ' i g here, they also had a Bill of Rights. So, again, I don't understand why w ed a sanctuary. And then I will give the rest of the time to y MS. SOUZA: My name's Iuza. I'm a resident of Collier County District 3. The people that came be e already made many of these points about constitution ' I want to stress how precarious the situation really is, how pr ious it could get. Today a representative from the Sheriffs Office said that the State's Attorney ice will have the responsibility, but apparently the State's -- e tab's Attorney Office doesn't even know they're about to have t responsibility. So, like, that should stop this clown sho'�t now. that would be -- so determining constitutionality s e so trivial, and according to the Constitution, it's not. Y c n bring an unconstitutional law to federal court now. You don't need an ordinance to do that. This ordinance is divisive because the principle that this ordinance is trying to evoke is nullification, a theory that John C. Calhoun used to secede from the Union. Is that the goal here? Is Page 232 July 13, 2021 Collier County trying to secede from the Union? Because if that's true, I hope that people are ready to give up their Social Security checks, their Medicare. All of that is federal law. So all of that is going to go -- your PPP loans, if people such -- if the federal government is so bad, why is -- why did Oakes Farms take a $3 million PPP loan? That's -- that's really interesting to me. thought -- I thought that that was socialism. Nullification has been repeatedly rejected by the c s and this ordinance -- if an ordinance goes into effect, it woul nd under the Supremacy Clause of the Constitution. Under lause, a Supreme Court has decided that federal law i r o state law, and the federal judiciary is the final power to i e ret the Constitution. The power to make decisi about constitutionality of federal law lies solely with the fe& s, not the states, and the states do not have the power t i, federal law. Just because a county has pas e ordinances that aren't properly written in the past does not m t they should right now, and that's a ridiculous argum t ake. I urge you to vote no inst this ordinance to avoid a constitutional crisi m gollier County. I love my country. I'm proud to be an rican. I don't want to -- I want to follow the law. I don't want t s ce from the Union. That's about as un-American as you ca et. e fought an entire war about it. The p who brought this ordinance say that CDC COVID guid ere unconstitutional. They bring up the founders as if t dn't agree with such laws, but George Washington qu ined his men during a smallpox outbreak in Boston, okay. So, obviously, maybe people need to be reacquainted with history before they start trying to figure out what the founders really meant. If the opposition wants to found -- again, if the opposition wants to flout federal law, I hope that they're ready to give up federal Page 233 July 13, 2021 protections, too. I urge you to vote no. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker online is Phyllis George and will be followed here in the room by Anthony Rausch, and then back online, Richard Zelinka. Phyllis George, Ms. George, you're being prompted to ;ee yourself, if you'll do so. You have three minutes, ma'am. begin. n MS. GEORGE: My name is Phyllis George. in Sterling Oaks in the North Naples area. I'm speaking in o ' ion to the Bill of Rights Sanctuary County measure propose r 11'er County. The proposed measure appears to support i ea that anybody can flout any federal law anytime they de e they don't like it. This is not a stance a local government sto couraging. This is the United States, not ' d9 al autonomous realms that could be in opposition to adjacent dictions. This sounds like the prequel to secession. Others have already, spoa about the local issues of transportation, environme ' safety, especially water resources, lack of affordable housing, deve opmental planning that threatens our quality of life a ur tax structure, and wildlife protections. These are urgently i e f our and your attention. The 'nd narchy this proposal seems to endorse is frightening ntemplate. It's hard to believe our elected officials woul er such a measure. Thank you. MILLER: Your next speaker is Anthony Rausch. I do no e Anthony coming forward. Let's go through to the next one. Darlene Izzo? All right. Kathy Mayo? MS. MAYO: Yeah. MR. MILLER: And we'll follow Kathy online with Richard Zelinka, and then here in the room, Diane Preston Moore. Page 234 July 13, 2021 Ms. Mayo, you have three minutes. MS. MAYO: Hi. My name is Kathy Mayo. I, too, have gathered about 1,000 signatures in support of this Bill of Rights. And in speaking with many, many -- at least these thousand people in Collier County, they want this to be passed. d I've said this before, I'm a proud mom of a U.S. Army sergea t� stationed overseas who, along with Commissioner LoCastr d the other 1 percent elite U.S. citizens are risking their lives Ong for our freedom. These freedoms were God given, and ' o guaranteed through our Constitution and Bill of R' hich is why we are here. The Bill of Rights and the Constitution is posed to provide common defense, promote the general we re, and secure the blessings of liberty. Our current fe& ment is doing everything in their power to preve t ving these freedoms and liberties and taking them away. e verreach is becoming overwhelming, especially free e h and censorship, which is guaranteed in our First ent. George Orwell's 198 coming true right before our very eyes. Big Brother is wat hingwyou; Google searches, knowing everyone's persuasions now Tors responses to searches to change conservative views. The a -d ic, deliberately brought here by China, halted many of o r ri , and they are being taken away every single day. As r sly stated, the federal government is going to begin door to try to convince us to take an unproven, experimental, g firing, dangerous shot that's not FDA approved. And more pe 1 are dying of the shot than COVID. Look at the VAER, the VA Rs website. You'll see the statistics. But the propaganda and disinformation spread by the fake news media has convinced and brainwashed so many people to thinking that it's safe. They've infiltrated every institution, including the Page 235 July 13, 2021 media, our primary and high institutions, Wall Street, big core, big tech, and now our military. Someone asked earlier, why now? Why are we doing this now? Well, this is why now we need you to help protect us. The Second Amendment -- we have the right to bear arms. The criminals will always have guns no matter what. We have a right to protec 4 ourselves. California, New Jersey, and so many sanctuary citi m9d states protect illegal aliens, but we can't be a sanctuary coin r our rights to protect us?� Well, I've got 30 seconds left, so I'm just in o go to my conclusion. So I just don't understand why w e en needed to do this, but this is where you are at this poin,,JW can't trust our CDC, NIA, DOJ, CIA, FBI, and even the §u ourt, especially when they try to pack it. �, The conservatives -- this is n se about the conservatives causing the January 6th insurr . We know that that was planned by BLM, Antifa of of top Democrats. Our country is in deep, deep trouble. V volution is coming. I beg you to pass this to make Naples_ a bacon of light just like our great governor made Florida th st state in the country. Thank y (Appl,jus MR. ER: Your next speaker online is Richard Zelinka. He'll wed by Diane Preston Moore, and then online by Sharon H ing. r. Zelinka, I see you're there. You have three minutes, sir. MR. ZELINKA: Thank you. I've been an attorney licensed to practice in multiple jurisdictions in federal courts for over 40 years. Few things in constitutional law are any clearer than the fact that any effort by state Page 236 July 13, 2021 or local authorities to nullify federal laws other than through recognized legal process are grossly unconstitutional, yet that is precisely what this ordinance attempts to do. It is a blatantly unlawful attempt to vest in county officials and the State Attorney and Sheriff the power granted exclusively to the federal courts a ultimately, to the Supreme Court to interpret the U.S. Constit tr The citizens of Collier County did not elect their county commissioners or the Sheriff to interpret the Constitutio ®the United States or to decide, even preliminarily, wheth deral law, rule, or regulation restricts, impedes, or impinges n individual's constitutional rights. If a commissioner or the Sheriff wants to cise this power and make those decisions, then he or she ds to secure a position on the federal bench. If any perso%i County wants to challenge the constitutionality of law and that person has standing, then that person must se dress through the courts through the normal process. �s our system. Not only would this ce turn Collier into a place where the county sheriff decides aws are to be enforced based on his personal views of t eir�onstitutionality, it would subject officials and employees of th unty to prosecution for cooperating with federal officials in t e fo ement of any federal civil rights, drug trafficking cu s, or environmental law that the Sheriff is persuaded sonably restricts an individual's constitutional rights. Pers whom? A golf buddy? A complainant? Someone h o at the gun range? Something he read on Facebook? ows? And there's no answer. This is the very antithesis of the rule of law which is the cornerstone of our democracy and our federal republic. It is right out of a banana republic. And it's fairly ironic to hear people talking about communism Page 237 July 13, 2021 when they want to vest in a law enforcement official a decision reserved to the highest courts in the land. The proponents of this ordinance are unhappy that their idiosyncratic views on federalism and the Constitution are not shared by a majority of Americans or legislators or even by one of the t conservative of Supreme Courts. They're frustrated with the democratic process for seeking change at the federal level. ey are clearly unhappy with the outcome of the election, whic Qns to be a prime motivation for many speakers who have mad ecret of the fact that for them this ordinance is really all ab warting Democrats and efforts to end the pandemic. CHAIRMAN TAYLOR: Thank you -- t a you very much, sir. You're out of time. Thank you. MR. MILLER: Your next speakj�,�elby n the room is Diane Preston Moore. She'll be follow7od Sharon Harris -Ewing and then back here in the room b anie Henderson. MS. PRESTON MOOR vening, Commissioners. I'm Diane Preston Moor m the vice president of the League of Women Voters of Coll, ounty. The League believjas in the Constitution and in the individual liberties establis in it and in the Bill of Rights. These documents are the bedro f o democracy. If the it Rights Sanctuary Ordinance simply affirmed the Bill of Rig e wouldn't be here today. But, instead, the ordi stricts the Constitution, and the League can't support it. metre concerned about the ordinance's effect on local officials. It res an official in executing her duties to disregard the laws of the United States if she thinks those laws are unconstitutional, yet it doesn't say who decides unconstitutionality, nor does it provide the procedures for making that decision. And if that official follows federal law, she risks financial penalties and even jail time. Page 238 July 13, 2021 This ordinance will prevent good people from running for local office in Collier County. What person would seek a public office if they risk being fined or imprisoned for following the valid laws of the United States? The ordinance suggests that local officials make the decisiotr whether the Bill of Rights is being infringed. That is not an ' for local officials to decide. Our forefathers, after much debat 4 ttled that the Supreme Court is the arbitrator of the Constituti Oa d that only the federal courts have the power to interpret its isions. If local governments were free to decide what acts w unconstitutional, the result would be absurd. e uld be hundreds of different interpretations of the Co ti ution. We are concerned that it requires ou unty to ignore federal law. Refusing to follow federal lavy i nullification. The Supreme Court has repeatedly sai ates cannot interpret the Constitution and they cannot nulli deral law. Ignoring federal law will sow chaos and unce t , and it will undermine our democracy. The League of Wom -Voters supports good governance, and we care deeply about t4 Constitution. We believe that you, as County Commi �ers, ran for office because you care about good governance a heonstitution. This ordinance will have unintende co uences that undermine the Constitution, and that is why we re ully ask that you vote no on the Bill of Rights Sancta dinance. you very much. AVIAN TAYLOR: Thank you. (Applause.) MR. MILLER: Your next speaker online is Sharon Harris Ewing. She'll be followed by Stephanie Henderson, and then Alfred Gal. Page 239 July 13, 2021 Ms. Ewing, I see you're there. You have three minutes, ma'am. MS. HARRIS EWING: Thank you. My name is Sharon Harris Ewing, and I am a resident of Collier County for the past five years. I am urging you as strongly as I can to defeat and end all consideration of the proposed ordinance to make Collier Cou �i Bill of Rights Sanctuary County. Frankly, that such an or ce s even on the agenda is a major embarrassment to this co Qity. I believe it represents the strongly held opinions of a s ut loud minority of people among us. The assumption underlying this proposal ' tn, h re are governance problems that cannot be fixed thro the constitutions and systems in place. That is simply falsFS If there are legitimate cases of federal overreach, a fact I vYo te, there are legal ways to challenge them through th*,d%i system. To allow an individual to violate federal law Volie said individual or Collier County officials disagree wit w and thereby deem it unconstitutional is a sig ' ep on the path to anarchy. It is the court system t decides upon constitutionality of laws, not individuals, no Col�i'er County, and not the (indiscernible). People wh rport to be strict interpreters of the Constitution are actually r 'e tin the safeguards that are in place, like the separation f p ers and the system of checks and balances in order to give the es the power to nullify federal legislation with which they ge of this ordinance would suggest to the rest of the co t that Collier County is run by extremists who do not trust the federal government or the systems in place to challenge federal laws. They want to take the law into their own hands. I am confident of that this approach will be subjected to legal challenges immediately at significant cost to county taxpayers. Page 240 July 13, 2021 More importantly, it will send a message that Collier County is not a thoughtful, law-abiding, sophisticated community that welcomes a diversity of people and perspectives. It would say that we are not the kind of community that actually welcomes the diverse tourists we depend upon. To be blunt, our reputation will be tarnished, an at will affect revenue. Please listen to the majority of thoughtful people in thi� community who oppose this proposal and defeat it. Th 10ou for your time. MR. MILLER: Madam Chair, Ms. Harris E as your last registered online speaker. So we have 14 slip e ere in the room. Next up is Stephanie Henderson. I don't see h r. Alfred Gal, I think, is this gentlema re, and he'll be followed by -- I'm sorry for this -- Barbara -- r 't read this. MS. GOLDENZIEL: Golde%z?l. MR. MILLER: No. Anyhow, we'll sort that out. Mr. Gal, you have t MR. GAL: Thank with a C, it looks like. My name is Al Gal. I've lived in Collier County for 23 years: My two kids were born here, and my youngest is goi FGCU in the fall. CHAIR YLOR: Congratulations. MR. QlAL`,Thank you. The county's been run wonderfully up until this ti 1`111g you to vote against the passage of this ordinance, and s y I'd like to speak up for the staff and employees of Collier Co , as they are the ones that will bear the burden of this ordinance if passed. And I'd like to go off script. My father fought in the Hungary Revolution in 1956, and there's a statute out front celebrating that day. He shot two Solia [sic] officers. He was shot. He made his Page 241 July 13, 2021 way to Austria, and then made his way to this country. So I personally and fully understand that people bleed and fight to come to this country and to live in a country where we have the Bill of Rights and a Constitution. But the problem is that this ordinance that you're being aske to pass is not symbolic. It has real world implications for real `_ people. Section 4 of the ordinance provides that no agent department, employee, or official of Collier County, while acting in their official capacity, shall knowingly participate in wo0orcement of an unlawful act or use county funds in the enforce f that unlawful act; therefore, this ordinance doesn't o e. It doesn't apply to a private citizen. It doesn't apply to a r vate business. It doesn't apply to federal employees who arAenforcing federal laws. It doesn't apply to state employees v h e orcing state or federal laws. The only class of persons tha ordinance subjects its burdens to is you, your staff, emploe,lier County deputies, in my opinion. And you're no and our deputies are not the enemy and your staff is ny and Collier County employees are not the enemy. Section 5 o e act then allows anyone within the jurisdiction of this county to a unty employee who is accused of being in violation th dinance. People already have a right to sue an official if t eel their constitutional rights are being violated. The kick this ordinance attempts to take away the qualified iromfti defense that is afforded all other employees. onically, the George Floyd Justice Policy Act was just passed in ashington, D.C., which attempts also to strip police officers of their qualified immunity, and Representative Donalds voted against this bill. This ordinance is not well thought out. There's a program in Page 242 July 13, 2021 Collier County 287(g) program. CHAIRMAN TAYLOR: Looks like I'm out of time, so... You can finish. MR. GAL: Okay. The Sheriff s Office has the right to detain legal aliens as well as legal immigrants who have criminal records. Illegal and legal immigrants are afforded the protections in the Constitution's Bill of Rights. It's not just the citizens. I'm not saying the suit would be successful, but you're wing an individual in the county to file a lawsuit, claim that t constitutional rights have been impinged, sue a couni1r loyee, possibly sue a county deputy, and in doing so hav that employee's right to claim qualified immunity i ic] as having to defend himself in court. Thank you for your time. CHAIRMAN TAYLOR: MR. MILLER: All right, Lane. Is there a Barbara from )ara from Sea Grove e here? Okay. (No response.) CHAIRMAN TAY e'll go to Angela Cisneros. She will be followed by Gene ldenziel, and then Bruce Beardsley. MS. CISNEROS: Good afternoon, Madam Chair, Commissioners. hank you for your time. For the c rd, y name is Angela Cisneros. I was born and raised in Ngple - I'm a young professional in the legal field, and I'm a property ;:,�ou to table this Bill of Rights Sanctuary Ordinance and e it as a resolution instead. There is a difference between an'Wnance and a resolution. An ordinance is enforceable. A resolution is a declaration. If you all want to reaffirm our commitment to the Constitution and the Bill of Rights, this ought to be presented and voted on as a resolution. I know that you all know the difference between an ordinance Page 243 July 13, 2021 and a resolution, and so I question why the Sheriff, the congressman for District 19, in coordination with right-wing activists, why are they pushing for this ordinance? Why an ordinance? Why not a resolution? Who will deem what is constitutional and what is not constitutional? Who will be protected, and who will not be protected? Commissioner LoCastro stated in a response e-mail to t at similar ordinances have been passed all over. What of c unties and other states pass or do not pass is not our busines his is Collier County, Florida. I do know that the Second Amendment s t e have been passed in neighboring counties in the state of or da as resolutions, not ordinances. Why is that? Voting y n t is ordinance is a huge mistake that will open up the coo ly litigation when someone claims someone else is ing on their rights when, in fact, the opposite may be true. i yes on this ordinance will create more chaos in an alrea otic environment where some still believe the presidential e i as stolen. Are we going to be sanctuary for extremists n ? Please vote no. T.Jia you kindly for considering my concerns. (Applause. MR. MI R: Your next speaker is Gene Goldenziel. He's been cede thr dditional minutes from Barbara Goldenziel who I believe is - , I see here hand, for six minutes, and Mr. Goldenziel will ed by Bruce Beardsley and then Cynthia Cromwell. rtGoldenziel. R. GOLDENZIEL: Commissioners, it's a pleasure to be here. I'm very concerned about this ordinance. I'm very concerned for you as commissioners. Why would anyone want to pass an ordinance that your solicitor tells you you will be individually liable and will have unintended consequences? Page 244 July 13, 2021 I've practiced law for 40 years. I've never seen people in your position vote for anything that their solicitor told them is going to have those type of consequences on each and every you [sic], the taxpayers, the county employees. The problem I have with this ordinance from a legal point o view are two things. I'm not going to lecture you on the Sup Clause. I'll do it in a sentence. If you pass an ordinance inconsistent with federal laws, that is unconstitutional a 's against the Supremacy Clause of the U.S. Constitution. Sec , if you pass a vague ordinance where people don't know r the law is being obeyed or disobeyed, that's a violation t Amendment. So, per se, you're passing an unconstitutional 1 What bothers me is this law passed i arious places over the country is not a law that's homegro-yn 'da. After Sandy Hook, the gun industry was horrif e public's outrage because 20 children were murdered. Th ded organizations, and they gave them catchy names such n Owners of America, Constitutional Sheriffs a Officers Association, and they started again the hysteria someone wants to take your guns away. Then when it of t9► Ohio -- this started in Texas -- Ohio made the ordinance br er that you could bring this type of action against any violation he ill of Rights. I beli ve i ur Constitution. I believe in your oath and the Sheriffs oa follow the Constitution of the United States. is ordinance, although very well believed in, very well s by some of your constituents, would cause nothing but an and discontent. I listened to this one older gentleman who stated as running a big business. You pick where you want to do business. You don't necessarily pick this gem of a community if you have an environment which is hostile to the simple rule of law. Page 245 July 13, 2021 Now, you do not have one legal opinion telling you to vote because this law's constitutional. I give you this proposal: Don't vote on it today. Table it. Give it to -- you have excellent law schools in Florida, the University of Florida or the University of Miami. I challenge you, get one tenured active constitutional la professor to tell you this ordinance is not void for vagueness, N1 violation of those two sections of the Constitution which y�e sworn to defend. O I ask you to do the right thing. Table it or vote •Thank you for your time. (Applause.) MR. MILLER: Your next speaker is B e eardsley. Bruce Beardsley. (No response.) MR. MILLER: Cynthia Cr V, . Cynthia Cromwell? (No response.) MR. MILLER: Mick Mr. Moore will be followed by Alvina Quatano -- Quatr use me. MR. MOORE: Goo vening. My name is Mick Moore, and I'm a local attorney and.4business owner. I've grown up in Collier County, went to les Park, Pine Ridge, Barron Collier, and now I'm working rai ' g my family in Collier County. And hil ertainly support the Constitution and the Bill of Rights, I'm sed to the adoption of this ordinance. Don't be fool J inking that the adoption of this ordinance would be s r the Constitution, because it is not. It's actually the op ' e because it allows county officials to nullify and ignore federal laws if they deem this be unconstitutional. As many others have said, this is totally contrary to the Supremacy Clause of the U.S. Constitution which provides that the Supreme Court has the final say on whether something is Page 246 July 13, 2021 constitutional or not. On multiple occasions throughout our country's history, states have attempted similar nullification procedures, trying to nullify federal laws they did not like by declaring them unconstitutional or refusing to follow them. The Supreme Court has repeatedly he that states cannot do this under the U.S. Constitution. This i first time this has been tried. This is simply another attem allow nullification of federal law, and a vote for it is a vote a i the government of the United States. Instead, it's a vote government of a divided states of America where 94V state or in this case every county gets to say what is con ' ut al and potentially ignore federal law and do what it nt . As Daniel Webster, the great senator d orator, once said in a debate on this very issue on the flool o o ess, quote, could anything have been more prepost n to make a government for the whole union and yet leave its rs subject not to one interpretation but to 13 or 24 etations, end quote. This ordinance is ev preposterous because it subjects it to many, many more inte etations by counties. If Collier County believes a law is unconstitutional, it already has a remedy, a ny others have said. It can pursue a lawsuit to have that law lar unconstitutional. That's the way our governme t w esigned. If we don't like federal laws as citizens, then we sh rge our elected representatives to change them. And ' o ected representatives don't like them, they should work tq^ them, not seek nullification of those laws. That's how you SUNPA the whole Constitution. That's how you support the United States of America. Please vote no. CHAIRMAN TAYLOR: Thank you. (Applause.) MR. MILLER: Your next speaker is Alvina Quatrano. Page 247 July 13, 2021 MS. QUATRANO: Hello. MR. MILLER: And she'll be followed by Jim Calvin, and then Alison Wescott. CHAIRMAN TAYLOR: She's not here. MS. QUATRANO: Thank you for allowing me to speak opinion tonight. And I'm really sorry that Mr. Beardsley co have been here. I was sitting next to him all day, and he's torl g employee of the United States government international I he was quite fascinating. I was looking forward to hOngmments. I was Florida born, and my father was a tenant. I have lived in Naples for 13 years and worked years. I'm here standing to represent those whos proposition, and that's simply all I want t is please vote no. This proposition does not help me tQ f Thank you. CHAIRMAN TAYLOR: T MR. MILLER: Your next a er is Jim Kalvin. He'll be followed by Alison Wescott a n Neville Williams. CHAIRMAN TAY, r. Miller, how many do we have left after that? MR. MILLE T,�e three names I just listed are the final three registered spea I have. CHAI AYLOR: Okay. And we're going to hear from them. A if t, we are going to take a break after the last speakers just to ive ourt reporter her needed break. LER: Yes, ma'am. Mr. Kalvin. KALVIN: Thank you very much. ' e revised my statement a half a dozen times over the last hour because I don't want to repeat anything anybody else has said. But I think everybody in the room can agree on this; that the federal government's broken. It is messed up as a football bat, and I don't see anybody making any moves to fix it. Page 248 July 13, 2021 I've been in Naples since 1964. I've seen the federal government take away freedoms that a lot of you don't even know about; that it's a third-degree misdemeanor to go camping anywhere but the KOA, and that's an overstatement. But they've shut down our recreational areas, the federal government has. And any o businesses in Florida right now, any businesses in the country, tr re successful are not successful because of the government; the successful in spite of the government. The government overreach in permitting, govee overreach in regulation, government overreach in licensing. picking winners and losers. Everybody knows that. abatable. Nobody here is trying to ask anybody to a ws. Nobody is flouting federal law. The Co 'tut'on is federal law. The Bill of Rights is federal law. Try' , t through the rhetoric is crazy. But in Washington, D. 0'y is in control. Does anybody know who's writing the s on the teleprompter that the president's reading? He's no g them. And when that part to Collier County, when that party comes to Florida, our onl ress is with our local representatives, and that's you guys okay. I've been p to lawsuits where they say the remedy is to sue the federal g e m t. Do you got $10 million? Do you have five years to w it f ' ? And if you win, guess what, they're going to appeal it. got another $5 million and another five years? That' ou sue the federal government. game is set up, and it's rigged in favor of heavy regulation. Bo des, Republican, Democrat, independent. Those Washington, D.C., elites are fighting over that power like the Bumpus Hounds over a Thanksgiving turkey, and there's nothing we can do about it, so we need you. You're our people on the ground. You're the only people we can talk to. Page 249 July 13, 2021 Byron Donalds, for crying out loud, isn't allowed in the Black Congressional Caucus because he's conservative, and that's a fact. So what's going on in Washington, D.C., is a disgrace, and we're coming to you to ask for some kind of redress to that. You don't like this ordinance, come up with something, bec e when that party comes to town and they come down my stree knocking on my door with their vaccine questions, the gate' c ed, and I'm not letting them in, and I'm going to expect you t back me up when I say you're not allowed in my gate. We have rights, and we expect them to be up Thank you. (Applause.) CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker lison Wescott. I don't believe she's here. And Neville Williams? (No response.) MR. MILLER: Madam a , that is all of the speakers. CHAIRMAN TAYL10Q1Zw 11 right. We're going to take a break until quarter to 8:00,., So that would be almost a 20-minute break. Then we're going to come back and deliberate. The public ment period is now closed. (A brief ess as had from 7:24 p.m. to 7:45 p.m.) MR. A ON: Madam Chair, Commissioners, you have a live mic. AN TAYLOR: Thank you very much. w we are open to discuss this. And I'd ask you at this ho' use your buttons because I'm not sure I'd see you otherwise. You know what I'm saying. I'm not sure I'm -- so, Commissioner Solis. COMMISSIONER SOLIS: Well, we've been here how many hours? Seven -- almost seven hours. Page 250 July 13, 2021 You know, I think this is -- it's such an emotional issue that we're dealing with. And as I've said at the very beginning of this whole discussion, I mean, if there is a desire for, at least this commissioner, to reassert his oaths and to say that he supports the Constitution and the Bill of Rights, I'll do that right now. This -- and we've heard from a lot of people today -- is i d to do more than that. There are fundamental issues with it. waives, you know -- not sovereignty immunity, which s Qody raised sovereignty immunity. It's not sovereignty i .ty. It's a statutory immunity for elected officials. I don't ow -- I mean, as a matter of law, you know, I can't waive so b e se's rights. I think that's a fundamental thing, because I thin t at s part of the issue that we're talking about. Somebod oing away with somebody else's rights. I mean, we. c ' ive another constitutional officer's rights to st mmunity. I think it will create, you kno - you know, there are situations that I can see that there would ederal regulation of some kind that is valid on Day 1, is,^ and then, you know, maybe later o on found to be invalid, bu t the time it was -- it was enforced or whatever, it was v lid. A mean, you can't -- you can't retroactively, you know, say t somebody's violated something that at the time they did it it a va . That's a problem. Ther wa - I think someone said that this ordinance doesn't waive any immunity. Well, then if it doesn't waive -- if it does e immunity, then what's the point? I mean, why would w is? If it didn't waive someone's immunity from suit, the 19 ctions exist. That's how the violation of civil rights in this country have been prosecuted for decades. And, you know, I don't even know when this was enacted, but it's very -- it's been around a long time, and there's lots of jurisprudence behind that. You know, I was -- I was -- I understand what the Sheriff has Page 251 July 13, 2021 said, that he would treat this as any other kind of complaint that he got, and that the Sheriff would investigate it and then send it on to the State Attorney's Office as a violation i.e., someone has sought to enforce a federal law, order, rule, or regulation that unreasonabl infringes or impedes someone's constitutional rights. I mean -- n it's going to be up to the State Attorney to make that determii+ as to whether to issue a warrant. This is what the Sheriffs Of just said. O I called Amira Fox's office to find out if there h n any discussion with the proponents of this with her off d there had not been. You know, I don't know how a sta tt e could proceed to prosecute something like this wher re has not been a determination that that federal regulation nconstitutional. I mean, they enforce valid laws. Anil I ey were here, but they're not. And I wish, you kno ' eriff was here as well. So if the State Attorney's Of e ouldn't prosecute anything until a court finds that a regul hat's being enforced is unconstitutional, this wo r produce anything. It's like a dog chasing its tail, because it to be found unconstitutional for the State Attorney's Office)*) then proceed to issue an arrest warrant or to prosecute it. S e criminal side of this thing, it makes no sense to me whatsoev . Some&he here this referenced an unlawful act as the enforceme a federal regulation or whatever that is found to be unco t nal by a court, you know, I think we'd be having a c N different conversation, but that's not what I understand pr o ents of this want. And, I mean, this is -- this is -- it's unfortunate, I think, that this has become a divisive issue. You know, we are a country of laws, and we have laws that protect us that we are here to enforce. If there is a federal regulation that comes down that myself or any of the Page 252 July 13, 2021 other commissioners think is unconstitutional, we have the ability to challenge that in court. That's the process. That's a process that we've always had, and that's the process that this country's founded on. To try to shoehorn some new process into that, I think, is no something that we should do. I mean, I think it flies in the f the Constitution that we're supposedly discussing here to 61 would -- I'll go ahead and make a motion that we not ap this ordinance for those reasons. COMMISSIONER LoCASTRO: I wanted t e some comments before we maybe vote on anything. CHAIRMAN TAYLOR: Commissioner astro. COMMISSIONER LoCASTRO: I nt o make a few comments, and then -- you know, we'v from a lot of people today. I've got some questions o people that are remaining. You know, first off, I comme e folks that are here. This is the hard-core nucleus of the obviously. It was great to see a packed house in here, bu , you know, commend and thank you all, and the folks that e been here. I respect all t e inputs received, and it probably was close to a thousand e-mail , d I actually did my best to answer all of them, you know, to be of my ability because I think it's important that citizens ar he But regardless of how this vote goes today, I think we s all be proud, especially what's going on right now in Cub , e saw democracy in action in here today. This is w s is what our forefathers fought for. This is what military pe 1 that I fought next to and some of your sons and daughters are figh ing for. So nobody should leave here whether the vote -- whether it goes your way or not feeling, you know, defeated. People all over the world would kill for this opportunity, and some of them are in Cuba right now. Page 253 July 13, 2021 So I thank you, and I thank those of you that were respectful and eloquent in your comments. You know, it was clear the folks that really took the time to turn their three minutes into 20 minutes as far as content, because this is an important and complicated process. You know, one of the things I wanted to say -- and then I ha questions for a couple people in here. This is important. So t here till almost 8:00 p.m. to hear from every citizen. I thine at least get a few minutes to ask some questions that we d el maybe were answered before we're asked to make an ' rtant vote. But some spoke of the fear of unintended co nces and liability. You know, what I've first thought e ever felt that way, we wouldn't vote on anything. When w e on the villages, there was fear of lawsuits. Oh, and, by t way, there was one; there is one. You know, when we voted;- sn't up here, but when it was voted on masks. So, you know, I don't think ected official can sit here and compromise their briefs beca o ossible lawsuits. Yes, you don't want to vote on somethi going to bring a tidal wave of, you know, legal issues becaus 't isn't worded properly or whatnot. But, you know, I can to 1 yoW, you know, we have traffic laws right now that bring a ton ourt cases that people challenge speeding and accidents an th So, y u , that was something that a lot of people brought up, and I hope if you're going to be in public office, you've got to havf,,W courage. You can't have -- you can't back away from y i ictions because of what might happen, you know, down the ro But having said that, here's my Q&A. And, you know, bear with me, because I think the answers that we all are going to hear from these key people that are still here are critical. And I'd like to call forward Kristina Heuser who I think, you know, is representing Page 254 July 13, 2021 the legal side of the yes, you know, position. And I just have some questions that I was hoping would be answered by many speakers and maybe even yourself or whatnot, but there's a lot of content. What is the difference -- and we know this answer, so it's a little bit sort of more to get it on the record, but to hear your perspecti representing the yes side. This has come forward as an ordi not a resolution. But one of the things that I thought had a o merit tonight is there were a lot of eloquent speakers on loo side that then were very positive that they thought a resol was the way to go, and that, you know, we're all -- nobody e is not supportive of the Constitution or the Bill of Ri ts, t it did catch my attention more than a couple of times that e olks that thought the ordinance was a definite no left the w' ow open thinking it would do a similar thing, it would aic a similar task but in a much more legally sufficient way, - e oquent way. It was put, you know, many different ways. So let me turn that over t MS. HEUSER: W t ay I perceived those comments are -- is that people don't t to stand up here and say, well, I despise the ConstitutioV I espise America's founding principles. So the alternativ to abandon the ordinance, which is something that's enforce , i as real consequences if it's violated, and instead, opfo esolution, and a resolution is just merely a statement. *QW(olution does not have the force of law, it has no effect, it' , in my view, and it accomplishes nothing. MMISSIONER LoCASTRO: Okay. We also heard a lot of citizens talk about how, if we pass this, nullification and how, you know, that would affect, you know, the Constitution, law, and all of that. I'd like to hear your definition of why you think if this was passed as an ordinance or even a resolution or both, why nullification Page 255 July 13, 2021 is not appropriate or it isn't -- you know, you obviously have a different feeling than a lot of folks that thought, you know, we were immediately, you know, nullifying the Constitution and Bill of Rights by doing this and all the definitions that go with nullification. I wanted to give you the explanation. MS. HEUSER: I appreciate that, because there have be to a few things said that I really would like to respond to, and is one of them. O So this is not nullification. This ordinance emb the anti -commandeering doctrine, and that's somethin is well -settled law upheld repeatedly by the Sup e ourt which all the opponents in here and up there seem to rev e so ighly. They've upheld this principle many times d many of these whereas clauses quote and reference Supreme cisions upholding the anti -commandeering doctrine, ant at is is that the federal government does not have the ri t engage state and local officials in carrying out its policies. T ' well -established principle of law. I'm sorry, I'm repe self, but I think it bears repeating because there were a lot o mments made that this is unconstitutional, and tivt's not the case. There are ordinances throughout the country similar to this one. As at of fact, the notion of sanctuary counties came about by p op n the left who were opposed to the federal governmen opting state and local authorities into enforcing imm' aws, and those have been tested in the courts and u Consistently. you know, I know we have a lot of people that came up here that ike to talk about what astute legal scholars they are and how -- you know, their degrees and their professional lives. I don't like to do that -- although, I could -- because I think it sounds arrogant. But they're wrong and that's just -- you know, if you want Page 256 July 13, 2021 to look up the citations, I provided them here for you so that this question would not arise. So please do look it up, because this is constitutionally sound, upheld by the Supreme Court repeatedly. COMMISSIONER LoCASTRO: I mean -- so let me follow up with that. There are quite a few ordinances across the countrythot have been passed and, like you said, they've been upheld. Fh4, T mean, correct me if I'm wrong. They're not really appl o pples. You know, they're for lots of -- this one's very, very ' 1c. You know, it's not an ordinance for illegal aliens, whic o very specific, and some other things. This one's v pecific. And a lot of your -- yeah, I wouldn't say a peers, but a lot of people who share your job have come up e, f think almost all of x them, and have said that this ordinaiVc -be unconstitutional because of the subject matter. I a�9on't think you could make a blanket statement and say, you k o , all ordinances are constitutional. I mean, they n different flavors. This one is very, very specific. Why would you say tite,attorneys that came up here, regardless of their backgroun s --*nd 'we don't know them, but it's immaterial. I wanted to hearAlieur comment, why would you say this as an ordinance is t nc nstitutional? MS. E R: Well, from what I understood -- and I could go back over pious notes, but I think their arguments were rooted in th at local government has no authority to resist federal la, , ' or the reason that I just stated, this anti -commandeering doer' e upheld by the Supreme Court repeatedly, that's just not true. Local governments -- you know, it's been quite disturbing listening to all of the comments, because the reason why we have this system of federalism in our country is because it was very well understood by the founders that government closer to the people Page 257 July 13, 2021 would be more apt to protect the people's rights. The Constitution was drafted to put a constraint on federal power. So for people to sit -- come up to this podium -- it's so disturbing -- and say, well, we don't want you to protect our constitutional rights. We just want to let the federal governmen o that. We want to abide by whatever laws the federal govern promulgates. It's so disturbing and disheartening, and I wi everyone was still here so that they could get, like, a litt r mer in our founding principles. But this is something that's ed, and to say that you don't have the authority to stand up to deral government is just wrong, and I think would e t n abdication of your duties. COMMISSIONER LoCASTRO: S ast question to get your comment, to get your opinion, yo i resolution isn't enforceable. It's more of just a st and kind of soft, you know, basically, as opposed to an ance, which has teeth and is enforceable and whatnot. But on the flip side us heard today if we did nothing, we have enforcement. You w, I'm playing a little bit of devil's advocate. I'm not sho4**ng my hands or anything but, I mean, I want to give you a ch e to, you know, answer this more specifically than what, you kn so e others did. So w do e some things at our disposal right now if we thought tha e was something that was unconstitutional that was happ o having said that, why do you feel this ordinance is a re nt, it's a mandatory requirement? What's missing right no t at if we thought something was happening that was unconstitutional, our hands would be tied or frozen? And I'm saying that as more -- a little bit of a leading question because I want to hear -- I want to hear, you know, an educated attorney reply from the yes side. Page 258 July 13, 2021 MS. HEUSER: I appreciate the question very much, and I actually litigate in federal court routinely on constitutional questions. That is my profession. And it's a very slow process. It's not like I can walk in there and walk out with an order from the Court saying, this is 7\s, unconstitutional or this entity violated your rights. It could t I years. And in the meantime, you know, if we're talking ab federal programs, let's just say, you know, to make it so t i .ng more tangible that everyone could wrap their minds aroun e heard from the federal government that they want to ban It rifles. So let's say they do that and they ask the Sheriff n ow that this is why -- or one of the reasons why he supports t s r inance so vigorously, because he doesn't want to be t i the position of enforcing unconstitutional mandated Er ederal governmental. But let's say that they -- the federa ment issues an order telling the Sheriff, you need to g of the residents and make sure that they don't have any rifles and, if you find them, seize them. Well, if we go to fe court and challenge that, we might not get a decision for a yeah 18 months, and in the meantime, according to, you know, C issioner Solis' rationale, the Sheriff has an obligation to o t that order because it came from the federal governme t an o court has found it unconstitutional. That's a problem. SSIONER LoCASTRO: So that's when, in your o is -- if this ordinance was passed, it would kick in, and it w give the Sheriff a chance to take action as he saw fit? MS. HEUSER: Not just the Sheriff -- sorry. I didn't mean to interrupt you. COMMISSIONER LoCASTRO: No, but I think you know what the rest of my question's going to be. So if we didn't have this Page 259 July 13, 2021 ordinance, he'd fight this for two years or he couldn't fight it. He'd actually have to go door to door. But if we had this ordinance -- and that's why maybe he supports it so strongly -- is he wants to have it in his hip pocket as a preparatory step so that if something did hap en at the national level directing him to collect assault rifles, boom, th he pulls his "get out of jail free" card and says, I'm not going to because we passed an ordinance in our county that says tha unconstitutional, and so I'm going to abide by what the Or County Commissioners -- am I summing that up corr . That's why, you know, the yes side wants -- and that's w Sheriff wants it. MS. HEUSER: Well, I think that it does a e he effect of giving the Sheriff cover, and like in the e le that was given at the prior meeting about the Supervisor of s, you know, we could talk about many hypotheticals. It 66 give her cover to stand up and say, we're going to continue t our elections pursuant to state law and not be dictated to by eral government. But, more importantly, I think, it al ividual residents of Collier County who are aggrieved by the inance -- and so in my hypothetical, let's say the Sheriff does sere somebody's gun. Now that person can go to the local cou tate court, and seek an injunction and ask that court to issue or directing the Sheriff not to seize that person's gun becau e th ederal order violates the Constitution. And i ition to that, they can make a complaint -- this would be a is in my hypothetical, but to the Sheriffs Office or, I g ctly to the State Attorney's Office seeking the imposition o minal penalty pursuant to this ordinance, which we hope will also ave a deterrent effect. So this ordinance provides immediate remedies that you just can't get from existing federal law. COMMISSIONER LoCASTRO: I think you'll all have questions, and that will help as well. Page 260 July 13, 2021 CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, don't go away. Don't go away, Kristina. And I -- you know, I want to -- and I thank you for that clarification because, you know, we all sat here today and heard a lot of opinions from a lot of different folks. And there a a lot of assumptions and a lot of interpretations necessarily by s with regard to the ultimate ramifications of this ordinance. What have we got going on there? O MS. HEUSER: Sorry. I was just getting -- Istening, though. COMMISSIONER McDANIEL: I just anted to say out loud that I heard -- I heard a lot of supposi ' on both sides for -- as Rick likes to call it -- Commissio LoCastro likes to call it, the yeses and the nos. There were §u i s made on both sides, hypothetically, with regard to the t outcomes of the passing of this ordinance. My understanding of the 1 nce and the reason why I was in support of it, the reason ent my time to work with the Sheriff in its preparation, was to a w for that local jurisdiction to come into play in the event t at tyre was a federal government intrusion that comes about. Wn a fear base, not on a fear base. You've already heard me tal out at I walk in faith not fear. But to me, it's an enhancem t o ur constitutional rights and a protection of our Bill of Rights. ows for a local jurisdiction to be able to make that deci ' at's the process to me. And then what was verified w poke with the Sheriff even further and his lawyer in the pr of how this circumstance would transpire. This board, I, myself -- I'm going to use myself as the example, because Commissioner Solis doesn't like it when I point at him, so -- I make a decision and it's determined that I violated someone's constitutional rights. The complaint is filed with the Sheriff. The Page 261 July 13, 2021 Sheriff does an investigation, gathers data and information, gives it to the State Attorney's Office. The State Attorney's Office, per my understanding, doesn't make the determination about whether or not I have violated someone's constitutional rights. They make a determination as to whether or not I've violated this ordinance. COMMISSIONER SOLIS: Which is based on what, th If I can just ask that question. What would the violation of ordinance be based upon? O CHAIRMAN TAYLOR: I'm going to allow th' k and forth because I think this is important. COMMISSIONER SOLIS: I think this ' -- 's is the legal issue, I think. COMMISSIONER McDANIEL: 0JAv. COMMISSIONER SOLIS: Tka ination is based upon a finding at some point that somethi constitutional, right? COMMISSIONER McDANI You make a representation that I violated your constitutio ht -- you don't have to get out of the way. I'm not pointi t So you make that representation. You have the right to litig with me for getting out of bed, Commissioner Sobs, ar�i I he same with you. So if the St Attorney makes the determination that your-- your ati s of my unconstitutional acts or violation of your Bill Ri s or civil rights are in violation of this ordinance, then the c en, in turn prosecute me via this ordinance in a local cou be moved to the federal court. And correct me if I'm w hat's a total novice opinion of the system. S. HEUSER: I think that you're both a little bit right, and I'd like to weigh in, if I could, on this point. CHAIRMAN TAYLOR: You may. COMMISSIONER McDANIEL: Do you mind? MS. HEUSER: So you're right, Commissioner McDaniel, that Page 262 July 13, 2021 you would be charged with a violation of the ordinance, but Commissioner Solis is right that embedded in the ordinance is this question of whether or not the federal action that you carried out, which is what the circumstance would be, violates or impinges, impedes, infringes upon somebody's constitutional rights. COMMISSIONER McDANIEL: Right. MS. HEUSER: So -- and I think this -- this is someth I wanted to address, because it really represents a funda 0misunderstanding of constitutional interpretation and otion that only the Supreme Court or only the federal court only the courts can interpret the Constitution, and that' of e. And if I could, I'd like to read some excerpts. I actual d a master's thesis on the subject of judicial interpretation, aiALh ve all these books, so I pulled out some interesting things. A V COMMISSIONER SOLIS: Sb ore she goes to another subject -- but you didn't answer th estion. So if I'm right that at some point somebody has to e determination that a federal regulation or whatever iupon someone's rights, constitutional rights, whe that determination made? How -- if there's a federal re ulatjpn t at has not been found by a court of competent juris 'on to infringe upon people's constitutional rights, how can the a e A orney then prosecute somebody because that was suppo edl constitutional? It doesn't work that way. And would say is, I think you said very clearly what this is. ing to cut the legal corners that we have. I've litigated i court, and I've litigated in state court for years, okay. Th go way faster in federal court than they do in state court, num er one. I don't know what federal court you've litigated in, because the ones I've been in, fasten your seat belts, because it's going to be over in a year no matter what. It doesn't matter how big the case is. State court is a very long, drawn -out process. Page 263 July 13, 2021 So litigating this matter in state court is going to draw it out much longer. I mean, do you litigate in state court in Florida? MS. HEUSER: Not in Florida, no. COMMISSIONER SOLIS: Are you licensed in Florida? MS. HEUSER: No. COMMISSIONER SOLIS: Okay. So, you know, this ut cutting the legal corners. That's why we have to be careful h this. MS. HEUSER: Well, can I respond to your initia e tion? COMMISSIONER SOLIS: Sure. MS. HEUSER: So going back to your state at -- and I'm paraphrasing -- that nobody can make a dete a out the Constitutionality until a court of competent jur d ction makes that determination, that's wrong. COMMISSIONER SOLIS: So oing to make that determination; the State Attorney;Z�r MS. HEUSER: Perhaps. case of this ordinance, there are different layers of discreti it will go through. So the Sheriff will have the opp but we heard him here today that he would probably opt to jus ompile the evidence and pass it on to the State Attorney's O fice So, yes, th ate Attorney will have the opportunity to determine if tkeb'e9*eve there's grounds to prosecute. So probable cause, I guess, t a violation of the Constitution occurred. And then, of co ike anything else, any other prosecution, it goes to court, rld Court will ultimately make that decision. MISSIONER SOLIS: And how does -- how does -- the 19 tion, which is how civil rights violations are prosecuted, how does that not protect and do exactly what you just said? MS. HEUSER: Well, 1983 is civil. So there is no criminal element. COMMISSIONER SOLIS: Right. Page 264 July 13, 2021 MS. HEUSER: So that's a distinction. Also, just the ability to obtain immediate injunctive relief in state court. And I think that although state courts may move slower -- I practiced in New York in state court, and they also move slower there, but they're more user friendly. Like, a pro se litigant can operate much more readily 1 state or local court than in federal court. CHAIRMAN TAYLOR: And just for a point of infoA ion, from this letter from Sheriff Rambosk's office -- and it s gned by Sheriff Rambosk -- there is no question about the joupw f this. They figure out in there's enough -- and I'm goin Nin my nonlegal way. But they usually -- usually th witness it. If they don't witness it, they collect information. A d if they -- they give it to an investigator. And then he s in his letter, it will go to the State Attorney's Office. 8 COMMISSIONER McDANI �, orrect. CHAIRMAN TAYLOR: T r s no maybe. It will go there. So that's the path that the She Vq�s toutlined on this. And then the State Attorney's Office hing about it, and they're not going to -- they're not going to h any jurisdiction about the constitutionality. ndim going to turn it Commissioner Saunders, but you could h come in a long time ago, so I'm allowing this. COMM O R McDANIEL: I'm not done with my original question, ad Chair. CH N TAYLOR: Oh, okay. SSIONER McDANIEL: Number one. Number two, t ition that the State Attorney didn't know anything about it isn evant because there isn't a law yet. I mean, if we pass this as an ordinance, it becomes a law, then the State Attorney would be made aware of it one way or the other. I mean, what the Sheriff outlined to us in the letter of July 12th was the process that Commissioner Solis asked about in the June -- in our last meeting. Page 265 July 13, 2021 And I wasn't ready enough to answer that question. But this is the process for the enforcement of all of our ordinances in Collier County, so... COMMISSIONER LoCASTRO: So, I mean, every speaker that came to the podium saying the Sheriff isn't astute enough or put it on the backs of the sheriffs is really immaterial because .. N s said right here, none of it's on his shoulders. He would co e -- COMMISSIONER McDANIEL: He's going to g lr the information, sign -- COMMISSIONER LoCASTRO: So he's no ere making judgment calls. And, you know, he's answeriag e calls or a complaint or something. CHAIRMAN TAYLOR: He has -- does have to make a judgment call because he says that tke c e a complaint, prepare a report, receive sworn statements, s sent to the investigator. The investigator determines if su f1 t evidence exists for the supporting -- COMMISSIONER, , SiTRO: Cause. MS. HEUSER: Just hke with any other criminal violation, so just -- CHAIRM&TAYLOR: Yep. COMMR SAUNDERS : I've got a couple questions for you. re finished? COM IONER McDANIEL: Can I ask mine. No, I've got _ --� one r ine's not for you. It's for the County Attorney, and it h - because there were several people -- and you don't -- and ark r questions for Kristina? COMMISSIONER SAUNDERS: I have a question for her, but go ahead. COMMISSIONER McDANIEL: My question has to do with the potential of frivolity. Is there -- is there law or statute to protect Page 266 July 13, 2021 a defendant against frivolous lawsuits? MR. KLATZKOW: My experience is that frivolous lawsuits are all over the place; that courts loathe to throw out a pro se defendant, and they go on and they go on and they go on. I had one case that went on a good 12 years that got tossed out a dozen different times, refiled. I had to litigate it, got it tossed out, r . Runs into federal court, litigate it, gets tossed out, all right n an unpermitted structure. So to answer your question, yes, there are rules ' Ike books for frivolous complaints, but from a practical standpo' urts allow a great latitude toward a pro se defendant. COMMISSIONER McDANIEL: So my - s t ere something that could be added into this ordinance to Ttat protect our community with regard to that? MR. KLATZKOW: I don't eyoumean. COMMISSIONER McDANI Is there something that could � be added into this that would t onus the complainant -- MR. KLATZKOW: tVQ) " Prevailing party gets attorney's fees. COMMISSIONED -McDANIEL: And that's not in this as it's -- MR. KLA OW: Right now it's only the complainant that would get the I Ay 's fees. If you made it prevailing party gets attorney f s, a ming that the person complaining has any money, by the way, SSIONER McDANIEL: Gotcha. Thank you, sir. I' or the minute. AIRMAN TAYLOR: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Just a couple comments, and I do have a question or two for you. First of all, I think this be has been a very good debate. I feel like I've been back in law school now for the last six hours, and it's good having this back and forth. Page 267 July 13, 2021 Dr. Doyle said something that I thought was very, very problematic, and then I have a question for Kristina Heuser. Dr. Doyle said with this ordinance, the Sheriff, who is the highest authority in the county, with this, the Sheriff can tell the feds to et out of the county, and that's almost a quote. And I don't understand how this ordinance would permit t Sheriff to tell the feds to get out of the county. They can t_ to this county. They have offices in the county. They ha �I agents in the county. I don't believe that this would give th ority to the Sheriff to simply say to the federal government, w it be the FBI or -- the CIA, I guess, wouldn't be here locall - e era authorities to just get out of the county. So th sone area I want you to address. But the other is -- and th' 's part of it, the statement's been made that the Sheriff ' ghest legal authority in the county. I'll accept that. I do a if it's necessarily accurately, but I'll accept that. If heriff is the highest authority in the county, why does he ne sser authority, which would be the County Commission im authority? I don't understand that. And I'd like you to ment on that. And the other thin,0I want you to comment on, if you would -- I had asked you -- d I appreciate you sending me a letter. But I had asked you, w r h this ordinance been approved, because I know, Commissi ner Castro, you had thought that this had been approved i tiple counties in the state and around the country. And e d a letter from you, and I appreciate your openness with t your letter says, I've only been able to identify two co ts in the U.S. that have enacted Bill of Rights Sanctuary County Ordinances thus far, and those are Scott County and Cleburne County, both Arkansas. Now, the total population of those two counties, rural counties in Arkansas, 37,000 people. Now, that's not -- the number of people is July 13, 2021 not significant, but the fact that this has not been approved anywhere else in the country concerns me, especially if we are relying on the fact that this has been approved in other communities. And you made the statement, "Many ordinances similar to this one had been upheld around the country." r\*, MS. HEUSER: Well, could you read the rest of the e- That wasn't the entire e-mail. .444 COMMISSIONER SAUNDERS: No, it's not the 0 e-mail. You talk about according to an article published by B ss Insider, around 400 counties in 20 states have designated t Ives as gun rights sanctuaries. Totally different issue, so MS. HEUSER: No, it's the same concep a ctuary counties regarding a constitutional right, except th limited to one constitutional right, and ours applied t COMMISSIONER SAUNDZ,is� �Ikay. In reference to gun sanctuaries, the whole state of Flo a gun sanctuary. We've been preempted from doing a g with guns. That's very clear. So those 400 counties a tes that have done that, that's fine, but that has no relevance Bill of Rights Sanctuary County Ordinance. You said t he most common sanctuary designation is the one that spurred t s an Wary movement: Immigration sanctuaries. Again, Fl ida n immigration sanctuary by Florida Statute. So the e two counties in the country, both in rural Arkansas, that roved a Bill of Rights Sanctuary County Ordinance, a to the letter that you sent me; is that incorrect? S. HEUSER: Well, I said I did a quick Google search, and that's what I found, but I don't agree with your statement that the prevalence of the Second Amendment sanctuary counties is irrelevant, nor other sanctuaries. It's the same concept that we're dealing with here, and all have been upheld by the courts. Page 269 July 13, 2021 COMMISSIONER LoCASTRO: I just want to make a clarification. In my e-mail to citizens, you know, just explaining about this process, I mean, I echoed and said, similar ordinance, not this exact ordinance, but ordinances that addressed federal issues have been passed. And I know that number's greater than two. mean, maybe, like you say, the specific clarification -- I appr to you doing that homework. But, you know, what I told citi is exactly what I think you all had echoed here is that similar ordinances that challenged the federal government isn't a new th' g. -It's not a new thing. COMMISSIONER SAUNDERS: So th u o then is, why does the Sheriff need this if he is the superior t ority in the county? Why does he need an inferior authority to 've im authority? I don't understand that. MS. HEUSER: Well, I'll an question as best I can, because you're asking me to speak omebody else's behalf and in response to a question that I d' sk, that was posed by somebody else. But the Sheriff right A-Qw doesn't have the authority to bring a criminal charge against somebody for carrying out the will of the federal govern That does not exist presently. This ordinance would confer t a ority on him. COMLAI NER SAUNDERS: But the Sheriff, through his assistant, i ed that all he would do is bundle up the evidence and take ' tate Attorney to make that determination. NHEUSER: Well, the State Attorney presently doesn't have th #44 �ihority either. COMMISSIONER SAUNDERS: So this ordinance will give the State Attorney that authority. And the reason I'm asking this is, I find this whole thing to be very confusing as to who makes the determination, what is the standard for the determination. A Page 270 July 13, 2021 criminal statute -- and this is a criminal ordinance -- has to be very clear as to what is legal and what is not legal for it to -- you can't have a vague criminal statute. So that's why I'm asking these questions. I think this is vague. MS. HEUSER: I understand the concern about vagueness because, unfortunately, the Supreme Court decisions over ti 7NSV really complicated constitutional questions beyond what I t ftt y need to be, in my view. I think it will depend. I think you might be thi ` about the most extreme complicated case when, in my view Jwill be very straightforward and easy to understand, and t is tting back to the point that I wanted to make earlier and read fr ome scholarly authority on the subject that individuals,) 1 legislators such as yourselves, sheriffs, sheriff's deputies, ave the ability to interpret the Constitution. That i y that the framers designed it. Why would there be a docu t at advices people of their rights if the people are unable erstand what those rights are? It defies logic. Now, I understand th hat's a prevailing view maybe in the legal community or some -- one side of the aisle, some people's minds, but it's n9fthe way that our system was designed, and it doesn't reflec a ro r understanding of constitutional interpretation and judici au rity. COM I IONER SAUNDERS: I have no other questions. I just o make a quick statement, and thank you. HEUSER: Sure. AIRMAN TAYLOR: Commissioner. COMMISSIONER SAUNDERS: Let me just -- CHAIRMAN TAYLOR: Oh, you have another question? COMMISSIONER SAUNDERS: No, no more questions. I just want to make a statement. There's been a motion made, and I Page 271 July 13, 2021 just want to just make kind of a quick statement here. First of all, I really respect both sides of this argument. I understand the passion, but I think the solution to the concerns that the pro ordinance folks have is really at the ballot box. And I know that's going to generate some cat calls, perhaps, but whether you think the last president was a bad president or whether you th' current president is a bad president, this country has many presidents in its history, and the country survives those. Oa simple -- simple situation where you put a new presiri in four years. I think the solution to this concern about rr ach of the federal government, the mission creep, as Dr. o e discussed it, I think that that's really a ballot issue to be ermined by the voters as opposed to a small county commissio i o say, well, we're going to take a position in referen t'�, 'ssion creep of the federal government. I don't -- I just don't erstand how this is something that we could actually enforce And I'll say this to Vnmissioner LoCastro: I respect greatly your service to the untry and the sacrifices that you made for the 24 years I believs you were in the military, and rising to the rank of colonel. is very impressive. And you fought to defend the Constitut' n�kat e United States, and I admire you for that. That's not ha is is. And I know that your inclination is to vote for this, an just simply saying, this is not something that has been in other communities other than those two in Arkansas. T something that you fought for, in my view, in my view as SO e who has certainly studied the Constitution, and I would ask you to consider that as we vote on this. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Well, I guess it was -- I'll turn my button off. I think we've rehashed the issue over, you know, whether Page 272 July 13, 2021 or not this changes statutory immunities. I mean, I heard Ms. Heuser saying that it doesn't change statutory immunities. Well, then, if it doesn't change statutory immunities, then what does it do? Right. I think -- again, I think this is a very emotional issue. I think this is -- we've heard both sides of it. It's a very passionate issue. And I understand people feel very strongly about this. I get ' hear it in all your voices. But it's a country of laws, and t .to create a shortcut is, in my opinion, dangerous. So I've d my motion. CHAIRMAN TAYLOR: All right. Well, t . a motion on the floor that failed. But would you make yo m 'on again and see if we've got a second. COMMISSIONER SOLIS: Yeah, wy m tion was to -- COMMISSIONER SAUNDEP�S: c I make a suggestion -- CHAIRMAN TAYLOR: Suite. COMMISSIONER SAUNDy -- just because Commissioner McDaniel bro is item, and I think it would be appropriate -- I understa otion. But I think the -- it would be appropriate for Commissi r McDaniel to take the lead as to whether -- I mean, obviously, I think his motion's going to be to approve it, and very well fail, but I think Commissioner McDaniel sh � ha e the abilityto make the motion. CO I IONER SOLIS: I'll withdraw the motion. CHA N TAYLOR: That's fine. Thank you. Motion with MISSIONER McDANIEL: Well, with the -- I would like to e a motion for approval with the adjustment in the language as recommended by the County Attorney about the prevailing parties. I have a concern with regard to the frivolity of the potential lawsuits that could come from this, and I think that's a good way to start that process, and that's my motion. Page 273 July 13, 2021 CHAIRMAN TAYLOR: There's a motion on the floor. Is there a second? COMMISSIONER LoCASTRO: I second the motion. And, you know, let me make some comments. First of all, I want to just echo again, I think the success oft ay was democracy in action and for the people that were respect really -- I think we all really appreciate it. It wasn't every ut we had a great crowd on both sides. O One of the things I don't do as a county commis ' is I don't keep score. It's not about putting your finger in t nd 500 people sent us e-mails and 400 people sent us, u o , no e-mails, so then, you know, we vote for the yeses. I m a , t at's not the way it works. We look at the facts. And we'rs all done a big deep dive. And maybe my second is cererpoje,y, based on what I think is about to happen here, but N, ' st -- let me just continue. I second the motion for reaso at echo some of what I heard in here today, but I also stress n views after hearing from all sides and many of my co s as well. I'm not trying to be a hero -- Dan Cook, I think long gone. I'm not trying to be a hero or to disappoA c,0. 'm following my principles and my duties as I sereaffirm the values and rights of our Constitution of Rights. I'm not trying to be a disrupter. I'm not agains ourrderal government or our president, who I consider more -- aft years in the Air Force -- you know, veterans that are in he ok at our president as also our commander in chief, w Nuite a bit different. not looking to nullify current federal law. I look at this as a preparatory step, a safety net, if you will, should citizen rights ever be challenged or changed. To use the example that you gave, if the Sheriff was directed to all of a sudden gather up all the assault weapons, but that may never happen. So that's why I look at this as Page 274 July 13, 2021 a preparatory step. Like somebody said in our previous meeting, a hurricane's coming. We fill sandbags. Hurricane never comes. We take the sandbags, and we leave them in place, or we throw them Some say this county should not be hearing this issue, that i an embarrassment that we're even discussing it. I could not dis more. This was a citizen initiative that came forward. It's right as Americans for it to come forward. And I wonder w t e people in Cuba would say right now, because they'd kill for pportunity to come into a room like this and talk about the ri at they would like to preserve. This is not political to me. This is all ab t a riotism and policy should something change at the na ' al evel. Do I currently support the Conti d Bill of Rights? Of course, I do. But this is a confi -�, ep of what we believe, and it -- to me, the ordinances as writ4)k just reaffirms citizen rights if something changed. y�v I believe some toda 4Mown this way out of proportion. As I said, this is a preparat step when and if citizen rights were ever jeopardized. The�heriff, if this was approved today, is not storming the ho 4� in Collier County. I don't believe anything would change.. He mould take no immediate action because nothing has changed at -the federal level that put at risk the Constitution or the Bill of Righti. That would have to be the first step, and then this woul t -- sort of, like I said, the safety net, an option, I guess. some people spoke of the fear of unintended co e uences. Like I said, if we feared that, we'd never vote on anyt ing. If you say this ordinance has no teeth -- and maybe my second here, like I said, is ceremonial -- or that it has no purpose, it does to me and to a multitude of my constituents and fellow veterans. Page 275 July 13, 2021 Citizens are demanding we vote for or against this. I don't know how I can not vote for it. I'm not an extremist, but if you think I'm an extremist, I'm in really good company with Thomas Jefferson and John Adams and all the others that were called extremists as well. But I certainly wouldn't put myself in any of their categor I'm not here banging on tables saying this is a mandatory ordinance, but I feel that as a reaffirmation of our Constitutind Bill of Rights, especially should they be challenged or c kaomised, is patriotic and supportive of our citizens. Regardless if this vote goes your way or not, we saw democracy in action. A democracy I did figlor ' my 24 years in the Air Force and a democracy people who junIT 3uf fences and swim our rivers to get would fight for. mocracy that people in Cuba right now are trying to fight for. I'm not a politician. I'm a p i;*Vant. I'm a proud citizen and a proud veteran, and a reaffi n of the Constitution and Bill of Rights, of which I think thi ance is, has my support. (Applause.) CHAIRMAN TAYL R: Commissioner Saunders. COMMISSIONEI�SA�UNDERS: Just real quickly. I don't think there's any Ze this board that doesn't fully support the Constitution, oho United States and the State of Florida. I don't thi theN anyone on this board that has any problems stating that the s the Bill of Rights and our form of government. And ant anyone going away from this meeting thinking t - king otherwise just because they did not prevail on this vo MS. HEUSER: If you don't vote in favor, you don't support it. It's as simple as that. COMMISSIONER SAUNDERS: I understand -- no, no. Okay. Listen. I'm talking. We don't have comments back from Page 276 July 13, 2021 the audience. So I'm going to -- let me restate what I was saying, because you made me lose my train of thought. Again, no one on this board is opposed to or doesn't support the Constitution and the Bill of Rights. My problem with this ordin ce and the reason I'm going to vote against it is I think that it's nd I think it creates expectations that are just not realistic. An v1 use Dr. Doyle's statement about this ordinance gives the Sh C)he' ability to tell the federal government to get out of the ty. I just think that that sets up expectations that are incorre ealistic. Now, if there's a resolution expressing o up of the Constitution and the Bill of Rights, I'll support any day of the week. But this ordinance, I think, create or problems than it solves, so I'm going to vote against it. CHAIRMAN TAYLOR: C oner McDaniel. COMMISSIONER McDANI Yes. I completely understand, and I concur with ith regard to the support of the Constitution and the Bill s by the folks up here. I've seen that today in the -- in the siveness that's been created by this ordinance coming or A�d. I agree wit4s2mmissioner LoCastro about that confirmation in MY support o e00fistitution and the Bill of Rights, but this is a -- this is ith nsequences. Are there unintended consequences? Potentially, lutely. As we said, every time we make a decision up h are potential for unintended consequences. Doyle, I consider him my friend, but he certainly isn't an ex on the Sheriff and the ultimate power that the Sheriff, in fact, has or doesn't have and what the Sheriff can or cannot do. That's not the basis for my decision. There were a lot of people that came and spoke today who were impassioned, who were emotional, who made representations that weren't correct, and I believe that's one of those Page 277 July 13, 2021 statements that are not correct. So that's -- that's certainly not a basis for my decision in support for bringing this forward. I want to reiterate this was not done in a vacuum. There was an enormous amount of time, work, and energy put into this with the Sheriff, with the Sheriffs lawyer. He cam before us two weeks ago and spoke not only of his support, b that he wished to carry it to the entire state of Florida Sheri Association coming up here in the end of the month an ON Id like to have it passed to having been supported by his local ment. So like Commissioner Solis, I think I've said h. CHAIRMAN TAYLOR: Well, I'll just i . I have a real problem when you combine this ordinanc t e passing of this ordinance or the support of this ordin e with my belief in the -- in support of the Constitution an P11 of Rights. That gives me a great deal of -- I think UL think that's -- it's almost like a trap, and I don't like it. Z5� I don't like the fact that u ection 5 in the penalties it says that anyone accused of b ' I I iolation of this ordinance. So, Mr. John Cox, I can accus ou of something, and then I can take you to court. You don't haye to be convicted. You just have to be accused of it. is the wording here. MR. CO A right. Let's just change that word. MS. E R: Every lawsuit is. It's an allegation. MR. Let her talk. AN TAYLOR: I have a problem with the fact that t t Attorney -- and I'll have to depend on my at y -- attorneys up here -- doesn't determine constitutionality; the ederal court does, and to me this is a stated -- a stated reason for this is to change the length of time that someone spends in -- to bring something forward from -- from taking it out of a federal court and making it local so there's not so much time between the time of the Page 278 July 13, 2021 beginning of the case until the end. Ms. Heuser told me that in the meeting that I had with her. This may have been vetted before they brought it to us, but as I explained to so many people in this three-week period that I met with, it is the custom of this board that when very important issu like this come before us that there is meetings with every commissioner ahead of time to explain it, and the reason I no before is that I was very concerned that there would be ments that didn't represent this ordinance. Then I found o there was no -- there was no movement to change it; that it e presented as it was presented three weeks ago. I feel that this ordinance is unnecessary. eel that nullification -- I have to depend on the le o_ inions that I've heard throughout the day about the standald ication. I don't think this is something that we need to 'm afraid I'm not going to be able to support it. So we have a motion on or and a second, and the motion is to support the ordinan sented. All those -- COMMISSIONER ANIEL: With that one little change. CHAIRMAN TAYLO With the change for the -- COMMISS ER McDANIEL: Attorney's fees. CHAIRV�` N YLOR: -- attorney's fees. All those in favor, say aye. COM IONER LoCASTRO: Aye. SSIONER McDANIEL: Aye. IRMAN TAYLOR: Those opposed. MMISSIONER SOLIS: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: It fails 3 -2. Now what I would like to do is make a statement, and I'd like to do it through a resolution. Page 279 July 13, 2021 This is a resolution, and all my colleagues have it up here as a resolution of the Board of County Commissioners of Collier County. Now, as our attorney told us three weeks ago, a resolution reconfirms what you believe in. An ordinance decides -- is put forward if there was a problem. There's not a problem with us believing in the Bill of Rights and the Constitution. We swor oath, and I think we take it all very seriously. So this is a reinstatement of it. (3 Whereas, the Constitution of the United States o erica is the law of the land; and, Whereas, Collier County, Florida, is pa t ited States of America and where Collier County, Florida, c i s its commitment to equal justice under the law; and, Whereas, Collier County, Florida s, upholds, and adheres to the Constitution of the tates of America, the Bill of Rights, and the laws of the Unit ates. Now, therefore, be it resg�'vect-by the Board of County Commissioners of Collief C'Iy, Florida, that the County Commission of Collier Ctyy, Florida, reaffirms its loyalty, its patriotism, and its alleg,*nce to the United States Constitution, its Bill of Rights, its a ments, and the dually constituted laws, acts, orders, rules, re lations of the United States of America, and that these ave Xce in Collier County as they do in the rest of the United Sta w and in perpetuity. _ ' ike to see if I have any support to pass this resolution thi!; -"e%rng. COMMISSIONER LoCASTRO: Can I just ask a question? I mean, as the newest commissioner, how does this change from what -- isn't there something on the books right now previous commissioners and maybe some of you already passed, a resolution? Is this just a reaffirmation and a newer date, basically, but very Page 280 July 13, 2021 similar -- CHAIRMAN TAYLOR: Yes. COMMISSIONER LoCASTRO: -- verbiage? COMMISSIONER McDANIEL: Similarly, yes. I think it was 2012 we were -- CHAIRMAN TAYLOR: But it was specifically about Second Amendment in ' 12, I believe, correct? MR. KLATZKOW: It was about -- it was about t n issue, yes. COMMISSIONER LoCASTRO: So this w ' supersede that, right? That would still be valid because t o ething totally different, correct? MR. KLATZKOW: That's somethi that actually would fall within the four corners of this. COMMISSIONER LoCAST f this, right? So this would absorb that, right? MR. KLATZKOW: Th' amendments. This is -- COMMISSIONER RO: This would absorb that probably, right? I mean, lack of a better term, it would absorb the Second Amendmenkresolution. MR. KLATA�OW: No. It doesn't absorb it, but it's consistent with it. Two-Te olons are consistent. CO I NER LoCASTRO: Okay. CHA N TAYLOR: So I'd like to suggest -- I'd like to mak n that we as a board adopt this resolution this evening. MISSIONER LoCASTRO: I mean, let me ask a question, an 't' , you know, to my colleague, Commissioner McDaniel. Since he did a lot of the legwork on the first one, you know, I'd just like to hear your thoughts. I mean, you know, this resolution is quite a bit different than an ordinance. What are your thoughts? COMMISSIONER McDANIEL: Well, I have the similar Page 281 July 13, 2021 thoughts that I had before. I mean, I'd certainly support this ordinance -- I mean, this resolution. This is -- again, we've already determined that resolutions are an affirmation of what we've already said. And our colleagues have already said that they would certainly reaffirm it without consequences, and so there is no consequence with this. . se Again, we're -- without going back into why I supporte e original ordinance that's already failed, which I hate tha Qle do -- I'm not going to do that. I'm going to support t this resolution and go forth and persevere. CHAIRMAN TAYLOR: Commissione a e s. A COMMISSIONER SAUNDERS: nd I s pport the resolution also. I do have a question. T -- t the end of the "now therefore" paragraph, you've got noV i uity. I'm not sure -- maybe that -- �, CHAIRMAN TAYLOR: In e etuity. COMMISSIONER SA S: -- should stay in there. COMMISSIONER EL: That's forever, isn't it? CHAIRMAN TAYL r : No. But attorneys don't believe in perpetuity. . COMMISSIONER SAUNDERS: Well, it's not so much that. It's that you have la and acts and orders that change from time to time. COMVM5IONER McDANIEL: I was just going to say, ask the CouatyXttorney what the definition of in perpetuity is. AIRMAN TAYLOR: Three votes. N4R' . KLATZKOW: With respect to you guys, it's three votes. 'COMMISSIONER SAUNDERS: Well, no problems with the way it is. I was just a little concerned about that. CHAIRMAN TAYLOR: Sir, what do you think? MR. KLATZKOW: It's the pleasure of the Board. Page 282 July 13, 2021 CHAIRMAN TAYLOR: You're comfortable with the "in perpetuity"? MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: All right. MR. KLATZKOW: Forever and ever. COMMISSIONER SAUNDERS: Has the motion been seconded? I think -- CHAIRMAN TAYLOR: No, it hasn't. O COMMISSIONER McDANIEL: You did seco CHAIRMAN TAYLOR: Okay. There's a on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: CHAIRMAN TAYLOR: Aye, COMMISSIONER SAUND N ye. COMMISSIONER McDANI Aye. CHAIRMAN TAYLOR: se opposed, like sign. (No response.) CHAIRMAN TAYL Thank you very much. Thank you, all. You stayed with ustto the very end. UNIDENT D SPEAKER: Biden doesn't use the Constitution. TAYLOR: So we're down under communici^, I'm assuming. It(xt 4 5 STAYFF AND COMMISSION GENERAL COMMUNICATIONS MR. ISACKSON: Commissioners, that brings us to Item 15, communications. Seeing the late hour, ma'am, in good conscience -- Page 283 July 13, 2021 CHAIRMAN TAYLOR: Oh, no. We're not going to see you until September, so at least we can talk about that. MR. ISACKSON: Well, I will tell you that the Board will meet -- we won't meet, but the staff will meet in absentia for three meetings during the vacation. There's a resolution that governs at I can and cannot do during the in absentia vacation process. t Resolution No. 2000-149. My actions will be governed b t resolution, so -- and it's typical protocol. So we are prep e and can deal with anything that comes up during the rece ' ,Nf a meeting needs to be -- needs to be called, we have provisio calling a meeting in the event that one needs to be hap in Nether it's a natural disaster pending or anything like that. o we're prepared for it. CHAIRMAN TAYLOR: Thapk KAnd our first meeting in September is when, sir? He has t up. Ha. MR. ISACKSON: I've got toxat the calendar. CHAIRMAN TAYLOR: ANn't remember. COMMISSIONER,"IEL: I could tell you in two shakes. Give me a secon&, COMMISSIONEWSAUNDERS: September 8th. CHAIRM TAYLOR: September 8th. MR. IS S It's the second Tuesday in September. CO I NER McDANIEL: And we've got the budget hearing .on eptember -- SSIONER LoCASTRO: Fourteenth. MISSIONER SAUNDERS: We have a budget hearing, I th t, before that. COMMISSIONER McDANIEL: September 9th is -- we have a budget hearing. MR. ISACKSON: Ninth and 23rd. COMMISSIONER McDANIEL: We have the 9th and the Page 284 July 13, 2021 23rd, and our first actual meeting's the 14th. CHAIRMAN TAYLOR: Okay, the 9th. So 9th is budget, and we did pass a millage rate, for everyone listening, if you're still listening, so... COMMISSIONER LoCASTRO: And that budget meetin 'n the evening, 5:00 p.m.? MR. ISACKSON: Yes, 5:05, sir. CHAIRMAN TAYLOR: County Attorney? O MR. KLATZKOW: I just wish all of you a res cess. CHAIRMAN TAYLOR: Thank you. Mr. Miller, you did an outstanding job. a ou so much this evening. MR. MILLER: Thank you. COMMISSIONER LoCASTRQ: erri, her fingers are bloody. CHAIRMAN TAYLOR: 1 as extraordinary. Commissioner Solis. COMMISSIONER Nothing other than to wish everyone a good recess. CHAIRMAN TA) jLO Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I just -- you know, to just make some closing comments on this. You know, there's disappointe-d pple that are out there. I know I'm going to put this in my nexfu�Ietter. But, you know, democracy won here today. You l ow, you can't -- you can't throw stones at elected officials b one vote didn't go your way. regardless, we move forward. We have a lot of things to do in this county. This is an important one. Citizens certainly have the right to bring it back in a different way, and that's what makes democracy great. But, you know, I was really more encouraged today with what I heard. Maybe the vote didn't go my way, but I Page 285 July 13, 2021 don't sit here and pout. We've got a lot to do in this county with a two -billion -dollar budget and a lot of things that need to be done, and these are the five people up here that are going to do it. And I have no doubt that all of them support the Constitution and the Bill of Rights. We might have a little different way of going about it, ZN now we press on. We leave here, and it's one decision, one v And that's the way democracy works. CHAIRMAN TAYLOR: Commissioner Saunders N6 COMMISSIONER SAUNDERS: I just want t Pik our staff for your perseverance this evening as well as the that came here, and we still have a couple folks that are i e I think it's important -- I think this break i o for our staff gives, you some time to, you know, relax Aittle bit, not have to put together a large agenda book every JwA And to my colleagues, I lookto seeing all of you hopefully not until September, b 1 CHAIRMAN TAYLOR:_ COMMISSIONER to get ahold of us. e need a meeting in August -- RS : -- the Manager knows how CHAIRMAN TAYLOR: Commissioner McDaniel. COMMIS TER McDANIEL: I want to echo the same sentiments. nk ou, everybody, for doing what you're doing. I can't expr s h happy I am with our entire management team and all of the st Collier County. ' ,.gt so you know, I'm going to publicly wish my daughter a hapyt nth birthday today. That's what I've been doing. The dad ware for her 25th birthday. And I think you have a birthday today as well, Madam Chair. CHAIRMAN TAYLOR: My granddaughter's birthday's today, too. I won't ask you how old your daughter is. COMMISSIONER McDANIEL: Twenty-five. Page 286 July 13, 2021 CHAIRMAN TAYLOR: My granddaughter turned 12. COMMISSIONER McDANIEL: Oh, your granddaughter turned 12. CHAIRMAN TAYLOR: Yep. COMMISSIONER McDANIEL: Kellie is 25 today. CHAIRMAN TAYLOR: Well, I do have one small thirgg. We're going to start the Army Corps of Engineers Feasibilit Stakeholders meeting next week, and I'd like to see if I e upport to be the appointment from this board to attend those ings. COMMISSIONER SAUNDERS: Unless so dy else wants to do it, I'll make the motion, or at least nod i e i ative yes. COMMISSIONER McDANIEL: If you o t ind -- I'd love --happy for you to do it. I just wan be kept in the loop, if you can -- CHAIRMAN TAYLOR: Yep, COMMISSIONER McDANIOL,- -- and we can do it legally, of course. CHAIRMAN TAYLOR;- Just know that it's -- it is in the Sunshine. There will be a, -court reporter there. Terri, I don't know if you've gotten no ice Vf that. We are going to have the meetings transcribed for t takeholders. We do not anticipate too many stakeholders e tin at the beginning because, basically, we're going to go and ak re there's no overlap in what the community's comin an ng us, getting it condensed, and then turning it over to th al task force. MISSIONER McDANIEL: I just -- I know, myself, I've be proached by several folks that are impacted and have opinions on this Army Corps study, enormous concern. And so it's important, if you're going to be our designee, that we're kept in the loop. CHAIRMAN TAYLOR: We'll keep you in the loop. Absolutely. Page 287 July 13, 2021 COMMISSIONER McDANIEL: I've done as much as I can to quell the rumor mill. CHAIRMAN TAYLOR: The most important thing the public has to understand, we have two full years before we have to make a decision; two full years. N COMMISSIONER McDANIEL: And we have a decisi make. The decision is not made. CHAIRMAN TAYLOR: No, and the decision has, Obeen made. COMMISSIONER McDANIEL: Correct*41 CHAIRMAN TAYLOR: And we havee dership with POI our Deputy County Manager, Amy Patterson,she'll be leading both. She knows about it. So -- and then as far as this mepti ain, am impressed because I live in Collier County. ressed with the participation, the patience of the e here, the way they respected everyone and each other, and ' reaffirms my faith that this is a great county. And, clearly, this wa civic lesson extraordinaire, and I hope that the schools un er .*you know, kind of look at this and maybe learn from this, ause this is not -- there's no -- there was no script today, and th ewe passionate people on both sides voicing their opinions, ad 1 akes me very glad to be an American. 1 nanlyow, everyone. we have one more. ISACKSON: I just want to reiterate your first regular boeeting in September is the 14th. Your first budget hearing is the th at 5:05. Your second and final budget hearing is on the 23rd at 5:05, just to make sure. CHAIRMAN TAYLOR: We'll have a nice vacation, everyone. Thank you very much. And until September... July 13, 2021 ""Commissioner * *Commissioner McDaniel moved, seconded by Commissioner Solis and carried that the following items under the Consent and Summary Agendas be approved and/or adopted**** WM:3[�: RECORDING THE FINAL PLAT OF MAPLE RIDG MARIA PHASE 7A, (APPLICATION NUMBER P APPROVAL OF THE STANDARD FORM CON AND MAINTENANCE AGREEMENT AMOUNT OF THE PERFORMANCE Item # 16A2 RESOLUTION 202 ] -141: FIN ROADWAY AND DRAINA ACCEPTANCE OF THBoft� PLAT OF ADDISON P PL20170004121; MAINTENANCE Item # 1 AZAV E V0002567) CTION AL OF THE �r ��►�EPTANCE OF PRIVATE MPROVEMENTS, AND EDICATIONS, FOR THE FINAL APPLICATION NUMBER �TD,#kUTHORIZE THE RELEASE OF THE ECURITY FINPTANCE OF THE POTABLE WATER AND SD1NAWfTILITY FACILITIES AND ACCEPT THE ANCE OF A PORTION OF THE POTABLE WATER ITY FACILITIES FOR THE QUAIL CREEK PLAZA, PL20210000816 Page 289 July 13, 2021 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR MOORINGS PARK AT GRANDE LAKE - PHASE THREE CLUBHOUSE), PL20210001194 Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER ANO�� SEWER UTILITY FACILITIES AND ACCEPT THE 0 CONVEYANCE OF A PORTION OF THE POTABATER UTILITY FACILITIES FOR THE INLAND VIL PL20210000392 Item # 16A6 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR DA LEWATER AND :OSSINGS, PL20120001771 AND PL20210000904, ACC "VHE CONVEYANCE OF A PORTION OF THE POTAVWWATER AND SEWER FACILITIES, AND AU ;QRIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RJELtASE THE UTILITIES PERFORMANWECURITY (UPS) IN THE AMOUNT OF $595162.94 DEVELOt Item .*I PROJECT ENGINEER OR THE ESIGNATED AGENT RRVOLUTION 2021-142: APPROVING FINAL ACCEPTANCE OF TOTABLE WATER, WASTEWATER, AND NON -POTABLE IRRIGATION WATER FACILITIES, AND RELATED CONVEYANCES, FOR ALL OUTSTANDING UTILITIES PROJECTS THAT QUALIFY FOR FINAL ACCEPTANCE, Page 290 July 13, 2021 AUTHORIZE THE RELEASE OF RELATED UTILITIES PERFORMANCE SECURITIES AND AUTHORIZE THE TRANSFER OF THE ASSOCIATED FINAL ACCEPTANCE OBLIGATIONS CASH BOND(S) TO THE COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT. (THIS IS A COMPANI ITEM TO ITEM #17B. BOTH ITEMS MUST BE EITHER , � APPROVED OR DENIED TOGETHER ON TODAY' S A6WDA Item #16A8 �v AUTHORIZING THE CLERK OF COURTS �ASE A PERFORMANCE BOND IN THE AMOUNT $ 5,000 WHICH WAS POSTED AS A GUARANTY FOR�iX AVATION PERMIT NUMBER PL20190002540 FOR WO OCIATED WITH THE SHOPPES AT FIDDLER'S v Item # 16A9 AUTHORIZING THE C OF COURTS TO RELEASE A PERFORMANCE BOT D THE AMOUNT OF $42,820, WHICH WAS POSTED A GUARANTY FOR EXCAVATION PERMIT NUMBER P�,18 01208, FOR WORK ASSOCIATED WITH MAPLE R CENTER — LAKE #6A EXPANSION Item A DING INVITATION TO BID ("ITB") NO. 21-7837 "PU CHASE AND DELIVERY OF AGGREGATES" TO GRIPPO PAVEMENT MAINTENANCE INC. AND J & Y GROUP ENTERPRISES LLC, AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENTS Page 291 July 13, 2021 Item # 16A 11 RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN ACCRUED VALUE OF $679513.21 FOR PAYMENT OF $119857.719 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. �+ ALBERT HOUSTON, SR., CODE ENFORCEMENT BO CASE NO.2006070939 CEB NO.2007-64, RELATIN PROPERTY FOLIO #25631120101, COLLIER CO, , FLORIDA Item # 16A 12 RELEASE OF A CODE ENFORCF EN, WITH AN ACCRUED VALUE OF $629600 YMENT OF $700 IN THE CODE ENFORCEMENT A N TITLED BOARD OF a® COUNTY COMMISSIONE . HAD BARANCYK, RELATING TO PROPE GATED AT 1974 COUNTESS CT, COLLIER COUNTY FL IDA I Item # 16A 13 AFTER-T CT APPROVAL OF THE SUBMITTAL OF THE 2021 REB ING AMERICAN INFRASTRUCTURE WITH SUS ILITY AND EQUITY (RAISE) GRANT A TION, SPONSORED BY THE UNITED STATES D TMENT OF TRANSPORTATION, FOR THE GOLDEN GA E PARKWAY COMPLETE STREETS PROJECT, IN THE AMOUNT OF $31,249,450 Item # 16A 14 Page 292 July 13, 2021 A DEVELOPER AGREEMENT PROVIDING FOR THE ACQUISITION OF LAND AND EASEMENTS FOR ROADWAY AND RELATED IMPROVEMENTS AT THE ENTRANCES TO GREYHAWK, REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION Item # 16A 15 AN AGREEMENT BETWEEN COLLIER COUNTWWD OLDE FLORIDA GOLF CLUB FOR THE INSTALLA MAINTENANCE BY THE PROPERTY OWE LANDSCAPING IN THE RIGHT-OF-WAY NLONG THE VANDERBILT BEACH ROAD EXTENWN'PROJECT AND THE ACQUISITION OF LAND (Pk � 172FEE) REQUIRED FOR CONSTRUCTION OF THE�Ii�Q CT Item # 16A 16 �� Cd A PURCHASE AGREE&T FOR THE ACQUISITION OF A .. Q FEE INTEREST IN UNMPROVED LAND IN IMMOKALEE (PARCEL 121FA) NEEDED FOR CONSTRUCTION AND MAINTENAYI E CESS TO STORMWATER DRAINAGE IMPROVF,ME XTS FOR THE EDEN GARDENS SEGMENT OF THE IMM EE STORMWATER IMPROVEMENT PROJECT NO. THE AMOUNT OF $1,700 Item 6A 17 PURCHASE AND SALE AGREEMENT TO ACQUIRE A FEE INTEREST IN UNIMPROVED LAND ON AUTO RANCH ROAD (PARCEL 112FEE) NEEDED FOR THE STORMWATER Page 293 July 13, 2021 MANAGEMENT IMPROVEMENTS AS PART OF LAKE PARK FLOW WAY, PROJECT NO. 602465 IN THE AMOUNT OF $144,200, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS lffmlffj mlool? A PURCHASE AND SALE AGREEMENT TO ACQU 10A FEE INTEREST IN UNIMPROVED LAND ON AUTO H ROAD (PARCEL 110FEE) NEEDED FOR THE STO ER MANAGEMENT IMPROVEMENTS AS PA L KE PARK FLOW WAY PROJECT NO. 60246 IN THE T OF $144,200, AND TO AUTHORIZE THE C SARY BUDGET AMENDMENTS Item # 16A 19 y WORK ORDER WITH ON & MOORE ENGINEERS TO PROVIDE PROFESSIO SUPPORT SERVICES FOR THE APPLICATION OF A CIO IFICATION TO PERMIT NO. 0142538-018-JWP ALLOW DREDGED SAND TO BE PLACED ON DELNO - 1 INS STATE PARK BEACH, UNDER THE �L CURRENRY SERVICES CONTRACT # 18-7432-CZ, FOR TIM MATERIAL NOT TO EXCEED $36,102.00, AUT THE NECESSARY BUDGET AMENDMENT, Al X � IZE THE CHAIRMAN TO EXECUTE THE WORK AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item # 16A20 Page 294 July 13, 2021 THE SELECTION COMMITTEE'S RANKING OF REQUEST FOR PROFESSIONAL SERVICES ("RPS") NO. 21-7881, "OLD LELY UTILITIES IMPROVEMENTS," AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH TOP RANKED FIRM, JOHNSON ENGINEERING, INC. Item # 16A21 STAFF TO ADVERTISE AN ORDINANCE ORDINANCE NO. 2019-011 THE FLOODP ORDINANCE, TO ALLOW THE INTERIO ENCLOSED AREAS BELOW ELEVATED STRUCTURES TO BE TEMPERA AGEMENT 1S OF GS AND OLLED Item # 16A22 THE SELECTION COMMIT FINAL RANKING FOR REQUEST FOR PROF L SERVICES ("RPS") NO. 21-7857, "DESIGN- LD SERVICES OF GOLDEN GATE PARKWAY OVER SAJk;TA BARBARA CANAL BRIDGE REPLACEMEtG 99 AND AUTHORIZE STAFF TO BEGIN CONTRACT IATIONS WITH THE TOP -RANKED FIRM, THOMAS A NE CONSTRUCTION, INC. SO THAT STAFF CAN B PROPOSED AGREEMENT BACK FOR THE BO ONSIDERATION AT A SUBSEOUENT MEETING Itehi 6A23 RESOLUTION 2021-143 : AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013-571 TO CHANGE THE TIMING OF Page 295 July 13, 2021 THE SOIL AND/OR GROUNDWATER SAMPLING RESULTS FOR GOLF COURSE CONVERSION, BY AMENDING CHAPTER THREE, QUASI-JUDICIAL PROCEDURES WITH A PUBLIC HEARING, MORE SPECIFICALLY SECTION K. COMPATIBILITY DESIGN REVIEW AND CHAPTER FOU , ADMINISTRATIVE PROCEDURES, SECTION N, INTEN► CONVERT APPLICATION FOR GOLF COURSE CONVERSIONS; AND TO INCREASE THE MAILE &LIC NOTIFICATION DISTANCE REQUIREMENT FO ND USE PETITIONS WITHIN THE RURAL AND URB LDEN GATE ESTATES OF THE GOLDEN GATE ASTER PLAN BY AMENDING CHAPTER EIGHT, WALIC NOTICE - GENERALLY, CONTENTS, CATEGO S F NOTICE, AND NOTICE RECIPIENTS, SECTIO�CROVIDING AN Z010NION EFFECTIVE DATE. (THIS IS A TO ITEM #17C Item # 16A24 AWARDING REQUESs R PROFESSIONAL SERVICES ("RPS") NO. 21-7 47, "DLETTE-FRANK ROAD DITCH IMPROVEMEN& DESIGN SERVICES" TO WATER RESOURCEYF4AINAGEMENT ASSOCIATES, INC., IN THE TOTAL 11VT OF $598,817, AUTHORIZE THE CHAIR TO SIGN TH EMENT, AND AUTHORIZE THE NECESSARY BU ENDMENT S Ite 6A25 DETERMINING A VALID PUBLIC PURPOSE AND AUTHORIZE PAYMENT, IN THE AMOUNT OF $6501 FOR Page 296 July 13, 2021 COLLIER COUNTY PLANNING COMMISSIONER TO ATTEND FLORIDA CHAMBER OF COMMERCE 35TH ANNUAL ENVIRONMENTAL PERMITTING SUMMER SCHOOL, AN ENVIRONMENTAL PERMITTING SEMINAR FOR THE DATES OF JULY 21-23, 2021 Item # 16A26 MODIFICATIONS TO SUBGRANT AG H0459, AND H0469 WITH THE FLORIDA D EMERGENCY MANAGEMENT. RECOMNU EXTEND THE PERIOD OF PERFORMAN AGREEMENTS NO. H0452 FREEDOMifV AND NO. H0459 UPPER GORDOZT IMPROVEMENTS TO NOVEMBEI THE PERIOD OF PERFO H0469, PINE RIDGE ESTA IMPROVEMENT TO D - Item # 16A27 A_ c ,kS. H04521 OF 1N TO PUMP STATION HANNEL 3� 2022, AND EXTEND OR AGREEMENT NO. RMWATER ER 31. 2021 AWARDINGeMVIIPATION TO BID ("ITB") NO. 21-7852-ST "BRIDGE -RE CEMENT -BRIDGE PACKAGE D-1 BRIDGE - GRANT F ED" TO QUALITY ENTERPRISES USA, INC. IN THE T OF $2,664,766.70 AND AUTHORIZE THE C N SIGN THE AGREEMENT RELATED TO PROJECT N 066, "ELEVEN BRIDGE REPLACEMENTS EAST OF SR 29" AND APPROVE NECESSARY BUDGET AMENDMENTS Item # 16A2 8 Page 297 July 13, 2021 AWARDING OF INVITATION TO BID ("ITB") NO. 21-7887 "RANDALL BLVD AT EVERGLADES BLVD INTERSECTION IMPROVEMENTS" TO PAVEMENT MAINTENANCE, LLC. IN THE AMOUNT OF $1,10901.92 AND AUTHORIZE THE CHAIR TO EXECUTE THE CONSTRUCTION SERVICES AGREEMENT AND APPROVE THE BUDGET AMEND Item # 16A29 sp RESOLUTION 2021-144: A LOCAL AGENCYTN RAM (LAP) AGREEMENT IN THE AMOUNT OF $2109H FLORIDA DEPARTMENT OF TRANSPORFDOT) TO RECEIVE REIMBURSEMENT FORT E ENT OF BRIDGE NO. 030138 ON IMMOK�kAD (CR 846), RELATED TO PROJECT NO. 6 EVEN BRIDGE REPLACEMENTS EAST OF SR , TO EXECUTE A RESOLUTION MEMORIAL106 THE BOARD' S ACTION, AND TO AUTHORIZE AMENDMENT I Item # 16A3 0 CESSARY BUDGET COUNTY AGER OR HIS DESIGNEE TO COLLABORATE WITH TH LES BOTANICAL GARDEN, INC., REG THE INSTALLATION OF LANDSCAPING Npff%ALS ON DAMS BOULEVARD (SR 84) FROM SANTA B ARA BOULEVARD TO COLLIER BOULEVARD, AND DI CT THE COUNTY MANAGER OR HIS DESIGNEE TO APPLY FOR CONSTRUCTION GRANT FUNDING OPPORTUNITIES WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") July 13, 2021 Item # 16A31 AWARDING REQUEST FOR PROFESSIONAL SERVICES ("RPS") NO. 20-7818, "DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS," TO JOHNSON ENGINEERING, INC., IN THE TOTAL AMOUNT OF $1,024jf)6, AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16A32 SUBMITTAL OF A DERELICT VESSEL R'V�AL GRANT APPLICATION FOR $14,455 TO THE F RIDA FISH AND WILDLIFE COMMISSION FOR T�I VAL OF ONE (1) DERELICT VESSEL FROM CO OUNTY WATERWAYS AT NO COST TO THE COU CHAIRMAN TO EXECUTE Item # 16A3 3 AR AUTHORIZE THE RANT APPLICATION APPOINTING T.ITY SCOTT, GROWTH MANAGEMENT DEPUTY DEPARINIENT HEAD, TO EXECUTE THE FEDERAL TRANSIT AD NISTRATION' S ("FTA") ANNUAL CERTIFIC4tKiNS AND ASSURANCES FOR BOARD APP GRANTS AND GRANT APPLICATIONS T H THE FTA' S TRANSIT AWARD MANAGEMENT S M ("TRAMS") SYSTEM, AND AUTHORIZE THE CHAIR TO IGN THE DESIGNATION OF SIGNATURE AUTHORITY FORM Item # 16A34 Page 299 July 13, 2021 AUTHORIZING THE NECESSARY BUDGET AMENDMENTS TO REALLOCATE FUNDS WITHIN THE GROWTH MANAGEMENT DEPARTMENT STORMWATER CAPITAL FUND 325 AND STORMWATER BOND FUND 327 Item #16A35 ��r DIRECTING THE COUNTY MANAGER OR HIS DE1EE TO WORK WITH FLORIDA DEPARTMENT OF o% TRANSPORTATION TO ADVANCE FPN 4258 -75 (SR 93) AT SR951 INTERCHANGE IMPROVEME STATE FISCAL YEAR 24/25 TO 22/23 r Item # 16A3 6 AUTHORIZING BUDGET AME ENTS FOR THE GROWTH MANAGEMENT DEPART IN THE AMOUNTS OF $4,10090009 TO ALLOC RASTRUCTURE SURTAX FUNDING TO 16TH ST T NE BRIDGE PROJECT NO. 60212 Item # 16A3 7 I THE CH R SIGN A COOPERATION AGREEMENT WITH THE SOU ORIDA WATER MANAGEMENT DISTRICT, FLO RESTRY SERVICE, AND THE COUNTY TO P FOR THE IMPLEMENTATION OF THE PICAYUNE S D RESTORATION PROJECT, WHICH IS A COMPONENT OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN, AND TO ENTER INTO MUTUAL GENERAL RELEASES RESPECT TO VARIOUS AGREEMENTS BETWEEN THE BOARD AND THE STATE WITH RESPECT TO Page 300 July 13, 2021 ANY RIGHTS THE COUNTY MAY HAVE, IF ANY, TO PUBLIC ACCESS WITHIN THE PICAYUNE STRAND Item # 16A3 8 RESOLUTION 2021-145: PETITION VAC-PL2020000076 DISCLAIM, RENOUNCE AND VACATE THE COUNT THE PUBLIC INTEREST IN A PORTION OF THE UTIL1VY EASEMENT AS RECORDED IN OFFICIAL REC OOK 1435, PAGE 2017 OF THE PUBLIC RECORDS LLIER COUNTY, FLORIDA LOCATED APPROXV858). 1000-FEET EAST OF U.S. 41 AND DAVIS BOULEVA SOUTH OF DAVIS BOULEVARD, WITHIN TRIANGLE LAKE, AS RECORDED OF THE PUBLIC RECORDS OFAC(S IN SECTION I I, TOWNSHIP COLLIER COUNTY, FLORID 14 & 15 OF VT BOOK 4, PAGE 38 ,R COUNTY, FLORIDA , RANGE 25 EAST, Item # 16B 1 I THE BOARD O OUNTY COMMISSIONERS, ACTING AS THE COM IT REDEVELOPMENT AGENCY BOARD, APPROV A AUTHORIZE THE CHAIRMAN TO EXECUTE A LANDS IMPROVEMENT GRANT AGREEMENT BET HE COMMUNITY REDEVELOPMENT AGENCY JEHOLAS AND ELIZABETH REID IN THE AMOUNT OF FOR THE PROPERTY LOCATED AT 2841 SHOREVIEW DRIVE, NAPLES, FLORIDA 34112 LOCATED WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Page 301 July 13, 2021 Item# 16132 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD, APPROVE AND AUTHORIZE THE CHAIRMAN TO EXEC E A SITE IMPROVEMENT GRANT AGREEMENT BETW1�+ E COMMUNITY REDEVELOPMENT AGENCY AND NIC'LAS AND ELIZABETH REID IN THE AMOUNT OF $6,7 FOR THE PROPERTY LOCATED AT 2841 SHOREVIE IVE, NAPLES, FLORIDA 34112 LOCATED WITHIN BAYSHORE GATEWAY TRIANGLE CO REDEVELOPMENT AREA Item #16133 THE BOARD OF COUNTY COSSIONERS, ACTING AS THE COMMUNITY REDEV MENT AGENCY BOARD, APPROVE AND AUT HE CHAIRMAN TO EXECUTE A COMMERCIAL BUIL G IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND SOUTHERN REGION DE C)'pivIENT, LLC, IN THE AMOUNT OF $3000.0RFTHE PROPERTY LOCATED WITHIN THE BAYSHOA"ATEWAY TRIANGLE COMMUNITY AREA AT 2600 DAVIS BOULEVARD Ite 6134 — Title to read: Recommendation to approve the Bayshore Gateway Triangle Public Art Pilot Plan (Plan) for the Bayshore Gateway Triangle Community Redevelopment Area and authorize staff to submit a proposed change to the Land Development Page 302 July 13, 2021 Code related to murals in the Bayshore Gateway Triangle Community Redevelopment Area (Per Agenda Change Sheet) THE BAYSHORE GATEWAY TRIANGLE PUBLIC ART PLAN y (PLAN) FOR THE BAYSHORE GATEWAY TRIANGLE N COMMUNITY REDEVELOPMENT AREA AND AUTHO91z' 4� STAFF TO SUBMIT A PROPOSED CHANGE TO THE LA NO' DEVELOPMENT CODE RELATED TO MURALS IN THY BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA OnN) Item # 16C 1 RESOLUTION 2021-146: SATISF,.AC, OF LIEN FOR THE 1992, 1993, 1994, AND 1995 SO V KSTE COLLECTION AND DISPOSAL SERVICES SPECI ESSMENTS WHERE THE COUNTY HAS RECEIVED ENT IN FULL SATISFACTION OF TFJr S. FISCAL IMPACT IS $68.50 TO RECORD THE SATISFAN ON OF LIEN Item # 16C2 ACCEPTI G E DONATION OF 2 SPINNER BOWLS AND 1 TIP CAR EL WITH BRACE FROM THE NORTHSIDE KIW. UNDATION INC. AND APPROVE THE T RY RIGHT OF ENTRY AGREEMENT WITH P SION CONTRACTING SERVICES, INC. TO INSTALL DO ATED PLAYGROUND EQUIPMENT AT THE IMMOKALEE COMMUNITY PARK Item # 16C3 Page 303 July 13, 2021 CERTIFICATION OF FINANCIAL RESPONSIBILITY REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN CONNECTION WITH THE RENEWAL OF AN EXISTING PERMIT TO OPERATE A NON -HAZARDOUS CLASS 1 INJECTION WELL SYSTEM zs, COLLIER COUNTY'S SOUTH COUNTY REGIONAL W TREATMENT PLANT (SCRWTP) FACILITY ON CITY 6 X DRIVE Item # 16C4 TERMINATING AGREEMENT #20-7804 JANITOMAL SERVICES WITH CLEAN SPACE, INC. Old CONVENIENCE, AND ACTIVATING WITH SECON VENDORS, UNITED STATES SERVICE INDUSTRIE .1 D/B/A USSI, AMERICAN FACILITY SERV NC., AND HIGH SOURCES, INC., AS THE P$ RY VENDORS FOR JANITORIAL SERVICF� Item # 16C5 THE AGREEMENT SECOND A1��1D�►iENT TO CITY OF NAPLES AIRPORT AUTHOR T �F.ASEHOLD AGREEMENT LAND LEASE NORTH Q RANT LAND FILL SITE FOR THE NAPLES REC CENTER ON BEHALF OF THE SOLID WASTE D Item- # 16C6 A DISTRICT OFFICE LEASE AMENDMENT WITH CONGRESSMAN MARIO DIAZ-BALART FOR CONTINUED Page 304 July 13, 2021 USE OF COUNTY -OWNED OFFICE SPACE Item # 16C7 THE SELECTION COMMITTEE'S RANKING OF REQUES FOR PROFESSIONAL SERVICES ("RPS") NO. 21-78849 "DESIGN SERVICES FOR NEW CHILLER PLANT BUI G K, JAIL GENERATOR AND PLATFORM," AUTHOF STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH STOP RANKED FIRM, MATERN PROFESSIONAL E - EERING, INC., TO BRING A PROPOSED AGREEM FOR THE BOARD'S CONSIDERATION AT A FUTU TING Item #16C8 PURCHASE ORDER TO US W SERVICES CORPORATION, IN THE A T OF $435,105.01, REQUEST FOR QUOTATION #19 - 2.25, "PUMP STATION NO. 302.25 REHABILITATI " AND AUTHORIZE THE NECESSARY BU GEC' AMENDMENT PROJECT NO. 70145 Item # 16C9 zl� THE C1qUV1qrS STANDARD FORM TEMPORARY ACCESS EAS AGREEMENT ("AGREEMENT") WITH AN A ROVISION THAT PROVIDES AN ALLOWANCE FOR NABLE ATTORNEY FEES TO REVIEW THE AG Item # 16C 10 Page 305 July 13, 2021 UPDATED LANGUAGE TO THE RIGHT -OF -ENTRY AND PERPETUAL DRIVEWAY ACCESS AND MAINTENANCE AGREEMENT FORM THAT IS UTILIZED FOR THE SOLID WASTE DIVISION'S DESIGNATED DRIVEWAY PROGRAM Item # 16C 11 AN INTERLOCAL AGREEMENT WITH THE DIST SCHOOL BOARD OF COLLIER COUNTY, FLOR TO FACILITATE THE STATUTORY LAND EXCH OF PROPERTY REQUIRED FOR THE VANDBEACH ROAD EXTENSION Item # 16C 12 CHANGE ORDER # 1 TO PUR "BUILDINGS C1/C2 RELIABi E ORDER NO.45002099551 5RADES" ISSUED UNDER AGREEMENT NO. 19- 7ILDING AUTOMATION E ENERGY MANAGEMSERVICES, FROM JUICE TEC1 NOLOGI^ESS INV*. WB/A PLUG SMART ("PLUG SMART"), IN THE AMOU_,�I, OF $98.157.75 (PROJECT NO. 50221) Item # 16 S w 3, ING FUNDING WITHIN THE PUBLIC UTILITIES SER FEE CAPITAL PROJECT FUND (414 Item # 16C 14 THE SELECTION COMMITTEE" S FINAL RANKING AND AUTHORIZE STAFF TO ENTER CONTRACT NEGOTIATIONS Page 306 July 13, 2021 WITH THE TOP -RANKED FIRM, O-A-K/FLORIDA, INC. D/B/A OWEN-AMES-KIMBALL COMPANY, RELATED TO REQUEST FOR PROPOSAL ("RFP") NO.21-7883-ST "CONSTRUCTION MANAGER AT RISK FOR MAIN CAMPUS UPGRADE (MCU)" Item # 16C 15 A LEASE AGREEMENT WITH UNITED STATES S RICK SCOTT FOR USE OF COUNTY -OWNED OFA WITHIN THE ADMINISTRATION BUILDING GOVERNMENT CENTER J NOR SPACE MAIN Item # 16C 16 AWARDING REQUEST FOR Q : ON #2021-200 "GROWTH MANAGEMENT D TMENT (GMD) PARKING GARAGE REHABILITATIO JECT," UNDER AGREEMENT NO. 19-753 UAL AGREEMENT FOR GENERAL CONTRACTOR SERVICES, TO EBL PARTNERS LLC., IN THE AV)U�iT CIF $749,900 AND AUTHORIZE THE NECESSARY W&bGET AMENDMENT Item # 16 po 7 G THE CHAIRMAN TO SIGN THE FLORIDA OF EMERGENCY MANAGEMENT HAZARD ATION GRANT #H0419 AGREEMENT MODIFICATION FOR FIFTY-THREE (53) PORTABLE GENERATORS, WITH A 25% MATCH OBLIGATION REQUIREMENT AND APPROVE THE NECESSARY BUDGET AMENDMENTS (PROJECT NO. 33667) Page 307 July 13, 2021 Item # 16C 18 A UTILITY EASEMENT WITHIN COUNTY RIGHT-OF-WAY FOR EXISTING AND PROPOSED WASTEWATER FACILITIES AT AN ESTIMATED COST NOT TO EXCEED $50, PROJE #70014.3 4 14 Item # 16C 19 O FIRST AMENDMENT TO AGREEMENT NO. 1 59 "ANNUAL AGREEMENT FOR GENERAL CTORS," FOR COUNTY -WIDE GENERAL CONTRA SERVICES WITH CHRIS-TEL COMPANY OF SOtM EST FLORIDA, INC. D/B/A CHRIS TEL CONSTRU WRIGHT CONSTRUCTION GROUP, INC.-,,AL CONTRACTORS, LLC, COMPASS CONSTRUCTI C. AND EBL PARTNERS, LLC. Item # 16C20 i AN ADDENDU TO THE ORANGE TREE INTEGRATION AGREEME HORIZING THE COUNTY TO VACATE 7 +/- ACRES THE WATER TREATMENT PLANT PORTION AT THE FVWER ORANGE TREE UTILITY COMPANY' S TREXTIEkT PLANT PROPERTY, WHICH IS NO LONGER R D BY THE COUNTY Item # 16C21 CHANGE ORDER NO. 2 TO AGREEMENT NO. 19-76509 "GOLDEN GATE GOLF COURSE REDEVELOPMENT Page 308 July 13, 2021 PLANNING AND ENGINEERING," WITH DAVIDSON ENGINEERING, INC., AUTHORIZE THE CHAIR TO SIGN THE CHANGE ORDER, AND AUTHORIZE STAFF TO NEGOTIATE PHASES TWO AND THREE UNDER THE AGREEMENT, SO THAT A PROPOSED AMENDMENT MA BE BROUGHT BACK FOR THE BOARD'S CONSIDERATE AT A SUBSEQUENT MEETING PROJECT NO. 80412' Item # 16D 1 �• "AFTER -THE -FACT" CONTRACT AMENIaAM CORRESPONDING ATTESTATION STAT LTNT WITH THE AREA AGENCY ON AGING FOR SOU WTEST FLORIDA, INC., FOR THE COMMUNITY C4 HE ELDERLY GRANT PROGRAM FOR SERV R SENIORS TO DECREASE THE ALLOCATIO D THE SUPPORTING BUDGET AMENDMENT \> Item # 16D2 AN "AFTER-T FACT" AMENDMENT AND AN ATTESTAT S TEMENT WITH AREA AGENCY ON AGING FOR THWEST FLORIDA, INC., FOR THE EMERGE OME ENERGY ASSISTANCE PROGRAM TO ?NTS Item # 16D3 CT LANGUAGE AND REPLACE ACCEPTING AND APPROPRIATING A DONATION OF $29500 FROM THE NAPLES WOMAN' S CLUB TO SUPPORT THE Page 309 July 13, 2021 COLLIER COUNTY PUBLIC LIBRARY' S PEE -WEE SUMMER READING PROGRAM AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item # 16D4 AN "AFTER -THE -FACT" FIRST AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA A AGING FOR SOUTHWEST FLORIDA, INC., CO CONSOLIDATED APPROPRIATIONS ACT F THE OLDER AMERICAN ACT GRANT PING N�Y ON .VIRUS G UNDER OR THE COLLIER COUNTY SERVICES FOR SENIC�RSPROGRAM TO REVISE ALLOCATIONS FOR SERVICE. UPDATE CONTRACT LANGUAGE, AND A NECESSARY BUDGET 64.733.40 Item # 16D 5 50 ZE THE (NET FISCAL IMPACT: THE FIRST AME D4EN`I' TO THE DRUG COURT DISCRETION GRANT PROGRAM AGREEMENT BETWEEN Cc6LL COUNTY AND THE DAVID LAWRENCE MENTAL E RAMS CENTER, INC., AND THE OFFICE OF JUSTICE CHECKLIST TO DETERMINE SUB NIT OR CONTRACTOR CLASSIFICATION It�6D6 AUTHORIZING THE CHAIRPERSON TO SIGN THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY Page 310 July 13, 2021 SHERIFF'S OFFICE, TO INCREASE THE AWARD AMOUNT BY $16,862 Item # 16D7 FIRST AMENDMENT TO AGREEMENT NO. 20-041-NS MTO COMMERCIAL ENERGY SPECIALISTS, LLC FOR THR PREVIOUSLY APPROVED SINGLE -SOURCE PURGAASE OF BECS TECHNOLOGY CHEMICAL AND POOL FIXATION SYSTEM, PARTS, AND MATERIALS FOR TH T -N-FUN LAGOON, INCREASE THE AUTHORIZE ITURES UNDER THE AGREEMENT, AND PROVID AN ANNUAL PRICING UPDATE AND DISCOUNT T?" Item # 16D 8 AUTHORIZING THE CHAeS ON TO SIGN THREE (3) SUBRECIPIENT AGR ETWEEN COLLIER COUNTY AND IMMOKALEE FIR CONTROL DISTRICT ($225,000), LEGAL AID SERVICFyOV BROWARD COUNTY, INC., D/B/A LEGAL AID S ICE OF COLLIER COUNTY ($308,382), AND YOUTH HA fNc., ($682,000) TO ASSIST IN THE PREVENT,10 REPARATION, AND RESPONSE TO COVID-19 UNDER T OMMUNITY DEVELOPMENT BLOCK GRANT G "Jim, • It� 6D9 AUTHORIZING THE CHAIRPERSON TO SIGN TWO (2) AGREEMENTS BETWEEN COLLIER COUNTY AND (A) NAPLES SENIOR CENTER AT JFCS, INC., AND (B) Page 311 July 13, 2021 REDLANDS CHRISTIAN MIGRANT ASSOCIATION FOR COVID-RELATED ACTIVITIES UNDER THE COLLIER COUNTY ASSISTANCE PROGRAM Item # 16D 10 RESOLUTION 2021-147: THE 2022-2024 URBAN CO� COOPERATION AGREEMENT WITH CITY OF NAqAo AUTHORIZE THE CHAIRPERSON TO SIGN TH OCIATED AGREEMENT AND RESOLUTION, AND AUT ZE STAFF TO FORWARD THE SUPPORTING DOCU A ION TO THE U.S. DEPARTMENT OF HOUSING AND U DEVELOPMENT A Item # 16D 11 WAIVING THE BOARDeBBQ ED RENTAL FEE TO ALLOW THE IMMOKALEE PISEUM AT ROBERTS RANCH TO HOST THE FARM C2021 AT NO COST TO FARM CITY BBO OF COLLITR BOUNTY. INC. Item # 16D 12 THE CHA SON TO SIGN ONE (1) MORTGAGE SAT ION FOR THE STATE HOUSING INITIATIVES P SHIP LOAN PROGRAM IN THE AMOUNT OF $5,200 A UTHORIZE THE ASSOCIATED BUDGET AMENDMENT Item # 16D 13 FOURTH AMENDMENT BETWEEN COLLIER COUNTY AND Page 312 July 13, 2021 PRESTIGE HOME CENTERS, INC., TO EXTEND THE AGREEMENT TERM AND INCREASE FUNDING IN THE AMOUNT OF $44,170 FOR THE STATE HOUSING INITIATIVES PARTNERSHIP DEMOLITION AND/OR REPLACEMENT OF MANUFACTURED HOUSING PROGR Item # 16D 14 AWARDING INVITATION TO BID (ITB) #21-789 SW CORNER OF BLUEBILL AVENUE AND VAF DRIVE IRRIGATION AND LANDSCAPE,' 5 LANDSCAPING AND IRRIGATION, INC., $136,264.90, AND AUTHORIZE THE A- Aa� AMOUNT OF TO SIGN THE Item # 16D 15 .J THE FY2020 ANNUAL 6ESS REPORT OF THE COLLIER COUNTY TRANSIT DE OPMENT PLAN AND AUTHORIZE ITS SUBMISSION TO, TH FLORIDA DEPARTMENT OF TRANSPORTA N Item # 16D 6�, REA TION OF PREVIOUSLY APPROVED BEACH PARK F ES FUNDING WITHIN THE EXISTING BAREFOOT B PARKING AND ROAD PROJECT AND TO MAKE THE FIN ING THAT THE EXPENDITURES PROMOTE TOURISM Item # 16D 17 Page 313 July 13, 2021 THE CHAIRPERSON TO SIGN AN AGREEMENT BETWEEN TIDAL BASIN GOVERNMENT CONSULTING, LLC, ACTING AS A REPOSITORY OF GRANT RECIPIENT INFORMATION, AND COLLIER COUNTY FOR THE PURPOSE OF DATA SHARING BETWEEN THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES "OUR FLORIDA" PROGRAM AND THE U.S. TREASURY EMERGENCY RENTAL ASSISTANCE PROGRAM ADMINISTERED BY COLLIER COUNTY TO AS NO DUPLICATION OF BENEFITS e� Item # 16E 1 AN ASSUMPTION AGREEMENT, NG ALL RIGHTS, DUTIES AND BENEFITS, AND ATIONS TO COMMERCIAL ENERGY SPEC STS, LLC, UNDER AGREEMENTS #20-041-NS ` S CHEMICAL AND POOL FILTRATION SYSTEM^ #18-7376 "NON -BULK CHEMICALS, REAGENT Item # 16E2 AWARDI G REEMENT NO. 21-005-NS, "SUPPORT BY THE HOUR A ENT," WITH SAFRAN HELICOPTER ENGINES USA. OR HELICOPTER ENGINE MAINTENANCE AND AND POOL SUPPLIES" P EPL,ACEMENT FOR THE RECENTLY ACQUIRED 20 IRBUS HELICOPTER, AND APPROVE ANNUAL EXITENDITURES IN EXCESS OF $50.000 AS A SOLE SOURCE Item # 16E3 Page 314 July 13, 2021 RESOLUTION 2021-148: REMOVAL OF UNCOLLECTIBLE ACCOUNTS RECEIVABLES IN THE AMOUNT OF $45015.00 FROM THE FINANCIAL RECORDS OF THE EMERGENCY MEDICAL SERVICES DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-252 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE RESOLUTION Item #16E4 �Q RESOLUTION 2021-149: AUTHORIZING THE R�#OVAL OF 8,023 AMBULANCE SERVICE ACCOUNT THEIR RESPECTIVE UNCOLLECTIBLE ACCO CENABLE BALANCES WHICH TOTAL $5,374,56 . 9, ROM THE ACCOUNTS RECEIVABLE OF CQ OUNTY FUND 490 (EMERGENCY MEDICAL SER I'B� FINDING DILIGENT EFFORTS TO COLLECT HAVE N EXHAUSTED AN PROVED UNSUCCESSFUL Item # 16E5 I MODIFICATIO TO THE 2021 FISCAL YEAR PAY & CLASSIFIC O LAN WHICH CONSISTS OF THREE NEW CLASSIF CA NS, THE REMOVAL OF FOUR OBSOLETE CLASSIFI " ONS AND THREE RECLASSIFICATIONS MADE FRO,APRIL 1, 2021 THROUGH JUNE 30, 2021 Item 916E6 AUTHORIZING THE CHAIR TO EXECUTE STATE -FUNDED SUBGRANT AGREEMENT NO. A0182 ACCEPTING A GRANT AWARD TOTALING $105,806 FROM THE FLORIDA DIVISION Page 315 July 13, 2021 OF EMERGENCY MANAGEMENT FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT (PROJECT NO. 33747) Item #16E7 AUTHORIZING THE CHAIR TO EXECUTE A FED LY FUNDED SUBGRANT AGREEMENT TO ACCEP E ANNUAL EMERGENCY MANAGEMENT PEANCE GRANT G0267 (EMPG) IN THE AMOUNT 1$76 FOR EMERGENCY MANAGEMENT PLANNINE PONSE, AND MITIGATION EFFORTS AND TO AU R ZE THE NECESSARY BUDGET AMENDIYI���ROJECT NO. 33748) Item # 16E8 AWARDING REQUES OPOSAL ("RFP") NO. 20-7772, "AUDIO VIDEO EQUIP NT FOR FOUR EMS TRAINING ROOMS," TO UN TEI� D TA TECHNOLOGIES, INC., AUTHORIZE T14C CHAIR TO SIGN THE AGREEMENT, AND AUTHORIZU/,kLLIKECESSARY BUDGET AMENDMENTS Item # 6Eq. STRATIVE REPORT PREPARED BY THE PMCAJREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item # 16E 10 Page 316 July 13, 2021 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item # 16E 11 THE PURCHASE OF GROUP LIFE INSURANCE, A ENTAL DEATH INSURANCE, LONG TERM DISABILIT URANCE, AND SHORT-TERM DISABILITY CLAIMS A MILY MEDICAL LEAVE ACT ADMINISTRATILS . CES, COLLECTIVELY REFERRED TO AS AGRIWMENT NO. 21-029- NS, FROM THE STANDARD 1NSURAI�E OMPANY FOR A THREE-YEAR PERIOD EFFECTIV %iARY 1, 2022, IN THE ESTIMATED ANNUAL AMOZNHE 808,780, AND AUTHORIZE THE CHAIR TO MASTER AGREEMENT Item # 16E 12 Ao AN ASSUMPT AGREEMENT ASSIGNING ALL RIGHTS, DUTIES AN E FITS, AND OBLIGATIONS TO UNIVERS,,AL NTROLS INSTRUMENT SERVICES, INC. FOR AGREEM #20-7750 "INSTRUMENT CALIBRATION, REP REPLACEMENT SERVICES" It� 6F 1 AWARDING REQUEST FOR PROFESSIONAL SERVICES ("RPS") NO. 21-7868, "IMPACT FEE STUDIES & FISCAL Page 317 July 13, 2021 ANALYSIS," TO TINDALE OLIVER & ASSOCIATES INC., AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT Item # 16F2 RESOLUTION 2021-150: APPROVING AMENDMENTS N (APPROPRIATING GRANTS, DONATIONS, CONTRIB S OR INSURANCE PROCEEDS) TO THE FY20-21 AD D BUDGET � Item # 16F3 A REPORT COVERING BUDGET RESERVES AND MOVING FUNDS AND INCLUDING $25,000 Item # 16F4 ENTS IMPACTING 'AMOUNT UP TO RESPECTIVELY A BUDGET AMENDM� FOR THE FACILITIES MANAGEMENT DIVJ,�ION IN THE AMOUNT OF $25,0005000 FROM THE INSTRUCTURE SALES TAX RESERVE FUND (318) TO FkTPIECOLLIER COUNTY MENTAL HEALTH FACILITY Item.# AM90RIZING THE EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDS FOR CLAM PASS MAINTENANCE IN THE AMOUNT OF $357,739.80 FOR CONSTRUCTION, ENGINEERING AND SURVEYING, MONITORING, AND PERMITTING, AUTHORIZE THE Page 318 July 13, 2021 NECESSARY BUDGET AMENDMENTS, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item # 16F6 THE USE OF TOURIST DEVELOPMENT TAX PROMOT FUNDS TO SUPPORT THE UPCOMING SEPTEMBER SPORTS TOURISM EVENT UP TO $3,820 AND MA FINDING THAT THIS EXPENDITURE PROMOT RISM Item # 16F7 AWARDING REQUEST FOR PROPOS ( P) #21-7860 "TOURISM RESEARCH SERVICrS" WNS & ST. GERMAIN RESEARCH, INC.; KE A FINDING THAT THIS ACTION PROMOTES TO Item # 16F 8 RESOLUTION 2021- lyl : IXING SEPTEMBER 9, 2021, 5:05 P.M., IN THE T D FLOOR BOARD ROOM, 3299 EAST TAMIAMI TVA IL, APLES, FLORIDA, AS THE DATE, TIME AND PLACE R THE PUBLIC HEARING FOR APPROVING THE SPE ASSESSMENT (NON -AD VALOREM ASS T) TO BE LEVIED AGAINST THE PROPERTIES PELICAN BAY MUNICIPAL SERVICE TAXING ENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, MANAGEMENT OF THE DREDGING AND MAINTENANCE Page 319 July 13, 2021 ACTIVITIES FOR CLAM PASS FOR THE PURPOSE OF ENHANCING THE HEALTH OF THE AFFECTED MANGROVE FOREST AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE A�, INCLUDING THE RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE REPLACE�16�j S WITHIN THE MEDIAN AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES AND,iACH RENOURISHMENT, ALL WITHIN THE PELI MUNICIPAL SERVICE TAXING AND BEl] M Item #16F9 AMENDMENTS TO ARTICLE 2"ARTICLE 42 OF THE COLLECTIVE BARGAINING MENT BETWEEN COLLIER COUNTY AND T LLIER EMS/FIRE BARGAINING UNIT, N FIREFIGHTERS AND P INTERNATIONAL, ADO INCORPORAT Item # 16F l0 ST FLORIDA PROFESSIONAL ✓IEDICS, LOCAL 1826, TION OF FIREFIGHTERS, DI STAFF TO DEVELOP A WORKFORCE D PMENT GRANT AGREEMENT WITH THE I LEE FOUNDATION, TO OFFSET DEVELOPMENT CO TS ON A HOUSING SUBDIVISION FOR THE CAREER PATHWAYS LEARNING LAB, IN THE AMOUNT OF $50010001 AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO Page 320 July 13, 2021 EXECUTE THE AGREEMENT, AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS Item # 16G 1 AFTER -THE -FACT SUBMITTAL OF THE AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT APPLICA THE FEDERAL AVIATION ADMINISTRATION REQ1 APPROXIMATELY $1,819,841 FOR THE CONS THE REHABILITATION AND WIDENING OF AT EVERGLADES AIRPARK WITH A TffLA COST OF $2,022,045 �r Item # 1611 MISCELLANEOUSCORRESPOIZI; NCE Page 321 TING TION OF AY 15/33 [ATED July 13, 2021 Item # 16J 1 A BUDGET AMENDMENT RECOGNIZING A FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS, 2021 ELECTION SECURITY FUNDS GRANT AWARD IN THE AMOUNT OF $75,000 Item # 16J2 �O THE BOARD APPROVE AND DETERMINE V PUBLIC PURPOSE FOR INVOICES PAYABLE ANTQ D� ASING CARD TRANSACTIONS AS OF NLY 7, 20�'1 y Item # 16J3 TO RECORD IN THE COMMISSIONERS, THE PAYMENT METHOD) WHICH THE REFERE 4 N. 'ES ..0 HE BOARD OF COUNTY NUMBER (OR OTHER .S T, PAYEE, AND PURPOSE FOR DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JUKE 10, 2021 AND DUNE 30, 2021 PURSUAl i TO FLORIDA STATUTE 136.06 Item # 16A A B AMENDMENT RECOGNIZING $900,000 IN R ES AND EXPENDITURES IN THE SHERIFF'S OFFICE F 1 GENERAL FUND BUDGET Item # 16K 1 RESOLUTION 2021-152: APPOINTING LARRY HOLLOWAY Page 322 July 13, 2021 TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE Item # 16K2 AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMEN., AGREEMENT AND MUTUAL RELEASE IN THE LAW STYLED ANITA VAGNOZZI V. COLLIER COUNT �ARD OF COUNTY COMMISSIONERS (CASE NO. 19-CA- ,NOW PENDING IN THE CIRCUIT COURT OF THE TIETH JUDICIAL CIRCUIT IN AND FOR COLLI C 'TY, FLORIDA, FOR THE SUM OF $405000 TO A D BY THE CONTRACTOR WITH NO EXPOSURF.O HE COUNTY Item # 16K3 AUTHORIZING THE C AGREEMENT AND MA STYLED ANNETTE 0 A(�% 60" 'Z�N- 'y EXECUTE A SETTLEMENT � LEASE IN THE LAWSUIT V. COLLIER COUNTY BOARD OF COUNTY COMMISSIQNERS (CASE NO. 19-CA-0743), NOW PENDING IN TRT CIRCUIT COURT OF THE TWENTIETH JUDICIAL Co(Ubf IN AND FOR COLLIER COUNTY, FLORIDA Item.#16K4 F( ,THE SUM OF $10,000 AORIZING THE CHAIR TO SIGN AN AMENDMENT TO RE NTION AGREEMENT FOR LEGAL SERVICES WITH THE WORKERS' COMPENSATION LAW FIRM OF KELLEY STIFFLER PLLC. Page 323 July 13, 2021 Item # 16K5 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $101000.00 WITH PRO SE RESPONDENT FOR THE TAKING OF PARCEL 1196RDUEI REQUIRED FOR VANDERBILT BEA ROAD EXPANSION PROJECT NO. 60168 4 ��N- Item # 16K6 O Y STIPULATED FINAL JUDGMENT IN THE A OF $61000.00 WITH PRO SE RESPONDENTS E TAKING OF PARCEL 1180RDUE1 REQUIRED FOR VA ILT BEACH ROAD EXPANSION PROJECT NO. 601A Item # 16K7 A STIPULATED FINAL J] $531400.00 WITH PRO� OF PARCELS 335FEE AN VANDERBILT BEAC)I R 60168 �. Item # 1 NT IN THE AMOUNT OF ONDENTS FOR THE TAKING > 3 3 5 TDRE, REQUIRED FOR AD EXPANSION PROJECT NO. STIPD FINAL JUDGMENT IN THE TOTAL AMOUNT O 0 PLUS $17,657 IN STATUTORY ATTORNEYS' FEES A OS AND EXPERT FEES AND COSTS, FOR THE TA ING OF PARCEL 184FEE, REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 AND DELEGATE AUTHORITY TO THE COUNTY MANAGER OR HIS DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL Page 324 July 13, 2021 STATUTORY ATTORNEY' S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT. Item # 16K9 A STIPULATED FINAL JUDGMENT IN THE TOTAL A T OF $75,000, PLUS $17,601 IN STATUTORY ATTOR S' FEES AND COSTS AND EXPERT FEES AND COSTS, F HE TAKING OF PARCEL 210FEE9 REQUIRED FO DERBILT BEACH ROAD EXTENSION PROJECT N 6 ND DELEGATE AUTHORITY TO THE COUN NAGER OR HIS DESIGNEE TO PROCESS PAYME O ADDITIONAL STATUTORY ATTORNEY' S FEFtS PPLEMENTAL PROCEEDINGS, IF ANY, AS A IZED BY CH. 73, FLA. STAT. Item #16K10 "q (Z�' A STIPULATED FINS, JUDGMENT IN THE AMOUNT OF $12690009 PLU 4,612 IN STATUTORY ATTORNEYS' FEES AND COSTU(CEL ,�XPERT FEES AND COSTS, FOR THE TAKING OF 186FEE9 REQUIRED FOR VANDERBILT BEACH RV*"EXTENSION PROJECT NO. 60168, AND DELKGATk AUTHORITY TO THE COUNTY MANAGER OR f GNEE TO PROCESS PAYMENT OF ADDITIONAL ORY ATTORNEY' S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT. Item # 16K 11 Page 325 July 13, 2021 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $120,000, PLUS $22,085 IN STATUTORY ATTORNEYS' FEES AND EXPERT FEES, FOR THE TAKING OF PARCEL 194FEE, REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K 12 A STIPULATED FINAL JUDGMENT IN THE $69,000, PLUS $15,106 IN STATUTORY ATT AND COSTS AND EXPERT FEES AND C6S TAKING OF PARCEL 225FEE, REQUIRED BEACH ROAD EXTENSION PROJECT/NO Item # 16K 13 A STIPULATED FINAL $68,000, PLUS $15,205 AND COSTS AND EX] o� ANDERBILT NT IN THE AMOUNT OF ATTORNEYS' FEES FEES AND COSTS, FOR THE TAKING OF PARCEL A 2 4FEE, REQUIRED FOR VANDERBILT BEACH ROADGTENSION PROJECT NO. 60168 Item # 1 AS $ .? FINAL JUDGMENT IN THE AMOUNT OF LUS $13,885 IN STATUTORY ATTORNEYS' FEES A OSTS AND EXPERT FEES AND COSTS, FOR THE TA NG OF PARCEL 1218FEEI REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K 15 Page 326 July 13, 2021 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $70,000 PLUS STATUTORY ATTORNEYS' FEES IN THE AMOUNT OF $9,240 AND EXPERT FEES AND COSTS IN THE AMOUNT OF $499009 FOR THE TOTAL AMOUNT OF $849140 FOR THE TAKING OF PARCEL 1233FEE9 REQUIRED FOR VANDERBILT BEACH ROAD EXPANSION PROJECT NOS Item # 16K16 A STIPULATED FINAL JUDGMENT IN T A T OF $60,000, PLUS $14,553 IN STATUTORY A EYS' FEES AND COSTS AND EXPERT FEES AN O TS, FOR THE TAKING OF PARCEL 1215FEE, ICE. FOR VANDERBILT BEACH ROAD EXTENSION PRAT NO. 60168 Item # 16K17 A STIPULATED FINAL GMENT IN THE AMOUNT OF $57,000, PLUS $1 ,88�*IN STATUTORY ATTORNEYS' FEES AND COSTS EXPERT FEES AND COSTS, FOR THE TAKING OF R L 1212FEE9 REQUIRED FOR VANDERBILT BEACH A XTENSION PROJECT NO. 60168 Item A ULATED FINAL JUDGMENT IN THE AMOUNT OF Y$20 ,000, PLUS $32,839 IN STATUTORY ATTORNEYS' FEES AND COSTS AND EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL 180FEE9 REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Page 327 July 13, 2021 Item # 16K 19 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $69,000 PLUS STATUTORY ATTORNEYS' FEES IN THE AMOUNT OF $8,910 AND EXPERT FEES AND COSTS IN AMOUNT OF $4,900, FOR THE TOTAL AMOUNT OF $8 , FOR THE TAKING OF PARCEL 1213FEE, REQUIRED VANDERBILT BEACH ROAD EXPANSION PROJE, O. 60168 Item # 16K20 A STIPULATED FINAL JUDGMENT OF $39,000, PLUS $15,589 IN STAT AND COSTS AND EXPERT FE TAKING OF PARCEL 1253RD VANDERBILT BEACH RO d-II' TOTAL AMOUNT ATTORNEYS' FEES COSTS, FOR THE QUIRED FOR E S I ON PROJECT NO. 60168 AND DELEGAT tLVfORITY TO THE COUNTY MANAGER OR HIS DE NEE TO PROCESS PAYMENT OF ADDITIONAL STATUTO Y ATTORNEY' S FEES FOR SUPPLEMENTPROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, AT. Item # 16K A_ ATED FINAL JUDGMENT IN THE AMOUNT OF $ 0, PLUS $18,682.50 IN STATUTORY ATTORNEYS' FEES AN COSTS AND EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL 1116FEE, REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Page 328 July 13, 2021 Item # 16K22 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $56,500, PLUS $15,725 IN STATUTORY ATTORNEYS' FEES AND COSTS AND EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL 185FEE, REQUIRED FOR VANDE BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K23 �V' STIPULATED FINAL JUDGMENT IN THE T OF $75,000 PLUS $8,619.00 IN STATUTORY A EYS' FEES AND EXPERT FEES, FOR THE TAKI O PARCEL 1227FEE, REQUIRED FOR VANDERBILT $E AD EXTENSION PROJECT NO. 60168 AND DEL AUTHORITY TO THE COUNTY MANAGER OR HIS NEE TO PROCESS PAYMENT OF ADDITION FEES, IF ANY, FOR SUYN AUTHORIZED BY CH. ATUTORY ATTORNEY' S gTAL PROCEEDINGS AS FLA. STAT. 1, Item # 16K24 A STIPU T FINAL JUDGMENT IN THE AMOUNT OF $13600 STATUTORY ATTORNEYS' FEES IN THE AM F $25,773 AND EXPERT FEES AND COSTS IN THE A OF $5,000, FOR THE TOTAL AMOUNT OF $166,773 F E TAKING OF PARCEL 1184RDUE, REQUIRED FOR VA DERBILT BEACH ROAD EXPANSION PROJECT NO. 60168 Item # 16K25 Page 329 July 13, 2021 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $61,000, PLUS $14,496 IN STATUTORY ATTORNEYS' FEES AND COSTS AND EXPERT FEES AND COSTS, FOR THE TAKING OF PARCEL 1119FEE5 REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K26 14� � , A STIPULATED FINAL JUDGMENT IN THE AMWSOT OF $134,400.00 PLUS $29,761.48 IN STATUTORY RNEYS' FEES AND EXPERT FEES AND COSTS, F'TAKING OF PARCELS 1235FEE AND 1237FEE5 REQUI OR VANDERBILT BEACH ROAD EXTENJN PROJECT NO. � Item # 16K27 A STIPULATED FINAIAV ENT IN THE AMOUNT OF $137,000 PLUS $32,044 TATUTORY ATTORNEYS' FEES AND COSTS AND EXE T FEES AND COSTS, FOR THE TAKING OF P ELS 222FEE AND 224FEE5 REQUIRED FOR VANDERBI'`'. CH ROAD EXTENSION PROJECT NO. 60168 Item 41 dL2X — Paragraph 11 is amended as follows: tam and owing, to be disbursed to the Collier C Aor shall be $97.44 (Per Agenda Change Sheet) The amount of Tax A STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $75,000 PLUS $11,754.75 IN STATUTORY ATTORNEYS' FEES AND EXPERT FEES AND COSTS, FOR Page 330 July 13, 2021 THE TAKING OF PARCEL 188FEE5 REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. Item # 16K29 STIPULATED FINAL JUDGMENT IN THE AMOUNT 014 $67,000, PLUS $14,517 IN STATUTORY ATTORE F NEES AND COSTS AND EXPERT FEES AND COSTS, F HE TAKING OF PARCEL 1243FEE5 REQUIRED FqikNJANDERBILT BEACH ROAD EXTENSION PROJECT NOS Item #16K30 A STIPULATED FINAL JUDG I , N THE AMOUNT OF $125,000 PLUS $22,920 IN STkfL 16RY ATTORNEYS' FEES AND COSTS AND EXPERT jl)�S AND COSTS, FOR THE TAKING OF PARCELS E AND 1170FEE5 REQUIRED FOR VANDERBILT BE H ROAD EXTENSION PROJECT NO. "' 60168 AND DELEGAX AUTHORITY TO THE COUNTY MANAGER O S DESIGNEE TO PROCESS PAYMENT OF ADDITIONA T TUTORY ATTORNEY'S FEES FOR SUPPLE L PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73 . STAT. Item f 6 31 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $85,000 PLUS $15,875.74 IN STATUTORY ATTORNEYS' FEES AND EXPERT FEES AND COSTS, FOR THE TAKING OF Page 331 July 13, 2021 PARCEL 1240FEEI REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K32 — Paragraph 8 is amended as follows: taxes due and owinLy, to be disbursed to the Collier C The amount of ounty Tax N." Collector shall be $97.44 (Per Agenda Change Sheet) ,t CN STIPULATED ORDER OF TAKING AND STIPULA JUDGMENT IN THE TOTAL AMOUNT OF $601000 SE RESPONDENT FOR THE TAKING OF PARCir REQUIRED FOR VANDERBILT BEACH RO PROJECT NO. 60168 Item # 16K3 3 A STIPULATED FINAL JUDG. AL .E 'EE, SION 'S1V1�IN THE AMOUNT OF $62,350 PLUS $14,273.34 IN -'TORY ATTORNEYS' FEES AND EXPERT FEES AND S, FOR THE TAKING OF PARCEL 196FEE, RE FOR VANDERBILT BEACH ROAD EXTENSION PRO CT NO. 60168 AND DELEGATE AUTHORITY T THECOUNTY MANAGER OR HIS DESIGNEE TO PROCESS A ENT OF ADDITIONAL STATUTORY ATTORNE E S FOR SUPPLEMENTAL PROCEEDINGS, IF ANY ASWaIT RIZED BY CH. 73 FLA. STAT. A SP'ULATED FINAL JUDGMENT IN THE AMOUNT OF $73,808 PLUS $16,851.33 IN STATUTORY ATTORNEYS' FEES AND EXPERT FEES AND COSTS, FOR THE TAKING OF Page 332 July 13, 2021 PARCEL 240FEE, REQUIRED FOR VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 17A RESOLUTION 2021-153: AMENDING THE COLLIER CO WATER -SEWER DISTRICT'S UTILITIES STANDARD MANUAL TO IMPROVE THE UTILITY CONVEY PROCESS (THIS IS A COMPANION ITEM TO #1 Item # 17B ORDINANCE 2021-24: AMENDING UTILITIES STANDARDS AND PIV IMPROVE THE UTILITIES COWS A COMPANION TO ITEMS # ] Item #17C � C(3LLIER COUNTY S ORDINANCE TO CE PROCESS (THIS IS # 17A) ORDINANCE 2021-25�AMENDING ORDINANCE NUMBER 04-411 AS AM ED, THE COLLIER COUNTY LAND DEVELOP T DE, WHICH INCLUDES THE COMPREHE VE LAND REGULATIONS FOR THE UNINCO TED AREA OF COLLIER COUNTY, FLORIDA, TO C THE DENSITY CALCULATION FOR SINGLE- F , TWO-FAMILY AND DUPLEX DWELLING UNITS ON L NON -CONFORMING LOTS OF RECORD IN THE RMF- 6 Z NING DISTRICT, TO INCREASE PUBLIC NOTIFICATION DISTANCES FOR LAND USE PETITIONS WITHIN THE RURAL AND URBAN GOLDEN GATE ESTATES, AND TO CLARIFY THE REQUIREMENTS FOR SOIL AND GROUNDWATER Page 333 July 13, 2021 SAMPLING IN THE DEVELOPMENT REVIEW PROCESS FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALL AMENDING THE FOLLOWING: CHAPTER ONE - GENE PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITI%449; CHAPTER THREE - RESOURCE PROTECTION, IN(*'ODING SECTION 3.08.00 ENVIRONMENTAL DATA I EMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDA NCLUDING SECTION 5.05.15 CONVERSION OF GOL S S; CHAPTER NINE - VARIATIONS FROM C REQUIREMENTS, INCLUDING SECT .03.03 TYPES OF NON -CONFORMITIES; CHAPTER PPLICATION, REVIEW, AND DECISION -MA OCEDURES, INCLUDING SECTION 10.03.05 UIRED METHODS OF PROVIDING PUBLIC NOTI • ECTION FOUR, CONFLICT AND SEVERABILITY; N FIVE, INCLUSION IN THE COLLIER COUNTY LA DEVELOPMENT CODE; AND SECTION SIX, EFFEVI E DATE. [PL20190002818, PL20200002505,4 PL20200002512] (THIS IS A COMPANION TO ITEM #1 3)Y Item #17DtP� O CE 2021-26: AMENDING ORDINANCE NO. 02-51, T 'AWMETKA PLAZA PLANNED UNIT DEVELOPMENT BY ADDING A THIRD ACCESS DRIVE ON WIGGINS PASS ROAD FOR DELIVERY VEHICLES; BY MODIFYING THE TRANSPORTATION COMMITMENT FOR TURN LANES; AND ADDING DEVIATIONS FOR ADDITIONAL SIGNAGE AND A Page 334 July 13, 2021 REDUCTION TO A LANDSCAPE BUFFER; BY REVISING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 34+/- ACRES, IS LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (CR 888) AND TAMIAMI TRAIL NORTH (US Z*1� IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAS , COLLIER COUNTY FLORIDA. PL20190001489 Item #17E Av ORDINANCE 2021-27: REPEALING COL � TY ORDINANCE NO. 2018-55 WHICH CREAT �'"1 E COLLIER COUNTY FUEL PUMP SECURITY ORBgNAL��VCE Item #17F RESOLUTION 2021-154: AP ING AMENDMENTS (APPROPRIATING CA RWARD, TRANSFERS AND SUPPLEMENTAL REV EL TO THE FY20-21 ADOPTED BUDGET Item # 17G a RESOLD '2021-155: A RESOLUTION PROPOSING AME TS TO THE COLLIER COUNTY GROWTH ,MENT PLAN, ORDINANCE 89-05, AS AMENDED, R ING TO THE DENSITY BONUS POOL WITHIN THE BA SHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND SPECIFICALLY AMENDING THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY OF THE FUTURE LAND USE ELEMENT, TO Page 335 July 13, 2021 CHANGE REQUIREMENTS FOR THE USE OF THE DENSITY BONUS POOL; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20210000603] (TRANSMITTAL HEARING) (COMPANI� LAND DEVELOPMENT CODE AMENDMENTS, TO BE PRESENTED WITH THIS PETITION DURING THE AD�' ON HEARING) r C� Item # 17H <� NOTE: THIS ITEM WAS IMPROPERLY ERTISED BY THE NAPLES DAILY NEWS AND W L ITE HEARD IN THE FALL. RECOMMENDATION TO A E AN ORDINANCE OF THE BOARD OF COUNTY SSIONERS OF COLLIER COUNTY, FLORIDA AMENDI INANCE NUMBER 2004- 41, AS AMENDED, THE CO R COUNTY LAND DEVELOPMENT COD H ESTABLISHED THE COMPREHENSIVE ZO G REGULATIONS FOR THE UNINCORPORATED. A OF COLLIER COUNTY, FLORIDA, BY AMENDINHE APPROPRIATE ZONING ATLAS MAP OR MAPS BY C (�1G THE ZONING CLASSIFICATION OF THE HEREI�SCRIBED REAL PROPERTY FROM AN AGRICUL L (A) ZONING DISTRICT TO A RESIDENTIAL PLA IT DEVELOPMENT (RPUD) ZONING DISTRICT F PROJECT TO BE KNOWN AS BLUE CORAL A MENTS RPUD, TO ALLOW DEVELOPMENT OF UP TO 234 LTI-FAMILY RENTAL iJNITS, OF WHICH 70 WILL BE RENT RESTRICTED AS AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1000 FEET WEST OF Page 336 July 13, 2021 JULIET BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.35± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20190001600) (THIS IS A COMPANION TO ITEM #PL20190001620 N Item # 17I NOTE: THIS ITEM WAS IMPROPERLY ADV] THE NAPLES DAILY NEWS AND WILL BE FALL. AN ORDINANCE OF THE BOARD COMMISSIONERS OF COLLIER COUNTI AMENDING ORDINANCE NO. 89-051 COLLIER COUNTY GROWTH MATO UNINCORPORATED AREA OF SPECIFICALLY AMENDING ELEMENT AND MAP SE ROAD INTERCHANGFA ED BY RD IN THE RIDA DED, THE PLAN FOR THE R COUNTY, FLORIDA, THE LAND USE ADDING THE IMMOKALEE FIAL INFILL SUBDISTRICT TO THE URBAN, MIX SE DISTRICT TO ALLOW DEVELOPMENT OF �iP TO 234 MULTI -FAMILY RENTAL UNITS, OF W 70 WILL BE RENT RESTRICTED AS AFFORDAB� T SUBJECT PROPERTY IS LOCATED ON THE SOU H NPE OF IMMOKALEE ROAD, APPROXIMATELY 1000 FEE ST OF JULIET BOULEVARD, IN SECTION 30, TO 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, F , CONSISTING OF 9.35± ACRES; AND F ERMORE, DIRECTING TRANSMITTAL OF THE AD PTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20190001620/CPSS-2020-2] (COMPANION TO ZONING Page 337 July 13, 2021 PETITION RPUD-PL20190001600, BLUE CORAL APARTMENTS RESIDENTIAL PLANNED UNIT DEVELOPMENT) Page 338 July 13, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:58 p.m. BOARD OF COUNTY COMMISSIONER BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) (, SPECIAL DISTRICTS UNDER ITONTROL PENNY TAYLOR, ATTEST CRYSTAL K. KINZEL, These minute a pr ed by the Board on , as present or as corrected PREPARED ON BEHALF OF FORT MYERS REPORTING BY TERRI L. LEWIS, RPR, FPR, COURT RTER AND NOTARY PUBLIC. Page 339