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Agenda 02/02/2022 Item # 2B (Minutes from January 25, 2022 BCC Meeting)02/22/2022 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: January 25, 2022 - BCC Meeting Minutes Meeting Date: 02/22/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 02/10/2022 11:30 AM Submitted by: Title: County Manager – County Manager's Office Name: Mark Isackson 02/10/2022 11:30 AM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 02/10/2022 11:30 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/22/2022 9:00 AM 2.B Packet Pg. 11 January 25, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 25, 2022 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis Penny Taylor ALSO PRESENT: Mark Isackson, County Manager Amy Patterson, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations January 25, 2022 Page 2 MR. ISACKSON: Mr. Chairman, Commissioners, you have a live mic. CHAIRMAN McDANIEL: Well, good morning, everybody. Good morning, good morning, good morning, good morning. First off, we're going to start out with our invocation, and Pledge of Allegiance is going to be led by -- let's do -- Commissioner Taylor, will you lead us in the Pledge after the prayer? COMMISSIONER TAYLOR: Thank you very much. I'd love to. CHAIRMAN McDANIEL: If you'd rise, please. I'm going to introduce Pastor Beverly Duncan. She is retired now, as she shared with me this morning. But previously with United Church of Christ. If you would, please, ma'am. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND DUNCAN: Thank you. Good morning. Let us pray. Spirit of life, in the newness of this season and this day, be present in this body as our commissioners lead Collier County in a life-affirming direction always and in all ways. Spirit of peace, be a calming, grounding presence today. May you remind us that in unsettled times such as these, a sense of common purpose, even if not 100 percent agreement, is a gift and a blessing to all. Spirit of love, in your inevitable mystery, you bend down to know each and every heart. During these next hours, we ask that you keep before this meeting your desire for our commissioners and, indeed, all of us to be caring stewards of our community. Mighty spirit, fill our leaders with strength, hope, and vision, as January 25, 2022 Page 3 only you can. When there is troubling doubt, remind us that we can lean on you, and then together we can make our way toward those things that heal broken places and bring justice. And when this meeting has ended, carry each commissioner to their destination safely so that they might rest and refresh toward service on another day. I asked a blessing on them and their work this morning. Amen. CHAIRMAN McDANIEL: Very nice. Thank you. Commissioner Taylor. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: And I apologize for being a minute late this morning. I had Pastor Beverly's name here but not her church and affiliation and wanted to dutifully announce that. Thank you very much. I appreciate you coming in today. REVEREND DUNCAN: Absolutely. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN McDANIEL: All right. Item No. 2 is our agenda and minutes. Are there any additions, deletions, or anything? Let's go individually. Commissioner -- MR. ISACKSON: If I can, sir, why don't you allow me to go over the proposed agenda changes, and then we can launch into -- if you don't mind. CHAIRMAN McDANIEL: Okay. That will be fine. What if January 25, 2022 Page 4 somebody else has a change that you want to -- that you have to edit in? Go ahead. MR. ISACKSON: Thank you. Thank you, sir. These are the proposed agenda changes for the Board of County Commissioners' meeting of January 25th, 2022. The first item is to continue Item 8A to the February 8th, 2022, meeting. That's at the petitioner's request. This is an item -- it's to approve a rezone by the Board of Zoning Appeals providing for the establishment of a conditional use to allow a communications tower on lands zoned rural agricultural within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed-Use Sending Lands within the Natural Resources Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4 and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on .95 plus-or-minus acres of a 5 plus-or-minus-acre tract located on the east side of the north section -- north/south section, excuse me, of Benton Road in Section 25, Township 49 south, Range 27 east, Collier County, Florida. Commissioners, the next item is to move 17B to Item 9B. This is the first of two hearings. It's at Commissioner McDaniel's request. It's a recommendation to approve an ordinance amending No. 04-41 as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed-Use District Overlay District to the Bayshore Zoning Overlay District and name the Gateway Triangle Mixed-Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore/Gateway Triangle Redevelopment Area to the Bayshore/Gateway Triangle Community Redevelopment Area, to add prohibited uses, to add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Overlay District, add architectural standards for single-family homes and change other January 25, 2022 Page 5 development standards. This is a companion to 11E and 9C, previously 16A1 and 17C. Commissioners, the next item is to move Item 17C to 9C. It's a recommendation to adopt ordinance, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County 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 the requirements for the use of the density bonus pool; directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. This is a companion 11A and 9B. It's at Commissioner McDaniel's request. Commissioners, the next item at Commissioner McDaniel's request is to move 16A1 to 11E. It's a recommendation to direct staff and bring back for a public hearing at the February 8th, 2022, meeting an ordinance of Collier County, Florida, amending Ordinance No. 2003-37, as amended, including Ordinance No. 2003-58 by amending Section 110-30 of the Collier County Code of Laws and Ordinances to exclude the Bayshore/Gateway Triangle Community Redevelopment Area from the prohibition of enclosing swales in public rights-of-way, providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing for an effective date. This is a companion item to 9B and 9C, previously 17B and 17C. Commissioners, there's a note that I'd like to read. It's the Bayshore Limited Density Bonus Pool Allocation Land Development Code amendment will be heard at the February 8th BCC in the form of a public hearing. Time-certain items, 10B to be heard at 1:00 p.m. It's the January 25, 2022 Page 6 adoption of a resolution to name the baseball field at Immokalee Community Park the Steven J. Dodson Memorial Baseball Field. That's sponsored by Commissioner McDaniel. That's all I have at this point, sir. CHAIRMAN McDANIEL: Okay. Now we'll go to Commissioner Solis. Any ex parte or adjustments? COMMISSIONER SOLIS: No changes to the agenda, and on the consent agenda and the summary agenda, no disclosures. CHAIRMAN McDANIEL: Outstanding. Commissioner LoCastro. COMMISSIONER LoCASTRO: Same for me, no changes and no disclosures on the consent or summary. CHAIRMAN McDANIEL: And, Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I have some changes I'd like to suggest to our agenda. I'd like to see if we can continue 17B and 17C that you requested be heard today. That is not -- that is complicated stuff, and there are pages of it, and I think it would behoove us in terms of facilitating a meeting that we all get the important backup material on this that I received last night. CHAIRMAN McDANIEL: Okay. And I'm okay with that continuance as long as staff is okay. Where's Mr. Bosi? He was floating around here. As long as -- Jamie? And/or -- as long as staff's okay with the continuance, I'm okay. And the reason I pulled it was because -- COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: -- of the plethora of the information that was in there -- COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: -- that I wasn't as well informed on necessarily as I could have been. Mr. Bosi? And I -- we're discussing continuing -- I think it's -- January 25, 2022 Page 7 COMMISSIONER TAYLOR: 17A and 17 -- 17B and 17C. CHAIRMAN McDANIEL: And there's a companion item which was, I think, 9 -- forgive me. MR. ISACKSON: 11E, sir. COMMISSIONER TAYLOR: 16A1 -- MR. ISACKSON: Which we moved to 11E. CHAIRMAN McDANIEL: Right. Okay. And we probably should continue that item as well, all three of those items. There was one on the consent and two on the summary. And as long as we're not turning the world upside down, I'm okay with that continuance. MR. BOSI: Mike Bosi, Planning and Zoning director. The advertising with the specific continuance to the next meeting will be valid, so there will be no issue with it, and staff will be able to prepare and make a full presentation to the Board of County Commissioners. COMMISSIONER TAYLOR: Great. CHAIRMAN McDANIEL: Outstanding. COMMISSIONER TAYLOR: I'm very comfortable. Thank you. CHAIRMAN McDANIEL: Good. COMMISSIONER TAYLOR: And if we could, County Manager, get the -- what I received yesterday from Ms. Forester, and then encourage all of you to read it early so you can ask questions, because it's not an easy read. CHAIRMAN McDANIEL: No. I'm okay with that. Any there any other ex partes? COMMISSIONER TAYLOR: One thing I'd like to ask, that 17A be separated from the vote, and I'd like to vote on that separately, or I will register right now that I am voting against this, not to approve it. CHAIRMAN McDANIEL: What -- January 25, 2022 Page 8 COMMISSIONER TAYLOR: 17A. CHAIRMAN McDANIEL: And I think rather than pulling it and having a separate hearing, if we -- COMMISSIONER TAYLOR: No, not a separate hearing, just a separate vote. CHAIRMAN McDANIEL: Just acknowledge that you're a negative vote on that summary item would be okay. COMMISSIONER TAYLOR: Yes, okay. Thank you. There is -- the only ex parte I have is -- has to do with the St. Matthew's House CPUD. CHAIRMAN McDANIEL: That's only on -- that's on the agenda for later on. All we're doing's consent -- COMMISSIONER TAYLOR: Oh, I'm sorry, that is correct. CHAIRMAN McDANIEL: -- and summary. COMMISSIONER TAYLOR: I don't have any other disclosures. CHAIRMAN McDANIEL: Outstanding. Thank you. COMMISSIONER TAYLOR: Thank you. COMMISSIONER SAUNDERS: And I have no changes and no disclosures. CHAIRMAN McDANIEL: And I as well have no further changes or disclosures. I do have a quick question of the County Attorney/Manager, and this is more procedural than anything, and I've thought about this for a while. Is it requisite -- because this is all a matter of public record. It's all published. Is it requisite that the County Manager read the entire paragraph when we're making adjustments, especially today, because those three items were, ugh, long. And then we -- and we spend an enormous amount of time. I know it's a matter of public record, and the court reporter gets to write it down, but is it a legal requisite? Could we just not announce that we're going to change January 25, 2022 Page 9 the agenda and announce those items and go forward? MR. KLATZKOW: Well, I think Mark likes the camera time, but it's not -- it's not necessary, no. CHAIRMAN McDANIEL: If it -- maybe we'll have a discussion about that later on today, because we've got other people that want to speak, but I think maybe under commissioner comments we'll bring it up, and if we get the -- if we get an appropriate head nod -- and I know Mark does like the camera time. MR. ISACKSON: With my looks, I try to avoid the camera time if at all possible, trust me. CHAIRMAN McDANIEL: So we'll have that discussion at the end of our meeting today, so maybe we'll all be able to move on. And, again, I had no adjustments or ex parte. So with that, I'll call for a motion for the acceptance of the agenda as amended, and -- MR. ISACKSON: Troy, just to confirm, we have no speakers on the consent? MR. MILLER: We had one registered for 9B that was pulled, but now that's been continued. CHAIRMAN McDANIEL: Okay. I'll take a motion. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: Somebody has to make the motion. COMMISSIONER LoCASTRO: Oh, I thought he said -- CHAIRMAN McDANIEL: I didn't hear anybody. COMMISSIONER LoCASTRO: Make a motion that we accept. COMMISSIONER TAYLOR: I'll second it. CHAIRMAN McDANIEL: You folks have to cooperate a little bit. COMMISSIONER LoCASTRO: I thought I heard somebody whisper down there. January 25, 2022 Page 10 CHAIRMAN McDANIEL: It's been moved and seconded that we move forward with the agenda as amended. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. ISACKSON: Commissioners, that brings us to Item 3, awards and recognitions. We have two individuals in the audience. CHAIRMAN McDANIEL: Before you go there, I'm getting a -- I'm getting a -- COMMISSIONER LoCASTRO: I want to take a page out of Commissioner Saunders' book where sometimes he says, within a very respectful way, hey, I want to excuse protocol for a second, because I have something important that I want to say. We have a full house here today, and we're going to vote on some -- a lot of very important things that you-all care about, but the most meaningful thing that we're going to do today is at 1:00 o'clock, and it's led by Commissioner McDaniel, and everybody knows how shy and humble he is, so he's not going to say this, and I say that in jest. But in all seriousness, before you leave today, after you make your statements and vote on the things that you're passionate about, walk by this easel over here. We have a police officer who was killed in the -- you know, while on duty. And at Commissioner McDaniel's request, we're going to name a ball field in Immokalee after him at 1:00, and his family and a lot of police officers and I encourage any of our security staff and our police in the room here to, you know, bring in as many people here as you can, because a lot of January 25, 2022 Page 11 times these type of meaningful things get overlooked in the middle of voting on water and sewer and dogs and cats and things like that, which are also important. But I just want to publicly thank Commissioner McDaniel for what's going to happen here at 1:00. It's really meaningful, and especially during this time, when it -- you know, arguably our police are under a lot of stress and scrutiny and getting some backlash even, but not here in Collier County. So I just want to say, on behalf of all of us here -- I know I speak for all the commissioners and all the county staff, you know, thank you, sir, for bringing this at 1:00. And I know it's going to be a very meaningful and emotional time. His family will be here. And so, you know, just pay your respects as you head out the door for the parking lots for, you know, one of our uniformed police officers who served our county well, and his name will forever live in one of our ballparks out in Immokalee where he served. So thank you very much, sir. CHAIRMAN McDANIEL: Appreciate that. Thank you. Thank you. MR. ISACKSON: All right. County Manager, we'll go to No. 3.   Proposed Agenda Changes Board of County Commissioners Meeting January 25, 2022 Continue Item 8A to the February 8, 2022 BCC Meeting: *** This item has been continued from the April 27, 2021 BCC Meeting. *** 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 a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow a communications tower on lands zoned Rural Agricultural (A) within the Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use-Sending Lands within the Natural Resource Protection Area Overlay and North Belle Meade Overlay in the Collier County Growth Management Plan pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on .95± acres of a 5.0+/- acre tract located on the east side of the north-south extension of Benton Road, in Section 25, Township 49 South, Range 27 East, Collier County, Florida. [PL20180002327] (District 5) (Petitioner’s Request) Move Item 17B to Item 9B: *** This item is the first of two hearings. *** Recommendation to approve an Ordinance amending Ordinance number 04-41, as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed Use Overlay District to the Bayshore Zoning Overlay District and the name of the Gateway Triangle Mixed Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore Gateway Triangle Redevelopment Area to the Bayshore Gateway Triangle Community Redevelopment Area; to add prohibited uses, add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Zoning Overlay District, add architectural standards for single family homes, and change other development standards. [PL20210001222] (This Item is a companion item to Items 11E and 9C (Previously 16A1 and 17C)) (District 4) (Commissioner McDaniel Request) Move Item 17C to Item 9C: Recommendation to adopt Ordinance, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, 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; directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. (This Item is a companion item to Items 11E and 9B (Previously 16A1 and 17B)) (Adoption Hearing). (District 4) (Commissioner McDaniel Request) Move Item 16A1 to Item 11E: Recommendation to direct staff to advertise and bring back for a public hearing at the February 8, 2022 Board Meeting, an ordinance of Collier County, Florida, amending Ordinance No. 2003-37, as amended, including Ordinance No. 2003-58, by amending Section 110-30 of the Collier County Code of Laws and Ordinances to exclude the Bayshore Gateway Triangle Community Redevelopment Area from the prohibition of enclosing swales in public rights-of-way; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. [PL20210001222] (This Item is a companion item to Items 9B and 9C (Previously 17B and 17C)) (District 4) (Commissioner McDaniel Request) Note: The Bayshore Limited Density Pool Allocation Land Development Code amendments (PL#20210001033) will be heard at the February 8th BCC Public Hearing. Time Certain Items: Item 10B to be heard at 1:00 pm – Adoption of resolution to name the baseball field at Immokalee Community Park the “Steven J. Dodson Memorial Baseball Field.” (Sponsored by Commissioner McDaniel) Item 11E to be heard immediately following items 9B and 9C 2/10/2022 7:59 AM January 25, 2022 Page 12 Item #3A2 AWARDS AND RECOGNITIONS – EMPLOYEES – 25 YEAR ATTENDEES MR. ISACKSON: Thank you, sir. CHAIRMAN McDANIEL: This is my favorite part of these meetings, by the way, are these presentations and acknowledgment for our staff and folks that have been with us. MR. ISACKSON: Well, it's certainly a pleasure that we're doing this in person. CHAIRMAN McDANIEL: Amen. MR. ISACKSON: And we have two employees, one who's serves 25 years, one who's served 30 years, and it's my pleasure to recognize these individuals for their dedication to Collier County service. The first 25-year attendee is Patricia Rosen from our Parks and Recreation Department. Patricia, please. (Applause.) COMMISSIONER LoCASTRO: Twenty years would have felt a lot longer, right? CHAIRMAN McDANIEL: Do you want us to squeeze in? (Applause.) CHAIRMAN McDANIEL: Patricia, you know, 25 years, if you'd like to say a few words, you're more than welcome. MS. ROSEN: I'm good. CHAIRMAN McDANIEL: Or remain silent. That's okay, too. MS. HILLER: That's why she lasted 25 years. COMMISSIONER TAYLOR: Oh, my goodness. I'd like to note -- I'd like to acknowledge a former commissioner's in our January 25, 2022 Page 13 audience. Georgia Hiller. Welcome. Welcome. CHAIRMAN McDANIEL: Oh, yes. (Applause.) CHAIRMAN McDANIEL: And forgive me. A good chair would have done that, so forgive me. MS. HILLER: You're still in training, Bill. It's okay. CHAIRMAN McDANIEL: Yes, ma'am. Item #3A3 AWARDS AND RECOGNITIONS – EMPLOYEES – 30 YEAR ATTENDEES MR. ISACKSON: Commissioners, the next recognition is Mr. Michael Sullivan, a 30-year employee of the county with our Emergency Medical Services Division. (Applause.) MR. SULLIVAN: All right. Everybody get in tight. Pretty picture. I deserve this picture. (Applause.) MR. SULLIVAN: All righty. Thank you. Item #4A PROCLAMATION DESIGNATING JANUARY 23 - 29, 2022, AS NATIONAL CERTIFIED REGISTERED NURSE ANESTHETISTS WEEK IN COLLIER COUNTY. ACCEPTED BY GREGORY BUCK, CRNA - READ INTO THE RECORD MR. ISACKSON: Commissioners, moving to Item 4 on your agenda, proclamations. Item 4A is a proclamation designating January 25, 2022 Page 14 January 23 to 29, 2022, as National Certified Registered Nurse Anesthetist Week in Collier County, to be accepted by Gregory Buck, CRNA. (Applause.) Item #4B PROCLAMATION RECOGNIZING THE QUARRY 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. ACCEPTED BY DOREEN KOSTECKI, ARDETH GRIGGS, KATHLEEN ANTHONY, AND JONATHAN BARTOS - READ INTO THE RECORD MR. ISACKSON: Commissioners, the next proclamation is recognizing The Quarry as recipient of the Waste Reduction Awards Program, WRAP, award for contributing to the greater good of Collier County by advocating their reduce -- for advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the useful life of the Collier County Landfill. This will be accepted by Doreen Kostecki, Ardeth Griggs, Kathleen Anthony, and Jonathan Bartos, which I believe Kathleen and Jonathan aren't here, and they're not feeling very well. But anyway, please come forward. (Applause.) CHAIRMAN McDANIEL: Just a little editorial. These folks' efforts have -- I don't even actually have data. But the efforts of our recycling program in Collier County -- and I remember it was back when Commissioner Hiller was up here -- there was -- elongated the January 25, 2022 Page 15 life of our landfill by close to 30 years, if I'm not mistaken. That sticks in my mind. So thank you all, and our Solid Waste Department, for all that you do do. COMMISSIONER LoCASTRO: Can I -- I just want to ad lib something very quickly. Kari, I want you to stand up real quick. COMMISSIONER SOLIS: Yeah, she should step up. COMMISSIONER LoCASTRO: So this Kari Hodgson, who is the director of our Solid Waste Division, and I just want to tell a good-news story here. You know, a lot of times our county staff get beat up a lot for not doing this and, you know, the county's crazy and we're all lazy and all that, which isn't true. This young lady this past weekend at midnight moved mountains to help one citizen get their water turned off, and there's a whole long story behind it. But I can tell you, the minute this issue came to -- came to my attention, I sent out a couple of notes thinking in the morning somebody would finally contact me because I really couldn't get ahold of the right people. Kari calls my phone, must have been 11:59 -- we both sort of work late at night -- and in record time turned lemons into lemonade for somebody that not only then personally called me but then put something on social media saying what a superstar she was. And I just happened to see her in the audience here. This is the kind of folks that we're proud of on our county staff every day, and she's a young lady that has an amazing future regardless of what she does, and I hope she continues to do it in the county. But, Kari, thank you so much for your tenacity, your initiative, your attention to detail and, most of all, your customer service to one of our citizens who really needed it at a time in the middle of the night when they couldn't get any help. So thank you very much. (Applause.) CHAIRMAN McDANIEL: Don't go away. Don't go away. January 25, 2022 Page 16 We're not done -- we're not done embarrassing you. COMMISSIONER SOLIS: And I was just going to add that I actually went out to the landfill a week or so ago, and if you haven't taken a tour -- and it's hard to -- that I'm really saying this, but you should take a tour of the Collier County Landfill. It is really clean, number one, and so incredibly organized. And one of the things that just amazed me was the innovative things that Kari's doing to prolong the life of the landfill which, when I moved here in the early '90s, was a serious concern that there was not that much life. I mean, the end of it was on the horizon, and there hasn't -- there hasn't been a new landfill permitted in the state of Florida in 40 years, I don't think. So take a tour. The way it's being run is really amazing. Kari's a rock star. And I have to say something about the hawks. Because one of the ways that she controls the birds and the vultures and things is not with pyrotechnics or with, you know, chemicals or anything. We have how many -- we have four hawks? MS. HODGSON: Two. COMMISSIONER SOLIS: Two? Two hawks that fly around and keep all the birds off of not only the landfill now but also over at the sports park. CHAIRMAN McDANIEL: Are they pets? COMMISSIONER SOLIS: And it's fascinating. MS. HODGSON: They are someone's pets. COMMISSIONER LoCASTRO: If you take the tour with her, though, it's a little weird. You will go up to the top of the mountain overlooking clean, beautiful garbage, and her exact quote to me when I took a tour, she looked over and she says, isn't that an amazing, beautiful site? This is the best view in all of Collier County. And that's a little weird, but that's the person you want in charge of the landfill, trust me. January 25, 2022 Page 17 COMMISSIONER SOLIS: Please take a tour. It's worth -- it's worth seeing how well run it is and all of the things that the staff is doing to prolong the life of that, which is really essential to Collier County. Thank you for what you do. CHAIRMAN McDANIEL: It's absolutely amazing. The -- as I mentioned earlier, there was times in the late '90s and early 2000s when that landfill was foreseeably coming to its end. And the efforts of our Solid Waste -- and one of the difficulties we have -- and I know we drug you up here for all of the acknowledgment that you really want, but there's an entire fleet of people -- Dr. George is in the back, and I'm going to miss -- and he's the leader of the band over in Solid Waste and pushing the buttons. So from all of us -- all of the residents of Collier County to you, to you, and to your staff, thank you. If you would, please, Collier County residents, join with us, because these efforts will do nothing but prolong the inevitable end of the use of our landfill. So thank you all. Thank you very much, Ms. Kari. MS. HODGSON: Thank you. (Applause.) CHAIRMAN McDANIEL: You folks can tell how happy she was about that, so... Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. ISACKSON: Commissioners, that brings us to Item 7 on your agenda. It's public comments on general topics not on the current or future agenda. Troy? MR. MILLER: Yes. We have 11 registered speakers here in January 25, 2022 Page 18 the room, three additional speakers online. First up will be Jayne Kim. Now, Ms. Kim's been ceded additional time from -- and you're going to need to raise your hands here to indicate you're present -- Patty Temelt -- Temlet, excuse me. (Raises hand.) MR. MILLER: Janet Dunkel. (Raises hand.) MR. MILLER: Audrey Dilella. (Raises hand.) MR. MILLER: Sherry Tatum. (Raises hand.) MR. MILLER: And Lynn Morgan. (Raises hand.) MR. MILLER: She will have a total of 18 minutes, and she will be followed by Steph Henderson. MS. KIM: Thank you. Good morning, Commissioners. Thank you for this time. My name is Jayne Kim. I'm here with other volunteers from Collier County Domestic Animal Services to thank you and the county for all your good work, dedication to, and support of our county shelter. We hope you are as proud of Collier County Domestic Animal Services as we are. You can ask any DAS volunteer why we volunteer, and the answer is always the same; because of the animals and because of the people. There is a reason why people in neighboring counties, other jurisdictions, and other states share our animal stories with other people and show Collier County shelter as the shelter that does more than most for its animals. If you follow the DAS or volunteer-run social media pages, you can see how often people are sharing our animal stories to tell other people and to show other people what Collier County is doing. You January 25, 2022 Page 19 can read all the comments by people who ask the question, why can't other shelters be like this. Every week we hear from applicants and adopters who come in to Collier County Domestic Animal Services, and they tell us how refreshing it is to meet with us, to talk with staff, to meet with the volunteers, how much the volunteers know about the animals, how happy the animals are, and how clearly loved they are. Many of these adopters keep in touch with the volunteer who helped them with the adoption, and that volunteer shares the happy tale with the rest of the group. So we, as a group, are constantly reminded of all the good work that the county does and how appreciative people have been. And just like Commissioner LoCastro said, it's true, as a county shelter, county employees, sometimes we get beat up, and you don't get to hear all the good, and you need to hear the good, because Collier County serves its community well, the shelter serves its community well. We are proud of Collier County and the animal services it provides to the community. We really hope you are, too. I am not only a proud volunteer and foster with Domestic Animal Services, I am also a proud fosterer for the Humane Society of Naples. I have been involved with the Humane Society for as long as I have been involved with Domestic Animal Services, and that's since 2018. But I am here today representing the many passionate and compassionate people at DAS. I have also been given the authority to speak on behalf of many charitable and non-profit animal organizations in this county. Many people involved with DAS and these organizations could not be here today in person because of work or other personal commitments, but they wanted me to assure you that we are united in our opposition to a takeover of DAS functions, any functions, by the Humane Society of Naples. January 25, 2022 Page 20 These local animal organizations include SNIP Collier, For the Love of Cats, Camp Many Paws, Volunteer Services for Animals, QT Kittens, Naples Cat Alliance, Animal Compassion Project, Hopeful Hearts Rescue Incorporated, and Animal Task Force of Southwest Florida. While many could not be here this morning, I would like to take a moment to recognize those who are and who took time out of their day to be here and to show support for the county and its shelters. So DAS volunteers, supporters, friends, please stand; members of our local rescue partners, please stand. (Applause.) MS. KIM: And you can remain standing for just a moment. These are the people with the boots on the ground. These are the people who devote their time, and they devote their hearts to the betterment of our community. We are united in a common purpose. We welcome collaboration, assistance, and synergy with each other. Working together in our respective roles, we are helping our county move forward. And, in short, we believe that privatizing the county's operation of animal care services and/or enforcement would be an injustice to the animals and to the citizens of this county. Thank you. You may sit down, if you wish. Now, I will not reiterate the details of the Humane Society's proposal in which the Humane Society wants the new $6 million shelter facility for its own use and the county to pay the Humane Society for services now performed by the county at Domestic Animal Services. That takeover proposal is already a matter of public record by memo to this board dated November 29th, 2021, and we are well aware that this board did not approve a takeover but, instead, directed that the two organizations explore areas for collaboration and synergy. I don't think there's any animal advocate out there who opposes January 25, 2022 Page 21 collaboration, assistance, and synergy with others. We are, or should be, all working towards the same goal. So we thank you. We thank this board for that good direction. And it was you, Commissioner Taylor, who made that motion, so thank you. I'm here to report to you, however, that despite this board's direction, the message on the ground has been something quite different. The Humane Society has not redirected its efforts away from a takeover and instead towards assistance and collaboration, as this board wanted. To the contrary, Humane Society representatives have continued to expressly and directly advocate a takeover, the takeover proposal, even after this board gave direction otherwise, and that is why we are all here today. We were hoping to see and hear a redirection by the Humane Society at last week's DAS advisory board meeting where each agency was supposed to present on areas for and ways to collaborate. The executive director of the Humane Society wasn't able to attend, and even though the Humane Society had two high-level employees in attendance throughout the whole meeting, the Humane Society said it could not present. The Humane Society further asked the county staff not present. So no presentation was made to the board last week; therefore, no presentation to the public. The Humane Society further asked that the advisory board members not even discuss the matter at the public forum last week. That's despite the public being there in attendance asking for and demanding answers. This scenario highlights one of the many troubling concerns about a private organization taking over essential government-run operations. Collier County proudly serves its citizens. You know that because you serve 24/7. The county doesn't get to take sick days. If a county executive is unable, she hands the baton off to her assistant or her next in line to run with it. County operations do not halt. January 25, 2022 Page 22 The public is not denied information or delayed in receiving information just because one person isn't feeling well. The buck also doesn't stop with one county executive. At Domestic Animal Services, for example, if a member from the public comes in and wishes to speak to the executive director about an issue or concern and that executive director is unavailable, the shelter manager, supervisors, employees are all there to step up and respond. That public member can also go over the county executive and contact directly the department head, the DA [sic] advisory board, this board, county counsel, or make a request for public records under the Sunshine Law. One of the many benefits of a government-run and county-run shelter is that there are checks and balances in place, and those checks and balances are there to ensure transparency, consistency, and accountability. Now, people have asked representatives from the Humane Society for basic information, posed very simple questions. For example, would the Humane Society operate as an open admissions shelter? Would the Humane Society open its records to the public to the same degree that the county does now? Simple requests for the Humane Society's euthanasia numbers and data related to its behavior and rehabilitation program at the Oaks facility have gone unanswered to date. If anyone wants to know how the Humane Society would operate under contract with the county, take a look at how it operates now and, in contrast, think about what this county does and accomplishes every day. Our county shelter is operating at a 97 percent live release rate. That is amazing considering that our county takes in more than 5,000 animals annually. As a county-run organization, Domestic Animal Services follows county COVID guidelines and has safely operated through the pandemic. DAS did January 25, 2022 Page 23 not close its doors. As a county-run organization, DAS provides affordable adoption fees, unlike the private non-profit which charges, for example, $475 to adopt a puppy. As a county-run organization, DAS and its records are subject to the Sunshine Law and, therefore, the public is entitled to and assured a level of transparency and accountability. Moreover, as a county-run organization, DAS is committed to Collier County and puts Collier County and Collier County animals first. That means DAS does not import from other states, from Puerto Rico, or otherwise bring in animals for the sake of donation or media attention. And if anybody says that there are not enough adoptable animals here in Collier County, that we need to bring them in, some under-socialized who run away from home and add to our homeless population, if anyone says that to you, we submit to you you need to seriously question their motives, and you need to come down to the shelter, take a ride along with SNIP Collier, take a ride along with an animal control officer, or go and visit one of the many local animal rescues who will tell you we have too many animals adoptable in need of homes. In sum, the Humane Society operates very differently from the county, and different isn't bad. The Humane Society does good work. There are good people there. I include myself in that. We're there fighting the good fight every day. Different is not bad. Doing things differently may work very well for the Humane Society, and kudos to them for doing what they do, because different organizations working towards a common goal is always good for the community. That kind of collaborative diversity is helpful. It's productive. But when we are talking about ceding county operations to a private non-profit, the very survival of which depends on large money donors and special interests, we are saying proceed with January 25, 2022 Page 24 caution. Take a look at the jurisdictions that have tried a public-private contract with their local Humane Society. Look at how those jurisdictions experienced higher costs involved in that kind of contract relationship. With your permission, I have not only prepared my statements here in writing, but I have also attached a very clear and simple request for information that was sent to the Humane Society on January 9th, unanswered to date, and articles reporting on the failure of county Humane Society contracts in other jurisdictions. And I just want to read a very short quote from an article that was published in November of last year, the same time that Humane Society of Naples here proposed its takeover to the county. This was in St. Lucie County, and St. Lucie decided to end their relationship with their local Humane Society because they realized that it was not sustainable, the plan. And this is a quote from the county spokesperson. Quote, we just realized, I think, it's time for St. Lucie County to manage its own shelter. We control it. We don't rely on a third-party vendor to come in and say we can do it for this price, and they realize -- six months, a year down the road they realize it's going to cost more. We submit to you that our county is also better off continuing to run its own shop. The county has put in place a new management team at the shelter, been making improvements to the existing shelter while moving forward to build a new shelter facility. It's a really exciting time for Collier County. We're excited. The volunteers, your constituents, we're excited to see what more Collier County's going to do and can accomplish with these new resources. You put this team in place. Let them shine. We sincerely hope that you do that. We sincerely hope you're proud, because the bottom line is, we can never have enough people and organizations working together to tackle the very real community January 25, 2022 Page 25 problem of pet overpopulation. And it will be the county citizens and the animals who lose out if either the Humane Society or Domestic Animal Services takes over functions of the other. There is enough need. There is enough work to keep both organizations very busy and working well. Collier County is better served with both of them working together, not one assuming the other. We heard this board say something similar, that the two agencies should explore areas for collaboration and synergy, not a takeover. We heard that, but it appears that some have not, and that's why we are here today taking up your time. So I do thank you very much for your time and consideration. You should be proud of the county shelter. We are. It's an amazing shelter, and the people there do an amazing job, and we just want you to know about it. And I'm going to apologize ahead of time because there will be a mass exodus because, as you know, we have a bunch of renovations happening at the shelter, and last night we received an email from staff saying any available volunteer who can come down today to help move these animals, come down. So many of us are heading there right now. But thank you for your time, and we hope to make you proud and continue to make you proud. Thank you. CHAIRMAN McDANIEL: Thank you. (Applause.) CHAIRMAN McDANIEL: Jayne, before you leave, make sure -- this is picking me up. COMMISSIONER TAYLOR: Would you give a copy to our court reporter, please. CHAIRMAN McDANIEL: Commissioner Saunders -- Jayne? Step up, please, then you can pass it on when you guys mass exodus. MS. KIM: Yes. January 25, 2022 Page 26 CHAIRMAN McDANIEL: Commissioner Saunders would like to speak. COMMISSIONER SAUNDERS: Yeah, and I know you're going to be leaving real quickly, but I think all of us are going to have something to say before you leave that I think will be important. That was an excellent presentation. MS. KIM: Thank you. COMMISSIONER SAUNDERS: And I think it was Commissioner LoCastro that pointed out when this first came out that their proposal had takeover language in it, and that was something -- I, quite frankly, had gone through the proposal, but I didn't pick up on it, and so I want to thank Commissioner LoCastro -- COMMISSIONER LoCASTRO: Right. COMMISSIONER SAUNDERS: -- for picking up that particular issue. I think it's important for the Board -- I know we don't usually take votes. CHAIRMAN McDANIEL: We can't. COMMISSIONER SAUNDERS: Well, we can. CHAIRMAN McDANIEL: Not right now. COMMISSIONER SAUNDERS: But -- okay. I don't think it's often that we take votes at times like this, but I think we can certainly make statements, and I think it's -- CHAIRMAN McDANIEL: Of course. COMMISSIONER SAUNDERS: -- important for us to reiterate that there's no way in the world any of us support any kind of a takeover of Animal Services. You guys do a great job. We recognize that when we appropriated money for new air conditioning. We recognize that when we're appropriating money for the new building. All of those things we're doing because we recognize how wonderful a job Domestic Animal Services does for the county. So I think it's important for all of us to at least make a statement January 25, 2022 Page 27 that we're not interested in any kind of a takeover. I think it's important to continue some discussions concerning collaboration, because there may be something that we can collaborate with. But we're going to continue to support Domestic Animal Services. No takeover is on the horizon. So I think it's important that you understand that. (Applause.) CHAIRMAN McDANIEL: Thank you for saying that. Commissioner LoCastro. COMMISSIONER LoCASTRO: A lot of times different groups prepare for presentations in here, and they meet with us separately. And one of the things that I always suggest is sometimes it's more powerful to pick an eloquent speaker and have them speak on everyone's behalf than have 20 people come to the podium and ramble. This is how you do it, okay. That was -- (Applause.) COMMISSIONER LoCASTRO: -- so well representative of your position, whether people agree or disagree with it -- and I think you can see those of us up here support what you had to say. But it was so well put together and just so eloquent. And sometimes groups that really have a passion for something come here and sort of miss the boat a little bit because they come up here and scream and yell and ramble and don't hit sort of the main points. And I always say, pick your most eloquent speaker, and you-all that are wearing yellow T-shirts, you did. I also want to recognize two people that were sort of buried in your comments a little bit, not by name. But Dan Rodriguez in the back is our county leader who has spent so much time. He's in charge of so many different things, not just DAS, but I've got to say, I'm so proud of him and his team who have gone down there and even caught a few spears and a few rocks here and there. But January 25, 2022 Page 28 sometimes, you know, you take one step back to take 10 steps forward. And this man, in all hours of the night, has been working DAS things, you know, aggressively and enthusiastically and is so proud of the volunteers. The way that he speaks about DAS, that's the exact person that we want, you know, leading the charge. And I also want to point out Mr. Jim Rich. Jim, if you would stand up. This is the director of the board, volunteer, and he and his wife also have an organization, For the Love of Cats, on Marco Island, and they do a lot on Marco. But he's also leading, and there are several other board members in the audience. But thank you, Jim, for being here, and, you know, I just wanted to echo what you were saying, ma'am. Excellent comments. MS. KIM: Thank you. CHAIRMAN McDANIEL: Outstanding. Thank you. Commissioner Taylor. COMMISSIONER TAYLOR: You have made Collier County proud today. You really have. MS. KIM: Thank you. COMMISSIONER TAYLOR: If you were there alone, we're proud. But to have all these folks here and to have a presentation like you gave us, it's -- it's very uplifting, and it gives me a great deal of confidence in the leadership, not only of Dan Rodriguez but of the volunteers who have spent time and energy to come in here. You are participating in your government, but you are also participating in the lives of pets and people. And thank you very, very much for your service. MS. KIM: Thank you. CHAIRMAN McDANIEL: And I will concur. I was remiss when I was reviewing the package. Commissioner LoCastro brought it up. And I want to say out loud there was never an intent January 25, 2022 Page 29 for a takeover of any sort whatsoever. All we want to do is make what we have better along that way, collaborate. And I also concur with Commissioner LoCastro in picking an eloquent speaker and not Tom Kemp, because we would still be listening to him. He would have went over his allotted 11 minutes and so on and so forth. But I think you've heard a consensus up here. COMMISSIONER SOLIS: I'm just clearing my throat. COMMISSIONER LoCASTRO: I think he concurs, Tom Kemp. I agree. I second the motion. CHAIRMAN McDANIEL: To that end, to that end, thank you. Thank you for coming, sharing with us your cares, concerns, and thank you for what you do do for our community. COMMISSIONER SAUNDERS: Let me just say one last quick thing. I hope the message has gotten to the general public that we're not supporting a takeover. And I know we've all kind of danced around that. I'm specifically saying -- CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: -- and I think all of us should say so that the Humane Society has the clear message, we can collaborate, but that's as far as we're going to go, and I think it's important for us to say that. COMMISSIONER TAYLOR: Is that a motion? CHAIRMAN McDANIEL: No, we're not going to take a motion today, ma'am. COMMISSIONER SAUNDERS: We can add it to the agenda if we wanted to, but -- CHAIRMAN McDANIEL: We certainly can. COMMISSIONER SAUNDERS: -- I don't think it's necessary. I think if we simply all say, we're not going to permit that type of a January 25, 2022 Page 30 takeover. If the Humane Society wants to sit down and talk about collaboration with DAS, then that's great, but beyond that -- CHAIRMAN McDANIEL: Thank you. COMMISSIONER SAUNDERS: I just want that message to be out there. CHAIRMAN McDANIEL: I agree. COMMISSIONER TAYLOR: I concur with that. No takeover. MS. KIM: Thank you. CHAIRMAN McDANIEL: You're getting a whole bunch of positive head nods. Thank you very much. Mr. Rodriguez, would you -- MS. KIM: Thank you. CHAIRMAN McDANIEL: -- like to say a word or two before we let the yellow shirts go fix our building? MR. RODRIGUEZ: Thank you, Commissioners, and thank the volunteers for all your support. But just real quick, I'd like to recognize the director of Domestic Animal Services. Marcy Perry, if you could stand up, please. (Applause.) MR. RODRIGUEZ: As Commissioner LoCastro stated, the person that's actually working all night and weekends is Marcy Perry. She's done a phenomenal job. She's a great leader. She's working in every section within Domestic Animal Services as well as worked -- experience at the Humane Society. She brings that knowledge and that breadth of leadership to the organization. And you can see by the collaboration of the volunteers as well as the DAS committee and with Rich, Jim Rich, just a phenomenal job. And she has made more decisions in the last four months to provide a productive, effective environment for everyone. The animals of Collier County will be taken care of thanks to January 25, 2022 Page 31 her leadership and support from the team, so thank you. (Applause.) CHAIRMAN McDANIEL: Thank you. MR. MILLER: All right. Commissioners, your next speaker is Steph Henderson. She'll be followed by Daija Hinojosa. CHAIRMAN McDANIEL: One second, Steph. MS. HENDERSON: Okay. CHAIRMAN McDANIEL: If you don't mind, Stephanie. MS. HENDERSON: Stephanie. CHAIRMAN McDANIEL: We're going to allow for this exodus to transpire, and then we'll go on with you. All right. Ms. Stephanie, I think they're -- and they're a rather well-behaved bunch, so... MS. HENDERSON: Yeah, in bright yellow. I'm Stephanie Henderson, for the record. I'm not going to take up a lot of your time because what was just said was -- you guys repeated it. That was wonderful. I represent QT Kittens, and we're a private cat adoption clinic. I absolutely love what we do with the kittens, but we are busy. I mean, without a shadow of a doubt, there are more that -- that is an insane function of what you do to take care of these little kittens and foster them and to get them to the families. It's a wonderful organization, and DAS does that at a mass scale, and the Humane Society does at a -- like she said, a different approach. So I'm not going to reiterate everything. I'm glad to hear you guys are in support of collaboration, and that's it. Thank you so much. CHAIRMAN McDANIEL: Absolutely. Thank you, Steph. Who's next? MR. MILLER: Daija Hinojosa will be followed by Dan Cook. MS. HINOJOSA: Good morning, Commissioners. Daija January 25, 2022 Page 32 Hinojosa, for the record. Today I'm not here to rattle any cages. I just want to start a conversation. We have -- we have a grave concern happening in the county with the rent increases happening right now with inflation. And I know you guys are all aware that most of the apartment complexes in Naples and Collier County, rent is going upwards of 50 percent. And even for someone like me -- you know, live in a two-bedroom in a very nice community, and my rent's going to be going up to $4,000 a month come August. And I have been speaking to so many people in the community, and we've even got people who live in affordable housing. Their rent's been going up $75 a month for a year. There are people who don't make that much money, and for them to be spending 1,850, $2,000 on an apartment is almost criminal. And, you know, I completely respect and support the free market, but there's a difference between making a profit and price gouging. And, you know, this -- something like this affects me. If I don't have $4,000 a month, I can't continue to live in my two-bedroom apartment. And so I understand that as a board, you guys do have the authority to impose a price control on rents for at least a year. It is in the Florida Statutes. It's Section 125.0103(2)(b). COMMISSIONER TAYLOR: Would you repeat that, please. MS. HINOJOSA: Section 125.0103(2)(b). Now, there are some other areas like California and other states who have imposed price controls on rent, and it has caused a bit of -- a bit of a concern in those areas, but I think that as a county we can at least start a conversation about what we're going to do for our workforce community, because the very backbone of our community are people who are in the service industry, they're in hospitality. They're not making $30 an hour. And so I just wanted to come up January 25, 2022 Page 33 here today and just at least bring this to the awareness, to you guys, and see if there's anything that we can do for our community, at least to get them through to another year so that they can get on their feet and figure out what they're going to do to support their families. So that's all I wanted to say today. Thank you for hearing me out, and have a great day. CHAIRMAN McDANIEL: Thank you, Daija. MR. MILLER: Your next speaker is Dan Cook. He'll be followed by Tim Carpenter. MR. COOK: All right. Good morning, Mr. Chair. Good morning, Board. CHAIRMAN McDANIEL: Are you going to rattle any cages today? MR. COOK: I am absolutely not rattling any cages. I'm -- CHAIRMAN McDANIEL: Make sure. MR. COOK: -- getting out of my comfort zone. I'd actually just like to talk about traffic today. Real exciting topic, I know. So I've been noticing when I'm driving around town, driving my family around town -- my daughter's in school, so I'm up and down Airport every single day. I'm up and down Immokalee quite a bit. And I noticed a lot of people running red lights. So we have a traffic congestion problem, right? It happens every season. It's more than normal now because everybody's coming here because we're the free state of Florida. So I guess I want to talk about a solution to the traffic problem. So when I see two, three, four, five, six cars running red lights, I realize that traffic gets stalled out in the opposite direction. So, you know, I guess the consequences of people running red lights are that I believe it contributes to the traffic problem. When multiple cars are running that red light, the traffic from the opposite direction, they can't go. You know, how many times have you pulled up to a green January 25, 2022 Page 34 light and you still have to look both ways, make sure nobody's running a stoplight. So -- but rather than coming up here asking the Board for a solution, rather than coming up and asking the government to provide a solution, I want to remind the citizens of Collier County that America was founded on the principle of self-governance. So if we don't want the heavy hand of government to come in and, you know, having more police at the intersections or maybe red light cameras -- I know that's not a popular subject -- then I think the citizens of Collier County -- and citizens need to take the responsibility of freedom and practice self-governance. So my ask here is for the citizens watching at home to start stopping at the red lights so that we can not only reduce the traffic congestion, but also for the safety of citizens, the safety of pedestrians, and then also just the practice of self-governance. So that's all I'd like to say. CHAIRMAN McDANIEL: Just be careful what you ask for, because if they continue to do that and I'm late, he's going to be the chair and run the meeting. MR. COOK: Oh, no. Thank you, guys. MR. MILLER: Your next speaker is Tim Carpenter. He'll be followed by Troy Komarowski. I hope I'm getting that close. Having trouble with the handwriting. MR. CARPENTER: Hi. I'm Tim Carpenter. Last time I started to talk about homelessness, and Bill stopped me right there. And so I had to follow up with it and some things that are happening. You know, something that Daija said, capitalism is very fragile. And if government starts intervening in the capitalism of our county, it will also be fragile to the housing. So all I say is be careful with any subsidy. I think there are January 25, 2022 Page 35 ways to do it. The problem with subsidies, all of us want to live in a certain area. Everybody wants to live west of 75 and south of the Lee County line, and I would like to live in, you know, Port Royal. I would love to move down there, but I can't afford the housing there. So all of us have to look at the area and decide where we can live and what can go on, because I'm very concerned about the homeless. I mean, it is increasing just like the rest of the population. They are continuing to come in, and they're continuing to find places to stay. And the panhandlers really aren't the problem. Most of them aren't the true homeless. The homeless are the ones that sleep in the courtyard outside this building, the ones that sleep on East Trail along the different -- the last few weeks I've been trying to figure out where they are. Sunday night it was very cold, so I got a bunch of blankets from Walmart. I went to -- down by the Tony's Barbecue place. There were groups out in there. There were groups on down by -- there's a furniture store on down the East Trail. There was people in there, behind the Starbucks over here. And all of them, as I talked to them -- I asked one guy, I said, look, if I gave you a free ticket back to Michigan, would you go? And he said absolutely not. He wants it down here. He said, I've been calling people on my brand-new cell phone that he had in his hand and telling them that it is a wonderful place to come to. So we're going to get more of that, so we're going to have to have a program. As I talked to them, 80 percent of them or more -- everyone I talked to said everybody else here's an alcoholic except me. And I'm sure that they were self-identifying by what they were saying. But you're going to have to be prepared for that. You know, there are ways to take care of them. And government always intervenes, but it intervenes in the wrong way. When I was out there on Sunday night, somebody, some caring January 25, 2022 Page 36 citizen, had brought the people down by Tony's Barbecue a bunch of electric heaters. Now, I don't think that's going to do them much good out in the field that particular night. But we need to realize that what we do as government in Collier County meets the needs of the people we are and move them out, move them out of the county if they're not going to comply with the ordinances. It's pretty easy to arrest people when they have been given chance after chance after chance and to make transitions for them so that they're not continuing to build up and cause nuisances in the area. So that is pretty much what I wanted to say about the homeless situation. The light's getting ready to turn red. But I would love to see some changes made before it becomes a problem. The average city spends between 300- and 500,000 on each homeless person, if you look at the major cities in the United States, and that's not affordable for Collier County. CHAIRMAN McDANIEL: Thank you, Tim. MR. MILLER: Your next speaker is Troy -- CHAIRMAN McDANIEL: Before you go there. Commissioner Solis. COMMISSIONER SOLIS: Can I ask a question? MR. MILLER: Excuse me, sir. Tim? CHAIRMAN McDANIEL: Come on back, Tim. MR. CARPENTER: Sure. COMMISSIONER SOLIS: I'm just -- I'm trying to understand what you're suggesting we do. MR. CARPENTER: Okay. Matthew House does a great job, and I think you guys have something on the agenda a little later. There needs to be a program where they go through and are given -- I believe in grace. I believe grace should be given to them. When they go through the county's procedure, whatever it is, and it will January 25, 2022 Page 37 have to be worked with law enforcement, and they are given a chance to make a difference, then they should be transported outside of Collier County. COMMISSIONER SOLIS: Where? MR. CARPENTER: Where -- if refugees from Mexico, and we have them -- COMMISSIONER SOLIS: We send them back to Mexico. MR. CARPENTER: -- we send them back to Mexico. If they come from Michigan, we send them back to Michigan. CHAIRMAN McDANIEL: That's -- thank you. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: We'll have that discussion maybe at another day. COMMISSIONER SOLIS: I just wanted to make sure I understood. MR. MILLER: Your next speaker is Troy. I'm going to have you say your last name. MR. KOMAROWSKI: Komarowski. You did a good job. MR. MILLER: He will be followed by -- online by Elizabeth Radi. Go ahead, sir. MR. KOMAROWSKI: Okay. I live in Collier County at Becca Avenue off of Bayshore Road. And why I'm here is just to inform the Board, but I'm also curious about what you can do about life-safety issues that are present at the food truck park, specifically Celebration Park at this point. Right now -- I have written an email to each one of you. That was back on 10/12/21. You can go through your emails. Each one of you got an email individually specifically stating the fire safety Florida Fire Prevention Code number. And there is fire violations present there right now. There was a fire report drawn up on 5/6 of '21 that listed 19 January 25, 2022 Page 38 violations. Two of those are still present at this time and present as of yesterday afternoon 6:00 when I walked down to the property, because I am within a close proximity of that. So that's why I take serious consideration in the life-safety codes, and that's what it is. Florida Fire Prevention Code. Specifically, it's going to be NFPA1. It's going to be 50.7.1.5, and that is separation, mobile or temporary cooking operations should be 10 feet between trucks and 10 feet between structures. These codes, or the fire truck codes that were adopted recently, were brought into effect because in 2016 there was a fatal incident with a propane tank on a food truck. If you want to search that up and look it up, it was documented on video. So that is an interesting video to watch. Remember, when you do watch that video, with the close proximity and the quantity of trucks you have on that property. And remember that property was approved not for food trucks on there but the pads, the concrete pads that are there. So I just -- like I say, you've got the email in your emails, if you can go over it, and I was just curious of what we can do to address that. CHAIRMAN McDANIEL: To that end, Troy, we don't traditionally answer questions at this time. MR. KOMAROWSKI: I gotcha. CHAIRMAN McDANIEL: You're bringing this item up. It apparently hasn't been addressed by any of us, so we're -- MR. KOMAROWSKI: Right, just to bring it to your attention. CHAIRMAN McDANIEL: -- the commissioner of the district specifically, but Commissioner Saunders does have a question. Just -- that's for your edification. MR. KOMAROWSKI: Yeah, I gotcha. Thank you. COMMISSIONER SAUNDERS: A couple of months ago we heard some comments from the general public out there about noise, January 25, 2022 Page 39 and we had asked staff to -- Code Enforcement to make sure that there were no noise violations going on and to work with the owners there because they were going to go from, I think, five days a week of music to seven days a week of music, or six going to seven. So my question is, you said you live in fairly close proximity. Is there still a noise problem out there that you're aware of? MR. KOMAROWSKI: Yeah, but I think it's being addressed at this point. COMMISSIONER SAUNDERS: It is, okay. I just wanted to make sure of that. CHAIRMAN McDANIEL: Thank you, sir. MR. KOMAROWSKI: Okay. Thank you for letting me speak. CHAIRMAN McDANIEL: Oh, excuse me. Commissioner LoCastro, do you have a question, or do you have a comment? COMMISSIONER LoCASTRO: Well, I was going to actually ask Mr. French to come forward, because we had this conversation just yesterday. Celebration Park just received another violation, so I think he can get us all up to speed without it going into where it shouldn't go. This is public comment. But I saw he was already making his way the podium, and I appreciate it. If you can give us a short version just so we're all on the same sheet of music. MR. FRENCH: Thank you, Commissioner. For the record, Jamie French, your deputy department head for Growth Management on the Development Services side of the house. Commissioner, we did have a noise complaint from the community. Troy was in the meeting that we met with the community, I believe it was last week, Wednesday, Thursday. MR. KOMAROWSKI: Wednesday. MR. FRENCH: Wednesday. And so we had partnered with January 25, 2022 Page 40 the Sheriff's Office. We had gone out on -- I believe it was Saturday night I was out there with Code Enforcement, and we did have a violation. It's scheduled for a hearing; I believe it's February 4th. It's their second violation. And we're working currently with the management of the food truck -- of Celebration food truck park to get them through that hearing. Based on the finding, we'll take the appropriate action. Just very briefly, with regards to what Troy's brought up, I think -- and Troy is a licensed professional in this field. He works for North Collier. So he may be right. He certainly does these type of plan reviews, but the authority having jurisdiction here is Greater Naples Fire, it's not you, and that's by statute. So what I would suggest to the Board is that he may want to address this with the fire chief for Greater Naples and allow it to go that route or with Sal D'Angelo, his deputy chief, or Shawn Hanson, the fire marshal for that area, because they are the ones that provide the plan review, and they have been -- we do their plan review. If you remember, we do it by contract. They're an interlocal, so we do provide the plan review as well for building as well as site plans. So Greater Naples is very well aware of this so -- and I'm happy to make that call if that's -- if you'd like me to and inform Greater Naples of it, of the public's perception and, you know, go from there. But this is not within the Board's purview or certainly not within our statutory purview as defined by the Florida Building Code. CHAIRMAN McDANIEL: I saw Commissioner Taylor grabbing her microphone over there. She actually hit her button. COMMISSIONER TAYLOR: Thank you. Yeah, as commissioner of the district, I'm making that formal request, that we bring this to the attention of Greater Naples and get a response one way or the another. CHAIRMAN McDANIEL: Sure. January 25, 2022 Page 41 COMMISSIONER TAYLOR: Thank you. MR. FRENCH: Yes, ma'am. CHAIRMAN McDANIEL: And keep us in the loop, Mr. Troy, if you would, please. MR. KOMAROWSKI: Thank you, Commissioner Taylor, and all the Board. CHAIRMAN McDANIEL: Thank you. MR. MILLER: Mr. Chair, next up we go to our online speakers for Item 7. First up is Elizabeth Radi, and she will be followed by Jah-Naika Lopez. I hope I'm doing that justice. Ms. Radi, I see you're there. You have three minutes. MS. RADI: Good morning. My name is Elizabeth Radi, as you know already. Can you guys hear me? CHAIRMAN McDANIEL: Yes. MS. RADI: Okay. I am speaking about the housing crisis again. It is still here and not getting any better. It's only getting worse. I went to the affordable housing meeting and learned a lot about, you know, what they are doing. I was, you know, pleasantly surprised about some of the things. I was also gravely concerned about some other things that I just didn't know. And one thing was the affordable housing unit availability; there was one in Collier County. That's disheartening. Also, one thing I do know is that the first -- the low-income standards aren't even relevant to today's housing market. Whistler's Cove, a family of four is $48,000, in Naples you can't even live on that with a family of four. With our online presence with the rising up against Collier County housing crisis, stories of people are pouring in that are homeless and desperate or about to be homeless. The lady I spoke with you about at the last meeting who lives in January 25, 2022 Page 42 her car with her children, she was given three days in a hotel because she had the flu. But after that she was put back out on the street, because there's no funding available for anybody. Our organizations are stretched thin. The woman who has the autistic son that lives in a tent at the end of a street that I'm not going to name can't get any help whatsoever. Our organizations don't have the funds to help the massive influx of need and homelessness that is about to happen. We have been writing and emailing our congressmen, calling our state representatives. I've even called the office of our state -- head state Senator Wilton Simpson. And if you don't know, he's the head of the Senate for the State of Florida. He's also -- he's also the ex-husband who's married to -- or let me say this: He is -- his ex-wife is married to my brother. So I have been able to speak with him directly, and they're doing what they can. But one question that was asked to me was, what are your local officials doing to help? And I actually had to tell him I don't know if they're doing anything. CHAIRMAN McDANIEL: Elizabeth, your three minutes are up. I thank you very much. And I want you just to know, as an editorial, we're not -- this is not going unnoticed. I appreciate your comments, though. Thank you. MR. MILLER: Mr. Chair, next on my list was Jah-Naika Lopez. I'm not sure if they're still there, so let me move on to Janet Gavin. Janet Gavin, you should be getting a prompt here, Janet, to unmute yourself. If you will do so at this time. Janet? We'll try Jah-Naika Lopez again. Yeah, Jah-Naika Lopez. I see you're there. You have three minutes, please. Go ahead. Ms. Lopez? Jah-Naika Lopez, are you there? (No response.) January 25, 2022 Page 43 CHAIRMAN McDANIEL: Going once... MR. MILLER: Okay. Janet Gavin. I see Janet is with us. Janet, are you with us? Are you ready to speak? MS. GAVIN: Yes, I am. Thank you very much. MR. MILLER: Please go ahead, Janet. You have three minutes. MS. GAVIN: For the record, my name is Janet Gavin, and we reside on Weeks Avenue in the Bayshore area. Mr. Chairman and fellow commissioners, after a meeting on January 19th, 2022, with Penny Taylor, District 4 Commissioner and the county staff, I am pleased to report on Saturday, January 22nd, 2022, a cold and rainy night, Code Enforcement Director Mike Ossorio, Inspector Eric Short, Investigator Athey, and Sergeant Allen Tuff of the Collier County Sheriff's Office came to do sound readings because of multiple noise complaints over the past three years concerning Celebration Park's amplified music disturbing the peace in the Bayshore community. Several readings were taken from various locations in the neighborhood. According to the code case report for Case CEN20220000628, which I highly suggest that you look up, a noise citation was issued to Celebration Park. I am pleased the community's complaints have finally been substantiated by two violations that code requires. A Code Enforcement Board hearing is planned for February 4th, 2022, at which time the magistrate will make the decision if Celebration Park will have their amplified music permit revoked. I wish Celebration Park continued success but also demand that the residents' God-given rights for peace and safety in our homes be protected. I believe a business can coexist in a near -- in or near a residential area when the business respects the rights of the residents and abides by the ordinances created by this esteemed governing January 25, 2022 Page 44 body. No one, not even a business, is above the law created to protect the community and its citizens. I thank you for your time. CHAIRMAN McDANIEL: Thank you very much. MR. MILLER: And, Mr. Chair, that is going to be our final registered speaker. CHAIRMAN McDANIEL: Outstanding. Okay. County Manager, that takes us through Item No. 7. MR. ISACKSON: Thank you, Commissioners. I think we're going to move to Item 10, which is the Board of County Commissioners communications. Item #10A BOARD SUPPORT OF HOUSE BILL 579, FILED BY REPRESENTATIVE MELO, ON THE USE OF NUTRIENT REMOVAL TECHNOLOGY AND MECHANICAL AQUATIC PLANT MANAGEMENT TECHNIQUES IN THE LAKE OKEECHOBEE WATERSHED - APPROVED MR. ISACKSON: The first is 10A. It's a recommendation to consider Board support of House Bill 579 filed by Representative Melo on the use of nutrient removal technology and mechanical aquatic plant management techniques in the Lake Okeechobee watershed. This was supported by Commissioner Taylor. CHAIRMAN McDANIEL: Do you want to make a motion or -- COMMISSIONER TAYLOR: Yeah. I was going to say, we've all seen it. Are you comfortable? CHAIRMAN McDANIEL: Yes, absolutely. COMMISSIONER TAYLOR: Okay. So I'd like to make a January 25, 2022 Page 45 motion to support this bill in Tallahassee in written form and also, when our representatives from this board go up, to perhaps even make this appointment with Representative Melo to tell her that we are 100 percent, hopefully, behind. CHAIRMAN McDANIEL: I already called her on it, but you're good. Second? COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: Any other discussion? I thank you for bringing this forward. Again, you and I spoke the last time when this bill actually started moving through, that this board already adopted a resolution in support of moving away from the traditional methodologies for vegetation removal and such. So this is just to -- again, a furtherance of our thought processes, so thank you. It's been moved and seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. MR. MILLER: Excuse me, sir. I am sorry. I got a little bit behind there. We have a registered speaker on this item, 10A. Nancy Lewis. MS. LEWIS: Actually, I really don't need to speak now. I just wanted to actually ask you to unanimously support this bill. Kudos to our own Lauren Melo. It's for our ecosystem, our economy, and our water, so I'm definitely in support of it. And I want to thank all of you in advance for also supporting it. Thank you. CHAIRMAN McDANIEL: Sorry about that. MS. LEWIS: That's all right. January 25, 2022 Page 46 CHAIRMAN McDANIEL: We're going to dock Troy's pay if he keeps that up, so... So it's been moved and seconded that we -- that we accept the motion as brought forward. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #11A THE TENTH CONSERVATION COLLIER ACTIVE ACQUISITION LIST (AAL) AND DIRECT STAFF TO PURSUE PROJECTS RECOMMENDED WITHIN THE A-CATEGORY IN SEQUENTIAL ORDER SPENDING NO MORE THAN $14,065,100 WITHIN CONSERVATION COLLIER LAND ACQUISITION FUND (172), AND DIRECT STAFF TO START ACCEPTING APPLICATIONS FOR ACQUISITION CYCLE 11 FOLLOWING A SIMILAR TIMELINE TO CYCLE 10 - MOTION TO APPROVE ACQUISITION FUNDING – MOTION TO APPROVE W/STIPULATIONS – APPROVED; MOTION TO MOVE FORWARD WITH BOTH CATEGORY A & B – APPROVED MR. ISACKSON: Commissioners, that moves us to Item 11, January 25, 2022 Page 47 County Manager communications. The first item is 11A. It's a recommendation to approve the tenth Conservation Collier active acquisition list and direct staff to pursue projects recommended within the Category A in sequential order spending no more than $14,065,100 within Conservation Collier Land Acquisition Fund 172, and direct staff to start accepting applications for Acquisition Cycle 11 following a similar timeline to Cycle 10. Summer Araque, your principal environmental specialist in your Parks and Recreation Division, will present. CHAIRMAN McDANIEL: Before we go, I apologize. I forget that the TV's on and everybody's writing down everything that I say. It's a standard joke of mine when someone makes a -- when someone makes an error, I suggested about docking your pay, and that is just a joke. I don't want you to flinch. MR. MILLER: I didn't even hear you, sir. Sorry. CHAIRMAN McDANIEL: The Naples Daily News is back there, and it will be on the front page. COMMISSIONER LoCASTRO: I heard him. I second the motion to dock the pay. MR. MILLER: All right. That I heard. CHAIRMAN McDANIEL: To that end, if you -- you do an amazing job, Troy -- MR. MILLER: Thank you, sir. CHAIRMAN McDANIEL: -- and so seldom make a mistake, and so I gave you a little shot. So please continue. MS. ARAQUE: Thank you. Good morning. Summer Araque, Conservation Collier program coordinator, for the record. Today I'm here to present to you the Conservation Collier Acquisition Cycle 10. I'm going to provide you an overview of the acquisition cycle, and then I will review the acquisition list with you and, if you choose, I can go over all of the 10 project areas. And January 25, 2022 Page 48 then, of course, we'll look at the recommendation together. This is a summary of Acquisition Cycle 10. What you see here on the right is a summary of the active acquisition list. The program started accepting applications on February 1st, 2021, with a deadline of July 31st, 2021. You may recall that last May I presented to you the target mailing areas, after which we mailed 600 letters to target properties, and of those we received 38 applications. In total we received 47 applications. All properties were reviewed for the initial screening criteria which is a desktop review that staff does in accordance with the ordinance and presented to the advisory committee. Of those 47 properties, the advisory committee selected 42 to move forward to a full report of which is called the Initial Criteria Screening Report, also in accordance with our ordinance. So, again, this is a summary. These properties were grouped into project areas where applicable. Each individual property was ranked by the advisory committee on December 9th at 5:00 p.m., and this resulted -- again, in accordance with the ordinance, the properties grouped into A, B, and C on the active acquisition list. The A list resulted in nine project areas for a total of 39 properties, excluding the multi-parcel project areas. I do need to make a correction. There was an error in the spreadsheet. The total A-List properties are 774 acres, not 1,144. And then on your B list there are three properties recommended by the advisory committee, and the C list there are two properties. This is the full list, which is two pages long, and that shows you all of the project areas with all of the parcels on them. The project areas range from two to 20 parcels. The project with the most parcels is the Panther Walk Preserve area project, and that is also known as Horse Pen Strand. January 25, 2022 Page 49 So just to speak a little bit about these project areas, some of these were formed based on -- based on an application such as the Big Hammock, that was an application by Barron Collier, and some were because they're next to an adjacent preserve. So many of these project areas that you see are adjacent to an exiting preserve, and we named that project area based off of the existing preserve name, and you will see the preserve in the project area name. This was the full list that was provided in your packet. Here's a map of all of the project areas. This is an overview of the project areas throughout the county, which include the A list, the multi-parcel project, the B and C list projects. There are -- so at this point what I would like to ask you is do you want me to go over -- it seems like we do have time. And if you would like me to take five minutes, I can go over all of the 10 project areas. If not, I do have two properties that I do need to discuss with you. What is your pleasure? CHAIRMAN McDANIEL: Start the clock. Five minutes, Troy, she said. MS. ARAQUE: Okay. As long as you don't have any questions. CHAIRMAN McDANIEL: And, Summer, I'm joking. Please -- if you would please do that. MS. ARAQUE: Yes. I think we do have time, so I would go over the 10 project areas. And if you would like, if you have questions as I go through each one, please let me know. Okay. So the first project area is located immediately south of the Pepper Ranch Preserve. This is referred to as the Big Hammock area, and there's Areas 1 and 2. These are actually two separate applications. As Area 1 -- actually Area 2 is within an SSA, and Area 1 is not. So that means that they had to have two separate applications because they need to be considered -- they are January 25, 2022 Page 50 considered differently. As indicated in the executive summary, Barron Collier partnership has advised that they will seek to obtain the R2 restoration credits under their SSA agreement after the potential sale to the county; therefore, Area 2 is not recommended for acquisition by staff until such time that the SSA agreement is withdrawn by Barron Collier for Area 2; however, staff is in support of acquisition of Area 1. This map shows you Area 1 and 2 in relation to the Habitat Stewardship Area and Flowway Stewardship Areas within the Rural Lands Stewardship Area, also known as the RLSA. The next property is the Sanitation and Bethune Road parcels. I do need to make you aware that we just received information on Friday regarding this property that DEP has been testing for a chemical series known as PFAS, and this has been detected on the subject property; therefore, staff recommends keeping this property on the B list as recommended by your advisory committee. And also to note, as indicated in your executive summary, the landfill has been excluded from the sale, and that's shown on this slide as well. Okay. Moving on to a parcel that we have in the urban area just down the road. These are referred to as the Bayshore parcels. This is on the A list, and this is at the southern terminus of Bayshore Drive, 71.16 acres, and that is surrounded by the Isles of Collier Preserve. Next are five parcels that would be in addition to the existing Conservation Collier Dr. Robert H. Gore, III, Preserve project, and those are five separate owners, for a total of 17.59 acres. One of those properties is a donation, and our advisory committee asked us to go ahead and move forward with that donation, and you guys are going to review that contract. January 25, 2022 Page 51 Next we have the HHH Ranch, 252 acres. This is immediately east of the 960 acres owned by Collier County. And then moving to Marco Island, there were four applications on Marco Island, and the two properties are on the A list. These properties have gopher tortoise on them, and the one property on Watson Road has a burrowing owl. The other two properties are the -- we have one on the B list and one on the C list. We have parcels near the Panther Walk Preserve. This is within the Horse Pen Strand, and there are 20 parcels which are near by the existing Panther Walk Preserve. This is known as the Pepper Ranch Preserve project expansion of the existing preserve, we have three owners, and this is south and east of the preserve off of Trafford Oaks Road. Next we have the parcels near the Shell Island Preserve, and these parcels are next to Rookery Bay as well. And the Magdalener parcel is on the A list, and the Rookery Bay Business Park, which is a PUD, which was classified on the C list by the advisory committee. And then, finally, we have what you will see on the active acquisition list as a line -- two line items for preserve expansion parcels. This was a concept that was brought forward and discussed with their advisory committee that if any of these parcels that you see on here that are adjacent to an existing preserve only at Panther Walk and Gore, if they come for sale and we've acquired all other properties within the cycle, we would be able to make them an offer. And this was based off of something that happened next to the Gore preserve where a property came up for sale. We weren't in a cycle yet, and there was concern that that property was going to be -- was going to be developed. So that would give us the ability to make an offer, and it would be based off of the appraisals that we obtain in this cycle. And now we are to Board recommendation. Do you have any January 25, 2022 Page 52 questions on any of the properties or the cycle list? CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I'm curious about the Bethune property. MS. ARAQUE: Okay. COMMISSIONER TAYLOR: That -- so we're just going to -- we've moved it, or we're just not going to go forward? I mean when you start finding stuff in the ground, it gets kind of risky business here. MS. ARAQUE: So the advisory committee, in December there were comments that were made that there would be concerns of contamination, and we have since been -- received information on Friday that there are some known chemicals. Of course, further -- I think further testing needs to be done in that area, but I think that for now -- so staff was recommending that it actually go to the A list -- COMMISSIONER TAYLOR: Yes. MS. ARAQUE: -- because it's an urban -- in the urban area -- COMMISSIONER TAYLOR: Yes. MS. ARAQUE: -- but we would now agree with the advisory committee and say to keep it on -- at least keep it on the B list, not have it on the A list. COMMISSIONER TAYLOR: So as staff knew -- this was before they knew about the findings in the ground, correct, that staff -- MS. ARAQUE: Right. We just found -- like, we found it out just this past Friday. We couldn't even -- we didn't even have time to put it in your executive summary. COMMISSIONER TAYLOR: Yeah, this is -- this would be a wonderful property for stormwater issues but not if it flows -- not if it's underneath the ground. So when are we going to know what's in the ground and where January 25, 2022 Page 53 is it coming from? MS. ARAQUE: We would have to have more discussions with Pollution Control. COMMISSIONER TAYLOR: I can talk with them. MS. ARAQUE: And PFAS is not quite yet regulated. It's a chemical of emergent concern, so there's more information, and we would need to discuss that with Pollution Control. COMMISSIONER TAYLOR: Is this privately held or by a corporation? MS. ARAQUE: Barron Collier. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you. A couple of questions and maybe some clarification. So as I understand it, what we're going to be asked to do today is vote on the A list, and the A list doesn't mean -- and maybe the question's for you or even our County Manager. The A list doesn't mean we automatically buy this property. It just means, as I see it worded here, is that we are basically agreeing to actively pursue the A list and then go down, and then this will come back to commissioners with recommendations saying possibly. Two of the properties on the A list didn't meet the cut or there's concerns -- or I know I'm probably oversimplifying, but is that the correct assumption? And it's not just for our own edification, but for everybody in the audience so they know what we're about to vote on. MR. ISACKSON: Summer, why don't you talk about the word "pursue" and the appraisal process to give the Board some -- give the Board a flavor of what -- where we go. What's the next step. MS. ARAQUE: Yes. Okay. So pursue is the next step would be every -- all the properties within the A1 would be the first properties that we would get appraisals for. The intent, and by what January 25, 2022 Page 54 the ordinance says, is A is -- the intent is that we would acquire those properties. They're grouped into the 1, 2, and 3 because then that gives staff a way to -- well, an easier way to kind of -- you know, it's hard to get, I think, appraisals for 40 properties all at once. COMMISSIONER LoCASTRO: Right. MS. ARAQUE: Granted, there are a lot here that we still need to get appraisals for. So we get the appraisals, and then we would make the offer based off the appraised value, and then we would bring -- Real Estate would do everything that they need to do. They would get the contract, the sales agreement together, and then that would come to the Board of County Commissioners. So you would have a second look at the property when the sales agreement comes before you. COMMISSIONER LoCASTRO: And some might fall out because the owner might not agree with the appraisal and say, you know, I'll keep the property. Okay. So I say this to set up, really, my second question. And help me with the protocol here. But some constituents in my district who are very environmentally conscious -- and I will say it was -- I got a lot of great information from someone that's in the audience here who's a Marco City Council member, Dr. Rich Blonna, who has a lot of expertise in this area. There's a parcel on List B that didn't make the List A cut, but I spent a lot of time talking to people that have expertise about this one particular parcel. I visited it yesterday. I spoke to Dr. Blonna quite a bit, and Meredith Budd was in my office yesterday. So help with the protocol here. Maybe it's a motion later down the road. But I feel very passionate about having that parcel considered in List A. It doesn't mean we're buying it or anything, but it means that it will get another look and it will get appraised and whatnot. January 25, 2022 Page 55 And so I don't know, you know, maybe it's after we vote on A and it's a second, but that's what -- what we would also be doing. Let's just say that that was approved. It doesn't mean we automatically buy it, but it means that I'm making the motion because I've gotten a lot of information that is sort of in between maybe A and B, and I would really like it to get a strong look. So is that something that's after the initial, okay? Okay. Got it. CHAIRMAN McDANIEL: Commissioner Saunders has a quick question, and then we're going to take a court reporter break for 10 minutes or 15? THE COURT REPORTER: Ten. CHAIRMAN McDANIEL: Ten. Commissioner Saunders. COMMISSIONER SAUNDERS: I want to kind of make a comment for staff to think about this during the break, and then I have a series of questions. CHAIRMAN McDANIEL: Oh, sure, we all do. COMMISSIONER SAUNDERS: It's really not just a quick question. But my understanding is that the list, the A list is fairly small. That's not a criticism. It's just that it's limited by the amount of money that's available. And we have $12 million that we spent out of the Mitigation Fund. That -- those funds have to go back into the program, into the Mitigation Fund. My comment is, we know we have to pay that money back, and we're going to do that, but we don't have to do it immediately. We can spread that out or we can do it in future years, because there's plenty of money in the Mitigation Fund right now. MS. ARAQUE: So are you talking about the properties that we bought in Cycle 9? COMMISSIONER SAUNDERS: Yes. January 25, 2022 Page 56 MS. ARAQUE: Those were actually 3.5 million and, yes, we did take that off the top for this budget here. COMMISSIONER SAUNDERS: Okay. So -- but I understood that there was about $12 million that had to go back to the Mitigation Fund. I may be wrong on the numbers. CHAIRMAN McDANIEL: Plus minus, you're correct. COMMISSIONER SOLIS: The Maintenance Fund. MS. ARAQUE: Yeah. We're -- understanding was 3.5 million. CHAIRMAN McDANIEL: You referred to it as a mitigation. It's a maintenance fund. (Simultaneous crosstalk.) MS. ARAQUE: It's a management fund. COMMISSIONER SAUNDERS: Yeah. Okay. So how much did we spend out of -- MR. ISACKSON: Commissioner? COMMISSIONER SAUNDERS: -- the Management Fund before the new program was approved by the voters? We authorized, I think, 17 million, and I thought 12 million had been spent. MS. ARAQUE: 3.5 million. COMMISSIONER SAUNDERS: So the 3.5 million is going back into the Management Fund, and all I'm saying is, we don't need to put 3.5 million back into the Management Fund. We could put that into acquisition in this -- in this current cycle. So I want staff to kind of think about enlarging this. I think there was some discussion about Marco Island. There are a couple parcels there that, from what I understand, are very significant. So I just want staff to kind of think about whether we can expand this going forward today, and I'll ask questions when we get back. CHAIRMAN McDANIEL: All right. You're going January 25, 2022 Page 57 to -- consider those recommendations or suggestions, and we're going to come back at 10:42. (A brief recess was had from 10:32 a.m. to 10:42 a.m.) MR. ISACKSON: Mr. Chair, Commissioners, you have a live mic. CHAIRMAN McDANIEL: If everybody would please kindly orient back to your seats. There's only three of us here, so we could get some things done real quick if you want to make a motion. COMMISSIONER SAUNDERS: All right. Do you want me to go ahead and start? CHAIRMAN McDANIEL: Please proceed. COMMISSIONER SAUNDERS: All right. I was getting my numbers confused, but here's what the concept is that I'd like for the Board to consider, and it's a question for our staff. In the older program we spent about $3 million out of the Management Fund. I thought it was the 12 million, but it was three million. And the other nine million to bring this total Management Fund up to 12 million is the 25 percent from the current collection. So that gives us an additional $12 million that's going straight into a Management Fund. The Management Fund has a lot of money in it already. I think we determined that even taking money out of it, there was still enough money in the Management Fund for 15, 20 years. So it's critically important. We have to put that money into management; there's no question about that. But we don't have to do it all in -- we don't have to put that 12 million in in year one. I think it's more important to acquire properties, because of the hot real estate market we have, especially when you look at some properties on Marco Island that are -- that are prime for development, and some of the other parcels. So what I'd like -- what I was trying to get at is, not -- this is not an effort to avoid putting that 25 percent into the Management Fund. January 25, 2022 Page 58 It's not an effort to avoid putting that three-plus million back into the Management Fund. It's an effort to focus on acquisition in these early years and then make sure that we put those funds into management, but we don't have to do it right now. And that's kind of the policy issue I would like to throw out. And if that's acceptable, then let's expand this list and acquire more properties, especially I think there were a couple that are just really important, you know, the Aqua Colina I think was very important, the Rookery Bay Business Park, those types of parcels will not be available if we don't act on them. So that's the question I have for staff and for the Commission. Can we make that policy decision and move forward more quickly with acquisitions and fund the Management Fund, perhaps, a few years down the road recognizing there's plenty of money in management right now? COMMISSIONER SOLIS: Can I just -- and I know I'm No. 3 on the list, but just something in relation to what Commissioner Saunders has said so I can understand the issue. I just want to make sure, the funds that we have available for the purchase I understood was about 14 million. MR. ISACKSON: Let me -- maybe I -- COMMISSIONER SOLIS: Is that net of the three million, or is that -- I just want to make sure I understand. MR. ISACKSON: Let me give everybody a little tutorial on what's sitting in the Management Fund, what's sitting in the Acquisition Fund. COMMISSIONER TAYLOR: Yes. MR. ISACKSON: There's a 14 -- a little over $14 million sitting in capital outlay in your Acquisition Fund right now, separate and distinct from the repayment to monies that will go to the Maintenance Fund, sir. There's 35-plus million dollars sitting in the January 25, 2022 Page 59 Maintenance Fund in reserves right now. As Commissioner Saunders says, you're deferring 25 percent of the $26 million levy each year toward perpetual maintenance of the properties that we have acquired and will acquire. The levies -- the levy is for 10 years. Roughly -- if you didn't factor in taxable value increases, that's roughly $270 million; 25 percent of that, 65'ish and change, 65 million in change back to the -- CHAIRMAN McDANIEL: That's over a 10-year period. MR. ISACKSON: Yeah, over a 10-year period. COMMISSIONER TAYLOR: Sixty-five -- MR. ISACKSON: Roughly 65 million -- remember, 25 percent of the levy that you collect goes to the maintenance of the lands you acquire and have acquired. So I guess the point is, you have flexibility, if the Board desires, to essentially accomplish -- if the goal is to accomplish immediate acquisition of parcels, whether on the A or B list, that would be a Board policy decision in terms of where that goes. But you have the flexibility to accomplish that, I think, knowing that you have a 10-year horizon that you're dealing with in terms of the program right now. COMMISSIONER SAUNDERS: And Mr. Chairman -- CHAIRMAN McDANIEL: Yes, sir. COMMISSIONER SAUNDERS: -- and Commissioner Solis, that's what I was trying to get at. I just had incorrect numbers. But not an effort -- again, not an effort to avoid that 65 million going into management funds but focusing more right now on acquisition, especially some of these parcels that are listed here that may disappear if we wait until next cycle. CHAIRMAN McDANIEL: And we'll hold -- I like that thought. We'll hold that thought to the end, and we'll have some January 25, 2022 Page 60 discussion with regard to that. Commissioner Solis, you were lit up. Was that in that regard or something else? COMMISSIONER SOLIS: Yes, it is. CHAIRMAN McDANIEL: You okay for now? COMMISSIONER SOLIS: I can say it now, yeah. I mean, in -- I understand Commissioner Saunders' concept. I mean, you know, I've been the stick in the mud, I think, on the use of the maintenance funds for acquisitions, and I think I just -- I feel it's important that we do pay that back because we can always make that argument moving forward that there's money in there now. And, you know, the -- we -- I voted to move ahead and use -- I think there was one purchase that we used that I think -- I think I voted for it. Maybe I didn't. But, you know, this is the way we end up not having the money we want in there, because next year we'll have the same kind of situation. So, I mean, I respect the idea, and I'm in favor of purchasing as much as we can, but long term I think we need to do the fiscally -- most fiscally responsible thing, and that is pay it back first. CHAIRMAN McDANIEL: I concur. Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. This is very difficult because I can appreciate both positions on this; however, I am leaning more to the conservative that we put money aside on an annual basis for the maintenance. Having sat here with your predecessor, sir, Tim Nance, who argued very effectively, are you kidding? We can't keep buying properties and not having enough. Do you know how expensive it is to maintain these properties? That argument stays with me. And I know it's expensive, and it's -- it will continue to be such. And I'm -- I'm leaning more to every year we put some money aside. Now, maybe we can make an exception. If we make an January 25, 2022 Page 61 exception, then the next year it's double. CHAIRMAN McDANIEL: Sure. COMMISSIONER TAYLOR: It's 50 percent. CHAIRMAN McDANIEL: And a quick solution, and with no definitive parameters, is maybe amortizing it so we have a fixed amount or we have an allotted amount going forward for the amortization of those monies that were borrowed from the maintenance and not all in one lump, which would appropriate more for acquisitions immediately but still fortifying going forward. MR. ISACKSON: Commissioners, there is a thought that -- remember, this is coming back to you once we know what, in fact, we're dealing with in terms of dollars and cents. Maybe we reserve the further discussion once we have the appraisal numbers and we know what we're dealing with. That way you can begin to decipher further your A and B list. That might be an option for you guys to look at. CHAIRMAN McDANIEL: And a little -- one of my notes here is a little closer approximation on these acquisitions about the ongoing maintenance that we have. So I -- so, Commissioner Saunders and then Commissioner Taylor. COMMISSIONER SAUNDERS: Well, I was going to talk to the stick in the mud over there, but now I have two sticks in the mud. COMMISSIONER TAYLOR: Two stick in the muds. COMMISSIONER SAUNDERS: And maybe another half a stick in the mud. CHAIRMAN McDANIEL: I'm not sticking. I'm kind of thinking that we could do it a little differently. COMMISSIONER SAUNDERS: Again, this is not an effort to avoid fully funding the Management Fund. We have to do that. That's part -- that was part of the referendum. There's no question about that. January 25, 2022 Page 62 CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: It's a question of when and how we do that. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SAUNDERS: And I understand, the math pretty easy. If we don't fund it fully this year, then we have to fund it -- it's more of a percentage next year. That's -- you know, that's pretty easy math. The other easy math is, property values are going up. Sale -- it's going to be more expensive to buy some of these parcels next year than it is this year, and some of these parcels, especially -- and I'll, again, point to Marco Island -- and this is Commissioner -- the commissioner from that area -- CHAIRMAN McDANIEL: LoCastro. COMMISSIONER SAUNDERS: -- Commissioner LoCastro's issue, but it's also a countywide issue. And so I want to see us do that, but if we can't get three votes to do it, I understand. But you guys are sticks in the mud if you don't -- self-proclaimed sticks in the mud. CHAIRMAN McDANIEL: I'll go to the second stick in the mud. Commissioner Taylor. COMMISSIONER TAYLOR: I'm going to turn to our County Manager who's brilliant in these kind of things. How can we make more money in the fund that keeps the maintenance? I mean, we're not -- I know we're not just letting it sit there, but there's got to be a way to manage that fund so it becomes income-producing also. MR. ISACKSON: Well, remember that your investments are handled by the Clerk of the Circuit Court, and they have a free -- I mean, you have a very specific investment policy, which is very conservative. And while we've had these discussions about isolating the fund and possibly getting some additional return, we can still January 25, 2022 Page 63 have those discussions. But, remember, you have a pooled concept of investments in this organization. So it's -- and I'm probably out of my league a little bit when you start talking about how we handle our investments and things of that nature. But I will tell you that I've had conversations with Derek Johnssen, who's the financial director for Ms. Kinzel, the Clerk of the Circuit Court. And there may be a way to do it. I don't want to commit to it. But knowing that I have 35-plus million dollars just sitting in a pot right now and it's not going to get touched to the -- to a great degree unless the Board decides that they're going to take $10 million out of it here and there. But you could always reserve portions of it, I think. And that's a conversation that I think continues -- we have to continue to have with the Clerk of the Circuit Court in terms of investments. And it might require a change in your investment policy. COMMISSIONER TAYLOR: But can we change -- and this is a legal question, perhaps. But can we change our investment policy for one pot? And under -- with the -- with the justification that this is long term, we know what it's heading for, et cetera, et cetera? MR. ISACKSON: I'm not so sure that -- I said it may require a change in your investment policy. I'm not so sure that it actually will require it. There may be enough flexibility in it for Mr. Johnssen and the Clerk to think outside the box a little bit. So let's -- I don't want to propose to speak for them, but I think that conversation can happen. COMMISSIONER TAYLOR: Well -- and I don't know if I have support of the Commission, but I think that's a very important conversation to have. CHAIRMAN McDANIEL: Certainly -- certainly we don't -- we don't want to make any rash decisions today necessarily. I think more -- maybe we have another agenda item come back to us, January 25, 2022 Page 64 because one of my questions is, before we can make that rational decision on what we do with those funds that are dedicated to the maintenance is actually having it -- one of my questions is, the ongoing maintenance of these newly-acquired properties, what's that going -- because that's going to -- this fund has been designated as a perpetual maintenance fund. It is not. We learned that several years ago. So I think that conversation, Commissioner Taylor, with regard to how we can utilize these funds and what we can and can't do can maybe come at a later date when we actually get a little tighter on what our ongoing maintenance has been, what the estimate of those costs going forward, in fact, are with the new decisions as we go, and maybe even have that brought into the criterium for the decision making on the acquisitions as we go. So I think for now we've moved through -- you've got a general idea, Ms. Summer, that we're looking for more information in that regard, so... Commissioner LoCastro. COMMISSIONER LoCASTRO: I just wanted to clarify a couple things. You know, we've got a lot of citizens in the audience here and people who watch and, you know, we've had some citizens eloquently speak at the podium about affordable housing needs and, you know, where to spend our county money but, you know, to understand this process, make no mistake, this isn't money we can just move around. So I can tell you, we're going to get 100 emails from citizens today if we don't clarify this saying, I can't believe you're spending $12 million to save tortoises, yet people are sleeping in their cars. And the reality is, this is what voters voted for at the last election. This is the Conservation Collier environmental protection land acquisition program. Our job is to take the money that has been January 25, 2022 Page 65 allotted for that and find the best way to spend it, and then as we're all saying here, it's not just acquiring the property, but once we acquire it, then there's a big, you know, maintenance cost. So we don't want to pat ourselves on the back grabbing all this acreage and paying fair market value for it and then, you know, we're stuck with it, and we don't have the funds to maintain it. But make no mistake, you know, the other issues that are in the county, this isn't money that can be moved around. Voters voted for this. It was a close vote, correct? But it passed. MS. ARAQUE: Seventy-seven percent. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: It wasn't a close vote. COMMISSIONER LoCASTRO: Okay. All right. Well, it was close in my district, because I got a lot of people that weren't for it. But, regardless, it passed, and now our job is to execute it. So, you know -- so I just wanted to make that clarification. But also to the points that were made up here, to stress, again, we're not voting on buying anything today, so I don't think we need to drag this meeting out too long. What we're voting on here is taking a list that we think is a priority and should get a look, and you've got the perfect slide up here right now. And if we think there's stuff in the B list and the C list that warrants a tighter look, we can make a motion to put it in the A list. You know, I've done a deep dive just on one piece of property on the B list, so I don't want to speak with eloquence on pieces of property that I don't have as much knowledge on but other people here might. But I just wanted to clarify that. That's all we're voting on here. And it's also to spend money that -- you know, the term we used to use in the military is this is fenced money, so we can't just, you know, wipe this clean and then move 25 million or 12 million over to the Affordable Housing Fund. That's not the way it works. January 25, 2022 Page 66 So 77 percent of our population wants to see this happen, and that's what we're doing right now. And we're not voting to buy anything today. So I concur with my colleagues here who have said, you know, I don't think it costs us anything to consider expanding this list so that when it comes back to us we have a wider aperture of things to consider, because some of the things that we might add to the A list today might not come back to us. That might come up with an appraisal, and the owner says, no, not enough, not interested. So, you know, let's not, you know, cut off our nose to spite our face by minimizing the opportunity to look at the largest inventory of properties to consider, is what I would say. MS. ARAQUE: So I want to clarify just to make sure, because Cycle 9 was a quite different cycle. We're going back to a regular cycle. So the properties that are on the A list are properties that you want staff to pursue. So we would go, and Collier County would spend the money on the appraisals, and by our purchasing policy, if it's over $500,000 estimated value, we would get two appraisals. So those are some costs that we do want to think about, and any other type of due diligence reports, Phase 1, Phase 2 testing that we think needs to be done on any site. So -- but the process has been, prior to Cycle 9, and because now we are funded, we are going back to this as a regular cycle. When we say "pursue that property," we get the appraisals, we make the offer, and then we bring the contract to the Board. So by -- COMMISSIONER LoCASTRO: But we're the final decision process. MS. ARAQUE: You are the final decision; however, I think that the A list, by what the property owners are seeing, is that you-all want to buy the property. COMMISSIONER TAYLOR: Yep, that we agree with you. January 25, 2022 Page 67 MS. ARAQUE: Yes. So I would -- I just want to make sure that -- to clarify that. If it's on the A list, that the Board of County Commissioners is saying we do want to buy the property. Now, of course, if the property comes back and it's not within 10 percent of the estimated value here, I would definitely understand where, when we bring it back to you, there might be some hesitation, especially if it's not 10 percent and under. COMMISSIONER LoCASTRO: But here's what could change. If we expanded the list and added more to the A list and then all the property owners agreed and you brought us a big list of all property owners that want us to buy it, we could sit up here and say, wow, that list is a lot more expensive than we thought, and we would look at maintenance costs and whatnot. So I'm not here to rubber stamp anything. I don't care if this goes through the whole process and you come back here and it's like, okay, final thing. You know, we've appraised. All the property owners have agreed. We still have the opportunity here to say, wow, that's a big number, you know, more people agreed than we thought, or now that we look at the appraisals, they're more than what we expected, right? So, I mean, the final step here isn't just a rubber stamp when you come back. And I'd like the opportunity to be able to consider a larger inventory of properties, especially ones that I think are in between A and B. I think it's worth the investment for the county to do an investigation to bring us back the best information possible before we spend taxpayer dollars on property. MS. ARAQUE: Okay. So if you're -- I'll let you guys continue with your conversation. I know you have public speakers, but at the end I may need some clarification depending on what you decide, because -- COMMISSIONER TAYLOR: You have to make the offers -- MS. ARAQUE: Right, because we do -- January 25, 2022 Page 68 CHAIRMAN McDANIEL: Well, let us continue with -- MS. ARAQUE: So we'll let you talk, but I would like some clarification at the end onto how you want me to proceed, if it's differently from how we have in the past with appraisal, make offer, bring you the contract. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: We'll get there. Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. Just -- and I may need you to stay at the microphone there for just another minute. But, Commissioner LoCastro, the reason -- and this may -- I want to make sure this is a correct statement. So I need staff to -- I need you to hang on for -- to listen and make sure I'm making an accurate statement. The A list is going to be driven by the properties that are the most valuable according to the committee, but it's also going to be a list that meets the budget. So, for example, you have $12 million to spend this year on properties because you've got $12 million going into the Management Fund. So if you had more money for acquisition, that A list may have been expanded. So, for example, if you had $20 million instead of 12, you probably would have had more properties on the A list. I see that that may not be an accurate statement, and I'll need an explanation as to why that's not accurate. But, Commissioner LoCastro, to get to your point, to get more properties on that A list in this cycle or for immediate consideration, there has to be some policy decision made on how much money's going to go into that Management Fund. COMMISSIONER LoCASTRO: Absolutely. COMMISSIONER SAUNDERS: So that's the reason that -- COMMISSIONER LoCASTRO: But it's possible if we January 25, 2022 Page 69 decided to make the A list bigger, some of the properties that are currently on B that were possibly moved to A, may -- when you come back here, after you've done your due diligence and you've done appraisals and whatnot, we might find that some of those B properties actually are a higher priority than some of the ones that are sitting on A, right, possibly, so that we do ensure that we don't overspend the account, you know, the budget. And so that was just my point is that in the end, obviously, we don't just buy everything on the list. And if we -- if we expand the list today and it comes back to us and it's larger than what we can afford, then we have to make some decisions. But it's possible that you might have some further information or we might have further information on a few of those parcels that we feel passionate about aggressively defending, that they stay on the A list. That was my point. But, absolutely, I understand what you're saying. We can't spend more money than we have. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Actually, in regards to the list, I mean, I am interested in hearing more about the Aqua Colina property. And I see the chair -- I think Mr. Poteet is still the chair of the CCLAC? MR. POTEET: (Nods head.) COMMISSIONER SOLIS: You know, I'd like to hear a little bit from him, if he's willing, as to why that was a B property, because I think it might go to the issue that -- part of the issue that Commissioner Saunders just framed. I mean, what -- why wasn't that part of the A list? CHAIRMAN McDANIEL: If I might -- if I might add -- and I don't want to take away from William's comments. But maybe, again, one of the discussions we as a board setting policy, we may want to have a discussion about the ranking process at large. January 25, 2022 Page 70 One of my suggestions is is that -- because these properties are all ranked on a criterium that's already established, and Ms. Summer is having a difficult time because of the old way we used to do things and then the new way we went to go do things, and she's trying to -- I think, trying to blend, appropriately. One of my suggestions is is maybe we revisit the ranking process at large and so that when properties are, in fact, ranked, the criterium for that ranking isn't price based. The Board here has that discretion to pick and choose amongst the properties that are ranked, and maybe that price component necessarily come out at that level from the ranking process -- COMMISSIONER SOLIS: From the CCLAC. CHAIRMAN McDANIEL: -- from the CCLAC and then added back in. Because one of the -- one of the things that's come to my attention is the folks that are physically doing the ranking are actually making budgetary decisions with regard to the availability of our monies, and that's not necessarily what this board would actually want. So it was a thought that I wanted to have -- or discussion that I wanted to have. COMMISSIONER SOLIS: And I think that would be for Cycle 11. I mean, we have the list that we have, and it was -- I mean, I think that's going to take a lot of discussion because, I mean, the CCLAC makes the recommendations, ranks the properties based upon the criteria that we've adopted. You know, I think the -- since it's taxpayer money, I don't know how we take the cost of the money -- of the land out of that analysis because if there's one thing we're supposed to do, and that is we're supposed to make sure that we're as careful with taxpayer money as we can be. So -- but I'd like to hear just the thought process and what the discussion was at the CCLAC in terms of the two properties that were on the Cycle B. I mean, I'm not against, you know, expanding the January 25, 2022 Page 71 list, but we have a recommendation from the CCLAC that we have put a lot of faith in over the years, and I'd like to hear some of that. MR. POTEET: For the record, my name is Bill Poteet, and I am the chairman of the Conservation Collier Land Acquisition Committee. And I thank the Commission for the opportunity to serve. To address Commissioner McDaniel's first comment, yes, we look at fiscal policy when we're looking at the properties. We broke it down, knew we had approximately $14 million available to spend on this cycle after we'd taken the money out to pay for Cycle 9. And so we looked at that, and we approved about $12 million worth of properties, although during our discussion, we didn't discuss this is 10 million or this is two million or whatever. We just went through and ranked the properties and then, ultimately, it ranked out about 12 million. COMMISSIONER SOLIS: Okay. Can I just jump in? Because I just heard what I -- and I'm sorry if I'm not following this. It's 14 net of what we borrowed from the maintenance, or it's 14 -- MR. POTEET: No, no. Out of the $26 million, we took out the management fee, the 25 percent. COMMISSIONER SOLIS: Right. MR. POTEET: And then we took out the money that we borrowed from the Management Fund -- COMMISSIONER SOLIS: Okay. Because that's -- MR. POTEET: -- in Cycle 9, and left us around $14 million of properties that were -- money that was available to purchase properties this year. That was our mindset. COMMISSIONER SOLIS: Okay. So net of the loan from the maintenance and what we had to take out of the collections this year for maintenance, the 25 percent, there's 14 million. MR. POTEET: That is what we -- approximately what we were January 25, 2022 Page 72 told. COMMISSIONER SOLIS: Okay. MR. POTEET: And then we ranked the properties, and they came out to be about 12 million. And -- you know, and we were very happy with that. There were some people that came back at the next CCLAC meeting in January and wanted to talk about the additional -- adding the Marco Island property to the list, which we decided as a committee not to do so because it would break precedent. And we have a system that we've adhered to for 20 years in 10 cycles, and we just wanted to keep with that, because the public understands Conservation Collier. You know, when we tell them we're going to do something this way, we do it this way, and we don't break ground on it. Now, the commissioners in the past have purchased properties that are not recommended as an A property. COMMISSIONER SOLIS: Right. MR. POTEET: It doesn't happen very often, but it has happened in the past, so -- COMMISSIONER SOLIS: Sure. So my question is, so when the group came back and said, why don't we add the B properties to the list? Because there is -- if there's 14 million and the A list totals 12, then there's still a couple million dollars, theoretically, left. What was the CCLAC -- I mean, what was the decision based upon to not do that? I just want to understand that. MR. POTEET: Well, we talked about it, and it's on film. COMMISSIONER SOLIS: Yeah, I haven't had a chance -- MR. POTEET: Basically, we just didn't want -- we made our decision, and it's on the B list. We would consider it again next year at this time if the property's still available. I mean, on the property on Marco Island that most people have been discussing today, there were several members on the committee, including myself, that had January 25, 2022 Page 73 an issue spending over $2 million for a property that's just about a half acre. It's just an extremely expensive property, and we could take that $2 million and buy other environmentally sensitive lands in Collier County and get much more acreage. And so -- and we wanted to do that. In our first three cycles -- I think it was first three cycles -- because I'm the only person in this room that's been here for 20 years on the committee. We didn't spend all the money that year. It wasn't until we hit Pepper Ranch and Railhead Scrub that we actually went into, because those properties were about $32 million each. And so we used that, and we went to bonding there. But up till then, we worked within the available monies that had been collected that year in the tax revenue. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: You good? COMMISSIONER SOLIS: Yeah. I'm good. Thank you very much. MR. POTEET: And it's just -- Aqua Colina just a comment on that, it's a beautiful piece of property. There's no question about it. Part of it was disturbed when they put the seawall. I had -- and I wanted to bring that -- because typically we don't buy anything that's been disturbed. We try to get as pristine properties as we can. But there were many members on the committee that liked that particular property. It just didn't get enough votes in order to get on the A list, so... CHAIRMAN McDANIEL: Thank you, sir. MR. POTEET: You're welcome. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: So, Bill, first I thank you for your dedicated service. And you might want to stay at the podium; you might not. I want to just make some statements. January 25, 2022 Page 74 So I heard everything you said. And I don't want to take any of your words out of context. But in my mind the overall priority isn't to be real estate agents here and buy acreage. I'd rather buy a half an acre that's $2 million that's loaded with tortoises then get a bigger bang for our buck somewhere down the road and get 11 acres that still is environmentally sensitive but, you know, like you said, it is a better bargain. I know from what I've learned, you know, on that piece on Marco Island -- and I'm not here banging on the tables just talking about that piece. I mean, there's a lot of parcels on here. But I think it's more than just, wow, we were able to get 12 parcels of land. I know they're all environmentally sensitive, but I'd like to hear a little bit more about the scoring of which ones have -- are heavier when it comes to, you know -- we're not just buying acreage that maybe somebody saw a turtle on, but -- and I realize that property on Marco is expensive. It's expensive for a lot of reasons. It's on Marco Island and it's sitting right, basically, on the water, but it also has a million signs around it saying there's gopher tortoises every three feet. Some of these other properties that may be cheaper, maybe somebody saw a panther three years ago. And I'm not saying that to be sarcastic, but my point is Conservation Collier's not just about acquiring acreage, as you know. It's about getting the land that has the most -- that is the most environmentally sensitive that we are trying to preserve. And if that means it's more expensive but it has a heavier weight on the environmental side, then I don't want to waste money on 18 acres that maybe, you know, has some things on it, and we get it at a bargain, but it's at the expense of maybe a piece of property that really, environmentally, is a lot more important. So what are your thoughts, you know, on that? I mean, obviously, that's got to be part of scoring, correct? I mean, I January 25, 2022 Page 75 hope -- please don't tell me the Marco property fell out because it's $2 million for half an acre. MR. POTEET: I won't say that was entirely the decision that was made. Other people had, you know, thoughts on different properties more that they wanted to spend the money. And I can't really speak for every member of the CCLAC, but there were members that voted to have it as an A property, there were members that voted to have it as a B property, and the B properties won. I mean, it's just -- it's just -- and, yes, I agree that the environmental quality of the property is number-one priority that we look at. We always have. Railhead Scrub is a very good example where we paid $32 million for a preserve up there that has a ton of gopher tortoises on it. So, you know, we looked at the quality of that. And it's also scrub jay habitat. I mean, there was a number of things that went along with that. But, you know, that's just how it worked. And if you folks want to put it on the A list, that's fine. There's money available in the cycle to do that. So, you know, we're not arguing that. We just went through and did our process and presented you the result. And, you know -- COMMISSIONER LoCASTRO: Putting it on the A list today doesn't mean we buy. It just means that we're going to pursue and invest a little bit of money to come back here and add it. But to your point -- MR. POTEET: It is really more a commitment from this board that you do want to acquire the properties, because this is what you're telling the public. It's on the A list. We want to go after this. Yes, you'll have an opportunity to review the contract at the end, but it's -- I've never seen the Commission say, no, we don't want to purchase this property when the contract has shown up on your desk. January 25, 2022 Page 76 This is now when you really make the decisions which properties you want to try to pursue. CHAIRMAN McDANIEL: Wanting to and meeting the parameters -- wanting to and meeting the parameters are two different things. As you said, we're only moving them forward for pursuit at this particular stage. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Ms. Araque, I noticed in your material that you submitted to us that you actually have ranked the A list, and you have a wonderful chart that gives a bar graph on the side. I think it's with all of them. I'm wondering, just so we don't spend an hour discussing this at the next cycle, if you could do that for the B properties, too, you know, especially something that's controversial. If we could just keep a list of it; it's a very informative part of your presentation. MS. ARAQUE: Okay. COMMISSIONER TAYLOR: There's no question that you folks do a great job, and thank you very, very much for it. And I think that when you -- if we -- whatever we approve, will be assumed, as it has in the past, that the Commission agrees with your recommendation. So I think that's -- that's the conundrum we face right now. CHAIRMAN McDANIEL: And just to say it in my words, because the Commission has approved the acquisition doesn't mean that it's going to meet the parameters that are already established for the -- for the acquisition to go forward. It still has to go through the -- we have to expend some money to make the determination whether or not the value is sufficient -- sufficiently there, so... COMMISSIONER TAYLOR: That's spoken like a realtor. CHAIRMAN McDANIEL: That I am, so that's -- COMMISSIONER TAYLOR: But I think for me, who's not a January 25, 2022 Page 77 realtor, if I say, yes, I agree with this listing, whether it's A and we move the Marco Island to A, that's my commitment to the public that I agree with the recommendations, and that empowers staff to go forward and start negotiating. CHAIRMAN McDANIEL: And I agree with what it is that you're saying with the proviso that we still have to have the process of going through the appraisals and meeting the parameters that are already established in the acquisition. It's not an open checkbook to just pay anything for anything, and that's the -- I think that's the point that Commissioner -- I don't want to put words in his mouth, but Commissioner LoCastro was discussing with regard to it. So it's not an open checkbook. We do have a process. We're not deviating from that process other than -- other than opening up the discussion for these acquisitions, so... At this point no one else is lit up. I did have a couple of comments that I'd like to make as we're going forward. I'd like to know what our current burn rate is on the Maintenance Fund, what our current to-date accumulated expenses -- and when I say "burn rate," it's been referred to regularly as a perpetual maintenance fund. We determined several years when we decided to dip into it that it wasn't perpetual; that there was a finite period of time when that money would be expired if it wasn't replenished in some form or format. So I'd like to know some day, not necessarily today, maybe when we have this discussion again, what our current consumption is on that Maintenance Fund that's out there. And then, number two -- and this has to do with my other discussion, and that is when properties are brought to us, an estimate of the ongoing maintenance for the new properties that are acquired and what impact that is going to have on that burn rate, because as we add more -- so we'll then go with the maintenance, and I'd like to see what the impacts from a January 25, 2022 Page 78 timing standpoint are, and maybe, there again, we have to make some adjustments as to what we're doing with the appropriation of the 26 million current amount that we have. And as a final point, I -- in today's discussion someone has made -- if you take 75 percent of that 26 million that is to be collected, that's 19-and-a-half million dollars that could be appropriated over into acquisitions. And so today I'd like for us to come up with a discussion or have a discussion with how we amortize the repayment back into the -- into the Maintenance Fund and appropriate into -- reappropriate, if you will, that replenishment. It's no argument that it needs to be replenished. There's no argument whatsoever. But how we get there from here with some consistency, I think, will help our staff. So those are -- those are my comments. And I think probably appropriately we should go to public comment now. MR. MILLER: Mr. Chairman, we have seven registered speakers on this item, six here in the room and one online. Your first speaker is Donna Fiala. She'll be followed by William Rollins. CHAIRMAN McDANIEL: How did Commissioner Fiala get to the top of the list, is what I want to know, because she was later coming in. MR. KLATZKOW: That's commissioner prerogative. CHAIRMAN McDANIEL: Oh, oh, previous commissioner. She's actually left the room. MR. MILLER: Yeah. She indicated she was going to have to leave at around 11:15. So we'll skip that go to William Rollins. He'll be followed by William Poteet. MR. POTEET: Oh. MR. MILLER: You already done? Thank you, Bill. Then Mr. Rollins will be followed by Richard Blonna. January 25, 2022 Page 79 MR. ROLLINS: Good morning. My name's -- for the record, my name is Richard Rollins, and I represent the landowner for the Section 33. I basically filled out one of the slips in the event that any of you had any questions regarding or pertaining to that piece of property; I could answer those questions for you. Thank you. CHAIRMAN McDANIEL: Thank you. It's good seeing you, Billy. MR. ROLLINS: Yes, sir. MR. MILLER: Your next speaker is Richard Blonna. I hope I'm saying that right. Followed by Meredith Budd. MR. BLONNA: You said it right. Rich Blonna, Marco City Council. CHAIRMAN McDANIEL: Excuse me a second, sir. Meredith, if you would please come up now, and then we'll have you there. Go ahead, sir. MR. BLONNA: Okay. First I wanted to thank you all for your good work. I know we had a City Council meeting last night. We had 16 items. It took me about 15 hours to prepare for it, so I can't imagine how much time you put into preparing for your meetings. I also wanted to thank the folks at Conservation Collier. It's been a year, and I've gone to all the CCLAC meetings, and it's just an amazing learning experience. The people in that program are super thorough, and the field workers are amazing in the analysis that they do on these properties. So kudos to everyone involved, top to bottom. And I fully support the A list. And whether or not Aqua Colina gets on there, it doesn't matter. I just wanted to let you folks know that I really, really appreciate the work, and it's top-notch. So your money's -- our money's in good hands. January 25, 2022 Page 80 A couple of things that I've heard about the -- putting the Aqua Colina lot on the A list, I would support that and, in general, one of the reasons that I think it's a good idea is because, as Commissioner Saunders says, the lots are just -- the value's increasing; they're being bought left and right. I mean, the number of lots being built down on Marco Island is astounding. We're going to have well over 120 building permits issued for new homes coming on three consecutively years, so that land is going to disappear. The other thing is, there's a concern -- I know, Commissioner Solis, you mentioned about maintenance costs. Now, from what I've learned going to the Conservation Collier meetings, there's a lot of work that -- and money that often goes into bringing a lot up to speed before it can even become a preserve. So there's removal of invasive species. There's removal of structures. There's remediation of toxic waste materials. There's construction of road access to get in. None of that is going to apply to any of the Marco Island lots. As a matter of fact, the two that are on the A list right now are on a new multiuse path that the city is committed, and they're in the process of building so, literally, citizens will be able to view these lots just by walking up this multiuse path. And there may be removal of some invasive species on Lots A and B. And I'm talking about Brazilian pepper trees, things like that. So the cost for bringing the lands up to speed will be minimal, and the cost to maintain them will be minimal. The Aqua Colina lot might involve a little more remediation, but nothing in terms of structures, toxic waste, whatever. And just one more thing about the Aqua Colina, and then I'll leave. That lot is going to be a multi-decade learning laboratory, because not only is it prime habitat for gopher tortoises and other species, it sits on 3,000 years of archaeological and historical ruins that there's -- the first layer is the history of Marco Island since it's been settled. January 25, 2022 Page 81 CHAIRMAN McDANIEL: Cut that off. Continue on, please. MR. BLONNA: Thank you, sir. The second layer beneath that is Calusa Indian history and archeology, and the third layer beyond that it goes even deeper. So it's -- it's rich for being a prime environmental and historical archaeological site for decades. It also is within viewing distance of Otter Mound, and it would make a nice four-part parcel that anyone who's interested in ecology and history and archeology could spend the day there. So I just ask you to consider putting that on the A list, but if it doesn't get there, I just wanted to thank the committee again for the great work they did and for you folks. Appreciate it. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Your next speaker is Meredith Budd, and she will be followed by Brad Cornell. MS. BUDD: Good morning, Commissioners. Meredith Budd on behalf of the Florida Wildlife Federation. I am very excited to be up here today to be talking about Conservation Collier. I am grateful for the Commission's support of this program over the years; the county, our residents' support of this program over the years. You have a really fantastic committee that works really hard, and they took a lot of time to go over all of the properties. You have a fantastic staff who really do a deep dive, and they are doing site visits, they're doing their screening criteria for all the properties. It's really in-depth. And so the list that you're getting today is from very hard work. And we, the Federation, are very supportive of the A-list properties that are before you and look forward to you moving on to that next step to pursue those properties. I will also add that we do recommend moving the Aqua Colina January 25, 2022 Page 82 parcel to the A list for all of those qualities that Councilman Blonna just articulated to you-all. It's incredibly important. There is enough money based on the estimated costs in this round to go ahead and move that forward without having to worry about needing to use money that would have potentially gone to pay back the Management Fund. So we do recommend that you do move that to the A list. Now, one thing I did want to just note is that during the committee meeting, if you had watched the replay or were in attendance, there were several committee members that voted the Aqua Colina parcels to be an A list. It just did not get enough votes to win the tally to be on the A list at the end of the day. Same thing for the Big Hammock parcel that you'll see on the B list. That, too, was voted B, but it also had votes for the A list as well. I do want to note that that parcel, while it is a B list and it is an SSA and the landowner was going -- was looking to keep their R2 credits, they're also going to pay to maintain that property in perpetuity along with the purchase, and that was not noted. So I did want to present that to you and let you know that. That's a very different deal than what you had with Pepper Ranch, and I know that that was an SSA. This is different. This is one that, while it would retain its SSA, the value would be -- the appraised value would reflect that, and the landowner would pay for the management. So the FWF did recommend that be on the A list, but it did not make it, but I just wanted to articulate that to you today. The other thing I wanted to point out is the Cowan Trust property. That is not on your cycle, but I did submit a letter to Conservation Collier recently, FWF did, and you were all copied on it as well. Nominating that to Conservation Collier. It's 96 acres. It's in prime panther habitat. FP224 has denned on that property twice in recent years, 2017, 2020. You-all have the letter. Conservation Collier has the letter. I have notified the landowner, January 25, 2022 Page 83 and I just recommend that you explore opportunities if you can for Conservation Collier to engage with the landowner for acquisition in advance of the next Conservation Collier cycle given the extreme importance of that piece of property. So thank you for the time. I look forward to seeing this A list move forward, including Aqua Colina. So thank you so much. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Brittany Piersma. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon Western Everglades and Audubon Florida and its Corkscrew Swamp Sanctuary, so thanks for the opportunity to address you. I also want to thank you for your long-standing support for Conservation Collier. You all have been engaged in the conversation of how to make conservation a local issue and a priority amongst citizens of Collier County. As we all know, the citizens support it, but you have been the leaders in this implementation. So thank you for that. And also, I will echo the compliments to both your staff and to the Land Acquisition Advisory Committee that have done tremendous work in bringing you this Cycle 10 list. This is a -- this is a great accomplishment, great opportunity for all of us for conservation in Collier County. We, Audubon Western Everglades and Audubon Florida, fully support the ranked active acquisition list that's before you from the committee that include some tremendous purchases, including Big Hammock and the expansion of Panther Walk and Horse Pen Strand and the Marco parcels, but we also agree with the addition of the Aqua Colina parcels on Marco Island. That parcel is -- it's the highest ranked ecological score on Marco Island. Even though it was put on the B list, it's the highest scoring parcel on Marco Island. January 25, 2022 Page 84 It also is $1.4 million in terms of estimated value, and it's .63 acres. So it's not an insignificant parcel. As you've already heard, it's got tremendous ecological and archaeological attributes. And I also want to emphasize that the targeted protection areas for this program included a lot of urban areas. And so if you're going to target urban conservation lands in Collier County, those are expensive, especially if you're talking about on Marco Island. And speaking of Marco Island, I just want to make one other point, and that is that in terms of Marco Island's contribution through its taxes to Conservation Collier, based on the tax assessments for Marco Island, that would be about $2.8 million per year annually for the next 10 years, so that's a lot of money. So there is some equity question about how we buy lots on Marco. So, finally, I guess I would say, please move forward the active acquisition list as its presented to you with the addition of the Aqua Colina. I think that the Cowan parcel that Florida Wildlife Federation, Meredith Budd, just brought up is a great additional opportunity. So please consider that as well. And thank you again. CHAIRMAN McDANIEL: Thank you, Brad. MR. MILLER: Your next speaker is Brittany Piersma. She'll be followed online by Blanca Peña. MS. PIERSMA: Hi. My name is Brittany Piersma. I'm a field biologist for Audubon Western Everglades. I very much appreciate all the conservation efforts being put towards Marco Island. I do work in Naples as well, but I'd say 75 percent of my time is spent with conservation directly on Marco Island. With all the development going on, it's very much needed right now. And a lot of citizens reach out to me all the time. They want these efforts, and they want to be a part of these efforts. So I think making this first, you know, introduction to having more areas of January 25, 2022 Page 85 wildlife corridors throughout the island will only increase the ability to get them involved and have more parcels that potentially people own to add within. I want to really reflect on the biological importance, especially about Aqua Colina. I really promote putting that into the A list. One reason would be that when we started this comprehensive land study on the island, I'm serving all potential habitat for gopher tortoises. We do also have a burrowing owl program. These are both threatened species. They're massively declining on the island. As much as -- we're doing starter burrows and trying to attract areas within developed properties, these animals definitely do prefer vacant lots away from any kind of human interaction. So when we started this land study, I reached out to FWC, and I asked how many tortoises have been removed since they started their whole permitting process. So since I reached out to them on February 15th, from the beginning of their permitting, which started around 2009, they have removed 283 gopher tortoises from Marco Island. So that's just during their permitting process. Obviously, you know, a lot of things before then. Who knows what originally was on the island? With our current studies, we've done about 200 surveys, and adding up all the potentially occupied and abandoned burrows, our current estimate is 1,201 gopher tortoises. Although that may sound like a pretty big number, which it is, we are massively losing all these parcels over and over again that these tortoises are being removed. And one of the main concerns that makes it even more biologically important is that these gopher tortoises are keystone species. So I'm happy that you're promoting these lots, as it's a great place that we want to protect these dense populations of gopher tortoises, but try to enforce the idea that keystone species, meaning these gopher tortoises are providing habitat to over 360 other species January 25, 2022 Page 86 within their burrows. So we're not just saving this property just for the tortoises or just for the owls; there's a variety of other species that are using this entire habitat. And we see it all the time. We have a nature preserve on Marco Island that I set up game cameras. We see a lot of different animals moving within those areas. So definitely recommend, along with the aspect of the archaeological -- I'm not an expert in that, but I've been talking very closely with Gene Urkovick, who I'm sure has wrote to you as well. So that is extremely important. That historical value I think Marco Island would appreciate as well. Thank you. MR. MILLER: Your final registered speaker for this item is online, Blanca Peña. And as I say that, I look up and she disappears from my screen. CHAIRMAN McDANIEL: How about that? MR. MILLER: So I guess we're done. CHAIRMAN McDANIEL: And we'll close the public hearing aspect of it, the public comment anyway, and I'll call upon Commissioner Solis. COMMISSIONER SOLIS: And this is a question for staff. And I don't know who would have to respond to this, but -- and I'm assuming -- and I don't want to assume that this wasn't part of the consideration at the CCLAC. But we've heard so much about the archaeological value of this property. I mean, are there -- have we -- are there other possibilities for, No. 1, acquiring this property for those purposes as opposed to just environmental purposes? And, 2 -- and Mr. French was coming this way, and I probably would pose this one to him -- it sounds to me that -- I mean, it's a waterfront property, but there's, I understand, at least 20 gopher tortoises and three layers of archaeological things on it. I mean, what are the -- what's the -- what are the hurdles that somebody would have to January 25, 2022 Page 87 go through to actually build a house on this? I'm just trying to understand the situation that that property's in. Because it sounds bizarrely expensive to remove everything to be able to use that property. So I'm wondering if the $2 million is actually a good number. MR. FRENCH: Commissioner, thank you. I was actually just going to speak with Jaime Cook about something. COMMISSIONER SOLIS: You stood up. MR. FRENCH: Timing is everything. But to answer your question -- for the record, Jamie French with Growth Management. I'll give you an example. So the Board recently purchased a property off Rattlesnake Hammock right near the airpark. We were -- we were very well aware of the developer that was looking to invest in this property prior to Conservation Collier acquiring it, and there was archaeological findings on that property, and that was one of the reasons why the developer shared with us they walked away from it. So we're currently working with your Conservation Collier staff to develop some pathways, removing some exotics. And I'm not quite certain -- but during that transaction we made them very well aware of this, and we were able to help find this report. Typically, when the developer comes through, it is exceptionally expensive to have that type of survey done when there is some sort of findings. And what we do -- there are wildlife counts as well as wetlands that we take into consideration no matter what the developments, whether it's single-family home or whether it's a structure. COMMISSIONER SOLIS: Right. MR. FRENCH: So to give you a price, I think it's very dependent -- COMMISSIONER SOLIS: Well, yeah. I'm not asking for your price, but I'm -- so if there are archaeological things on there, January 25, 2022 Page 88 they have to be -- CHAIRMAN McDANIEL: Mitigated. COMMISSIONER SOLIS: -- removed very, very carefully. CHAIRMAN McDANIEL: You can't. COMMISSIONER SOLIS: You can't just disturb that. MR. FRENCH: I think that -- the best way is avoid it. COMMISSIONER SOLIS: Okay. So if somebody came in for a permit, say -- I know it's the City of Marco Island, but if somebody was trying to get a building permit, there are state statutes that would say, you're not going to get a permit until this has all been addressed. MR. FRENCH: That's right, especially if there's a finding. And also with the burrowing owls, the FWC sets criteria that you have to stay within so many feet away, even if it's an inactive nest, until the state deems it as far as -- to be abandoned. COMMISSIONER SOLIS: And this would be a question maybe for the Conservation Collier staff. In the estimate of the value, were all of those issues considered in that estimate? Because, man, we're talking about some very, very expensive or maybe just prohibitive things that are on that property right now. MS. ARAQUE: So we were provided with the archaeological report. COMMISSIONER SOLIS: There's a report. There's a finding. MS. ARAQUE: Yes, uh-huh. And so -- and I don't know if the councilman has any experience in this area, because they do have this on Marco Island quite a bit, but from reading through the report, it seemed to me, though, that you could build but you have to do it in certain ways on the -- on the property. But we would probably need to have, like, an expert to really, you know, say that conclusively, but maybe he might have some more on that. January 25, 2022 Page 89 COMMISSIONER SOLIS: With the commissioners' indulgence, I mean, this is really interesting to me, because this is -- MR. BLONNA: I'm far from being an expert in this area, but I have talked to Gene Urkovick about it. And I know when Old Marco went through the conversion process of going from septic to sewer, there were some areas in there are archeological historical sites that had to be removed, and what they actually did was they removed some of the most significant materials, and they repositioned them in a corner of the property and then allowed the lot be to developed. So I hear what you're saying, but it's amazing what will be done in order to accommodate builders if they really want to build on a lot. So I could see portions of whatever remains existed being moved over to a far corner of the lot and the lot being developed. So it isn't out of the question that even though there is -- of these remains there, that that could happen. And, again, I'm not an expert. I don't claim to be. CHAIRMAN McDANIEL: I've done it before. It's not an absolute no, just so you know. It can be mitigated. COMMISSIONER SOLIS: Well, I'm just wondering if -- where are you going to put it if there's 20 gopher tortoises and burrowing owls on a half-acre lot? CHAIRMAN McDANIEL: You have to go build them a condo first before you relocate them. COMMISSIONER LoCASTRO: Let me add -- I've got my light on here, but -- so I live on Marco Island, and nothing's prohibitive. You know, money has no object on Marco Island, just as you would say in some areas of Port Royal. I mean, there are people that will spend $15 million to build a $3 million house. I've seen it. We've seen it on Marco. We've seen it on Port Royal. We've seen people tear down $40 million brand-new homes on Port January 25, 2022 Page 90 Royal to build a new $40 million home because they didn't like the kitchen and the bathrooms. I think it would be really irresponsible to roll the dice here and say, wow, this is a piece of property that would be really hard to build on, so let's not waste $1.4 million and just hope that nobody ever buys this property. There are homes all over Marco Island, as Dr. Blonna said, that sat on archaeological, you know, lots, that had tortoises, that, you know, had all kinds of things, and there's always a way, as Commissioner McDaniel said. And knowing the dollar-for-dollar, pound-for-pound environmental value of this small piece of land to Conservation Collier, you know, I'm still really strong in my position that we at least consider it because, trust me, it also sits on a very beautiful piece of property that if somebody wanted it and money was no object, you would see a giant, giant home there at the drop of a hat just like we've seen all over Marco Island. There's always a way. It's not prohibited in any way, shape, or form. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I think we have -- we have two decisions to make. First of all, I think Commissioner Saunders suggested that we acquire what is before us now rather than wait -- and rather than wait until the next cycle because of the hot real estate market. I'm in concurrence with you in terms of the hot real estate market and the concern that we might miss something. I also like the Aqua Colina lot because it's within the urban area, which is what we've always talked about, and maybe we'll have some folks on Marco Island that actually support Conservation Collier if we agree to buy it because they can access it. It also is of great value to archaeological, and I'm very respectful of that. But I think the bottom line is, what are we going to do about the January 25, 2022 Page 91 maintenance and what is the temperature of the commission in terms of somehow -- and I'm going to leave it to Commissioner Saunders to describe how we could, for instance, purchase all the properties on this -- on the list, A, B, and C, or maybe it's A and B, and yet still have money next year for maintenance. So I'm going to -- if the Chair indulges me, I'd like to hear from Commissioner Saunders on that. CHAIRMAN McDANIEL: Well, the Chair will jump in front of both Commissioner Solis and Saunders, because I'm up here doing the math. And we've got $26 million in the most recent referendum, or the tax increase, and 75 percent of that's 19-and-a-half million, per my calculator. And if you take all of the properties on A and B, that comes to 18-and-a-half million that could be acquired and still leaves us a million. COMMISSIONER SAUNDERS: Don't forgot the three mill that's from a prior -- CHAIRMAN McDANIEL: I'm getting there. COMMISSIONER SAUNDERS: Oh, okay. CHAIRMAN McDANIEL: And that still leaves us a million of acquisition money that could be allocated back over into a portion for the proration side of the repayment of the three million that's already been expended out of maintenance as opposed to taking it all out this year and reducing down the amount of available funds. That's my math. And I don't know -- our County Manager has a better calculator than I do. But that was a thought that I had, that we prorate that repayment amount as opposed to having it all at once, and we -- MR. ISACKSON: I'll put my budget hat on. CHAIRMAN McDANIEL: There we go. And then at a future date, soon -- MR. ISACKSON: I'm putting this 600-page document January 25, 2022 Page 92 together. We might as well use it, huh? CHAIRMAN McDANIEL: There you go. MR. ISACKSON: So Commissioner Solis asked about capital outlay. You see it laid out in the budget there, $14.065 million. COMMISSIONER TAYLOR: Would you just point to it because it's -- thank you, sir. MR. ISACKSON: Right here. And then you have your transfer to the Maintenance Fund. Part of that's the 25 percent that comes off the top of the levy. Part of it's $3.7 million that gets transferred there from the advance that was made as part of the cycle, okay. So that gives you in a nutshell what you're dealing with. You also have expenses in terms of transfer to the Property Appraiser, transfer to the Tax Collector. You've got operating costs connected with personal services and operating expenses. But the bulk of your $26 million when you look at it, it gets consumed in either your capital outlay, for the most part, which is here, or your transfer to the Maintenance Fund, okay. It's simple in and out. I mentioned to the Board earlier, you've got flexibility. Now let me throw up another slide for you. This is the Acquisition Fund. Now you have the Maintenance Fund. There's almost $35 million sitting in reserve what we call for unfunded requests. That's your perpetual maintenance going forward. Now, Commissioner McDaniel asked, what's the burn rate? As I recall, the last time we did this was probably a year and a half or so ago, it was 25-ish-plus years before it evaporated. CHAIRMAN McDANIEL: Tapped out. That's correct. MR. ISACKSON: Again, in my mind. But there's the other key element of the Conservation Collier Program in terms of the financial dynamics of it. So I thought it might be helpful, prior to the Board making a decision, if I threw up a January 25, 2022 Page 93 couple of budget slides to give you kind of a little tutorial. CHAIRMAN McDANIEL: Can I ask a question, Commissioner Solis? Before you go away, County Manager, in my backwards math at the 75 percent requisite for the new 26 million that equates to the 19-and-a-half million that could be afforded in acquisitions right now? MR. ISACKSON: I see plus or minus. CHAIRMAN McDANIEL: Plus or minus. I mean, we're talking generalities, because once -- we don't know the exact numbers. But for today -- today's discussion, 26 million, 75 percent's 19-and-a-half million. And if we left -- if we -- if the Board so chose, we could move forward on necessarily the A and B lists, which also includes the property on Marco Island and -- if all of those came through at those prices, we would have one million dollars in the existing Acquisition Fund to begin the replenishment of the borrowed-from maintenance funds that were previously utilized for acquisitions. MR. ISACKSON: Well, trust me, the staff in the Office of Management and Budget, depending on what the Board does, for example, Commissioner Saunders has suggested not making that full transfer but only making $6 million of it and holding $3.7 million and moving it up to the $14 million line. I think that's what the Commissioner has suggested. We will track that, trust me. And when you go forward over the next 10 years, we'll make sure that those dollars that -- if, in fact, there's support for deferral of that, those dollars will be brought forward and included in subsequent levies, to be included back into the Maintenance Fund; if there's support for that. CHAIRMAN McDANIEL: And if the math is correct -- Summer, if the math is correct, the total of the A and B list January 25, 2022 Page 94 that are already vetted is about 18-and-a-half million, and that includes the Marco piece and some of these other multi-parcel pieces. Am I doing the math correctly? MS. ARAQUE: Well, you've got the -- we've got 12 million. CHAIRMAN McDANIEL: Twelve point one in the A list. MS. ARAQUE: On the A list, and -- CHAIRMAN McDANIEL: And total 6.4 on the B list. MS. ARAQUE: And then you've got -- I'm going to skip over the preserve expansion parcels. And then on the B list you've got six, and C you have 11. CHAIRMAN McDANIEL: Yeah, I didn't say C. MS. ARAQUE: Okay. So B. So if you added B, then that would be 12 million plus six-and-a-half million. CHAIRMAN McDANIEL: Correct, 6.4, which, in my math, adds up to -- MS. ARAQUE: -- 18.5. CHAIRMAN McDANIEL: -- 18.5, which, in my math, a million shy of the allotted 75 percent that was put on the referenda to be utilized in acquisitions. COMMISSIONER SAUNDERS: So I think -- CHAIRMAN McDANIEL: Commissioner Solis is ahead of you, if you don't mind. COMMISSIONER SAUNDERS: Oh, I'm sorry. You're looking over here, so I thought that was -- CHAIRMAN McDANIEL: Forgive me, Commissioner Solis. COMMISSIONER SOLIS: Well, since Commissioner LoCastro has decided that I'm being irresponsible, I feel like I -- no, I don't think it's funny. I think it's -- I think you said what you said. I think it's irresponsible for us not to consider the difficulties and the impact on that -- of these archaeological issues on the property. And if you'd listen to what I was actually saying, I was trying to January 25, 2022 Page 95 figure out a way to acquire this property without even using maybe Conservation Collier money, because at the beginning, if you had listened to what I was saying, I had said that I would like to include the Aqua Colina property in the A list, but clearly you weren't listening. And so I think if there's something that's irresponsible, it's not considering all of the issues on a piece of property that we're trying to acquire that's $2 million. CHAIRMAN McDANIEL: One point four. COMMISSIONER LoCASTRO: Well, I'll say I was listening, but I think everybody in this room, or at least most, if we took a vote, was sensing that you were inferring that it would be so difficult to build on this property that the inference -- and I apologize if that was -- wait a minute. COMMISSIONER SOLIS: Increased value, a little bit. COMMISSIONER LoCASTRO: But your inference seemed to be -- COMMISSIONER SOLIS: Your inference. COMMISSIONER LoCASTRO: Yeah, and it might be. So I apologize, but I think the average person hearing you try to connect two dots and maybe that -- I'll say that maybe I was incorrectly connecting them. But in my close listening of exactly what you were saying -- and I take exception to that. But having said that, I think what some of us were hearing that you were trying to possibly go to -- and maybe it was hypothetically. But I wasn't saying you were being irresponsible, but I think if the decision was, wow, that would be an expensive piece of property to build on, nobody could really build on it anyway -- and maybe that's not what you were trying to conclude, but I think you were sort of leading most to think that was your point -- is that Marco Island is filled with houses that are built on historically, you know, sensitive properties that somebody invested the money in to build. January 25, 2022 Page 96 But I don't think we need to get into an -- I'm not getting into an argument with you here. And if you are leading down the way of including the property that I care about, I really care more about it being on a list and preserving it than what we may or may [sic] be misunderstanding from each other's point. So if we're paddling in the same direction, great. And if you've got a way to acquire it in a much better way, boom, have at it, speak up, because I'd love to see it preserved. CHAIRMAN McDANIEL: Gotcha. The County Attorney has something to weigh in here. MR. KLATZKOW: Just for the Board's consideration, you don't necessarily have to spend $2 million on the parcel. You could offer the owner less. COMMISSIONER LoCASTRO: Absolutely. COMMISSIONER SOLIS: Exactly. CHAIRMAN McDANIEL: Well, we haven't even -- we haven't even got to that point yet, and that's the conversation that I was going to have and that the semantics of these are the estimated price is 1.4, and the cost is going to be whatever the appraisals come back at, plus/minus the archaeological value, the relocation of the gopher tortoises, the environmental sensitivity, so on and so forth, and we will make those decisions, Commissioner Solis and Commissioner LoCastro, at the next go-round when these -- when these actual numbers come back to us. COMMISSIONER SOLIS: I understand the process. CHAIRMAN McDANIEL: I know you do. COMMISSIONER LoCASTRO: We're voting to buy nothing today. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. I'm going to try to make this as simple as I can. We have total funds, $26 million. January 25, 2022 Page 97 And, Mark, correct me if I'm wrong now. We have $26 million, and 12 million of that was going to go into the Management Fund leaving $14 million for acquisition. All I'm trying to suggest is we don't need to move $12 million into the Management Fund right now. We can add a little bit to this list, the A list, the B list, whatever you want to add to it. Staff will come back with what it's going to cost to acquire those properties. We don't know what that number's going to be. It may be less. It may be more. But if we don't move those funds into the Management Fund right now, we have some flexibility. So the suggestion is, don't move any money to the Management Fund just yet, have staff go back, negotiate these acquisitions, including the B list and other properties that may be on the C list if we want to do that. Once the acquisitions are determined and the prices are determined, including that lot on Marco that may be -- maybe it's only worth half of what it is listed for because of the cost to develop, have staff have those negotiations, come back with the total number for acquisition, do the acquisition, and whatever's left over move into the Management Fund. That may be 12 million. It may be 10 million. And we can get caught up in a subsequent year. But we've got some valuable pieces of property right now that may not be available a year from now. That would -- and I'm going to make that in the form of a motion. COMMISSIONER TAYLOR: I'll second. COMMISSIONER SAUNDERS: And if -- you know, if we get three votes, we get three votes. COMMISSIONER LoCASTRO: Can you summarize your motion again, Commissioner. COMMISSIONER SAUNDERS: Okay. We have $26 million total in the Conservation Collier Fund. We owe 12 million of that into management. Hold off on putting those funds into management. And then once we determine what lists we're going to acquire, we get January 25, 2022 Page 98 all those prices, we do that acquisition, and then whatever is left over, we move into the Management Fund. That could be the 12 million. It may be only 10 million. But at least staff has flexibility to negotiate these acquisitions knowing that there's money available. COMMISSIONER LoCASTRO: So your motion has to do the financial way that we'd be able to move and preserve the money, not so much talking about A and B just yet. That comes next. I understand. COMMISSIONER SAUNDERS: Just flexibility for staff to work out some acquisitions -- COMMISSIONER LoCASTRO: Absolutely. I think it's -- COMMISSIONER SAUNDERS: -- that may exceed $14 million. COMMISSIONER LoCASTRO: I think that's wise. CHAIRMAN McDANIEL: And that will give us discretion on being able to move forward on some of these pieces of property -- COMMISSIONER SAUNDERS: Correct. CHAIRMAN McDANIEL: -- that are environmentally -- more environmentally sensitive and still be able to replenish the maintenance fund at the same time. COMMISSIONER SAUNDERS: So I'll make that in the form of a motion. I think it was seconded. CHAIRMAN McDANIEL: It's been moved and seconded. COMMISSIONER TAYLOR: I seconded. CHAIRMAN McDANIEL: Do you have a comment? MS. ARAQUE: Yeah. So maybe I could make a suggestion for your consideration. We have 39 property owners on the A list; many of them have been waiting for over a year. So our -- my question for you would be is, are there some properties that you know you want to move forward with? Because maybe we go ahead and we -- and we do that for some of these, and then the others we do that January 25, 2022 Page 99 due diligence. Because I guess what I need to find out from you is -- because our current process is we would get appraisals for all of the A1, and then we would make an offer -- we have a purchasing policy that we pay appraised value. So we don't necessarily negotiate per se; it's just the appraised value. MR. KLATZKOW: You can negotiate with the direction from the Board. CHAIRMAN McDANIEL: Number one, the motion that I just heard authorizes you to go forward on virtually all of these properties that are on this list, both the A and B list and even the C list, if there is -- and then those will all come back to us, and we'll make the determination that those -- if I'm not -- COMMISSIONER SAUNDERS: Yeah. This first motion only deals with financing. It doesn't deal with any particular parcels. MS. ARAQUE: Okay. COMMISSIONER SAUNDERS: Whether or not we're going to give you additional funds. CHAIRMAN McDANIEL: We're not going through and picking and choosing which ones we like better or worse. COMMISSIONER SAUNDERS: We do have to do that. CHAIRMAN McDANIEL: Eventually. MS. ARAQUE: I want to make sure you have the correct numbers. I think maybe you were given an incorrect number of the 12 million at some point in regards to the maintenance. So can we just clarify that real quickly? MR. ISACKSON: You've got a $26.2 million levy. We're right now suggesting that 14.1 of that is for acquisition. There's a transfer to the Maintenance Fund of $9.7 million, of which six is comprised of the normal 25 percent and 3.7 is to repay from the last cycle before the referendum. CHAIRMAN McDANIEL: And 100 percent. That's all this January 25, 2022 Page 100 year. MR. ISACKSON: That's right. So I understand what Commissioner Saunders is saying. I get the motion. CHAIRMAN McDANIEL: Right. MS. ARAQUE: Thank you. MR. ISACKSON: The numbers are -- CHAIRMAN McDANIEL: The numbers are different, so... MR. ISACKSON: -- move around. At this point just to make sure that the flow is understood by the Board in terms of the dollars -- COMMISSIONER SAUNDERS: It's just an effort to give staff some flexibility here and the committee some flexibility, and maybe none of those properties get acquired and maybe $10 million goes into the Management Fund this year. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I'm curious to see if Commissioner Saunders would consider maybe a little change to the motion, and that would be that there's 14 million in acquisitions in the budget. The A list is 12 million. The Aqua Colina property is a little over two million. That gets us a little over the 14 million that we have in the budget. Would you consider changing the motion to be that we repay the management loan and the management reserve, but if it comes back and we need a little more to round out the whole A list, right -- because we need 14-and-a-half as opposed to 14 -- that staff bring that back? Because it would accomplish what I think you're trying to accomplish, but it also repays the fund and puts in the reserves that this whole program was based on. COMMISSIONER SAUNDERS: It gets to the exact same point, but it adds a step. It gets exactly to where I've said -- COMMISSIONER SOLIS: Right. COMMISSIONER SAUNDERS: -- but it adds the step of January 25, 2022 Page 101 putting it in the Management Fund then having us have to remove it from the Management Fund. So it doesn't really accomplish anything. I think that would be described as form over substance, and so -- COMMISSIONER SOLIS: I disagree. COMMISSIONER SAUNDERS: -- I don't want to do that. COMMISSIONER SOLIS: All right. COMMISSIONER SAUNDERS: But the other thing, Commissioner, is that we don't know whether the A list is going to turn out to be $12.147 million. It may turn out to be $15 million. COMMISSIONER SOLIS: Correct. CHAIRMAN McDANIEL: Or it could be 10-. COMMISSIONER SAUNDERS: It could be 10-. And all I'm talking about is timing. It's not trying to keep money out of the Management Fund. It's just timing. And that's what you're talking about, so... COMMISSIONER SOLIS: Well, my whole point is that we talked about a one-time loan from the Management Fund to buy a particular piece of property that was really important, and we did that. And what I'm suggesting is we need a firm policy on this because moving forward every year there's going to be this situation. That's my concern. CHAIRMAN McDANIEL: Right. We had properties that were introduced to us today that were important to somebody else that aren't on the list at all. COMMISSIONER SOLIS: Right. And every year we're going to kick this can down the road, and we're going to borrow a little more and a little more because we can always do this, and that's my concern. It's been my concern from the beginning. CHAIRMAN McDANIEL: And I would suggest that if you January 25, 2022 Page 102 take all of the properties, as Commissioner Saunders' motion goes -- has been made, that we would have sufficient -- this budget that's in front of us was staff driven, and they took direction to replenish 100 percent of those borrowed monies out of maintenance this year. And that is something that we can -- we have decision over as to how much and when that does. And I would suggest that we -- as we go forward, from a policy standpoint, not ever exceed the allowed 75 percent of the revenue generated from the increase in tax for Conservation Collier. That's 19-and-a-half-million dollars a year that is set aside for acquisitions. And then the excess amount, based upon what the prices, in fact, come back for, we can make decisions as to how much of that we either reappropriate back in for the loan repayment -- or the maintenance reserve reduction going forward. But your motion actually gets us to that point without that extra step. COMMISSIONER LoCASTRO: But I don't think his motion includes taking all the properties. He's really just talking about the best way to manage the dollars, correct? COMMISSIONER SAUNDERS: We haven't talked about parcels. CHAIRMAN McDANIEL: Okay. All right. So there's been a motion and a second. And I'm going to -- you know, if you don't mind just saying it one more time for all of us so that I don't paraphrase it incorrectly. COMMISSIONER SAUNDERS: Okay. We're going to make some decisions concerning A list, B list, and C list. We don't know what that decision is. So before we move money to the Management Fund, let's go through this acquisition cycle, and then whatever's left over, we'll move into the Management Fund over and above that $3 million that we're trying to hold back basically is what we're talking about, because those parcels may cost more than what we anticipate them to do. So that's the substance. January 25, 2022 Page 103 We're not going to move money to the Management Fund until after we determine what we're going to purchase here. CHAIRMAN McDANIEL: I think that gets us to where we need to be for now. Are you still okay with the second? COMMISSIONER TAYLOR: Yeah, I think it makes great good sense. CHAIRMAN McDANIEL: All right. It's been moved and seconded that we go forward on Commissioner Saunders' motion. I'm not going to try to paraphrase it, because I'll editorialize it. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: It passes 4-1. Now, do we need to give a little further direction to staff on prioritization of these acquisitions? MR. ISACKSON: That probably would be nice. COMMISSIONER TAYLOR: I think they've prioritized it. CHAIRMAN McDANIEL: Well, we didn't discuss the list, per se. This was just a policy decision. MR. ISACKSON: I think the real question is how much -- what properties come off the B list to the A list so that they can -- so that the staff could pursue these appraisals, provide some more concrete numbers. COMMISSIONER LoCASTRO: Well, I'd make a motion that January 25, 2022 Page 104 we would move forward with everything on A and all three on B. COMMISSIONER TAYLOR: Except for the last one, Sanitation and Bethune Road. We don't want that. COMMISSIONER LoCASTRO: Ah, yeah. Got it. I actually crossed that one out. So the first two, Aqua Colina and Big Hammock, correct? CHAIRMAN McDANIEL: Well, let me ask you a question because -- and this has to do similarly with what Commissioner Solis was alluding to earlier about the theoretical excess of cost of development of a piece of property. There are -- there is theoretical excess costs with the remediation that comes with the Bethune. Why would we exclude that for today's discussion on the -- COMMISSIONER TAYLOR: Because -- CHAIRMAN McDANIEL: Let me finish -- on the premise that we don't know what those expenses, in fact, are going to be, and maybe the seller of that piece of property will include that in the acquisition as we go forward? And that was -- as long as we don't exceed the 75 percent of the 26 million, we're within the -- we're within the bumpers that are on the alley. COMMISSIONER LoCASTRO: I'd agree with that. COMMISSIONER TAYLOR: It's one thing to remove exotics. It's another thing to remediate pollution that is from a landfill; that's why. CHAIRMAN McDANIEL: I don't agree with that but -- and so having -- if it is an environmentally sensitive piece of property, this is one that has come before us in the past, and now we have new evidence that just recently came up. And I think including it in total, it is part of that 18.5 million. If all of these -- all of these properties popped up and all of them came to us at the -- at the estimated value that's been done by our staff, we're still a million shy of the 19-and-a-half million of the -- which is 75 percent of the 26, so... January 25, 2022 Page 105 COMMISSIONER LoCASTRO: I would adjust my motion to say that we accept all of List A and, based on what you just said, which I agree with, all of List B, and see what comes back to us. I think we're still within the parameters of the budget, and we'll get more information, and we'll vote accordingly the next time this comes back to us. CHAIRMAN McDANIEL: I'll second it, or you can. Commissioner Saunders seconded it. COMMISSIONER SAUNDERS: Yeah, if you say so. CHAIRMAN McDANIEL: And it's been moved and seconded that we move forward on all of the A and B list. Any other discussion? COMMISSIONER SOLIS: I'm just -- you know, I'm not going to support the motion either because, I mean, our staff is telling us there's -- now there's new environmental issues, and to do the math the way you did it, I think, Commissioner McDaniel, we're starting with the premise that it's okay to spend the 19-, and now we're including a property that the CCLAC and our staff has said has new issues that we just learned about, and I'm not comfortable doing that either. That, I think, is irresponsibility. CHAIRMAN McDANIEL: Well, I'm sorry you think it's irresponsible. COMMISSIONER SOLIS: It's one of those days. CHAIRMAN McDANIEL: I don't agree with being irresponsible. I already said why I think we should include it now. Allow for that investigation to be determined, similar to your discussion with regard to the archaeological expense on the Marco Island piece. It could be prohibitive for us to actually even acquire that piece of property. We certainly wouldn't want to buy a piece of property that has environmental concerns that cannot ever, for any expense, be January 25, 2022 Page 106 remediated. So it's not irresponsible at all. It is on the list. And we will ultimately make that determination when it comes back to us with further information. Commissioner Taylor, you have a -- you were lit up. There's been a motion and a second. COMMISSIONER TAYLOR: Yeah, yeah. I can't support the motion. The $3,900,000 for this parcel is $3 million that could go to repay what we borrowed from the maintenance. So I just -- I just can't do that. I -- I say this respectfully, but this is irresponsible. We've already heard from staff that said there's pollution. We're very concerned. There's pollution on the property. Conservation Collier has no business being in the business of remediating pollution from a landfill. CHAIRMAN McDANIEL: And you're incorrectly editorializing something that isn't part of this discussion. We're not suggesting that they become part of the remediation efforts. It is a determination of the expenses associated with the acquisition, and we, the Board, will make the determination whether or not that is an effective expense of those funds. COMMISSIONER TAYLOR: The head of the camel is in the tent. COMMISSIONER LoCASTRO: Yeah, but we're not voting to spend any money. We've voting to look at these properties. So I don't disagree with what you've said. CHAIRMAN McDANIEL: Commissioner Saunders is lit up. COMMISSIONER SAUNDERS: Yeah. I -- we're using the term "irresponsible" quite a bit here. I don't think anybody's been irresponsible. We're just expressing our views. CHAIRMAN McDANIEL: No. COMMISSIONER SAUNDERS: I would agree that if we offered Barron Collier $3.9 million for that parcel today, that would January 25, 2022 Page 107 truly be irresponsible -- CHAIRMAN McDANIEL: Amen. COMMISSIONER SAUNDERS: -- but it's not irresponsible and there's nothing wrong with going to Barron Collier and saying this is an environmentally sensitive piece of property. It's in a great location. We think it fits into our program. You've got an old landfill on there. That has to be remediated. Barron Collier knows they have to remediate that at some point in time. That will affect the sales price, or perhaps they'll remediate it and then sell it to us. So it's not irresponsible to just explore it. That's all we're doing. And so I know there's a motion and a second and -- CHAIRMAN McDANIEL: There is a motion and a second to move forward with all on A and B. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. Opposed? COMMISSIONER SOLIS: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN McDANIEL: It passed 3-2. Okay. That takes us to lunch. MR. ISACKSON: Lunch break. CHAIRMAN McDANIEL: And let's -- I know we have a time-certain at 1:00, so let's come back at 1:15. COMMISSIONER LoCASTRO: What time? CHAIRMAN McDANIEL: 1:15. (A luncheon recess was had from 12:13 p.m. to 1:15 p.m.) MR. ISACKSON: Mr. Chairman, Commissioners, you have a live mic. CHAIRMAN McDANIEL: Well, good afternoon, everyone. I hope that the lunch hour found you getting something good to eat for January 25, 2022 Page 108 your afternoon. We have some -- some -- and I'm trying -- you have to forgive me, because my computer's locked up here. We have a time-certain agenda item. If you would read that long form, if you would, please. MR. ISACKSON: That's correct, Mr. Chairman. Item #10B RESOLUTION 2022-22: A RESOLUTION NAMING THE BASEBALL FIELD AT IMMOKALEE COMMUNITY PARK THE "STEVEN J. DODSON MEMORIAL BASEBALL FIELD." - ADOPTED MR. ISACKSON: Time-certain at 1:00. It's a recommendation to adopt a resolution naming the baseball field at Immokalee Community Park the Steven J. Dodson Memorial baseball field, and it's sponsored by Chair McDaniel. CHAIRMAN McDANIEL: Well -- do we have any public speakers registered for this item, Troy? MR. MILLER: For -- I'm sorry, for 10B, for this item? CHAIRMAN McDANIEL: Yes. MR. MILLER: No, I don't have registered speakers for it. CHAIRMAN McDANIEL: Well, I know there are a couple of people. Mr. Wilcoxson, would you like to lead us off? Please. MR. WILCOXSON: Yes, sir. Good evening, everyone. I'm Larry Wilcoxson. I grew up in Immokalee, Florida. Steve -- I met Steve my sophomore year at Florida State when I came home to visit. He was more than a police officer. He was a man of just integrity. He was a teacher. He was a preacher. He was a comedian. He was everything, pretty much, more than a police officer is. And I really January 25, 2022 Page 109 wish more law enforcement officers can be like Steven. Steven became a real good friend of mine, and we all old enough in here to remember the show Starsky and Hutch. Well, I was his Huggy Bear. I really was. And things that he needed in the community, the people that he wanted to know about, I gave him the 411. He did a great job. It wasn't about just locking people up. It was about understanding people, how to make people better, how to make their lives better. You know, me and his mother was just talking about how when he go on vacation, like, he would save all, like, the lotions and shampoos and stuff, and he would put them in bags and give them to the people over in Immokalee, which is a very impoverished town. This is Steven. And so when he passed, they called me immediately. I was out -- I was out west. I was on an assignment. I just -- literally, I just broke down crying, because he really -- we really was like brothers. We talked all the time. We laughed all the time. And so he loved baseball. And it was only the right thing to do to have that field in Immokalee in the community that he served for almost 20 years named after him, because he gave his life into Immokalee. And I always begged him, please do not leave Immokalee, Florida, and come over here to Naples and deal with the bureaucracy. I said, man, they need you here in Immokalee. And he was like, Larry, I try to stay here as long as I can. And he really did until the day he left us. He just left us physically, but he definitely have not left me spiritually. He's here. He live within all of us. And so when I reached out to my friend, Commissioner McDaniel, he was like, Larry, we're going to get it done. We're going to get it done. And I'm in DC. For those who don't know, I'm Congressman Byron Donalds' senior advisor. And he was like, January 25, 2022 Page 110 Larry, we're going to get it done. We're going table it. We're going to gentle [sic] it. And I've just been pushing, pushing. And I thank the rest of the County Commissioners for making this happen as well. I mean, you all are doing a very good job for a very great man. And this park will be around when we long and gone and people want to know who is Sergeant Dodson. Thank you, thank you, and thank you for having such a great son. He meant the world to me. CHAIRMAN McDANIEL: Thank you, Larry. MR. WILCOXSON: Thank you. (Applause.) CHAIRMAN McDANIEL: And if the Board will indulge, I'd like to read the resolution that I'm to give to Steven's mother, if I may. And, J.J., would you like -- are you a captain now or chief -- CAPTAIN CAROL: I am. CHAIRMAN McDANIEL: -- or what are you; captain? CAPTAIN CAROL: I am. CHAIRMAN McDANIEL: Do you want to say a few words? CAPTAIN CAROL: If you don't mind. CHAIRMAN McDANIEL: I don't mind at all. Why don't you come on, and then I'll read -- and this is Captain Carol. It's hard for me to refer to him in his official title, because he and I grew up together way back in the day. Of course, he's older than I am, so... CAPTAIN CAROL: I am better looking, though. So my interaction with Steve was work and personal. And to expound on Larry's take on Sergeant Dodson, he just didn't have a love for baseball; he was baseball. He umpired at the minor league level. He umpired within the community. He always had an open heart to making things better, particularly in that community. He was a very good friend of mine, a dear friend. The night that he passed, complete shock, complete shock. And January 25, 2022 Page 111 seeing his mom here today brings a little emotion to me. But Steve was a great cop. He understood what it was to deal with the community and how to make it better. And for that, I will be grateful. I learned many things from him on, particularly, patience, okay. And like Larry was saying, not everybody has to go to jail. That's not what it's about. It's about making our communities better. So, Ms. Dodson, thank you for raising a great son and a good friend of mine. MS. DODSON: Thank you for being with Steve. CHAIRMAN McDANIEL: Thank you J.J. CAPTAIN CAROL: Yes, sir. (Applause.) CHAIRMAN McDANIEL: And I'm going to read the resolution, and then, Ms. Dodson, if you'd like to say a few words, I would be very, very grateful. Please. MS. DODSON: I'd love to. CHAIRMAN McDANIEL: So, whereas, Steven J. Dodson's love of baseball started with his T-ball team at the age of six, advancing through the youth leagues through the age of 18; and, Whereas, Steven's love of the game took him from player to umpire, graduating from the Harry Wendelstedt -- that's a school of umpires. I should have read this in advance -- Wendelstedt School of Umpires in the top 10 of his class in 1994; and, Whereas, Steven umpired for over 22 years in Little League, high school, college, semiprofessional, and professional baseball games during these years visiting more than 20 Major League Baseball stadiums; Whereas, Sergeant Dodson, as he was known in his professional life, served for over 20 years with the Collier County Sheriff, nearly all of which in the Immokalee patrol district, where being fluent in Spanish, he called bilingual balls and strikes when off duty in the January 25, 2022 Page 112 evenings and on weekends; Whereas, on August 7th, 2017, shortly after completing a shift in which he conducted multiple traffic stops and responded to several community calls for service, Sergeant Dodson suffered a fatal heart attack, was -- which was determined by the U.S. Department of Justice to be in the line of duty; Whereas, in 2019, Sergeant Dodson's name was added to the memorial wall for the Collier County Sheriff's Office in 2021, the law enforcement memorial walls in Tallahassee and Washington, D.C., and the Greater Naples official association -- officials association now has an annual Steven Dodson's Excellence in Umpiring Award. It is fitting and proper that a baseball field bear his name in the patrol district where he served -- and I'm editorializing -- and loved and protected his community. Therefore, now be it resolved by the Board of County Commissioners of Collier County in the honor of Sergeant Dodson's sacrifice to Collier County, his commitment to the Immokalee community, and his dedication to the game he loved to name the baseball field in Immokalee Community Park the Steven J. Dodson Memorial Baseball Field and, as directed to staff, to install the appropriate signage. Therefore, be it resolved on this day, January 25th, 2022. How about that? (Applause.) CHAIRMAN McDANIEL: Ms. Dodson, if you would please honor us. MS. DODSON: Someone just said that I didn't look 79, almost 80. CHAIRMAN McDANIEL: My goodness. MS. DODSON: But I'm from West Virginia. Steven was born when I was 10. And for those of you who knew my son, humor and January 25, 2022 Page 113 contagious smile were two things he was known for. A lot of families, when their parents pass away the children are -- they receive a lot of things; they inherit a lot of things. As a mother, I got 103 baseball caps, 10,000 baseball -- more than 10,000, probably 20,000 baseball cards, and 38 baseball jerseys. So how many -- what more would you want? Yes, he loved baseball. We planned all of our -- Steve's father passed away in '99, but before that, when he was growing up, all of our vacations, we made sure we hit two or three Major League stadiums. He loved baseball. And when they made him head of the umpires when he was 17, 18 years old in Palm Beach Gardens, he was very organized, and he loved it. And he loved people. He just -- he was easy. He was a good kid. Yes, I miss him a lot, but he left a lot of things, and people still call and remind me of something good he did. And for Larry, I remember the night at the hotel. He was stranded in some airport, and everyone was trying to help him get that last flight to make it to Naples. And the month before Steve passed away, he would leave me different textbook sayings and texts he would write. And one thing he said, your life is an inspiration to the world. When I leave this world, I want to know that I inspired someone to be a better person. How many mothers can read that and not keep trying to do what their son wanted them? So thank you to everyone here, those of you I know that have done a lot of work and helped make this happen. Steve's brother, when the placard name or billboard or something is done, he will be here. He's just recovering from COVID. And he's a detective, head of the detectives Riveria Beach, Florida. But thank you very much to all of you. (Applause.) CHAIRMAN McDANIEL: Ms. Dodson, it's kind of out of January 25, 2022 Page 114 Hoyle here -- you folks can have a seat if you wish, but I wanted to give you -- this is the actual resolution that's here, and it's also come to my attention that you like this (indicating). MS. DODSON: I do. CHAIRMAN McDANIEL: So with my colleagues' indulgence, I'm going to bequeath that to you as well today. If you would, please. MS. DODSON: Thank you. It is such an honor to be the mother of two law enforcement officers. CHAIRMAN McDANIEL: My mother is listening, and if you don't speak into the microphone... MS. DODSON: Oh. It is an honor to be a mother of two law enforcement officers. I don't want to forget Steve's brother, Michael. He's a great cop also, and he loves life just like his brother did. CHAIRMAN McDANIEL: Thank you very much. (Applause.) CHAIRMAN McDANIEL: So with that, I believe that I need to -- well, we're going to do a picture. Let's do -- we'll do a photograph moment, and then we have a little bit of business to maintain, so... And just as -- for housekeeping purposes, I'm going to make a motion that we accept and adopt the resolution on behalf of Mr. Dodson. COMMISSIONER SAUNDERS: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded. Is there any further discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. January 25, 2022 Page 115 CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Thank you, Ms. Dodson. Thank you. COMMISSIONER LoCASTRO: May I say something? CHAIRMAN McDANIEL: You certainly may. I didn't even call upon you folks to speak. If you would like to, just say so. COMMISSIONER LoCASTRO: I just wanted to add, you know, what a privilege it was to meet you, ma'am, and, sir, you, and, Larry, your kind words. I did want to add that, you know, we've had too many fallen officers not only across the country but just here locally, that placard that so many people walked by this morning, it was really touching, those of you that were here, when we invited people that were here for totally different reasons not to just do a mass exodus, how many people went by and actually said a prayer, touched your son's placard. That placard there provided by the Fallen Officers Foundation, and one of their founders is in the back there, Mr. Mike Randall. I'll ask him to stand up, because he's going to make sure that -- (Applause.) COMMISSIONER LoCASTRO: His job and that of his fiancée, Rosemary Zore, their job, their total, you know, passion in life is to make sure that our officers and our first responders and even veterans who they honor, that they don't pass in vain, that they don't -- they don't -- you know, they're not forgotten; they're always remembered. And something that's going to be coming before these County Commissions very soon is a memorial to possibly be built in one of January 25, 2022 Page 116 our parks, possibly Sugden Park, and it will have your son's name on it, if we all approve unanimously, and I have no doubt that we will. So there's things that are continuing, and your son's memory is not going to be forgotten here in Collier County. And we have great organizations here, you know. And like I said, I wanted to highlight the Fallen Officers Foundation, because Mike and Rosemary do so much to make sure that your son's legacy will always be remembered and that of all of our officers that happen to, you know, fall on tragic times and leave families behind. So thanks, Mike, for being here and for all that you continue to do for our officers in uniform. Thank you, ma'am. MS. DODSON: Thank you. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Just real quickly. Commissioner McDaniel, thank you for bringing this forward. It's certainly a pleasure for me to be participating in honoring a fallen law enforcement officer, and I want to thank his family for their sacrifices. And, Larry, I see your stuff on Facebook. I didn't realize how tall you were. You're always about this big on Facebook. MR. WILCOXSON: Yeah, I make it look that way. COMMISSIONER SAUNDERS: Thank you for your comments. CHAIRMAN McDANIEL: Thank you very much. You're more than welcome to that. I'm bequeathing that, Michael. Got it? Okay. All right. Thank you. COMMISSIONER LoCASTRO: A hundred and twenty-five dollars is what that costs. January 25, 2022 Page 117 CHAIRMAN McDANIEL: That's fine. I'm good for that. County Manager. Item #9A ORDINANCE 2022-05: AN ORDINANCE 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 THE DEVOE PONTIAC PLANNED UNIT DEVELOPMENT (PUD) AND THE GENERAL COMMERCIAL DISTRICT WITHIN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT, (C-4-GTMUD-MXD) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT WITHIN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE OVERLAY (CPUD-GTMUD-MXD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE ST. MATTHEW’S HOUSE CPUD, TO ALLOW A 150 BED HOMELESS SHELTER AND UP TO 130,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AIRPORT ROAD AND GLADES BOULEVARD IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 11.89+/- ACRES; AND PROVIDING FOR REPEAL OF ORDINANCE NO. 97-14, AS AMENDED, THE DEVOE PONTIAC PLANNED UNIT DEVELOPMENT AND January 25, 2022 Page 118 RESOLUTION NO. 99-87 RELATING TO A CONDITIONAL USE FOR A HOMELESS SHELTER; AND BY PROVIDING AN EFFECTIVE DATE – ADOPTED MR. ISACKSON: Commissioners, that brings us to your advertised public hearings. It's 9A. It's a zoning petition, St. Matthew's House CPUD. The item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's a recommendation to approve an ordinance Amending Ordinance No. 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 maps or maps by changing the zoning classification of the herein described real property from the DeVoe Pontiac Planned Unit Development and the General Commercial District within the Mixed-Use Subdistrict the Gateway Triangle Mixed-Use Overlay District to the Commercial Planned Unit Development within the Mixed-Use Subdistrict of the Gateway Triangle Mixed-Use Overlay Zoning District for a project to be known as the St. Matthew's House CPUD to allow a 150-bed homeless shelter and up to 130,000 square feet of commercial development on property located at the southeast corner of Airport Road and Glades Boulevard, Section 12, Township 50 south, Range 25 east, Collier County, Florida, consisting of 11.89 plus-or-minus acres, and providing for repeal of Ordinance 97-14 as amended. CHAIRMAN McDANIEL: Still wanted the camera time, didn't you? MR. ISACKSON: You know, I'll do it on the change sheet; how about that? I've got to graduate into this. CHAIRMAN McDANIEL: Yes, that's true. Let's go in with January 25, 2022 Page 119 our ex parte. Commissioner Solis. COMMISSIONER SOLIS: I did have conversations with representatives of the adjoining property, West Shore Point Naples, Mr. Pires and Mr. Tilbrook; I had a meeting with Mr. Brooder; Mr. Fumo; Mr. Trachtenberg representing St. Matthew's House; and a telephone call, very brief, with Mr. Yovanovich. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I've had a multitude of meetings with parties on both sides, emails as well, and phone calls. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I've had -- I met with the St. Matthew's House board, including Steve Brooder, Rick Fumo, and Joe Trachtenberg; I also met with Tony Pires, Addary Alfonso, and Steven Tilbrook; and I also met again with Rich Yovanovich. I've had a phone call and met with him; and I also attended the CCPC meeting, the second one. And then, of course, we have many emails from constituents on this issue. Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I had meetings with the petitioner and the surrounding property owner, also correspondence and emails. CHAIRMAN McDANIEL: And I, as well, meetings, correspondence, emails, and phone calls on the subject. Do you want to swear them in? (The speakers were duly sworn and indicated in the affirmative.) MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of St. Matthew's House. I want to introduce the people that are here that are part of the team that may speak, and that is -- you've met Rick Fumo. He's the chairman; Steve Brooder's the chief executive officer; myself; Wayne Arnold -- it's not on, Troy. You got it. Thank you -- Wayne January 25, 2022 Page 120 Arnold; Frank Feeney's our engineer; and Jim Banks, our traffic consultant. You've had a chance to meet with all of us about what we're proposing to do, which is basically create a unified campus for St. Matthew's House and, essentially, increase the number of beds from 104 to 150. We've had a long -- two-day hearings with the Planning Commission. We've had long discussions with the owner of -- the representatives of the owner of the apartment complex. Probably at 11:00 this morning we reached consensus on the remaining items. And I'm going to put on the visualizer the two commitments that we've agreed to put in the PUD. I'm going to ask Mr. Tilbrook to come up and say if these are included in the PUD, that their opposition is withdrawn, and then I can continue and do the presentation, or we can just answer questions if you have them. We, essentially, agreed to provide security cameras in the rear of the property to provide additional assurance to our neighbors that the property is well managed and safe. And if an incident happens, the tapes will be available to law enforcement and our neighbors if they need them. And we agreed to -- both sides agreed to have better communication with each other and identify to each other who are the right people to call if discussions need to happen with regard to not only vagrancy and trespassing but any other issues on both sides. So we're going to exchange contact information and keep that updated and have regular meetings to make sure everything is in order. With that, my understanding is, as you all were aware at the Planning Commission, there was a request that we somehow fund the maintenance of their gate. That's been withdrawn. And these two conditions would be added to the PUD that's in your -- in your backup information. We're okay with these commitments, and I believe January 25, 2022 Page 121 Mr. Tilbrook's client has agreed with those -- is okay with these commitments. And I'm just going to ask him to come to the podium and state on the record that so I don't have to go into a long presentation, if that's okay. COMMISSIONER TAYLOR: Yeah. And I just have a quick question, because I know one of the concerns of the complainant was the fact that these were verbal and they're not put into the actual documents. These will be put into the actual documents? MR. YOVANOVICH: These will be added to the developer commitments section of the PUD. COMMISSIONER TAYLOR: Thank you very much. MR. TILBROOK: Thank you, Rich. Thank you, Mr. Chair, members of the County Commission. My name is Steve Tilbrook. I'm an attorney with Akerman Law Firm in Fort Lauderdale, and we represent West Shore Point Naples, which is the owner of the apartment complex that is directly adjacent to the St. Matthew's House campus and the subject of this rezoning. It's been a long, hard road of working together. I want to thank Rich for his consideration and the members of the St. Matthew's House for working hard with us. It's not easy for a property owner to accept the conditions associated with a rezoning to expand a homeless campus next to their apartment complex. So we've worked hard. We reached a resolution this morning. We're thereby withdrawing our opposition. And we wish St. Matthew's House well with its expansion and consolidation of its campus, and we look forward to a productive neighboring relationship. And thank you to the mayor [sic] and commissioners for taking the time to meet with us, to listen to our concerns, and helping us to reach this resolution. January 25, 2022 Page 122 We're here to answer any questions. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: What a refreshing display of cooperative work together between two sides. We've all met with you previously. And I wouldn't say you were at opposite ends, but I certainly -- I think I speak for all of us in saying, you know, thank you so much. Homelessness in this area -- we have so many people come to the podium and talk about, you know, what are we doing. You know, what's -- what's -- why aren't we addressing homelessness? And it's organizations like St. Matthew's House. We could also talk about Wounded Warriors of Collier County that are addressing things. You know, the first thing that weighed on me is you're not looking to expand any of your buildings. You're just adding more beds that's already under your preexisting roof. But all of the conversation that we would have here is really for naught now because, you know, you all have worked it out. So I just say, you know, my hat's off to you-all. I know that my colleagues probably want to say something. But I work very closely with St. Matthew's House. I wouldn't rubber stamp anything that they brought forward because I think, you know, we have to weigh all the options. But, you know, it would be proud for me to make a motion that we approve this based on what you're saying, you know, right now. So I make a motion that we approve the rezoning and allow the increase in beds. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded. Commissioner Taylor. COMMISSIONER TAYLOR: I just thank you. Thank you for this wonderful display of working together and making it the best January 25, 2022 Page 123 possible project for both sides. Thank you so much. CHAIRMAN McDANIEL: Do we have any public comment, sir, Troy? MR. MILLER: We do have several registered public speakers on this. I will remind the speakers that you can waive your time if you no longer want to comment. Mr. Tilbrook, did you want to speak again? MR. TILBROOK: No, thank you. MR. MILLER: Anthony Pires? MR. PIRES: We'll waive. MR. MILLER: Donna Fiala? CHAIRMAN McDANIEL: Since she missed her last -- MR. MILLER: Well, actually, it was supposed to be for this item. There was confusion. CHAIRMAN McDANIEL: Oh, okay. Good. COMMISSIONER LoCASTRO: Ma'am, I remind you you have three minutes. MS. FIALA: Thank you for the reminder. COMMISSIONER LoCASTRO: Three plus. MS. FIALA: It takes me that long to get up there. COMMISSIONER LoCASTRO: She knows I'm kidding. CHAIRMAN McDANIEL: Commissioner Fiala, I'm going to remind my colleague that I'm the chair and you take as long as -- COMMISSIONER LoCASTRO: As long as she wants. CHAIRMAN McDANIEL: You hear me? You have as much time as you wish, my dear. COMMISSIONER LoCASTRO: Absolutely. MS. FIALA: Oh, thank you, kind sir. It was very nice of you. Well, as many you know, I live right around here. And also, I've lived in this development for 20 years, this government center. So I saw what happened before they ever came here, which was in January 25, 2022 Page 124 the '90s. Because when we lived here before, there wasn't a problem, we didn't have everybody all congregated into one area. They were spread all over. And there were a lot of woods around here and everything. When they built St. Matt's, that changed the composition. Well, we pretty well got along, and we tried. Things kept getting worse. Let me tell you the things you don't hear about from anybody. I haven't heard what anybody else has to say, but we in the county here have had a lot of problems because, you know, we're on public property here. So we used to have picnic tables here for our staffs to go out and eat lunch in the front yard -- and you-all remember that -- and sit at the picnic tables. Well, then the homeless wouldn't let us on there because they were sleeping out there and -- or lounging or whatever. That was a problem, so they had to take all the picnic tables out. Then -- and they did. And then, of course, we built a parking garage, and they felt a new place that they could sleep. You see, if they are drinking, if they're using drugs, they're not allowed in St. Matt's to sleep, but they feed them every day, they give them money every day, and so there's -- and they give them telephones. What they do was -- the things that they're not allowed to do there, they do over here. And, like, in the parking garage, they'll say, this is public property, we have every right to be here. And they do. They do. We have to -- some of the people -- I know in some of the departments where they start a little bit early, like 7:00 in the morning -- lots of our employees are really good about getting up in the morning. I, however, never was. But anyway -- but there's homeless already all around. Our security has to get there earlier, and they use the stairs up to the building for a bathroom, let me just say it that way. So everything has to be hosed down. January 25, 2022 Page 125 They always use our -- they plug their phones in that they get from St. Matt's. They plug them into the electric things, so they had to change those outside. We've just had so many problems, but you'll never hear county complaining about it. I used to say to our County Manager, well, tell them -- call St. Matt's. Tell them. They'll clean it up. Well, they never would. They didn't want to make any trouble. Same with the Sheriff's Office. Plenty of crime, but they will never tell you about it. They'll take care of it, but they won't bother the people. They don't want to frighten people into moving to this area. Now, the people that are very much in favor of this, they don't live here. They're happy to keep it here because then it's not in their neighborhoods, and I understand that. But it's very difficult for us. Just like, what was it, two weeks ago, and you probably read it in the newspaper where some 74-year-old guy was coming back to his car in the garage just picking something up from the government center, hit on the head terribly, had to be rushed to the hospital because the guy wanted money. They've gone to a few employers -- and I've talked to a few department heads who people -- whose women going out to their car have been accosted. This -- this is not a friendly place. I know that they want to do better but, you know, they already get lots of money. You know, Bruce Holecek bought them this property, this property, this restaurant, this whole community. I mean, they have money pouring in there. But the more money you pour in, the more people you draw to it. All the -- all the churches are going to say, oh, isn't that wonderful, but they don't realize what doesn't happen or what happens on the outside of St. Matthew's. St. Matt's has a good objective. They want to do this, but they January 25, 2022 Page 126 can't let people in that are heavily on drugs or heavily on alcohol because they just don't want that infecting their area. So they give them food, they give them money, they give them phones, and they say, but just, you know, behave yourself. Anyway, we've had a lot of problems with them. And if you think that we haven't, the people in East Naples, we're used to just taking it on the chin anymore because that's all we do. Everybody that doesn't want them in their area devotes money to make sure that it stays in our area. And it would be nice if, for instance, there was an end to it. But anyway, I just -- CHAIRMAN McDANIEL: Thank you. MS. FIALA: -- wanted to tell you how we feel. CHAIRMAN McDANIEL: Thank you, Commissioner Fiala. MR. MILLER: Our next speaker was Kelsey Couture; am I reading that right? MS. COUTURE: I'm going to waive. MR. MILLER: Okay. And Michael Nojonas. MR. NOJANAS: I'm going to waive. MR. MILLER: Ray Steadman. MR. STEADMAN: Waive. MR. MILLER: And Brittany Hargrove. MS. HARGROVE: Waive. MR. MILLER: And that was all of our speakers, sir. CHAIRMAN McDANIEL: Well, there you have it. MR. YOVANOVICH: Can I make -- Mr. Tilbrook wanted me to make sure that the motion included the two additional commitments to be within the PUD. I assured him it was, but I thought I'd make sure that's -- CHAIRMAN McDANIEL: The motion maker and seconder -- second -- person who seconded it okay with that? COMMISSIONER LoCASTRO: Yes. January 25, 2022 Page 127 COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: Yes. It's been moved and seconded. Any additional discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. YOVANOVICH: Thank you. We appreciate it. CHAIRMAN McDANIEL: Yep. MR. ISACKSON: Thank you, Commissioners. Item #11B LANDSCAPE BEAUTIFICATION MASTER PLAN UPDATE - APPROVED MR. ISACKSON: That moves us back to County Manager's report. Item 11B, which is a recommendation to accept a Landscape Beautification Master Plan update, and Ms. Trinity Scott, your deputy department head for Construction and Maintenance, will present. MS. SCOTT: Sorry, there's traffic. CHAIRMAN McDANIEL: That's right. Too much traffic. Too much traffic. MS. SCOTT: Good afternoon. I thought I would be presenting this morning, but other items took longer, and Rich January 25, 2022 Page 128 Yovanovich, for the record, held me up. COMMISSIONER TAYLOR: That will cost you. MS. SCOTT: Exactly. He knows it. For the record, Trinity Scott, deputy department head. Today I am joined with our newly appointed permanent road maintenance director, Jerry Kurtz, who oversees our landscaping operations, as well as our landscape manager, Pamela Lulich. They'll be assisting me with any questions that you have about the material that I'll be presenting. Today we're going to discuss the arterial roadways that are currently landscaped. What we have experienced in recent years with design and installation costs, maintenance costs per mile, as well as some cost-saving measures that we have been instituting internally, as well as a discussion about what we anticipate costs are going to do in the near future as well as providing some information with regard to our deferred landscape areas. By the way, that's a lively group out there. CHAIRMAN McDANIEL: We can hear you just fine. I don't think it's seeping through. MS. SCOTT: Thanks. So this map shows our current existing arterial roadway network that has existing landscape beautification. It is approximately 122 miles. We have -- we contract a majority of our maintenance out, but we do have in-house crews as well. So we are responsible for 122 miles of maintenance. In 2016, the Board had reinstated the Landscape Beautification Master Plan, and so between 2017 and 2018, we did install 18.2 new miles of landscape and irrigation that brought us to the 122 miles. We do have approximately two miles of additional landscaping that we have in the works right now, which is Davis Boulevard from Santa Barbara Boulevard out to Collier Boulevard, which was January 25, 2022 Page 129 approved by this board last year. And for that project, we are receiving funding from the Florida Department of Transportation for the design and installation. So the last time we installed landscaping was between Fiscal Year '17 through '19. And as you see from this slide, in Fiscal Year '19 we were experiencing about $413,000 per mile for design and installation. Due to the high demand and low supply of materials, we anticipate that design and installation costs will continue to escalate. Our landscape maintenance costs per mile have also escalated over the past few years; however, in the last fiscal year, we did see approximately a 10 percent decrease from the prior year. The cost per year per mile is higher in Fiscal Year '20 and '21 because we were addressing some deferred maintenance such as irrigation pump replacements, tree trimming and removal, and comprehensive plant replacements. When I tell you that this staff is frugal, I mean it. They try to address as many means as they can to be able to reduce costs. One of the cost reduction items that they have implemented is looking at the fertilization of our plant material. And in lieu of fertilizing four times per year, they were able to adjust and be able to fertilize two times per year, which saves us not only in materials, but also for the labor costs associated. They're also implementing setbacks for our plant material to where the plant material is four feet back from the curb for not only crew safety, it decreases our lane closures, which is a hindrance to our traveling public, but also reduces the number of plant materials that are necessary. In addition, they aggressively pursue Florida Department of Transportation grants to be able to offset any costs that we can. And another sidenote, when we are doing turn-lane projects that January 25, 2022 Page 130 will alter the existing landscaping, Ms. Lulich does a cost analysis to see if we can replant that tree cheaper in an area that we need a new tree. So we are trying to reuse our existing materials as much as possible to save those costs in the long term. Now, as much as we're very aggressive with trying to keep our costs down, we also know the market right now. Fuel costs have increased per AAA, $2.31 a gallon one year ago to approximately $3.30 a gallon in January. Our fertilizer costs in increased $3 per bag in a 30-day period of time. We have our maintenance costs -- our maintenance contracts, which are on renewals. We are not -- we are just renewing the contract this year. We are not going out to bid in anticipation that we would receive higher maintenance costs. Our mulch production and installation lead times have increased by two-and-a-half months, and our brick pavers now have a 21-week lead time. So these are all things that we are experiencing with the existing market that we are evaluating so that we make sure, as we come up to you in our upcoming budget cycle, that we are budgeting appropriately for the continuing landscaping maintenance. As you are aware, you hear me usually up here talking about transportation and widening roadways. We have a very aggressive road widening schedule over the next 10 years that is going to require -- or it shouldn't require. Actually, what it's going to have is we will have many medians without landscaping, and so that's what this map represents. These are the roadways that are either in progress of being widened or added right now or anticipated in the next few years where we will not have landscaped medians. So just a recap, currently we have 122 miles that we are maintaining with approximately two miles additional that we anticipate constructing shortly. We anticipate that the landscape January 25, 2022 Page 131 design and installation costs will escalate as well as the maintenance costs, but we're going to continue to evaluate and determine if there are any additional ways for us to reduce costs. We will continue to aggressively pursue grants for plant replacement and irrigation upgrades, and at this time we're not recommending reinstating the Landscaping Beautification Master Plan. CHAIRMAN McDANIEL: And so we're being called upon today to accept this Landscape Beautification Master Plan update and not approve anything. So with that, I'll call for a motion or -- well, Commissioner Taylor, you're lit up. COMMISSIONER TAYLOR: Well, I was going to say that I accept it, but -- and I don't know -- and I would like to make a motion to that effect. CHAIRMAN McDANIEL: Okay. It's been moved that we accept the plan. COMMISSIONER LoCASTRO: I just had a question. You know, Trinity, we spoke in my office, but I think I'm mishearing you, and maybe even others are. So you have a five-year plan, so it's not like we're not going to continue beautifying. You sort of said at the end, the last sentence that, you know, we don't renew it, but we still have things in the works, correct? MS. SCOTT: We will continue to maintain what is existing -- what is -- COMMISSIONER LoCASTRO: Okay. MS. SCOTT: -- what is existing landscaping. We have two miles that we anticipate adding for Davis Boulevard. COMMISSIONER LoCASTRO: Right, but that's FDOT. MS. SCOTT: But beyond that -- right, that's within FDOT. But beyond that, any of the new roadway miles that we're adding, Veterans Memorial -- COMMISSIONER LoCASTRO: Right. I gotcha. January 25, 2022 Page 132 MS. SCOTT: -- we are not planning on landscaping those materials -- landscaping those medians. They will have sod installed as part of the road project. COMMISSIONER LoCASTRO: But the two miles will because it's funded by FDOT. And then I just wanted to add, and this was part of our conversation, you know, there's quite a few medians that maybe when money was more available, there was some pretty robust landscape designs in some medians that maybe looked great during installation, but now as those plants have gotten large and huge, I mean, you have a palm tree and then right next to it you have a Bougainvillea, and then right next to it you have a fern. And, I mean, there's some medians that are pretty crowded. And we even get complaints from citizens who say they're kind of overgrown and it blocks visibility and whatnot. So, you know, I would just add on the record, you know, the design, even though we're not really doing anything right now, but the design is really important. MS. SCOTT: Absolutely. COMMISSIONER LoCASTRO: And so even if we're out there for maintenance, if we see that maybe the design was too robust, like you said, even moving some plants around, if we think there's too much there and we're maintaining. There's several medians where I think some extraction of some -- I mean, I'll leave that to you. But you've clarified what I said. I wanted to just triple check that that two miles isn't suspended; you know, it's in the works. Thank you, ma'am. MS. SCOTT: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. And there's been a motion made, if somebody wants to second the motion, and then I'll move to discussion. COMMISSIONER SAUNDERS: I'll second the motion. January 25, 2022 Page 133 CHAIRMAN McDANIEL: And then we'll have a -- because I have some comments as well. COMMISSIONER SAUNDERS: All right. The new roads that are being built without median beautification, are they being designed and built with median beautification in the future so that there's no problems digging up stuff that's already in there, irrigation areas and that sort of thing? MS. SCOTT: Yes. We routinely put sleeving, and we make sure -- Pam Lulich reviews all of our -- all of the plans that go through Tecum to make sure that they have prepared the medians appropriately. COMMISSIONER SAUNDERS: Well, think about it, that includes -- not traffic lights, but roadway lighting and that sort of thing. It's all kind of designed to have that added? MS. SCOTT: It depends on the roadway. Some roadways we do not, at least for streetlighting, based on the area and based on our planning studies. COMMISSIONER SAUNDERS: And then silly question, but I just thought of it when you were talking about fertilizer. Do you calculate in the fertilizer needs the fact that it's reuse water that has nutrients that -- which would impact the amount of fertilizer needed? Is that -- MS. SCOTT: I'm going to defer to Pam Lulich on that because she's probably our fertilizer expert, or Jerry. Sorry. MS. LULICH: We've been using an 8-0-12 with no phosphorus. Do I calculate the amount of reuse in the existing water? No. We follow the University of Florida's standards for the application. So we're applying to palm trees and doing an all-over fertilization. COMMISSIONER SAUNDERS: Maybe that's something to look at. The only reason I ask that is I read somewhere there was a January 25, 2022 Page 134 failure to consider the nutrients from reuse water which really impacted the amount of fertilizer that was needed. So I'll just throw that out there for your consideration. MS. LULICH: Okay. Thank you. CHAIRMAN McDANIEL: Is that it? COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I wanted to add that I support this going now and going forward, but I really want us to be cognizant as we go forward about the arterial roads where MSTUs have been established, and people are paying into it to keep their roadway and their entrance to their neighborhoods beautiful. And I don't think we should -- we should always include opportunity for folks to landscape if they agree to an MSTU. CHAIRMAN McDANIEL: Just for clarification, I don't think this plan -- excuse me. Does this plan have anything to do with the already existent agreements and MSTUs that are participating in the upkeep of their landscaping? MS. SCOTT: This is a map of the MSTUs. Currently none of these roadways are anticipated to be widened, so we would not be altering any of those areas at this time. CHAIRMAN McDANIEL: Okay. MS. SCOTT: And certainly if we were going to, we would work directly with the MSTU or CRA. This also covers the CRA areas as well. CHAIRMAN McDANIEL: Sure. And before I call for the vote, there are -- there is at least one pilot program that was in design down on 951, I believe, or Collier Boulevard, and then another one being constructed in Ave Maria on the design concept of inverting the median as opposed to the hump, and I want to know, one, how the progress of that is going and then, number two, I want the strict January 25, 2022 Page 135 comparisons for a comparative -- on a comparative basis with regard to the costs associated with that new design as opposed to how we've always done it. MS. SCOTT: I will look into that, sir. CHAIRMAN McDANIEL: Okay. No other comments? (No response.) CHAIRMAN McDANIEL: It's been moved and seconded that we accept the plan as presented. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. SCOTT: Thank you. Item #11C RESOLUTION 2022-23: A RESOLUTION APPROVING REVISIONS TO THE FY2022 PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S AGENCY, COUNTY ATTORNEY’S OFFICE, AND NON-UNION EMS EFFECTIVE JANUARY 1, 2022; TO CONSOLIDATE CERTAIN PAY GRADES AND ADJUST THE CURRENT PAY RANGES IN THE COUNTY MANAGER’S AGENCY AND NON-UNION EMS PLANS BY 10%; TO ADJUST THE CURRENT PAY RANGES IN THE COUNTY ATTORNEY’S OFFICE BY 10%; TO PROVIDE ADJUSTMENT TO MINIMUM AND RANGE PENETRATION INCREASES TO ADDRESS MARKET CONDITIONS AND January 25, 2022 Page 136 INTERNAL EQUITY FOR THE COUNTY MANAGER’S AGENCY, COUNTY ATTORNEY’S OFFICE, AND NON-UNION EMS EMPLOYEES; AND TO PROVIDE CONTINUED AUTHORIZATION FOR THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, USING THE EXISTING POINT-FACTOR JOB EVALUATION SYSTEM, AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS – ADOPTED MR. ISACKSON: Commissioners, Item 11C is a recommendation to adopt a resolution approving revisions to the Fiscal Year 2022 pay and classification plans for the County Manager's agency, County Attorney's Office, and nonunion Emergency Medical Services effective January 1, 2022, to consolidate certain pay grades and adjust current pay ranges in the County Manager's Office and nonunion EMS plans by 10 percent, to adjust the current pay ranges in the County Attorney's Office by 10 percent, and provide adjustment to minimum and range penetration increases to address market conditions and internal equity for the County Manager's agency, County Attorney's Office, and nonunion EMS employees, and to provide continued authorization for the creation of new clarifications, modifications, and/or deletions of classifications and assignment of pay ranges from the proposed pay and classification plans, utilizing the existing point factor job evaluation system, and authorize all necessary budget amendments. Ms. Amy Lyberg, your Human Resources director, will present. MS. LYBERG: Good afternoon, Commissioners. For the record, Amy Lyberg, Human Resources. The item before you today, Commissioners, is a result of a January 25, 2022 Page 137 process that began in the summer of 2021. At that time the county engaged with Evergreen Solutions, a consulting firm with expertise in conducting classification assessments for city, county, and state government organizations. There are still several phases before the study is fully completed, and we anticipate wrapping that up with some recommendations for the start of Fiscal Year 2023. The consultants have recommended actions to address employee compensation, which is what's before you today, which we'll review with you, along with the update on the study and conditions impacting our hiring and retention in the county. On an annual basis, the county has conducted a review of compensation to the external market, and we benchmark positions against other public agencies. In February 2018, the agency's pay plan was less than 5 percent different from the -- you know, from what we're seeing in the market; 5 percent difference in that -- in that market difference for the pay plan. With a survey that was a year ago, in January 2021, we were experiencing now greater than 10 percent difference in the market of the salaries for the county to the external market. Evergreen completed a market analysis this past fall, and the current conditions indicate the salary starting pay is now nearly 13 percent less than our peers in the survey. Additionally, and it's important to note that the salaries of 75 percent of the County Manager Agency employees fall below the pay range midpoint. So why is this important? For the purposes of this study, the midpoints, typically the pay range -- and actually in the market generally, the midpoint is the pay range an individual could expect to earn if they are fully trained and effectively performing all the functions of the job. So there's also a number of factors that are existing in our current talent pipeline and our ability to attract and retain employees. January 25, 2022 Page 138 Collier County has, as you know, for years been near or at the top of the cost-of-living index for the state of Florida. We were listed second in 2021 at 6.45 percent above the statewide average. It will also come as no surprise that housing availability and affordability is of great concern. While our agency has been continuing to recruit for open positions across the United States when we have vacancies, many applicants outside of the tri-county area have declined job offers due to the cost of rentals or inability to purchase a home in this area. Review of the data as well shows that over 17 percent of our current staff members in the agency live outside of -- have an address outside of Collier County. With the potential for long commute times to their Collier job, we've observed in some areas of the agency that we have lost staff when these employees located comparable and at times higher paying jobs closer to home. Locally, private industry has already adjusted to these market changes offering pay rates from 15 to $20 or greater per hour to fill their staffing needs. Local government agencies are also making adjustments to attract new staff and address earnings and equities to the external market. Talk a little bit about the turnover as well in our county vacancies. We've been trending up the last few years. Our turnover in FY '20 was 11.4 percent. For Fiscal Year 2021, that increased to 13.5 percent. So far since October 1st, we've had 92 employees leave the organization with a growing number of separations. This slide actually says 29, but since we've actually prepared this, I think we've probably -- or we have another 10 or so that have already announced that they'll be leaving. If we continue this pace, we could see nearly 370 staff leave before the end of the fiscal year, which would push turnover to over 17 percent in the organization. January 25, 2022 Page 139 If we looked at the cost of this turnover -- a number is one thing, but what does it cost the organization when we're looking at that turnover? If we look at even a conservative estimate of 50 percent of an employee's burdened salary, cost of turnover for Fiscal Year '20 was approximately $9.36 million; for 2021, that would have been $11.124 million; and even the turnover so far this year is nearly $4.166 million. We also have nearly 200 open positions in the organization, but applications from interested candidates are down 37.6 percent between 2020 and 2021. We've had 4,000 fewer applicants for open positions. To put the organization in a better position, the recommendations that are before you today will hope to address these pressures in some respects, at least in an interim capacity, and align with the County Manager's compensation strategy of having the agency's pay plan meet the market. So we're proposing that the following intermediate steps be taken retroactive to January 1st of 2022. The first would be to move all positions under the County Manager's agency entry level pay grades, which are Grades 102 through 108, into Pay Grade 109. This pay range has a minimum starting salary of 15.58 per hour. That gets us in a position in a couple of ways. We are then more competitive with our market. We're also ahead of minimum wage considerations for the minimum wage law that was passed and preparing us for -- to be ahead of that before the 2026 deadline. The second request is to increase the pay ranges for the County Manager Agency and County Attorney's Office pay plans by 10 percent. The third would be to provide a range penetration pay increase. For the County Attorney's Office staff, they're going to receive increases between 3 and 6 percent to their base salary, which is an January 25, 2022 Page 140 average adjustment of 4.73 percent, or roughly $4,385 per employee. For the County Manager Agency staff, employees would receive increases between 4 and 10 percent of their base salary amount as a range penetration adjustment. And the range -- and the range for those increases, between 8.27 and 8.98 percent increase. And that really is dependent on the range in which their pay grade -- the pay grade in which they fall. That average increase comes out to $5,780 per employee on average. And you note from these slides that there are differences in the increased amounts between the County Attorney and the County Manager's Office pay plans. The reason for the difference is the County Attorney independently, in 2020, did conduct a market survey and did make some implemented adjustments at that time to more closely align pay ranges and salaries to the then market rates. And I'd like to note during the pay study process we've continued to communicate with our partners in the county constitutional officer agencies. HR and Finance staff in the agencies have received a copy of the consultant's draft report, which is also part of the backup for this item today, and where questions have come up, we are having conversations about the intermediate findings and how their organizations might consider applying the market data to their applicable positions. So over the next few months, what are we going to be doing? We are going to be receiving the consultant's final report for the last few phases of the pay study. The proposed interim adjustments should provide the county with some time necessary to successfully work through the remaining sections of the Classification and Compensation Study which will focus on revising the pay structure and establishing sound pay practices. Based on the outcome of the study, we'll be working with county senior management and division directors to ensure proposed January 25, 2022 Page 141 changes meet organizational objectives, and then we'll make recommendations for Fiscal Year '23 for consideration and further direction. CHAIRMAN McDANIEL: You didn't ring the bell. Are you done? MS. LYBERG: I didn't ring the bell. I am done, yes, sir. Thank you. CHAIRMAN McDANIEL: Does any of my colleagues have any questions before I go? COMMISSIONER SAUNDERS: I don't. CHAIRMAN McDANIEL: Oh, just a quick question. MS. LYBERG: Yes. CHAIRMAN McDANIEL: Does this line us up as an organization to give consideration to merit pay advantages sometime in the future? MS. LYBERG: It certainly does. One of the things that our consultants have encouraged us to look at is to make sure that we are -- if we are -- if we want to be aligned with the market, our first steps really need to be that we bring salaries up to where the market it. CHAIRMAN McDANIEL: Okay. MS. LYBERG: But if we continue to move in this direction both now and at the beginning of Fiscal Year '23, they would recommend that a merit component could be considered for the beginning of Fiscal Year '24. CHAIRMAN McDANIEL: Outstanding, good, because that's been something that I've longed to see in this organization since I became a commissioner, so... With that, I'll entertain a motion. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SOLIS: Second. January 25, 2022 Page 142 CHAIRMAN McDANIEL: It's been moved and seconded that we approve the item as been presented. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Thank you. MR. ISACKSON: Thank you, Commissioners. Item #11D RECOMMENDATION TO DISCUSS, EVALUATE, AND PROVIDE GUIDANCE ON THE DESIRED TRANSITION APPROACH AHEAD OF THE COUNTY MANAGER’S PLANNED RETIREMENT ON JULY 1, 2022 - MOTION FOR COUNTY MANAGER TO EVALUATE VARIOUS RECRUITING FIRMS, QUALIFICATIONS, COSTS AND INQUIRE FIRM RECOMMENDATIONS REGARDING INCLUDING INTERNAL CANDIDATES AND STAFF TO BRING BACK INFORMATION AT THE NEXT MEETING – APPROVED MR. ISACKSON: Commissioners, Item 11D I guess you can blame me for. It's a recommendation to discuss, evaluate, and provide guidance on the desired transition approach ahead of the County Manager's planned retirement on July 1, 2022. January 25, 2022 Page 143 CHAIRMAN McDANIEL: You know, it never dawned on me that we could just deny your request for retirement and not have this discussion until somebody brought it up today. MR. ISACKSON: I suppose you could do that, sir, but... COMMISSIONER TAYLOR: I'm not sure it would be effective. CHAIRMAN McDANIEL: Yeah. True. MR. ISACKSON: Let me just throw on the visualizer -- hello. Testing. Let me just throw on the visualizer the executive summary text and talk to the Board a little bit about essentially what we did a year ago before I was -- before I was hired. The various options you see on 1, 2, and 3, essentially, is to conduct an external search utilizing our standard process to hire a County Manager through the agency staff through personnel -- our Human Resources area. That's, essentially, what we did -- the process that we went through before the Board opted to select me as the next County Manager. Also provided was an external search through a recruitment firm, and then I've added one, personally, to essentially close the recruitment process to interested senior leadership, department heads, and other interested high-level directors following our standard human resources process. So those were the three that I think probably have some merit for the Board to consider. The next part of the executive summary talks about what exactly took place between December of 2020 and March of 2021. And you'll see that the external/internal search was coordinated through our Human Resources Division. We released the County Manager's position announcement on the county's website as well as other recruitment services, and we developed a position profile, establishment of a recruitment and selection schedule, we compiled all candidates for Board consideration, the Board members evaluated January 25, 2022 Page 144 the candidates, and a short list was presented for further Board consideration. The final short-list candidates were ranked by the Board, and then we scheduled presentations before the -- before the Board of County Commissioners and, finally, the selection of the County Manager candidate, and contract negotiations ensued. If we can just isolate right now conversation connected with how the Board chooses to proceed at this point with the process. CHAIRMAN McDANIEL: Okay. I'll endeavor to keep notes. Commissioner LoCastro. COMMISSIONER LoCASTRO: I'll just kick it off with a couple comments. First of all, I hate to lose you, but thank you for your service, and I know you're not walking out the door yet, Mark. We sure kicked this around a lot previously when, you know, Mr. Ochs departed. So my position, unless -- but I really want to hear, obviously, from my colleagues -- but just to get the conversation going is I liked what we decided last time. It brought some cream to the crop that was internal, it brought some external people in that maybe we wouldn't have expected, and in the end I compared you, Mark, to the internal and external candidates, and it made me feel that much better about even hiring you, you know, looking at the competition. So I also thought it was great -- a great job by our HR Department. I thought they just did an unbelievable job led by Amy and her team. And we had a lot quicker turnaround, I think. Maybe I'm doing the math wrong. It just seemed like we were under the gun. You were under the gun, but we were getting binders and books and interviews and presentations. So I'll just throw it out there. I like what we did last time. We have until July. I also think this time what would be a little bit different is, Mark, you have led with such authority and polish and January 25, 2022 Page 145 professionalism and, you know, you've, I think, even empowered and have found some folks on our staff that, you know, you have really mentored in the time that you've been in the seat that I think will even get candidates internally that maybe hadn't thought about fulfilling the position. And also, it's not just your position. We look like we also have a deputy position and whatnot, so there's a little -- you know, there's a few more moving parts. But, you know, in conclusion, I like what we all decided last time, worked very well, and I think it made it -- it gave the impression or confirmation to the public that we didn't have nepotism going on here, and we just didn't hire, like, the person we liked the best; that we gave everybody a fair chance, and we picked the best candidate, so that's my thoughts. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: The last time I was promoting going out with an outside recruiting firm to see what was available in terms of other managers around the state and perhaps even other parts of the country. I still think that that's the process to go through. We did very well with the last process. Mark's done a great job, but Mark's leaving. And I think we need some more talent brought into Collier County. I know we've got a great staff. I think Mark has moved a lot of people around and moved them up, and that's a great thing. But I think we need to go outside with a recruiting firm. And, quite frankly, I like the concept of not having county employees applying; having this really an outside search. So that's my belief is that we need to do something on the outside. That was my concern last time, and that hasn't changed. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: And I agree with everything that Commissioner Saunders just said. I think what we could have open January 25, 2022 Page 146 to discussion is to whether or not we allow internal candidates to apply. I mean, I think there is some value in institutional knowledge, obviously, so -- but I agree that I think -- I think opening up the pool and creating a bigger list of folks that can be evaluated by a third party would be the way to go. COMMISSIONER SAUNDERS: Mr. Chairman, can I make just -- jump out of line here and just make one quick comment as to why I had said closing the issue just for board members to consider. If you're a manager in Jacksonville, just picking an example, and you're looking at Collier County, and you're looking at county employees that are applying for the job, you want to be assured that this is not a fixed process, that it's -- and so that may result -- if we're not careful, we may result in not getting the quality pool of candidates. That's the only reason I suggested it. If that's a problem, then I can certainly change my view in terms of opening it up, but that's why I suggested that. COMMISSIONER SOLIS: Yeah. And I understand that that -- you know, it's -- it's kind of a chicken and the egg problem. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: That's a tough one. And that's obviously not the question I want to ask our staff for a recommendation on. But, yeah, I mean, how does everyone else feel? I'm curious about that because, I mean, I see it both ways. CHAIRMAN McDANIEL: We're going to get there. Commissioner Taylor. COMMISSIONER SOLIS: Yeah. COMMISSIONER TAYLOR: Well, I mean, this is difficult, but having been through this three times on another board and now once here, one of the -- we always went outside, and we never -- it was never open to internal candidates because it has a chilling effect January 25, 2022 Page 147 to those you're going to solicit their interest in it, because you can't sit there and tell somebody -- you can. You know, the recruiter can say, oh, no, this isn't -- this is -- there's no -- there's no chosen candidate but, unfortunately, the presence of local candidates, when you go out for a national search, can really taint the picture. Not intentionally, but it just does. It's human nature. And this is tough. This is tough because -- but, you know, life is like that right now, and it's something where I would support Commissioner Saunders' idea to go out. I think -- I think it's what we need to do right now. When I weighed it in my mind, I said, you know, we all know the world seems to be coming here, right, the Northeast and the Midwest and California and everywhere, to live here. And I'm thinking, well, maybe -- maybe that is an advantage for us at this point to go out for this position, and maybe that person, or whoever that person is, might even bring people to this county. So I think it's an opportunity that we need to take. I think we need to go forward. The first time we did it was wonderful. I was very pleased. I was very -- a strong advocate for this. I'm very pleased that Mark became our County Manager. But as I say, life happens, and now we're here at a new chapter, and I'm very -- I'm delighted you're bringing it up now. You've handled -- what you've handled in the last few months is just incredible. Your professionalism and your concern for this organization is outstanding. CHAIRMAN McDANIEL: Thank you. I agree but don't agree. I really think we need to go through the process of an external search. I don't think we need to hire a head hunter or a consultant to actually go solicit membership. I would prefer that we do what we did before for a limited period of time with some adjustments. I don't think that appointing January 25, 2022 Page 148 two members of the Board to oversee HR was necessary at all. I didn't find that a fruitful use of my time. Our HR Department did an amazing job during that process. I have also hired executives, CEOs, both in the public and private sector before, some with recruitment firms and some without. I would think, if I were a current county employee -- because a typical employee wants an opportunity to advance, and if we chose to close this to our existing employees and staff, we lose that opportunity for institutional knowledge and also kind of sort of disincentivize our existing staff and employees from a potential of maybe some day being the County Manager. So my personal preference is we do do the external search, we open it up on the -- similar to what we did before with our HR Department advertising the position, and we have similar discussions with regard to the position and the parameters that we offered when we opened it up. But, minimally for a brief period of time, I mean -- and I don't -- you know, I'm just throwing this out as an opportunity to get to a compromise to see if we have candidates that give us the wow factor, if you will. We open it up internally, maybe review it at our second meeting in February with regard to our efforts, how many candidates we have received -- applicants we have received, forgive me, and then at that meeting make a decision. Because the recruitment firms, they have a stable. They have a group of people that they're instantly in communication with as to who potentially might be interested. I don't think we would disavow an applicant that came through a recruitment firm. I certainly would entertain an offer from a recruitment firm that wanted to offer up a position -- or person and/or a candidate. So my thoughts are, do the outside search for a limited period of time then reevaluate, similar to what we did before with a couple of January 25, 2022 Page 149 adjustments. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I stick by what I said initially. I, too, have used search firms before. I've never excluded internal candidates. Here's why I have a concern doing that. First off, if we did decide to use an outside firm, we paid them a lot of money to be impartial. And I think by -- if we did bring in an outside firm but we told them they couldn't entertain any internal candidates, then we have prematurely decided amongst ourselves that there are no internal candidates that we think are even possible. And imagine if we would have done that, then we wouldn't have gotten Mark, so. I'm not -- I'm open to a search firm, but I agree with Commissioner McDaniel. It's January 25th. When I look at how -- what a great job our HR Department did to advertise internally and externally and give us some candidates, certainly, you know, in 30 days, or whatever the magic number is, we could take a look. And if we felt like we didn't have at least a good cadre of initial candidates, there's still time. But I also echo what Commissioner McDaniel is saying, is people want an opportunity to advance, and I just think that we'd be doing a disservice to our employees and also not sending a great signal saying we're bringing in an outside firm, and if you think you could compete to be the County Manager, we've decided you can't. And then also, too, by allowing internal candidates to compete, maybe we interview some people that maybe aren't ready to be the County Manager, but we also have some deputy seats, or at least one, that's available. So it allows us to sort of get a closer look at the senior leadership that we have internally. So I would stick by the decision that we made last time and have HR lead the charge, see what comes of that, and then regroup after January 25, 2022 Page 150 we took a look at who internally and externally applied through our HR Department. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Mark, when is your last day? Is it the 1st of June or -- MR. ISACKSON: July 1st is a Friday. COMMISSIONER SAUNDERS: So we have -- COMMISSIONER LoCASTRO: What year, July 1st, what? 2024? COMMISSIONER SAUNDERS: We have five full months. MR. ISACKSON: Go ahead, sir. I'm sorry. COMMISSIONER SAUNDERS: It sounds like a lot of time, but it's not. And we're in a market that is so competitive. City of Naples is looking for a manager. I'm sure there are other jurisdictions throughout Florida. It really is a competitive market. I think we need to jump on this right away. I do believe we need to have a search firm. I don't think a search firm costs a lot of money, quite frankly. I think the last time it was going to be about $26,000. That's about a third of a lane mile in our median beautification program. So it's -- you know, you put it in some perspective. It's not a tremendous amount of money, but I think it can certainly put us into a position of getting some good candidates. As I said, I think it should be closed to county employees, but I'm a team player, and if it takes open -- keeping it open to county employees to get three votes to do that, I'm okay with that. But I don't think our Human Resources Department really is the right place to start soliciting resumés. I don't think you do that on Facebook and some of the other platforms. So I'm going to stick with I think we need to go outside. CHAIRMAN McDANIEL: County Manager, you were wanting to say something there. If you -- January 25, 2022 Page 151 MR. ISACKSON: Yeah. I just wanted to point to the -- this is the schedule that we had a year ago when we went through the recruitment process. Brittany tells me that there's going to have to be a little bit of a period of time if you decide to go out and hire a search firm. So we might want to add the -- it says candidate. We've got the position to be -- is advertised to interested candidates. There was a period between the 15th of January 2021 and the 18th of February 2021. I suspect that if we interject a search firm into the process, you know, we're talking about, essentially, the month of February and probably into that first meeting in March for -- CHAIRMAN McDANIEL: Procurement, just to get through the procurement process. MR. ISACKSON: Yeah, no. I think we have some leeway in terms of -- because I'm not so sure that the search firm's going to cost us in excess of $50,000, so -- but the -- CHAIRMAN McDANIEL: But doesn't the Board have to select a search firm? MR. ISACKSON: Yeah, that's right. And I was just chatting with Brittany about -- apparently the last time we were looking at this, we didn't have much luck in terms of the interest from search firms. So maybe we'll have to take another shot at that time around if the Board goes down in that direction at this point. All I'm saying is that you might want to extend that 30-day period by another, let's say, two weeks, three weeks. You may be into toward the end of March before we have a search firm on board, have candidates to look at, things of that nature. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Would it -- you know, I'm torn on this issue because there are -- you know, I agree that, you know, I think there's folks internally that, you know, have proven themselves, January 25, 2022 Page 152 and I'd hate to just exclude them. I mean, if we got into a situation where including internal candidates had a chilling effect that we really saw was an issue, I mean, could -- could we have an interim manager and then revisit it? I'm just trying to figure out how we -- how do we make sure that we looked at as many possibilities and made it as competitive as we can? Is that -- is there some process there as a fallback that if we couldn't -- if we really thought that we didn't get the candidates, the kind of candidates that we wanted, that we would somehow be able to limp forward? CHAIRMAN McDANIEL: Well, let's just talk about that. COMMISSIONER SOLIS: Yeah. CHAIRMAN McDANIEL: I mean, we're not broke now. COMMISSIONER SOLIS: No. CHAIRMAN McDANIEL: We have an organization that if, he left today, we'd be okay. It wouldn't be all that fun, but we as an organization would be okay. That's my personal opinion. We have an amazing staff. We have amazing department heads. We have an amazing deputy. Yes, she's smiling at me right now, so I was correct in that assumption. So we're not broken. I think if we go through this process, whether we choose to hire an outside firm to do the solicitation or not, I would -- again, I'm certainly -- I think we ought to just go ahead and open the position up like we did before on the Internet with those search engines that we have. We're coming back in two weeks at our first meeting in February. By then we'll be able to ascertain whether or not we have -- what kind of candidates we've been receiving so far, applicants we've been receiving so far. Whether or not then we have an adequate offer from a search company recruitment firm to do that. We're not belaboring. January 25, 2022 Page 153 Because I have concerns, Commissioner Saunders, on dictating that we hire a recruitment firm just simply because of the -- not solely because of the expense, but because of the time associated and the reluctance that our staff is sharing with us with regard to even having one the last time. So I don't see any reason to not open the position up right now without a search firm, and then if in our first meeting in February we haven't received applicants like we thought and/or staff comes to us, then we can talk about engaging a search firm then. MR. ISACKSON: If I can just maybe interject a couple observations based on the conversation at the dais. It looks like we want to conduct an external search. The concept of whether we hire a search firm has been talked about, and there's obviously different opinions on that. What we can do at HR's level is, number one, let's find out the level of interest from search firms between now and your meeting of -- your next meeting, come back with another report to the board at that point in time, what level of interest do we have from search firms? And then give you a little bit of a schedule with or without -- if there's any interest from search firms. If there's not, we can give you that report and give you a breakdown of a schedule. And you could still probably be on schedule for some type of a candidate evaluation during the last -- later part of March. I'm looking to Brittany to see if -- whether that's even doable or not. But I suspect that we might be able to give the Board some more concrete information on search firm or no search firm depending on level of interest or not. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Well, I was just -- I was -- as I was trying to find some middle ground, I was observing Commissioner Saunders, and I was just wondering -- based upon his expression, I'm just wondering what's your -- what are your thoughts about that? I January 25, 2022 Page 154 mean, you know, I'm not against just going outside. I just, you know -- COMMISSIONER SAUNDERS: I think -- COMMISSIONER SOLIS: And Commissioner Taylor as well. CHAIRMAN McDANIEL: He addressed you personally. Do you mind sitting tight a second while these two talk this out? COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: Go ahead. COMMISSIONER TAYLOR: No, he wants to hear from me, too. COMMISSIONER SOLIS: Well, I want to hear from both of you. CHAIRMAN McDANIEL: Oh, yeah. We all want to hear from you. COMMISSIONER SAUNDERS: I think what I would suggest, based on the conversations, and certainly your comment, Commissioner Solis, in terms of not excluding county employees, that we -- my proposal would be to direct the County Manager to immediately source search firms, come back with a recommendation of a search firm or two at our next meeting with the pricing, and at our next meeting select a search firm, keep it open for county employees to apply through the search firm so that their applications can be evaluated just as well as -- along with everybody else's. We have -- I know we have five months, and that sounds like a lot of time -- COMMISSIONER TAYLOR: It's not. COMMISSIONER SAUNDERS: -- but it will be over in a heartbeat. And so I really, really feel we need to solicit outside applicants and keep it open to the employees. If they want to apply through our consultant, so be it. January 25, 2022 Page 155 COMMISSIONER LoCASTRO: Just hypothetically, if he came back -- CHAIRMAN McDANIEL: Commissioner Taylor's lit up, and then I'll come to you. Commissioner Taylor. COMMISSIONER TAYLOR: I was wondering if the reason that we didn't have much response initially to the headhunters -- I'm going to call them headhunters or the search firm -- is because they knew we were including local. MR. ISACKSON: HR's telling me that the search firms that we had contacted and that were contained in the memo from former County Manager Ochs were at capacity based on their staffing. So the suggestion would be, again, based on Commissioner Saunders, is let's see where they're at now, and we'll bring back a status on that at your next meeting so that we at least know what we're dealing with in terms of the market. CHAIRMAN McDANIEL: And then, Commissioner Saunders -- are you done? COMMISSIONER TAYLOR: I'm not finished. CHAIRMAN McDANIEL: Are you done? COMMISSIONER TAYLOR: Nope. I am going to call to our County Attorney who actually spent a great deal of his early work life doing this. And I'm interested in, have you ever encountered a time when these firms were at a capacity they couldn't -- they couldn't find candidates when you were doing it? MR. KLATZKOW: When I was doing this, half this room wasn't born yet, I don't think. So it was a while ago. It was a different market time. I worked as a headhunter on Wall Street before I went to law school so -- you know. But at that point in time, no, the agencies never turned down business. It's a commission-based business in a lot of ways, so, you know, you January 25, 2022 Page 156 would just always say yes to a client. CHAIRMAN McDANIEL: I found that interesting that they were at capacity and not -- especially with a commission-based business. So, Commissioner -- are you done yet? MR. KLATZKOW: But I will tell you this, okay, because I have been recruited over the years. This is a -- we live in a public-records environment, and we live in an age of Google. And when you put your name in a hat for a position, sooner or later everybody that you're currently working with knows it, all right. That's the -- that's the chill of it. If there's any scintilla of a thought that there might be a strong internal candidate, you are not going to do that. COMMISSIONER TAYLOR: I don't understand what you said. MR. KLATZKOW: You are not going to potentially wreck your current career to apply for another job if that other job has a strong internal candidate. CHAIRMAN McDANIEL: Thank you. COMMISSIONER TAYLOR: So how are we going to -- how do you tell if there -- if we open it for applying, you're assuming that there's somebody that might be a strong internal candidate. MR. KLATZKOW: If you're going to open this up and you want strong candidates, you're going to have to say no internal candidate. Now, that does not preclude you at the end of the process from saying, you know what, George is better than these guys or Dan is better than these guys and go that way anyway. But if you're going to go outside, you don't do it with the internal guys applying. You know these people. You just went through the process less than a year ago, all right. So you already know that. You know what they can do. You've been working with these people, all right. If you want to go outside and bring somebody in that might be better in January 25, 2022 Page 157 your estimation, then you're going to have to do that to get somebody better as saying that there are no internal candidates, because people won't apply. COMMISSIONER TAYLOR: But we have the ultimate decision at the end. MR. KLATZKOW: You always have the ultimate decision on who to hire. So you can go through the entire process. You can go through the interview process. You can say, you know what, none of the people we talked to were better than George or none of the people we talked to were better than Dan, or any other internal person you might like, and go with that person. So you're not precluded. CHAIRMAN McDANIEL: Thank you. Commissioner LoCastro and then Solis. COMMISSIONER LoCASTRO: I'm not opposed to having you come back in two weeks and let us know what search firms are interested, but I still want to reserve the right to not be forced to pick one. I still want to know that we could hear everything and say, no, I don't -- I don't want any search firms. So I want to make it clear that when we make a motion here, that there's clarity there. I'm not opposed to having -- getting more details on a search firm. I will tell you I'm going to be shocked if it comes in at 20,000. And not that the money -- it's not a million dollars, but I think Marco Island spent $80,000, and they did it twice because if you remember, you know, after this unbelievably great search firm shook the trees, then the person that got selected then was arrested, and then they paid the search firm another 80,000. So let's make sure we don't pick that company. But having said that, I just want to specify that if we vote here to have you come back in two weeks with search firm options, that it's not, okay, here's three options. Pick one. I want to have the option to just say, I still stick by what I think we initially did. I think it's a January 25, 2022 Page 158 waste of money and, you know, whatnot. So I didn't know that I heard that clarity. It almost sounded like we were voting on a search firm and then coming back in two weeks with the options for those firms, and I want to make sure that if that's the case, that it's clear to me so I know how I want to vote. CHAIRMAN McDANIEL: No motion's been made yet, just so you know. COMMISSIONER LoCASTRO: Okay. MR. ISACKSON: It's more for -- it's more for availability, and here's what the costs are. CHAIRMAN McDANIEL: Right. Commissioner Solis. COMMISSIONER SOLIS: It seems like a fundamental question in the HR industry. I mean, I'm just wondering, Ms. Lyberg, if -- I mean, is this a thing in the recruiting world? And is this a question that we could just ask recruiting firms if -- does it taint the process somehow and -- or does it have a chilling effect on getting the most candidates to apply? MS. LYBERG: Commissioner, we certainly, as part of our outreach, could ask for -- if they have a -- if there's an industry standard or recommendation that they would have for us as part of this ask before we come back, if that's what the desire is. COMMISSIONER SOLIS: It seems like a fundamental question in any recruiting situation for a local government or for any government, yeah. I mean, it's just -- so... MS. LYBERG: I mean, the answer may be that they say, is it the desire of the hiring organizations, and we will certainly work with you whichever way you want to go. But, you know, they may be able to tell us we've done X percent of excluding internals and Y percent of including. And we can -- if they have that available and we can provide that, we will -- certainly can ask that question. January 25, 2022 Page 159 COMMISSIONER SOLIS: So, Commissioner Taylor, I'm just -- so where -- I'm trying to figure out where you're at. COMMISSIONER TAYLOR: Me? COMMISSIONER SOLIS: Right. COMMISSIONER TAYLOR: I feel that we need to go outside. I think that we will be able to find a firm that's willing to work with us. I hope that when you're asking the firm or firms about their policies, you might ask the simple question, which has been more successful in terms of -- for your results that you're trying to do for your client, or phrase it in such a way that they understand that this is more of an esoteric question rather than a very specific, and then we can take that information. So, again, I'm fairly -- I have always learned from people smarter than me and, frankly, I think that it's outside, and it's without internal candidates. But I love the option at the end if we don't get what we want -- and I've been through that -- we can -- we know who's here. CHAIRMAN McDANIEL: And so -- and I'm just going to say -- I mean, Commissioner Saunders is ready to make a motion, and before he does, I'd just like to offer up the idea. I don't concur with the County Attorney's opinion about the deferral of potential candidates coming. When we opened it up before, we opened it up to everyone, did a world search through the Internet. We had internal candidates; we had external candidates. I concur wholeheartedly with Commissioner Saunders that though five months seems like a long time, I really don't think deliberating for two weeks and do nothing over whether or not -- and who we hire as a consultant or recruiting firm is prudent by any stretch of the imagination. And I'm wondering why we can't do both. Why we can't go ahead and open it up as we did, deliberate in two weeks as to whether or not -- once we have a real cost associated January 25, 2022 Page 160 with a recruiting firm, as to whether or not we choose to do that at our first meeting in February -- and we're not burning two weeks of time. I think we're mistaken that the hiring of a recruiting firm is magnanimously going to produce this body that we're all just going to go okay with. And I think that delaying that -- delaying this process -- it's well known already, and not opening up the position is not the most effective path for us to travel. COMMISSIONER TAYLOR: I see it in reverse. CHAIRMAN McDANIEL: I don't disagree that you do. So, Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I'm going to make a motion that I think summarizes what I think the majority is saying, that is the Manager will source various recruiting firms, see which ones are available, what the general pricing is, get their qualifications, and maybe even be prepared to make a recommendation if we go that route, but evaluate what's out there and what's available. CHAIRMAN McDANIEL: Before you make your motion, one second, not that we're going to be swayed all that much, but, we do -- I think we do have public comment, if I -- MR. MILLER: We have one registered speaker, Daija Hinojosa. CHAIRMAN McDANIEL: Oh, we may be swayed. COMMISSIONER SAUNDERS: And just so you know, we've already started the process to do some rent control. No, just kidding. MS. HINOJOSA: That would be amazing. You moved faster than Agenda 21. I'm just kidding. For the record, my name is Daija Hinojosa, and I just wanted to make a comment. I've been in business management for over 10 years. That's pretty much what I've spent my career doing. And the January 25, 2022 Page 161 one thing that I've learned being in business is that leadership is about succession. And, you know, for the County Manager to be leaving, I think it would be fair that internal candidates have the opportunity to grow and promote and look for that next big thing. You know, being able to pass the baton is kind of like what we should all be living for when we work in leadership positions. So, you know, if I was the County Manager, I would be looking to see which internal candidates do exercise great leadership, which ones have really excelled in their role, who is ready for that next step, because, you know, as we just heard from the last presentation was that we have a lot of turnover in the county. And in any business, I think when you start shutting down the ability for people to grow and promote, they start looking elsewhere. And so I just think that it would be wonderful to at least allow your internal candidates to at least apply so that they can see that when they work for Collier County, they have an opportunity to grow. Also, the downside to just going and only making it available to external candidates is those people don't even live here. They don't know our culture. They don't know about our county. They don't know the people. They don't know the other employees. You're bringing a stranger to now be the leader of everybody. So I just wanted to say I think it would be great for you guys to open it up to everybody. That's it. Thanks. CHAIRMAN McDANIEL: Thank you. All right. Commissioner Saunders, you want to proceed with your motion? COMMISSIONER SAUNDERS: Yeah. Let me start all over again. Direct the County Manager to evaluate various headhunting firms that are in the business of finding County Managers for local governments, evaluate their qualifications, their cost, and be prepared January 25, 2022 Page 162 to even make some recommendations if we move in that direction. On the issue of whether it's open to our employees to apply, inquire from those firms what their recommendation would be just so we have that information, and then we can make that decision in two weeks when they come back. And in the interim, I don't suggest that we go on Indeed or the Internet or anything like that to apply -- to ask for people to apply; that we go down this process first and see where it leads. COMMISSIONER TAYLOR: I'll second that motion. CHAIRMAN McDANIEL: It's been moved and seconded that we do what Commissioner Saunders suggested. Any other discussion? (No response.) CHAIRMAN McDANIEL: I'm going to vote for it, but I don't like it, just so you know. COMMISSIONER SAUNDERS: Okay. CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed -- COMMISSIONER LoCASTRO: No. CHAIRMAN McDANIEL: -- same sign, same sound. 4-1. MR. ISACKSON: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. ISACKSON: That moves us to Item 15, staff and January 25, 2022 Page 163 commission general communications. A couple of things on my end, if I can, Commissioners. We're approaching the dry season, and I wanted to alert the Board that I'm likely going to be consulting with Summers and our related fire chiefs to institute a -- MR. MILLER: On mic, sir. COMMISSIONER TAYLOR: A ban. CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: This early? CHAIRMAN McDANIEL: It's not too early, Commissioner Taylor. MR. ISACKSON: If I may. COMMISSIONER TAYLOR: No, no, I know. MR. ISACKSON: I'm going to be consulting with the EM Director Summers and our five chiefs, and we'll be following our protocol to, at some point in time, probably sooner than later, instituting a burn ban in the community. So I just wanted to let the Board know that that's on my radar screen, so. CHAIRMAN McDANIEL: Thank you. MR. ISACKSON: The second item is our workshop schedule. And, obviously, on Monday we had our joint TDC/BCC workshop. And I wanted to let the Board know that we are proceeding with our mental health workshop in June on June 7th and with our CRA workshop on May 3rd at this point. Our CRA Director Forester has been aware and will be prepared for that date on May 3rd for the joint BCC/CRA workshop. And there are topics that we're bringing back as separate executive summaries and reports to the Board; those in the area of affordable housing, our Growth Management Plan, and stormwater management. So just to let the Board know that, again, this item is on my radar screen, and our staff is moving ahead with those workshop and January 25, 2022 Page 164 separate executive summary topics. Finally, Commissioners, the saga of the monoclonal site is on everybody's radar screen. The EM Director Summers had sent an email out. I pushed that forward to the Board. We're holding the lease right now at the Beach Club pending any further directives from the FDA at a federal level. Apparently all the six or seven sites in the state of Florida have been closed. I don't know how many nationwide, or if it even applies nationwide. I assume it does, given it's an FDA directive. So just be aware that we'll be prepared to open it up if clearance dictates that we open it up. So that's all I have. CHAIRMAN McDANIEL: County Attorney? Nothing? Commissioner Solis? COMMISSIONER SOLIS: Nothing from me. Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I want to bring up just three quick things. We get a lot of email from citizens who notice a lot more trash along the roadways, and I think we're all working with our county staff. But to separate rumor from fact from anybody who might be listening or when we reply to our constituents. You know, as we know, some roads are controlled by FDOT, some roads are controlled by the county. And an awful lot of the trash that gets picked up in Collier County is residents. So anything we can do to help advertise. KeepCollierBeautiful.com, it's a website you can go to. So, you know, I've been pushing that out there to different communities who, you know, will send 10 emails about the aluminum can that's on their front lawn instead of going out and just picking it up themselves. FDOT has made it clear to us that they're really shorthanded right now, and hats off to our county staff who have said, you know, January 25, 2022 Page 165 at this point, hey, we don't care whose job it is. We're all going to pitch in and do what we can and not leave trash on the road and say it's somebody else's problem. But to citizens that are out there, even my peers here, help us advertise the Keep Collier Beautiful, because there's a lot of people who can take responsibility for their own neighborhoods and even, you know, sort of adopt a highway as well. Secondly, at our last meeting we passed a public safety ordinance that has been sort of known on the outside as panhandlers, you know, ordinance, although we know that had to do a lot with public safety. As I've told a lot of my constituents -- I've had a lot of town hall meetings in the last two weeks -- it's going to take some time. So panhandlers aren't going to ever disappear, because it's not illegal to ask for money, but just as we approved in the ordinance, there's a time and place to do it. Public safety is a big piece but, also, too, give our sheriff a chance to get their staff informed and trained. You know, the day that we passed it, I got an email from a citizen, and it probably represented other citizens who said, yeah, we heard you passed the ordinance, and then we saw a panhandler, and we called 911, and the officer on the other end said he didn't know anything about the ordinance, and they couldn't do anything. So people need to be patient. You know, we're trying to do the right thing and ensure public safety. And then, lastly, to address affordable housing, to Ms. Hinojosa and also other people. I'm the commissioner chair of the Affordable Housing Committee, and I'm here to tell you we're not sitting on our hands. We're actually, you know, doing quite a bit. And at our last meeting, we invited some citizens to come, and we're looking at forming a citizen action committee to make sure we're getting as much input from people who are truly out there, because one thing January 25, 2022 Page 166 that was answered for us is that if you all remember that spreadsheet I provided you all of all the housing in Collier County, and, you know, which housing has affordable housing units, the average price -- the benefit of having the citizens come to our last meeting is there were several there who looked at where they actually live and said, the data isn't correct. And the reason it's not correct is because our county calls some of these housing units randomly. But even as our own county -- and I won't say who the person was, but it's a member of our own staff. They said, well, we called from our office, so we feel pretty confident that the caller ID says "Collier County," and then we say, "Do you have affordable housing units?" And they say, "yes." And then we say, "How much are you charging for them?" And they say, "$800 a month." And the reality is that number is not correct, or they have one unit left at a reduced price, but our spreadsheet shows that they have 23 units. So we're trying to get our handle on that. But, lastly, I will just say that our County Attorney here sent us all some information on an email at the last break that is very valuable to separate rumor from fact, and there's a lot of citizens out there that would like us to subsidize rents with basically taxpayer money or do something magical and, actually, what our County Attorney sent us -- and I'm not going to summarize it, because I think we all need to digest it. But the short version is there's a lot of things we actually can't do that the state has the lead on. So some things that people are suggesting to us -- and even I will tell you there was a citizen at the Affordable Housing Committee that said, oh, Tampa has already passed something, and they're already doing it, they're light-years ahead of us. And as you'll see in the email that Mr. Klatzkow's office sent, that's actually not true. He actually specifically addressed Tampa. So more to follow, but we are doing as many aggressive things January 25, 2022 Page 167 as we can, but it's not as easy as just writing every citizen a $1,000 check to offset their housing costs. And then I will remind everybody that we've had developers that have come to this podium how many times with a development, and we've said, we're -- we don't hate it, but we like it a lot more, and we'll approve it if you add 10 percent affordable housing, or I think even last time, you know, Commissioner Saunders squeezed 20 percent out of one of our last developers. And that's -- I'm not saying that solves the problem, but it is part of the solution. There's not one answer. So we're trying to create more inventory out there that is affordable. But this is still Naples. So even some of the affordable prices still aren't dirt cheap, but we are doing some things. And I invite anybody to come to the Affordable Housing Committee meetings. They're advertised. We have them once a month. We have one coming up next week, and they're open to the public. We had every member of the press at the last meeting because I personally invited them. And they came and they interviewed quite a few of us afterwards and ran a really great story on what we are doing. So I just wanted to talk about those three things and, you know, more to follow on affordable housing and the progress we make on panhandlers, and Keep Collier Beautiful. Take responsibility for your neighborhood. CHAIRMAN McDANIEL: Thank you, Commissioner Taylor. COMMISSIONER TAYLOR: Oh, thank you. The Central Library on Central Avenue in the City of Naples has a large parking lot that in nighttime is not being used, so this is really a policy question. Because the Naples Players have come to me and said, you know, do you think it would be possible to be -- to use it? Now, they could use it right now. They could go park there right now. They don't want to do that. They don't want -- they don't January 25, 2022 Page 168 want reserved, you know, parking places. They don't want it fenced off. They want none of that. They just want to have the permission of the county to be able to utilize this parking lot in the evenings. They have 60 to 90 volunteers. And the parking garage downtown, that's Duwanie's (phonetic) plan, right? On 5th it was always business in the daytime, fun at night. Everybody can use the same parking lot. So they just want to expand it to see if the county would be willing to do this, and I wanted to bring it up to see if there were any nods and then maybe have staff -- CHAIRMAN McDANIEL: What do they want to do? COMMISSIONER TAYLOR: -- research it. Park. CHAIRMAN McDANIEL: Park. COMMISSIONER TAYLOR: There's 60 to 90 volunteers with -- and their performances are generally in the evening most of the time. CHAIRMAN McDANIEL: Okay. And they want to use -- they want to use the parking -- the library's parking lot as overflow parking? COMMISSIONER TAYLOR: Overflow is probably not the -- as parking -- CHAIRMAN McDANIEL: Just parking? COMMISSIONER TAYLOR: -- as well as using other areas. But they would like to be able to use it but not rope it off. No big, you know, this is ours and it's from this -- none of that. CHAIRMAN McDANIEL: It's not going to inhibit the existing patrons of the library or anything? COMMISSIONER TAYLOR: No, no, because the library closes at 7:00. CHAIRMAN McDANIEL: Okay. I'm just asking. COMMISSIONER TAYLOR: But, again, this is -- if there's an January 25, 2022 Page 169 interest in this, I'd like -- COMMISSIONER SOLIS: The parking lot's open, isn't it? I mean, they could -- COMMISSIONER TAYLOR: Yeah, it's wide open. COMMISSIONER SOLIS: -- park there. I think it's a great idea. CHAIRMAN McDANIEL: It's -- I'm curious as to why they're asking permission and not just doing it. COMMISSIONER TAYLOR: Because they're the type of organization that aren't just going to say, oh, there's some parking places, go do it. They want to make sure that -- they're good neighbors. They want to make sure that we -- CHAIRMAN McDANIEL: Okay. COMMISSIONER LoCASTRO: A dollar a car. CHAIRMAN McDANIEL: We could get a little bit of -- COMMISSIONER TAYLOR: I would remind them they are a 501(c)3. COMMISSIONER SAUNDERS: Could you make sure whatever arrangements you discuss with them that their parking is available when the library is closed? COMMISSIONER TAYLOR: Yeah. COMMISSIONER SAUNDERS: If the library has a program at 8:00 at night -- just make sure that the library's closed when they want to use the lot. MR. ISACKSON: I'd feel a lot more comfortable if we can get something from them through -- either through your office or sent directly to me indicating their intentions. COMMISSIONER TAYLOR: Okay. MR. ISACKSON: That would be appreciated. COMMISSIONER TAYLOR: Get it all memorialized in writing. January 25, 2022 Page 170 MR. ISACKSON: Yes, please. COMMISSIONER TAYLOR: All right. I'm happy to do that. CHAIRMAN McDANIEL: That's a very prudent move. Again, I -- because I feel like commission -- I mean, in pretense, it sounds all just fine, but it moves from this to this, and then it ends up inhibiting our normal operations and it's a "who gave them the authority," so... COMMISSIONER TAYLOR: Yeah, exactly. Okay. Thank you. That's it. CHAIRMAN McDANIEL: That's all? Commissioner Saunders. COMMISSIONER SAUNDERS: I don't have anything. CHAIRMAN McDANIEL: I'm going to be very brief, contrary to popular belief. COMMISSIONER SAUNDERS: Except I did want to say one thing. I'm sorry. I just wanted to congratulate -- give my kudos to Georgia in their national championship game. COMMISSIONER SOLIS: We're the better team? COMMISSIONER SAUNDERS: They -- COMMISSIONER TAYLOR: We almost bought Georgia hats and then decided second -- to second guess ourselves with that. COMMISSIONER SOLIS: Go dogs. CHAIRMAN McDANIEL: And on that note, this seems rather minuscule. COMMISSIONER SOLIS: Mr. Chair. CHAIRMAN McDANIEL: What? COMMISSIONER SOLIS: Since I know what you're going to say is really, really important. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: And you should be the hammer at the end of the meeting. January 25, 2022 Page 171 CHAIRMAN McDANIEL: I will be here in a minute if you keep it up. COMMISSIONER SOLIS: I just wanted to do a feel-good thing and congratulate Dr. George and Heather on being a new dad. CHAIRMAN McDANIEL: Oh, yeah, yeah, yeah. Congratulations, Dr. George. (Applause.) CHAIRMAN McDANIEL: Okay. We have an issue with infrastructure in our community. COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: Yeah, surprising. And one of the issues we have is cell service. Even with the existing cell towers that we, in fact, have available, our influx of winter visitors is consuming bandwidth. And all of us, I know myself even in the urbanized area, is having difficult times getting cut off. And so one of the -- one of the thoughts that I had -- I asked staff to produce a list of county-owned properties. Dr. George is coming to me with our Utility's own properties, and giving this list to our Zoning and Planning Department to go through and analyze these sites as to what can be elevated up highest to provide an offer up to cell tower companies to assist with the infrastructure and the zoning requisites on these county-owned lands as to what we need to do. It's something that really needs to happen. It's not just in the east. It's actually in the urban area as well. I had a meeting with one of the cell providers a month or so ago. And when you -- it's scary, as you all sit there and look on your cell phones. It's scary the amount of bandwidth -- COMMISSIONER SAUNDERS: I'm trying to see if I can get service. COMMISSIONER TAYLOR: I'm not having trouble. CHAIRMAN McDANIEL: So if it meets with your approval, January 25, 2022 Page 172 I'd like to move this forward. We aren't going to do anything until we come back and talk to you about the potential pieces of property, and there is -- and we already have experience with it. I spoke with Dr. George. I think we have two cell towers on our north wastewater water facility up on Goodlette Road now. There are boosters -- when I was wandering Veterans Park over the weekend, there are boosters on the lights poles that are in there. And so I think we need to provide that very needed infrastructure for our residents, so with your permission I'm going to move it forward, and then we'll come back and talk about specific sites as we go. Other than that, we are adjourned. ***** ****Commissioner LoCastro moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted**** Item #16A1 – Moved to Item #11E (During Agenda Changes) Item #16A2 ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO. 2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS; TO PROVIDE CRITERIA FOR ACCESSORY AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS; AND OTHER CHANGES Item #16A3 January 25, 2022 Page 173 CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND BRE DDR CARILLON PLACE LLC, FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE AIRPORT PULLING PUBLIC RIGHT-OF-WAY - FOLIO #25500000750 Item #16A4 CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND 6376 NAPLES PROPERTIES, LCC, FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE NAPA BOULEVARD AND NAPA WOODS WAY PUBLIC RIGHT-OF-WAY - FOLIO #38332360008 Item #16A5 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $117,588.50 FOR PAYMENT OF $2,000 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. ELIAS VALENCIA, RELATING TO PROPERTY LOCATED AT 2930 70TH ST SW, COLLIER COUNTY, FLORIDA - FOR CODE VIOLATIONS BROUGHT INTO COMPLIANCE ON APRIL 26, 2020 Item #16A6 RELEASE OF THREE (3) CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $400,027.62, FOR PAYMENT OF January 25, 2022 Page 174 $4,426.71, IN THE CODE ENFORCEMENT ACTIONS TITLED BOARD OF COUNTY COMMISSIONERS V. DORIS LEE STATON ROSO AND SHEILA JAMESON, CASE NOS. CEPM20130005552, CEPM20130011727, AND CEPM20130013841, RELATING TO PROPERTY KNOWN AS 696 PINE VALE DRIVE, COLLIER COUNTY, FLORIDA - WITH A SETTLEMENT PAYMENT OF $4,426.71 FOR VARIOUS CODE VIOLATIONS Item #16A7 A REPORT REGARDING THE FEASIBILITY OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BELLAIRE BAY DRIVE AND IMMOKALEE ROAD AS REQUESTED IN ITEM #15 AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON JUNE 8, 2021 Item #16A8 WILSON BOULEVARD WIDENING CORRIDOR STUDY FROM IMMOKALEE ROAD TO GOLDEN GATE BOULEVARD AND CONTINUE PUBLIC ENGAGEMENT AS THE PROJECT PROGRESSES THROUGH SUBSEQUENT PHASES Item #16A9 AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR CONTRACTOR LICENSING BY COLLIER COUNTY THROUGH FEBRUARY 6, 2023 AND PROVIDE FOR January 25, 2022 Page 175 AUTOMATIC RENEWALS THEREAFTER - DUE TO TERMINATE ON FEBRUARY 6, 2022 Item #16A10 AGREEMENT #22-008-NS FOR MAINTENANCE, WARRANTY AND SUPPORT FOR COLLIER AREA TRANSIT’S EXISTING FIXED ROUTE AND PARATRANSIT SOFTWARE SYSTEM WITH AVAIL TECHNOLOGIES, INC. TO ALLOW FOR CONTINUED VENDOR SUPPORT WHILE STAFF COMPLETES A SOLICITATION FOR A NEW SYSTEM AND AUTHORIZE EXPENDITURES MADE UNDER THE AGREEMENT THROUGH APPROVED FY22 EXEMPTION REQUEST #073 Item #16A11 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $29,660 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20190002216 FOR WORK ASSOCIATED WITH WHITAKER WOODS Item #16A12 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER’S CREEK, MARSH COVE - PHASE 2A, PL20160001213, ACCEPT THE CONVEYANCE OF THE COUNTY UTILITY EASEMENT, AS RECORDED IN O.R. BOOK 5251, PAGES 1671-1672, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE January 25, 2022 Page 176 COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON DECEMBER 9, 2021 Item #16A13 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER’S CREEK, MARSH COVE - PHASE 2 REPLAT, PL20160001215 AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON DECEMBER 9, 2021 Item #16A14 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ENBROOK PHASE 1, PL20210000222 AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON MARCH 16, 2021 January 25, 2022 Page 177 Item #16A15 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ENBROOK PHASE 2, PL20210001544 - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE SEPTEMBER 20, 2021 Item #16A16 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 9B, PL20200001939 AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON DECEMBER 6, 2021 Item #16A17 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR WHITAKER WOODS, PL20210002607 - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE NOVEMBER 23, 2021 January 25, 2022 Page 178 Item #1618 RESOLUTION 2022-11: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ISLES OF COLLIER PRESERVE PHASE 7, APPLICATION NUMBER PL20150001904, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $179,349.96 Item #16A19 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR BENTLEY VILLAGE – BENTLEY CARE CENTER PHASE 1, PL20210002854 - FINAL INSPECTION WAS CONDUCTED AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE ON NOVEMBER 17, 2021 Item #16A20 RESOLUTION 2022-12: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF RANCH AT ORANGE BLOSSOM, PHASE 2A, APPLICATION NUMBER PL20150002151, ACCEPTANCE OF COUNTY MAINTENANCE RESPONSIBILITIES FOR TRACT “R-2” OF RANCH AT ORANGE BLOSSOM, PHASE 2A, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $943,064.74 January 25, 2022 Page 179 Item #16A21 RECORDING THE FINAL PLAT OF SONOMA OAKS (APPLICATION NUMBER PL20190002811) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $2,472,821.49 - W/STIPULATIONS Item #16A22 RESOLUTION 2022-13 (5311): AN FY21/22 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 PUBLIC TRANSPORTATION GRANT AGREEMENT FOR FORMULA GRANTS FOR RURAL AREAS IN THE AMOUNT OF $1,314,864 TO PROVIDE TRANSIT SERVICE TO THE RURAL AREA OF COLLIER COUNTY; APPROVE A RESOLUTION AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT AND CERTIFICATIONS AND ALL NECESSARY BUDGET AMENDMENTS. (COLLIER AREA TRANSIT GRANT FUND 424 AND COLLIER AREA TRANSIT MATCH FUND 425) Item #16A23 THE ELECTRONIC SUBMITTAL OF AN FY21 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 AMERICA RESCUE PLAN GRANT APPLICATION THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM IN THE AMOUNT OF $1,595,333 TO SUPPORT TRANSIT SYSTEM CAPITAL AND OPERATING COSTS AND ACCEPT THE AWARD AND AUTHORIZE THE NECESSARY BUDGET January 25, 2022 Page 180 AMENDMENT IN THE AMOUNT OF $1,595,333. (COLLIER AREA TRANSIT GRANT FUND 424) Item #16A24 RESOLUTION 2022-14: A RESOLUTION AND EXECUTE THE FY22-23 PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN THE AMOUNT OF $1,116,412 PROVIDING FOR STATE FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE TRANSIT ADMINISTRATIVE, MANAGEMENT, AND OPERATIONAL EXPENSES, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (COLLIER AREA TRANSIT GRANT FUND 424) Item #16A25 RESOLUTION 2022-15: THE ELECTRONIC SUBMITTAL OF A FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION IN THE AMOUNT OF $299,621 TO THE FLORIDA DEPARTMENT OF TRANSPORTATION AND APPROVE THE ASSOCIATED RESOLUTION TO SUPPORT TRANSIT SYSTEM CAPITAL IMPROVEMENTS. (TRANSPORTATION DISADVANTAGED GRANT FUND 428 AND TRANSPORTATION DISADVANTAGED MATCH FUND 429) Item #16A26 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT FOR MEDIAN IRRIGATION AND January 25, 2022 Page 181 LANDSCAPING IMPROVEMENTS ADDRESSING PLANT REPLACEMENTS, IRRIGATION RENOVATIONS AND HURRICANE IRMA REPLACEMENTS ON THE EXISTING LANDSCAPED SEGMENT, STATE ROAD 951, COLLIER BOULEVARD FROM JUDGE S. S. JOLLEY BRIDGE TO CAPRI BOULEVARD FOR REIMBURSEMENT UP TO $100,000 Item #16A27 EXECUTE A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ADDRESSING PLANT REPLACEMENTS AND IRRIGATION RENOVATIONS ON AN EXISTING LANDSCAPED SEGMENT, STATE ROAD 951, COLLIER BOULEVARD FROM CAPRI BOULEVARD TO SHELL ISLAND ROAD FOR REIMBURSEMENT UP TO $100,000 Item #16A28 EXECUTE A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS TO ADDRESS PLANT REPLACEMENTS AND IRRIGATION RENOVATIONS ON AN EXISTING LANDSCAPED SEGMENT, STATE ROAD 84, DAVIS BOULEVARD FROM US-41 (TAMIAMI TRAIL) TO AIRPORT-PULLING ROAD FOR REIMBURSEMENT UP TO $100,000 Item #16A29 January 25, 2022 Page 182 EXECUTE A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS TO ADDRESS PLANT REPLACEMENTS AND IRRIGATION RENOVATIONS ON AN EXISTING LANDSCAPED SEGMENT, STATE ROAD 84, DAVIS BOULEVARD FROM AIRPORT- PULLING ROAD TO COUNTY BARN ROAD FOR REIMBURSEMENT UP TO $100,000 Item #16A30 A BUDGET AMENDMENT REDUCING BUDGETED GRANT REVENUES IN THE AMOUNT OF $112,500.00 AND REALLOCATING FUNDS TO FUND CURRENT CONTRACTS DUE TO THE TERMINATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM SUB-RECIPIENT AGREEMENT #H0469 (PINE RIDGE ESTATES) WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT. (PROJECT NO. 60126) - FEMA NOTIFIED STAFF THAT THE GRANT HAS BEEN CLOSED OUT BY FDEM AND FEMA Item #16C1 RESOLUTION 2022-16: A RESOLUTION AND SATISFACTIONS OF LIEN FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIENS. FISCAL IMPACT IS $28.50 TO RECORD THE SATISFACTION OF LIEN (MANDATORY COLLECTIONS FUND 473) January 25, 2022 Page 183 Item #16C2 A DONATION AGREEMENT THAT ALLOWS VANDERBILT NAPLES HOLDINGS, LLC, A FLORIDA LIMITED LIABILITY COMPANY TO DONATE A 1.14-ACRE PARCEL ALONG WITH A MANAGEMENT ENDOWMENT OF $166,440, TO THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM UNDER THE OFFSITE VEGETATION RETENTION PROVISION OF THE LAND DEVELOPMENT CODE LDC SEC 3.05.07 H.1.F.VI.(B), AT NO COST TO THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION AGREEMENT AND STAFF TO TAKE ALL NECESSARY ACTIONS TO CLOSE Item #16C3 BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF $13,216,656.57 TO REALLOCATE FUNDING WITHIN WATER USER FEE CAPITAL PROJECT FUND (412), WASTEWATER USER FEE CAPITAL PROJECT FUND (414), CWS BOND #2 PROCEEDS FUND (419) AND TO REALLOCATE DEBT SERVICE FUNDING BETWEEN THE CWS OPERATING FUND (408) AND WASTEWATER IMPACT FEE CAPITAL FUND (413) Item #16C4 CHANGE ORDER NO. 3 TO AGREEMENT NO. 18-7370, "PUBLIC UTILITIES WATER-SEWER DISTRICT MASTER PLAN," PROJECT NO. 70031, ENCOMPASSING ALL COLLIER COUNTY WATER-SEWER DISTRICT CAPITAL FUNDS January 25, 2022 Page 184 Item #16C5 AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 21-7884, “DESIGN SERVICES FOR NEW CHILLER PLANT BUILDING K, JAIL GENERATOR AND PLATFORM,” TO MATERN PROFESSIONAL ENGINEERING, INC., IN THE AMOUNT OF $1,406,974, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT (INFRASTRUCTURE SURTAX PROJECT NO. 50214) Item #16D1 ITEM WAS CONTINUED FROM THE DECEMBER 14, 2021 BCC MEETING. FOURTH AMENDMENT TO AGREEMENT #19- 7537, “AFFORDABLE HOUSING MARKETING OUTREACH CAMPAIGN,” WITH QUEST CORPORATION OF AMERICA, INC., ADDING $171,528 TO SUPPORT ADDITIONAL SERVICE AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT. (ESTIMATED FISCAL IMPACT $171,528, HOUSING GRANT FUND 705) Item #16D2 AWARD FROM THE DEPARTMENT OF ELDER AFFAIRS IN THE AMOUNT OF $250,000 FOR THE GOLDEN GATE SENIOR CENTER EXPANSION AND HARDENING PROJECT AND AUTHORIZE THE CHAIRPERSON TO SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (HOUSING GRANT FUND 705) January 25, 2022 Page 185 Item #16D3 THE CHAIRPERSON TO SIGN TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $23,960 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT AMOUNTS TOTALING $23,960 (SHIP GRANT FUND 791) Item #16D4 THE CHAIRPERSON TO SIGN THE FIRST AMENDMENT TO THE STREET LIGHTING AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES ALLOCATING AN ADDITIONAL $500,000 (HOUSING GRANT FUND 705) Item #16D5 THE CHAIRPERSON TO SIGN THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING AUTHORITY TO REDUCE THE AMOUNT OF THE AGREEMENT FROM $579,000 TO $425,000 FOR A NET CHANGE OF $154,000, MODIFY THE AGREEMENT’S SCOPE TO CLARIFY CLOSING LANGUAGE AND PAYMENT DELIVERABLE REQUIREMENTS, AND UPDATE COLLIER COUNTY CONTACT INFORMATION (GRANT FUND 705) Item #16D6 COLLABORATE WITH THE NAACP COLLIER CHAPTER, January 25, 2022 Page 186 SOUTHWEST HERITAGE, INC., AND THE FRIENDS OF THE COLLIER COUNTY MUSEUMS TO CREATE A “BLACK HISTORY OF COLLIER COUNTY” EXHIBIT SPACE IN THE BAGGAGE CAR AT THE NAPLES DEPOT MUSEUM; AND ACKNOWLEDGE THE FRIENDS OF THE MUSEUM APPLIED FOR A FLORIDA DIVISION OF HISTORIC RESOURCES AFRICAN AMERICAN CULTURAL AND HISTORICAL GRANT, AND THAT THE PROJECT WILL BE FUNDED BY A VARIETY OF NON-COUNTY GRANT AND OTHER SOURCES Item #16D7 WAIVE THE AVERAGE READMISSION PERFORMANCE MEASURE REQUIREMENT FOR DAVID LAWRENCE MENTAL HEALTH CENTER, INC., AND ALLOW FULL FINAL QUARTERLY PAYMENT IN THE AMOUNT OF $581,972.25 UNDER GF2021-003 STATE MANDATED SERVICES (GENERAL FUND 001- MENTAL HEALTH COST CENTER 156010) Item #16E1 DONATION OF 13 SENSORY KITS FROM ADDITIONAL NEEDS, INC. TO THE EMERGENCY MEDICAL SERVICES DIVISION FOR THE PURPOSE TO HELP CALM SPECIAL NEEDS PATIENTS BEING TRANSPORTED BY AMBULANCE OR IN EMERGENCY SITUATIONS HANDLED BY STAFF - HELPING PATIENTS ON THE AUTISM SPECTRUM Item #16E2 January 25, 2022 Page 187 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16F1 RESOLUTION 2022-17: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED BUDGET Item #16F2 FOURTH AMENDMENT TO THE LONG-TERM LEASE AND OPERATING AGREEMENT FOR THE GOLF AND ENTERTAINMENT COMPLEX (THE “LEASE”) WITH CC BSG NAPLES, LLC (“BIGSHOTS”) TO EXTEND THE FINANCING CONTINGENCY PERIOD Item #16F3 PARADISE COAST SPORTS COMPLEX OPERATING MANUAL GOVERNING SPORTS FACILITIES MANAGEMENT, LLC’S (“SFM”) MANAGEMENT POLICIES AT THE SPORTS COMPLEX Item #16J1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER January 25, 2022 Page 188 PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN DECEMBER 30, 2021 AND JANUARY 12, 2022 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JANUARY 19, 2022 Item #16K1 RESOLUTION 2022-18: APPOINTING JACOB DAMOUNI, REPRESENTING COMMERCIAL/BUSINESS, AND REAPPOINTING RICHARD SWIDER AND PETER GRIFFITH REPRESENTING RESIDENTIAL INTERESTS, TO THE PELICAN BAY SERVICES DIVISION BOARD Item #16K2 RESOLUTION 2022-19: APPOINTING ANA PATRICIA ESTRELLA REPRESENTING THE NON-PROFIT TO THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE Item #17A ORDINANCE 2022-03: AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND January 25, 2022 Page 189 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 ESTATES (E) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS CREWS ROAD RPUD, TO ALLOW CONSTRUCTION OF UP TO 60 TOWNHOMES OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF COUNTY BARN AND WHITAKER ROADS, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 9.96± ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PL20210000101] Item #17B – Moved to Item #9B (Per Agenda Change Sheet) Item #17C – Moved to Item #9C (Per Agenda Change Sheet) Item #17D RESOLUTION 2022-20: PETITION VAC-PL20210001150, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 15-FOOT DRAINAGE EASEMENT LOCATED ALONG THE BORDER BETWEEN LOTS 46 AND 47, WHITE LAKE CORPORATE PARK PHASE FOUR, AS RECORDED IN PLAT BOOK 42, PAGE 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND TO ACCEPT January 25, 2022 Page 190 PETITIONER’S GRANT OF A 15-FOOT DRAINAGE EASEMENT TO REPLACE THE VACATED DRAINAGE EASEMENT Item #17E ORDINANCE 2022-04: 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 CORRECT SCRIVENER’S ERRORS AND UPDATE CROSS REFERENCES RELATED TO VARIOUS LAND DEVELOPMENT CODE (LDC) SECTIONS, INCLUDING THE FLORIDA BUILDING CODE (FBC), THE FLORIDA FIRE PREVENTION CODE (FPC), THE FLORIDA STATUTES (F.S.), AND FLORIDA ADMINISTRATIVE CODE (F.A.C.) CHAPTER AND RULE CITATIONS, AND TO UPDATE THE GOODLAND ZONING OVERLAY MAP WITH NO BOUNDARY CHANGE; 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 SECTIONS 1.07.00 LAWS ADOPTED BY REFERENCE AND 1.08.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF January 25, 2022 Page 191 ACCESSORY BUILDINGS AND STRUCTURES AND SECTION 4.02.22 DESIGN STANDARDS FOR THE GOODLAND OVERLAY ZONING DISTRICT; CHAPTER FIVE SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, INCLUDING SECTION 5.05.04 GROUP HOUSING; CHAPTER SIX INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; AND CHAPTER TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTIONS 10.01.02 DEVELOPMENT ORDERS REQUIRED AND 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE [PL20210002604] Item #17F RESOLUTION 2022-21: RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED BUDGET **** January 25, 2022 Page 192 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ WILLIAM McDANIEL, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK ___________________________ These minutes approved by the Board on ______________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC.