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Agenda 09/13/2022 Item # 2B (BCC Meeting Minutes from June 14, 2022)09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: June 14, 2022 BCC Minutes Meeting Date: 09/13/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 07/20/2022 4:26 PM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 07/20/2022 4:26 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 07/20/2022 4:26 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 2.B Packet Pg. 22 June 14, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 14, 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: Amy Patterson, Acting County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 14, 2022 9:00 AM Commissioner William L. McDaniel, Jr., District 5; – Chair – CRAB Co-Chair Commissioner Rick LoCastro, District 1; – Vice Chair Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 2 June 14, 2022 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Tim Reed of Fairway Bible Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary Agenda as amended (ex parte disclosure provided by Commission members for consent agenda.) B. May 10, 2022, BCC Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS Page 3 June 14, 2022 C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Jon Hood, in the Wastewater Division, as the May 2022 Employee of the Month. (All Districts) 4. PROCLAMATIONS A. Proclamation designating June 19, 2022, as Juneteenth Day in Collier County. To be accepted by Vincent Keeys, Diann Keeys, Frank Walker, Irene Williams, Dr. Oliver Phipps, and Dr. John Newton. B. Proclamation recognizing PetPeople as recipient of the Waste Reduction Awards Program, 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. To be accepted by Dawn Snyder and Amanda Plotts. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for June 2022 to Dragon Horse Agency. The award will be accepted by Julie W. Koester, Co- Founder and President, Dragon Horse Media, and Patrick Blake Renda, Co-Founder and Chief Strategy Officer, Dragon Horse Media. Also present is Michael Dalby, President, The Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This Item continued from May 24, 2022, 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 an Ordinance amending Ordinance Page 4 June 14, 2022 Number 08-41, the First Assembly Ministries Education & Rehabilitation Campus MPUD, as amended, to change the name of the MPUD to Collier Boulevard Lord’s Way MPUD; to remove the daycare use and allow the church use as an interim use for up to 5 years; to increase the number of dwelling units from 306 units to 690 units with 76 affordable housing units; and to reallocate the uses, revise the development standards and the PUD master plan for the PUD property consisting of 69± acres located on the northeast corner of the intersection of Collier Blvd. (C.R. 951) and Hacienda Lakes Parkway, formerly Lord’s Way, in Section 14, Township 50 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Petition Number PL20200000114]. (This is a companion Item to #9B.) (District 1) B. This Item continued from May 24, 2022, BCC Meeting. An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and maps to change the Mixed Use District, Collier Boulevard Community Facility Subdistrict; to increase the maximum dwelling units from 306 to 690 with some affordable housing; to remove childcare facilities as an allowed use and allow the church to continue as an interim use for up to 5 years, and furthermore directing transmittal of the adoption amendment to the Florida Department of Economic Opportunity. The subject property is located at the northeast corner of the intersection of Collier Boulevard and Hacienda Lakes Parkway, formerly known as Lord’s Way, in Section 14, Township 50 South, Range 26 East, consisting of 69± acres. (This is a companion item to #9A) (Adoption Hearing) (District 1) 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to hear a summary report on the actions of the Florida Legislature regarding SB 2-D, relating to property insurance reforms aimed to alleviate rising property insurance costs, increase claim transparency, and to provide an assistance program to harden homes against storms. (Sponsored by Commissioner McDaniel) (All Districts) B. This Item to be heard no sooner than 1:00 P.M. Recommendation that the Board of County Commissioners hear presentations from candidates for the position of County Manager and provide any additional guidance. (All Districts) Page 5 June 14, 2022 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (“ITB”) No. 22-7950, to Quality Enterprises USA, Inc., in the amount of $1,170,674.75, and authorize the Chairman to sign the attached Agreement for the Pelican Bay Boulevard Sewer Replacement. (Sewer Capital Fund (414), (Project No. 70240) (Matthew McLean, Director Public Utilities Engineering) (District 2) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. Consent Agenda - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Randall at Orangetree (Application Number PL20210002196), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $5,402,069.86. (District 5) 2) Recommendation to approve final acceptance of the sewer facilities Page 6 June 14, 2022 and accept the conveyance of the sewer facilities for Cay Lagoon - Offsite Sewer Facilities PL20220000084. (District 2) 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities for City Gate Commerce Park Phase Three, PL20210002242. (District 3) 4) Recommendation to approve final acceptance of the potable water facilities and accept the conveyance of the potable water facilities for Collier County Sports Complex and Events Center, PL20210003080. (District 3) 5) Recommendation to approve final acceptance of the sewer facilities and accept the conveyance of the sewer facilities for Courthouse Shadows Utility Relocation, PL20210003230. (District 4) 6) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Esplanade by the Islands - Phase 1A (f/k/a Bella Tesoro Phase 1A), PL20200000092, and authorize the County Manager, or their designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 1) 7) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Isles of Collier Preserve Phase 15B, PL20220001206. (District 1) 8) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Manatee Cove Phase 3, PL20210001644. (District 1) 9) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water facilities for the Valencia Trails Recreation Site, PL20210002654. (District 3) Page 7 June 14, 2022 10) Recommendation to approve an agreement for the purchase of a perpetual non-exclusive drainage easement (Parcel 163DE) required for the replacement of an existing tidal interconnect culvert as part of the Goodland Drive Culvert Replacement Project No. 50238. Estimated Fiscal Impact: $10,350. (All Districts) 11) Recommendation to adopt a Resolution to hold a public hearing to consider vacating in all, or a portion of, the 30-foot and 60-foot Roadway, Right-of-Way and/or Ingress and Egress Easements as Recorded in Official Records Book 968, Page 975; Official Records Book 1795, Page 1917; Official Records Book 284, Page 633; Official Records Book 279, Page 284; Official Records Book 238, Page 398; Official Records Book 404, Page 997; and Official Records Book 416, Page 609 of the Public Records of Collier County, Florida, located in Sections 11 and 14, Township 50 South, Range 26 East, Collier County, Florida being more specifically shown in Exhibit “A,” and to accept Petitioner’s grant of an access easement to replace the vacated Roadway Easements. [VAC-PL20210002687] (District 1) 12) Recommendation to approve the release of a code enforcement lien with a value of $47,068.63 for payment of $618.63 in the code enforcement action entitled Board of County Commissioners v. Crispin Trujillo in Case No. CEOCC20190008179 relating to property located at 4825 Green Blvd, Collier County, Florida. (District 3) 13) Recommendation to approve the release of two code enforcement liens with a value of $88,518.56 for payment of $15,000 in the code enforcement actions entitled Board of County Commissioners v. Rose Marie Numa in Case Nos. CENA20190009868 and CEV20190010125 relating to property located at 2792 24th Ave. SE, Collier County, Florida. (District 5) 14) Recommendation to approve a Transportation Commitment Extension Request for the ROCKEDGE Residential Planned Unit Development (RPUD) to provide more time to fulfill the Transit Bus Stop Improvement Commitment. (District 1) 15) Recommendation to approve an extension for completion of required subdivision improvements associated with Royal Palm Golf Estates Replat #3 (AR-6774) subdivision pursuant to Section 10.02.05 C.2 of Page 8 June 14, 2022 the Collier County Land Development Code (LDC). (District 1) 16) Recommendation to award Invitation to Bid ("ITB") No. 22-7958, "Aquatic Vegetation Maintenance," to Airboat Addicts, Inc., and authorize the Chairman to sign the attached agreement. (Estimated annual spend of $350,000, Stormwater Operating Fund 103). (All Districts) 17) Recommendation to award Invitation to Bid ("ITB") No. 22-7962, "Corporate Flight Drive Vegetation Maintenance," to DeAngelo Contracting Services LLC, as the Primary Vendor, and EarthBalance Corporation, as the Secondary Vendor, and authorize the Chair to sign the attached agreements. (The anticipated annual spend is estimated at $34,580). (District 4) 18) Recommendation to approve a Work Order with Humiston & Moore Engineers to provide professional support services for the application preparation of a United States Army Corps of Engineers (USACE) permit for the South Marco Island Beach Restoration, under Contract No. 18-7432-CZ, for time and material not to exceed $34,132, authorize the Chairman to execute the Work Order, and make a finding that this item promotes tourism. (Fund 195, Project No. 90071) (All Districts) 19) Recommendation to approve a Resolution memorializing Amendment No. 7 to Contract No. ARX56, Financial Project #412666-1-88-01, State of Florida Department of Transportation (“FDOT”), State Highway Traffic Signal, Maintenance and Compensation Agreement, for maintenance of FDOT owned traffic signal systems to be maintained by Collier County Traffic Operations, which also grants authority to the Chief Engineer of Traffic Operations to sign off on ministerial annual updates concerning the Exhibit List to the Agreement. (All Districts) 20) Recommendation to recognize FY 2022/23 Transportation Disadvantaged Planning Grant funding in the amount of $27,954 to the Collier Metropolitan Planning Organization from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. (Growth Management Grant Fund 711) (All Districts) Page 9 June 14, 2022 21) Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) amending Exhibit A “Project Description and Responsibilities” removing in its entirety the Construction Engineering and Inspection (CEI) services for the replacement of existing Bridge #030138 on Immokalee Road (CR 846) related to Project #66066 - “Eleven Bridge Replacements east of SR29” and to execute a Resolution memorializing the Board’s action, Project #66066. (District 5) 22) This Item continued from the May 24, 2022, BCC Meeting. Recommendation to adopt a resolution approving and authorizing the execution of a Public Transit Grant Agreement (PTGA) between Collier County and the Florida Department of Transportation (FDOT) to accept Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities funds in the amount of $222,355, for the necessary improvements to bus stops in accordance with the Americans with Disabilities Act (ADA) in the rural service area and authorizing the necessary budget amendments. (Transit Grant Fund 424) (District 5) 23) Recommendation to approve and authorize the Chairman to sign Supplemental Agreement No. 01 for the State-Funded Grant Agreement (SFGA) with Florida Department of Transportation (FDOT) to receive reimbursement for Design and Construction for the widening of Airport Road from Vanderbilt Beach Road to Immokalee Road; to execute a Resolution memorializing the Board’s action; and to authorize the necessary budget amendments. (Project #60190) (District 1) 24) Recommendation to approve a Resolution and authorize the Chairman to execute upon arrival the State FY2022/23 Transportation Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged in the amount of $768,742, with a local match of $85,415, to assist with system operating expenses; and authorize the necessary budget amendments. (Transit Grant and Match Funds 428/429) (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY Page 10 June 14, 2022 C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the termination of a Revocable Temporary License acquired for a proposed Chloramine Booster Station at a cost not to exceed $27.70. (District 5) 2) Recommendation to approve Proposal No. 9855 under Agreement No. 19-7592, Building Automation Energy Management Services, from Juice Technologies, Inc., d/b/a Plug Smart, and authorize the issuance of a Purchase Order in the amount of $396,075.27, to replace the proprietary N2 Johnson Controls Metasys Building Automation System with new BACnet Reliable Controls at the Collier County Sheriff’s Office (“CCSO”) Jail (J3) building at the Collier County Government Center. (Sales Tax Fund (318), Project No. 50221) (District 4) 3) Recommendation to approve an amendment to a Contribution Agreement with City Gate Naples, LLC (“CGNU”), pertaining to the Uline Corporation regional distribution facility, by amending numbered paragraph four of the Agreement to reduce the County’s duty to reimburse CGNU for the construction of improvements on real property to be dedicated to the County, by providing a one-time reimbursement payment not to exceed $575,000, in lieu of a previously agreed upon Tax Increment Financing (“TIF”) credit, which is estimated to produce a net savings to the County of approximately $900,000, and approve necessary budget amendments. (District 3) 4) This item continued from the May 10, 2022, BCC Meeting Agenda. Recommendation to authorize the County Manager, or their designee to take whatever action is necessary so that the 6.38 acre “lake expansion parcel” (Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a the “Paradise Coast Sports Complex”) is conveyed to the City Gate Community Development District, as allowed by the Board approved Contribution Agreement. (District 3) 5) Recommendation to authorize a budget amendment in the County Wide Capital Project Fund (301) in the amount of $50,815.50 to fund grant compliance services for the grant agreement H0600 with the Page 11 June 14, 2022 Florida Division of Emergency Management (FDEM) (Project No. 33744). (All Districts) 6) Recommendation to approve a change order to Agreement No. 20- 7810, North County Water Reclamation Facility Return Mixed Liquor Pump System Improvements. (Fund 414, Project Number 70148) (District 2) 7) Recommendation to award Invitation to Bid (“ITB”) No. 22-7975, "Tower Packing Media Replacement for Water Treatment Plants", to Indusco Environmental Services, Inc., and DeLoach Industries, Inc., for the purchase of replacement degasification and odor control tower packing media at the North and South County Regional Water Treatment Plants on a primary/secondary per line-item basis. (District 3) 8) Recommendation to recognize and appropriate revenue to various Facilities Management Division cost centers in the amount of $81,885.41 for Fiscal Year 2022 and authorize all necessary Budget Amendments. (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Parks and Recreation staff to apply for designation of the Paradise Coast Blueway Paddling Trail through the Florida Office of Greenways and Trails. (All Districts) 2) Recommendation to authorize a Budget Amendment in the amount of $6,158.42 for program income under the U.S. Housing and Urban Development Community Development Block Grant Program from the Immokalee Airport. (Housing Grant Fund 705) (All Districts) 3) Recommendation to approve and authorize the Chairman to sign three (3) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the amount of $150,000; this transaction is a transfer of mortgage liability from Habitat for Humanity of Collier County, Inc., to the homeowners provided with home purchase assistance through the Construction Assistance Strategy. (SHIP Grant Page 12 June 14, 2022 Fund 791) (All Districts) 4) Recommendation to authorize a budget amendment to allow continuous operation of the State Housing Initiatives Partnership Program (SHIP) with an anticipated award in the amount of $3,678,139 for SFY 2022/2023 and to authorize an extension of SFY 2019/2020 funding from June 30, 2022, to December 31, 2022. (SHIP Grant Fund 791) (All Districts) 5) Recommendation to approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the amount of $25,085 and approve the associated budget amendment to appropriate repayment amount totaling $17,585. (SHIP Grant Fund 791) (All Districts) 6) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for the Community Care for the Elderly, Alzheimer’s Disease Initiative, and Home Care for the Elderly programs in the amount of $1,526,340; $28,802 in co-payment contributions and the estimated cash match of $30,000. (Fiscal Impact $1,585,142, Human Services Grant Fund 707) (All Districts) 7) Recommendation to approve and authorize the Chairman to sign one Release of Lien for full payment in the amount of $9,078.91 pursuant to the Agreement for Deferral of 100% of Collier County Impact Fees for the Owner-occupied Affordable Housing Dwellings. (All Districts) 8) Recommendation to authorize expenditures exceeding the $50,000 competitive threshold, under an Exemption from the Competitive Process, through fiscal year 2023 for Robert Half International, Inc., to provide temporary personnel services for Collier County Assistance Programs (CCAP) programs, American Rescue Plan, Local Fiscal Recovery Plan, and Department of Treasury, Emergency Rental Assistance Programs. (Housing Grant Fund 705, Community & Human Grant Support Fund 123) (All Districts) 9) Recommendation to provide “After-the-Fact” approval of the fourth amendment between Collier County and the Florida Department of State Division of Historical Resources for structural stabilization and rehabilitation of the historic Roberts Ranch home at the Immokalee Page 13 June 14, 2022 Pioneer Museum at Roberts Ranch. This amendment updates the Scope of Work and aligns the budget line items to accurately reflect work that was completed. (Public Service Grant Fund 709 and Match Fund 710) (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to award Invitation to Bid (“ITB”) No. 21-7917, “EMS Expendable Medical Supplies,” for the purchase of EMS expendable supplies and equipment to multiple vendors for the Emergency Medical Services Division. (All Districts) 2) Recommendation to approve a budget amendment to Fund 517, Group Health and Life Insurance, to fund health claims expenditures for the remainder of FY 22. (All Districts) 3) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) 4) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to award Request for Proposal (“RFP”) No. 22- 7956, “Professional State Lobbyist Services,” to Smith, Bryan & Myers, Inc., to represent Collier County at the State Capitol in Tallahassee and authorize the Chairman to sign the attached agreement. (All Districts) 2) Recommendation to authorize six (6) additional Full-Time Equivalent (FTE) positions as follows: three (3) Journeyman Tradesworkers in the Facilities Management Division, and three (3) Lifeguards in the Parks and Recreation Division due to an expanded customer and/or Program demand and authorize any necessary Budget Amendments. (All Districts) 3) Recommendation to adopt a Resolution repealing Resolution No. Page 14 June 14, 2022 2022- 48, established to enact an outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, as amended, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, because drought conditions no longer exist. (All Districts) 4) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. (All Districts) 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY21-22 Adopted Budget. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to approve Change Order #1 to Agreement No. 21- 7897, “Everglades Airpark Rehab Runway 15/33,” with Quality Enterprises USA, Inc., to increase the contract amount by $209,861.73, and approve all necessary budget amendments. (District 5) 2) Recommendation to authorize budget amendments to recognize revenue for Marco Island Executive Airport, in the amount of $1,475,000, and for Immokalee Regional Airport, in the amount of $170,000, to accommodate increased fuel purchases and associated operating expenses over budgeted levels. (District 1, District 5) H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to direct staff to review the County’s existing Naming Policy and return to the Board with a proposed Ordinance based on the existing policy. (All Districts) I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approves Sheriff Kevin Rambosk to be the official grant applicant and contact Page 15 June 14, 2022 person, or his designee, and to receive, expend the payment and make any necessary budget amendments of the FY 2021 of the State Criminal Alien Assistance Program (SCAAP) grant funds. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of June 8, 2022. (All Districts) 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between May 12, 2022, and June 1, 2022, pursuant to Florida Statute 136.06. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint a member to the Land Acquisition Advisory Committee. (All Districts) 2) Recommendation to appoint a member to the Animal Services Advisory Board. (All Districts) 3) Recommendation to appoint an alternate member to the Collier County Code Enforcement Board. (All Districts) 4) Request by the Housing Finance Authority of Collier County for approval of a resolution approving a plan of financing involving the issuance by the Authority of single-family mortgage revenue bonds in an amount not to exceed $50 million or, in the alternative, to use volume cap allocation for mortgage credit certificate programs or for multifamily housing for persons of low or moderate income. (All Districts) 5) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Kristen Jasinski v. Collier County Board of Commissioners, (Case No. 21-CA-851), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $5,000. (All Districts) Page 16 June 14, 2022 6) Recommendation to approve and authorize the County Attorney’s Office to file an Offer of Judgment (settlement offer) to Defendant Mammoth Constructors, LLC, in the lawsuit styled Collier County Board of County Commissioners v. Mammoth Constructors, LLC, (Case No. 2021-CA-000132-0001), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. (All Districts) 7) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Marsha Sharkey and Anthony Sharkey v. Collier County Board of Commissioners, (Case No. 21-CA-0072), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $44,000. (All Districts) 8) Recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, deny the appeal of the March 24, 2022, decision of the Hearing Examiner. (District 1) ------------------------------------------------------------------------------------------------------------ 17. Summary Agenda - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida, establishing the Hacienda North Community Development District located in unincorporated Collier County and containing approximately 197.82+/- acres; providing for the authority for ordinance; providing for the establishment of the boundaries for the Hacienda North Community Development District; providing for the designation of initial board members; providing for the district name; providing statutory provisions governing the district; providing for consent Page 17 June 14, 2022 to special powers; providing for petitioner’s commitments; providing for conflict and severability; providing for inclusion in the code of laws and ordinances; and providing an effective date. (District 1) B. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida, establishing the Terreno Community Development District located in unincorporated Collier County and containing approximately 325.767+/- acres; providing for the authority for ordinance; providing for the establishment of the boundaries for the Terreno Community Development District; providing for the designation of initial board members; providing for the district name; providing statutory provisions governing the district; providing for consent to special powers; providing for petitioner’s commitments; providing for conflict and severability; providing for inclusion in the code of laws and ordinances; and providing an effective date. (District 5) 18. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. June 14, 2022 Page 2 MS. PATTERSON: Chairman, you have a live mic. CHAIRMAN McDANIEL: Yes, yes, yes. Thank you. Good morning, everybody. Welcome. Happy to have you here. As is usually the case, we're going to start our meeting with a prayer and a pledge. And I'd like to introduce Pastor Tim Reed of Fairway Bible Church, if you would, please, Pastor. All rise. PASTOR REED: Do I do the Pledge, too? CHAIRMAN McDANIEL: Well -- you know what -- PASTOR REED: I'd love to. I just didn't know if I was supposed to. CHAIRMAN McDANIEL: Since you anointed yourself, proceed. PASTOR REED: All right. We'll pray, and then we'll pledge to the American flag. I just want to take a moment -- Ms. Taylor asked me to pray for Randy Kington, who is a true American hero. He had surgery yesterday at the Tampa VA Hospital, and he needs our prayers as he recovers for that, so... Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE- INVOCATION GIVEN BY PASTOR TIM REED OF FAIRWAY BIBLE CHURCH CHAIRMAN McDANIEL: Thank you for that. PASTOR REED: Heavenly Father, this morning we pause to come into your presence, God, to seek your direction, your wisdom, Father, your plan for our lives this day. And, God, we just ask your blessing upon this meeting, and I pray for these council members, June 14, 2022 Page 3 Dear God, that you would guide and direct their decisions and, Father, that you would fill them with power that comes from beyond themselves as they lead and guide and manage the development of our beautiful county. Lord, we just thank you of all the people on this planet that get to live here, that it's us, and we thank you for it. And, Lord, we just ask today that you would continue to guide and direct. And, Lord, we pray for our brother, Randy, as he is recovering in the VA hospital in Tampa, God, that you would bring him healing and health and that you would continue to use him for your kingdom and for your glory. Lord, we love you, and we just recognize our dependence upon you this day, and we ask this in the name of Jesus Christ, our savior. Amen. Let's pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: Thank you, Pastor. By the way, where is -- where is your church, Pastor? PASTOR REED: It's actually on the agenda. It's located on Collier Boulevard. CHAIRMAN McDANIEL: You know, there's a reason why elected officials ask questions because we already know the answer. So. PASTOR REED: Oh, okay. CHAIRMAN McDANIEL: Good morning. Thank you again. That was a very nice prayer and pledge. All right, ladies and gentlemen, let's go to Item No. 2. Item # 2A APPROVAL OF TODAY'S REGULAR, CONSENT, AND June 14, 2022 Page 4 SUMMARY AGENDA AS AMENDED. (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – MOTION BY COMMISSIONER TAYLOR; SECONDED BY COMMISSIONER LOCASTRO TO APPROVED AND/OR ADOPTED W/CHANGES - APPROVED MS. PATTERSON: Agenda changes for today, we have a few. First, move Item 16K8 to Item 8A. This is a recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, deny the appeal of the March 24th, 2022, decision of the Hearing Examiner. District 1, Commissioner LoCastro's request to pull this item as well as each of the other commissioners. Next item is to continue Item 16A16 to the June 28th, 2022, board meeting. This is a recommendation to award Invitation to Bid No. 22-7958, aquatic vegetation maintenance to Airboat Addicts, Inc., and authorize the Chairman to sign the attached agreement. This is being moved at staff's request. And, last, we have an add-on item, 10C. This is a recommendation to direct staff to bring back an amendment to Section 10.03.05 of the Land Development Code to reduce the notification requirement for variances within the Estates Zoning District from one mile to 1,000 feet and consider the future amendment an act of zoning in progress to be implemented upon Board direction. This is being placed on the agenda at Commissioner Saunders' request. A couple of notes: We have a time-certain for Item 10B of 1:00. This is the presentations from candidates for the position of county manager, and we have court reporter breaks set for 10:30 and 2:50. CHAIRMAN McDANIEL: And you're going to remind me about those, because I'm terrible -- June 14, 2022 Page 5 MS. PATTERSON: Of course. CHAIRMAN McDANIEL: -- about remembering those. Terri's too nice to say anything, and Commissioner LoCastro always reminds me, and that just (indicating). MS. PATTERSON: No problem. CHAIRMAN McDANIEL: With that we're going to start down here with Commissioner Solis. Good morning, sir. COMMISSIONER SOLIS: Good morning. CHAIRMAN McDANIEL: Do you have any agenda amendments and/or disclosures? COMMISSIONER SOLIS: No amendments to the agenda, and no disclosures on the consent. Thank you. CHAIRMAN McDANIEL: Absolutely. Commissioner LoCastro, good morning. COMMISSIONER LoCASTRO: Same for me; no changes, no disclosures on consent. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: No changes, no disclosures -- well, yes, I had a conversation with 16A1; very informal conversation with staff on 16A1. CHAIRMAN McDANIEL: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I don't have any disclosures. I do have one agenda issue. I talked to staff yesterday, I think, to Jamie French in particular. There's been a consent decree entered in reference to the property at the corner of Santa Barbara and Davis Boulevard where the cement is being piled up. That's in Commissioner LoCastro's district. I, obviously, couldn't say anything to Commissioner LoCastro about this, so I'm saying it now. I had a conversation with Mr. French. There is a consent decree from the South Florida Water Management District concerning that property because of their violations, and I'd like to June 14, 2022 Page 6 have a discussion about that issue sometime today. CHAIRMAN McDANIEL: Add that on, if you would, please. MS. PATTERSON: Absolutely. That will become Item 10D. CHAIRMAN McDANIEL: Assuming everybody's in consent with that. I didn't mean to dictate policy there. You okay with that? COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER SAUNDERS: And, again, I would have mentioned something to the commissioner, but that would have been a violation of the Sunshine Law. COMMISSIONER LoCASTRO: No, but I had the same -- Ms. Patterson and Mr. French had a similar conversation with me at our meeting yesterday, so I think, yeah. CHAIRMAN McDANIEL: We all talked about it with staff. I'm totally fine with that. Do you have anything else, adjustments or disclosures? COMMISSIONER SAUNDERS: No, sir. CHAIRMAN McDANIEL: Okay. And neither do I. So with that, I'll call for a motion for the acceptance of the agenda as amended. COMMISSIONER TAYLOR: So move. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded we accept 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.) June 14, 2022 Page 7 CHAIRMAN McDANIEL: So moved. Done. Proposed Agenda Changes Board of County Commissioners Meeting June 14, 2022 Move Item 16K8 to 8A: Recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, deny the appeal of the March 24, 2022, decision of the Hearing Examiner. (District 1) (Commissioner LoCastro’s, Commissioner McDaniel’s, Commissioner Taylor’s, Commissioner Saunders’, and Commissioner Solis’ separate requests) Continue Item 16A16 to the June 28, 2022, BCC Meeting: Recommendation to award Invitation to Bid ("ITB") No. 22‐7958, "Aquatic Vegetation Maintenance," to Airboat Addicts, Inc., and authorize the Chairman to sign the attached agreement. (Estimated annual spend of $350,000, Stormwater Operating Fund 103). (All Districts) (Staff’s Request) Add on Item 10C: Recommendation to direct staff to bring back an amendment to Section 10.03.05 of the Land Development Code (LDC) to reduce the notification requirement for variances within the Estates Zoning District from 1-mile to 1,000-feet and consider the future amendment an act of zoning in progress to be implemented upon board direction. (Commissioner Saunders’ request) Notes: Time Certain Items: Item 10B to be heard no sooner than 1:00 PM: Presentations from candidates for the position of County Manager. 7/1/2022 2:15 PM June 14, 2022 Page 8 Item #2B MAY 10, 2022, BCC MEETING MINUTES APPROVED AS PRESENTED – MOTION BY COMMISSIONER SOLIS; SECONDED BY COMMISSIONER SAUNDERS – APPROVED CHAIRMAN McDANIEL: Let's do our minutes of May 10th. COMMISSIONER SOLIS: Move to approve the minutes of May 10th. CHAIRMAN McDANIEL: Okay. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded we accept the minutes and approve the minutes as printed. 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. Boom. Okay. Now we go into the fun stuff. MS. PATTERSON: We're moving to Item 3D, Employee of the Month. CHAIRMAN McDANIEL: All right. Item #3D June 14, 2022 Page 9 EMPLOYEE OF THE MONTH RECOGNIZING JON HOOD IN THE WASTEWATER DIVISION AS THE JUNE 2022 EMPLOYEE OF THE MONTH MS. PATTERSON: Item 3D1 is a recommendation to recognize Jon Hood in the Wastewater Division as the May 2022 Employee of the Month. (Applause.) MS. PATTERSON: While Mr. Hood is up here, I'm going to read a little bit about him. Jon, being who he is, he decided to try and address a potential odor issue at a wastewater pump station in Fiddler's Creek before attending what he thought was his biannual performance review. Jon has developed a great relationship with multiple communities in the area of responsibility and maintains direct contact with them regarding odors. Jon knew he would likely receive a call, and he had not gotten ahead of the potential issue, and it would be out of character for him not to help his customers. He truly takes exceeding expectations to heart. Emission of odors from the wastewater collection system is a compliance issue per Florida Administrative Code. Jon and his counterparts take potential odor extremely seriously, and he made a sound decision in potentially being late to a scheduled meeting to ensure system compliance and minimize negative impacts to the quality of life of our residents. Just another reason why Jon was a great choice for May 2022 Employee of the Month. (Applause.)Applause.) CHAIRMAN McDANIEL: Thank you, Jon. Appreciate all you do. Okay. A couple proclamations. June 14, 2022 Page 10 Item #4A PROCLAMATION DESIGNATING JUNE 19, 2022, AS JUNETEENTH DAY IN COLLIER COUNTY - ADOPTED MS. PATTERSON: Moving on to proclamations, item 4A is a proclamation designating June 19th, 2022, as Juneteenth Day in Collier County. To be accepted by Vincent Keeys, Teniqua Smith, Irene Williams, Dr. Oliver Phipps, and Dr. John Newton. CHAIRMAN McDANIEL: There we are. (Applause.) CHAIRMAN McDANIEL: Outstanding. Do you want to say a few words, or are you good? MR. KEEYS: Sure. (Applause.) MR. KEEYS: Good morning, Mr. Chair and County Commissioners. It's good to be with you today in recognition of that proclamation for Juneteenth. We would like to invite all of the commissioners to come out on Saturday, June 18th, as well as all of our attendees here today. And so please, if you can make it, from 10:00 until 4:00 p.m., we would love to have you, so please come out. Thank you so very much for the proclamation this morning. CHAIRMAN McDANIEL: Where again? MR. KEEYS: It will be held in River Park at the River Park Community Center. CHAIRMAN McDANIEL: Okay. Would you send me an email on that just so I can post it up and get the information out -- MR. KEEYS: Gladly. CHAIRMAN McDANIEL: -- please, thank you. MR. KEEYS: It's our pleasure. June 14, 2022 Page 11 CHAIRMAN McDANIEL: Thank you. Okay. Item 4B PROCLAMATION RECOGNIZING PET PEOPLE AS RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM – ADOPTED MS. PATTERSON: Item 4B is a proclamation recognizing PetPeople as recipient of the Waste Reduction Awards program 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. To be accepted by Dawn Snyder and Amanda Plotts. (Applause.) CHAIRMAN McDANIEL: Thank you. Okay. MS. PATTERSON: Chair, could we get a motion to accept the proclamations. CHAIRMAN McDANIEL: I'd be pleased. I'll call for that. COMMISSIONER TAYLOR: So move. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the proclamations as presented. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. June 14, 2022 Page 12 (No response.) CHAIRMAN McDANIEL: So moved. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JUNE 2022 TO DRAGON HORSE AGENCY PRESENTED MS. PATTERSON: 5A is a presentation of the Collier County Business of the Month for June 2022 to Dragon Horse Agency. The award will be accepted by Julie W. Koester, co-founder and president, Dragon Horse Media, and Patrick Blake Renda, co-founder and chief strategy officer, Dragon Horse Media. Also present is Michael Dalby, president of the Greater Naples Chamber of Customers. (Applause.) MR. RENDA: Where did the photographer go? CHAIRMAN McDANIEL: Would you like to say a few words, please. MR. RENDA: Thank you so much for the recognition for our company, Dragon Horse. I want to say we're very proud to be in Naples. We started this company seven years ago, literally started it out of the kitchen for about a year and a half and have done everything to reinvest in the company and the community for the past seven years. We recently just announced an expansion which will create more jobs for our Naples office that we're very proud of. And we look forward to much greater growth in the years ahead and continuing to support the community through sponsorships, direct donations, and pro bono work that we've done over the last few years. June 14, 2022 Page 13 So thank you very much, everybody. Thank you. (Applause.) CHAIRMAN McDANIEL: I don't see our cameraman returning all that quickly. I think he's left the scene. So we have somebody -- you will make sure -- are you the lady that took the picture? UNIDENTIFIED SPEAKER: I am. CHAIRMAN McDANIEL: Will you make sure that we receive a proper copy so we can dutifully make sure -- okay. If you would email it to one of us, we'd be all right. COMMISSIONER TAYLOR: If we could, only because they are the Business of the Month and it's very important, and they are local and they are expanding, so I'm putting this all that under umbrella. Maybe if they have about five minutes, we could ask them to come back up when our photographer will come back, because I know he's coming back. CHAIRMAN McDANIEL: Is somebody hunting our photographer? COMMISSIONER TAYLOR: Yes, yes. CHAIRMAN McDANIEL: Because there are certain things you've just got to go. COMMISSIONER TAYLOR: He's here. MR. MULLINS: No, he's coming back. COMMISSIONER LoCASTRO: Maria just got a raise, right? We just bumped her up. CHAIRMAN McDANIEL: All right. Let's move on to 8A and take care of that item. COMMISSIONER TAYLOR: May I say it? CHAIRMAN McDANIEL: Do what? COMMISSIONER TAYLOR: Always leave it to a woman. They do a better job. June 14, 2022 Page 14 CHAIRMAN McDANIEL: Yeah, we're not going to go there, Commissioner Taylor. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA - DISCUSSED MS. PATTERSON: Commissioners, that actually brings us to Item 7, public comments on general topics not on the current or future agenda. CHAIRMAN McDANIEL: Forgive me, yes, we do. And how many do we have speakers today? MR. MILLER: Good morning, Mr. Chair. We have seven registered speakers for this item. Your first speaker is Scott Kiley. He will be followed by Richard Schroeder. CHAIRMAN McDANIEL: And as Scott's coming to the mic, I'm going to suggest to folks you have three minutes to make your presentation. There is a clock that is in front of you. These are items that are not on today's agenda and, typically, the Board does not engage with the public during these presentations. I've already spoken to Scott, so he's well aware of what's going on. I'm saying it for the edification of the folks that are here. MR. MILLER: And, Mr. Chair, if I might remind you, you will hear a beep at 30 seconds letting you know you've got 30 seconds left. MR. KILEY: Thank you. CHAIRMAN McDANIEL: All right. That little timer there in front of you, Scott, is your -- the one that's right there on your left, so there you go. MR. KILEY: Good morning, County Commissioners. My June 14, 2022 Page 15 name is Scott Kiley, and I'm a resident living in Marco Island. Recently, Pfizer requested that the FDA keep confidential for 75 years an estimated 450,000 pages of documents it relied on to license its COVID-19 vaccine. Thankfully, Federal Judge Mark Pittman ordered Pfizer to release all documents by October of 2022. I submit the judge's order for the public record. A non-for-profit found at DailyClout.IO -- I'll repeat that -- DailyClout.IO assembled 3,000 medical professionals to understand the Pfizer documents. I will submit 38 pages of these original Pfizer documents for the public record. These 38 pages contain horrific life-threatening adverse events and safety issues documented by Pfizer, shared with the FDA, and hid from the public. The last nine pages contain a list of approximately 1,000 adverse events. The knowledge that the vaccine didn't work, the harm and the death continues to be concealed from the public by mainstream media. Now they push to inject infants. Commissioners, I believe that you all want to protect the health and well-being of Collier County citizens. When you voice your support and/or opinion for business closures, social distancing, mask mandates, school closures, vaccine mandates, you, too, must share new information such as over 1,000 harmful life-threatening side effects. This is within your purview. When you read these Pfizer documents, I believe you would never receive or recommend it to any of your family members to receive any COVID injection. I make three requests. Use your position, influence, and platform to notify all Florida public health officials, as I have done, of these Pfizer documents containing nine pages of adverse events, inform hospital executives, pharmacies, and basically anyone giving the injections, provide these people with the nine pages of adverse events. Visibly post these -- visibly post these nine pages on the June 14, 2022 Page 16 county website using Pfizer's own heading "adverse events of special interest." Inform the public, please. Let's restore informed consent and let our citizens decide for themselves. Once informed, people can make their own decisions, and we can be confident we did not sit on life-threatening information that is vital to the health and well-being of Collier County citizens. Thank you. CHAIRMAN McDANIEL: Thank you, Scott. MR. MILLER: Your next speaker is -- CHAIRMAN McDANIEL: Stop. We're going to -- our photographer has returned. Excuse me. I'm going to -- Doc, if you would give me a second. Our photographer has came back. You're good, Scott. Submit those papers to our court reporter, please, if you would, and then we're going to take a picture of our Business of the Month and then go back to our public speakers. MR. RENDA: Sorry about that. COMMISSIONER TAYLOR: No, our apologies. CHAIRMAN McDANIEL: About what? It's not your fault. THE PHOTOGRAPHER: My apologies. MR. MILLER: Mr. Chairman, your next registered speaker is Richard Schroeder. He's been ceded additional time from Jon Maines. Can you raise your hand to indicate you're here? (Raises hand.) MR. MILLER: Thank you. Jay Kohlhagen? (Raises hand.) MR. MILLER: And Marcy Daveas -- (Raises hand.) MR. MILLER: There she is. Richard will have a total of 12 minutes and will be followed by June 14, 2022 Page 17 Beth Sherman. DR. SCHROEDER: I won't use 12 minutes. I just hate red lights. First, I'm going to call this a few medical highlights through the Pfizer data dump. First, I want to give you my impression of what it's like to read these actual documents, and I think Scott referred to those quite authoritatively, which represent -- these are post-authorization data on adverse events from the emergency-use injections that Pfizer shared with the Food and Drug Administration. To me they seemed deliberately designed to obfuscate, confuse but, most glaringly, minimize the injection-related complications that they were purported to be disclosing. For example, in the first 38 pages alone, which covered complications reported through February of 2021, the conclusion below the disclosure of case after case of serious adverse events in each of the medical categories reads, and I quote: This cumulative case review does not raise new safety issues. Surveillance will continue. Well, that's really not how I read it, and I'm going to give you some examples. So let's be polite and let the women and children go first. It seems that despite being instructed not to conceive after being injected, some 270 women became pregnant anyway and were, thus, included in the data. It, of course, baffles me as an obstetrician to understand how that could possibly happen. But, regardless, it's reported that 231 of these 270 patients' medical records were somehow lost by Pfizer, a very concerning issue in and of itself, and that of the 36 whose data Pfizer did report, 28 of the babies died. That's 28 babies out of 36 reported pregnancies that died after they received the injection, after the mothers received the injection. That alone should have put an end to consideration of injecting any women who are pregnant or at risk of pregnancy. June 14, 2022 Page 18 And add to that reports from Israel of a 38 percent increase in fetal deaths as well as an Australian report showing a 90 percent pregnancy loss by 21 weeks' gestation in women who were injected in the first trimester, and there can be no claim whatsoever that an MRA [sic] injection is safe for pregnant women. And, of course, one has to wonder if the unique experimental injection kills unborn babies, should we not think about what it will do if given to newborns and very young children as well? None of these products have been tested in appropriate clinical trials. They're emergency use. Now the children. Pfizer knew in May of 2021 that 35 young persons' hearts had been damaged by the EUA injections, and yet the FDA approved them for teens a month later anyway. Once heart muscle dies, it does not come back, so these kids are damaged for life. This correlates very highly with the data seen for the increase in sudden deaths seen around the world in young athletes since the injection campaign began. Worldwide data from a 35-year period before 2006 from something called the Lozaan's (phonetic) study showed a baseline rate of cardiac deaths in athletes to be about 2.5 per month. Since the MRNA injection rollout, which includes 2021 and 2022 year to date, there have been reported 673 sudden cardiac deaths in athletes, an average of 42 per month, which is a 14-fold increase over that baseline rate from the Lozaan's study I cited. This is a just impossible to ignore. And when we talk about the possibility of using mRNA-based vaccines in infant and children under the age of 12, the conversation begins to turn a bit ludicrous. Massachusetts' pre-release data revealed zero deaths, zero risk from disability from COVID-19 in their state, and they keep pretty good data in Massachusetts. They've got a dashboard. This was in their 5- to 11-year-old group. June 14, 2022 Page 19 And they went on to kindly calculate that one child would have to die of a complication to the shot for every 300 they injected. Nevertheless, it was approved for 5- to 11-year-olds by the FDA anyway. So stay tuned for the post-marketing data on children. It's not going to be good. On children less than five, emergency-use authorization release is expected within the next few days. These youngest children are at absolutely minimal risk from serious consequences of anything that they are being pretended to be protected against. Getting children less than five and infants aboard simply allows the pharmaceutical companies to include the COVID-19 shots in the free-from-liability-risk pantheon of regular vaccination schedules once the emergency-use authorization order expires. And rest assured, it will not be allowed to expire until they have accomplished this goal. So let's shift to grownups for a minute and let me give you some post-release data that should interest the adults in this room. Independent studies from the United States, France, and Turkey have now identified an aggressive type of Creutzfeldt-Jakob disease that suddenly and unexpectedly appeared very shortly after injection of the Pfizer, Moderna, and AstraZeneca products. You probably know this incurable and almost always fatal neurologic disease by another name, that of Mad Cow Disease or spongiform encephalopathy. It's called a prion disease because it creates a type of rogue protein. Prions occur naturally in the brain and are usually harmless, but if they become misshapen or folded on themselves, it creates a cascade of other affected prions that leads to brain tissue deterioration and deaths. One of the biggest tragedies of this apparent side effect is that the progression from onset of symptoms to death is extremely short, with the French study involving 26 patients showing a 100 percent June 14, 2022 Page 20 death rate within five months. So, on that happy note, let me close by quoting and commenting on Pfizer's summary and conclusion. Pfizer states, Pfizer will continue routine pharmacal vigilance activities on behalf of BioNTech according to the pharmacal vigilant agreement in place in order to assure patient safety and will inform the agency if an evaluation of the safety data yields significant new information for BNT162b2. That's their patent on mRNA injection. My comment is to point out that this feel-good term "pharmacal vigilance" refers to the agreement between Pfizer and the FDA that all reported complications be given to the FDA. But as I've pointed out, the FDA before, in this forum, actually, the FDA is no longer the guardian of American's health but a captured agency where at least eight former pharmaceutical executives, mostly from Pfizer, incidentally, are currently installed. So we all have to be very wary and informed in order to make correct decisions at the local level, and for -- and for all of you for Collier County that involve permission from the FDA regarding emergency-use authorization needs to be studied very carefully before recommending to the -- to the people of Collier County what the best advice is. Thank you. CHAIRMAN McDANIEL: Thank you, Doc. MR. MILLER: Your next speaker is Beth Sherman. She'll be followed by Greg Lynch. MS. SHERMAN: Good morning. My colleagues have put on the record the Pfizer data that has been released for the experimental COVID-19 injection. They have given written documentation and provided websites for the general public to go review. We have come to these chambers many times and spoken on informed consent or the lack thereof, yet you have chosen to do June 14, 2022 Page 21 nothing. You may think it is out of your purview or jurisdiction, yet the data is clear, crystal clear. There's absolutely no denying that these experimental shots are not safe. Now, I realize, even if you wanted to, you cannot stop its administration within your boundaries; however, you do have the responsibility to inform the citizens of this county of its dangers with the data provided by the manufacturer. I respectfully request on behalf of all the concerned citizens of Collier County that you make a public health statement via your social media and website, and I second the other places that Mr. Scott Kiley mentioned. We also request that every constituent that continues to be emailed the propaganda flyer entitled "Know the Facts, Get the Vax" sent out by Commissioner Taylor that I spoke out against eight months ago is sent the updated information on the injections with the real facts. Multiple things on your flyer, Ms. Taylor, are in that Pfizer data, and I have spoken on them before and provided you the data, and you continue to send it out. According to your own website, you have the, quote, responsibility of setting policy to protect the health, safety, welfare, and quality of life of our residents and visitors. Your website also says under its mission statement that your guiding principles -- it talks about your guiding principles and values. A few notable ones that I think are pertinent are honesty, integrity, knowledge, and to be self-correcting. If you can set a policy to force businesses to have their customers wear masks, then you can set a policy for businesses to provide informed consent with the manufacturer's data on safety when giving an experimental injection. Is that asking too much? Because I do not think that it is. How are you going to answers to God when he asks you what you did to protect your fellow man during this human experiment? You still have time to do the right June 14, 2022 Page 22 thing. It's not just morality; it's the law. No matter what the consequences for you in this lifetime on this, I can guarantee that they will be far less than anything that God has in store for you on the other end. With that said, I'd like to say a prayer for you. Heavenly Father, I ask for define intervention in this matter on behalf of your children. I ask for you to give these commissioners the strength to do the right thing, the courage to go against the grain, and provide informed consent to the citizens of Collier County. In the name of Jesus we pray. Amen. Thank you. MR. MILLER: Your next speaker is Greg Lynch. He'll be followed by Dan Cook. COMMISSIONER TAYLOR: Just a point of order. That is not my flyer. That is coming from the Health Department, and it's a service that I provided the citizens of Collier County as long as I've put out a newsletter. Thank you. CHAIRMAN McDANIEL: Yes, ma'am. I looked at you in case you wished to reply. When they call you out, I'll be more than happy to recognize you, so... COMMISSIONER TAYLOR: Thank you. MR. LYNCH: Hi. Good morning. My name's Greg Lynch, and I'm a long-time resident of Collier County, over 30 years, and registered voter. The purpose of my talk here today relates to 5G. 5G, for those that are not aware of it, is emerging frequencies that is related to basically everything that's been talked about prior to me here. The purpose of me coming here is educational. I have delivered -- I hand-delivered to the members of the Board a 35-page packet back on May 4th, and I've also had emails on May 31st, May 7th, and June 13th. Again, this is educational. I'm not here to yell and scream, but it's very important to know what's going on, June 14, 2022 Page 23 because all of this stuff is interrelated, and the end game is these beams coming down from up above, these beams that are coming from cell towers. I'm aware of a couple -- I'm a real estate appraiser, a commercial appraiser of shopping centers, warehouses, things of that nature. I won't go under the hood, but I've noticed some bad situations regarding health to humans. Here's the deal: The COVID-19 injections -- or we're just going to call it a vaccine -- it's not a vaccine because it does not prevent transmission, okay. So the government changed the definition of vaccine, but that's a little sidebar to 5G. I encourage you to go to a certain website. I think that you-all have it in the materials that I've provided. For the record, it's called timetofreeAmerica.com/revelation. Again, I'll repeat that. Time, t-i-m-e, to, t-o, free America.com/revelation. I've got 30 seconds left? CHAIRMAN McDANIEL: That's correct. MR. LYNCH: Okay, gentlemen. General Michael Flynn, you may know him, had insisted on putting together parts of this timeline that is at this web page. The web page has a timeline from 2010 to today. It summarizes all the patents regarding 5G that are very, very nefarious. CHAIRMAN McDANIEL: Thank you, Greg. MR. LYNCH: Thank you for your call -- your time. CHAIRMAN McDANIEL: Yes. MR. MILLER: Your final speaker under public comment is Dan Cook. MR. COOK: Good morning, Chair. Good morning, Board. CHAIRMAN McDANIEL: I think you owe me a phone call, don't you? MR. COOK: I think I do. June 14, 2022 Page 24 The checks and balances of the Constitution of the United States of America are not just limited to the three branches of government: The legislative, executive, and judicial. I believe the checks and balance is to make sure the government does not grow too big or too powerful, extend the state's rights in Article VI, amending the Constitution in Article V, and the oath of office clause in Article XI. Additionally, the Bill of Rights protects [sic] protections for we the people, but only if we know how to exercise those rights. So on behalf of 131 Florida citizens in Collier County, 21 in Lee County, three in Palm Beach, two in Broward, two in Orange County, one each from Dade, Sarasota, Glades, DeSoto, and Manatee County, plus one gentleman from New York, I'd like to submit this petition to the Florida legislature to restore gold- and silver-backed currency. I'd like to go ahead read this into the record. So, whereas, Article I, Section 10, Clause 1 of the Constitution for the United States of America states in part that no states shall make anything but gold and silver, a coin, in tender for payment of debts. Whereas, the devaluation of the U.S. dollar through inflation and through the removal of the U.S. dollar as the world's reserve currency by several other nations poses a threat to the American people and the American economy. The undersigned here are opposed to the great reset promoted by Klaus Schwab and the World Economic Forum and are against a digital dollar or digital currency that is not backed by gold or silver; So, whereas, the American people seek the restoration of a gold- and silver-backed constitutional currency operating out of the U.S. Treasury and not a private central bank, we the people formally petition our state legislators, Bob Rommell, Lauren Melo, David Borrero, and Senator Kathleen Passidomo, to pass a resolution calling on the U.S. Congress to reject a digital dollar, to abolish the Federal Reserve private banking system, and to return the authority to coin June 14, 2022 Page 25 money to the U.S. Treasury, and implement a gold- and silver-backed U.S. dollar immediately. It's my belief that a lot of the inflation that we are experiencing and feeling right now is due to our monetary policy, so I'm submitting this petition to our legislators to start this conversation about how do we get back to a gold- and silver-backed currency, which I think is one of the solutions. And with my remaining 40 seconds, we've also got a petition to Governor Ron DeSantis to send the Florida State Guard to help secure our southern border. Whereas, Article II, Section 3, Clause 4 of the Constitution states that the President shall take care that the laws be faithfully executed; Whereas, Article IV, Section 4 of the Constitution states the United States shall guarantee to every state in this union a Republican form of government and shall protect each of them against invasion; Whereas, the actions of the Biden Administration have resulted in an un-secure southern border by failing to faithfully execute the laws of the Constitution. Therefore, we the people lawfully and formally petition the Florida governor, Ron DeSantis, to exercise our rights under the Constitution, the Bill of Rights, and the spirit of the Declaration of Independence to commit Florida State Guard to stop the invasion of illegal immigration. Thank you. CHAIRMAN McDANIEL: Thank you. MR. MILLER: That's it. CHAIRMAN McDANIEL: With that -- MR. MILLER: You're done. CHAIRMAN McDANIEL: -- we are done. Now we can go on to Item 8A, I believe. Unless you -- do you have anything else you want to say? June 14, 2022 Page 26 COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: Okay. Item #8A RESOLUTION OF DENIAL 2022-107: THE BOARD OF COUNTY COMMISSIONERS, SITTING AS THE BOARD OF ZONING APPEALS, DENY THE APPEAL OF THE MARCH 24, 2022, DECISION OF THE HEARING EXAMINER MOTION BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER SOLIS TO APPROVE THE HEARING EXAMINER’S REPORT AS INDICATED BY THE EXECUTIVE SUMMARY AND TO DENY THE APPEAL – APPROVED MS. PATTERSON: Item 8A, formerly 16K8, is a recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, deny the appeal of the March 24th, 2022, decision of the Hearing Examiner. Staff is here to answer questions, and I believe the applicant is here as well. CHAIRMAN McDANIEL: Right. Who wants to go first? Staff or you? Yes, let's have staff go first, and then we'll have the applicant speak. MR. KLATZKOW: Well, let me give -- let me just give a brief background to this, if I might. CHAIRMAN McDANIEL: Yes. MR. KLATZKOW: We had a hearing before the Hearing Examiner, the HEX officer, Andrew Dixon [sic], and the core of it was a comparable-use determination, whether or not a car wash was a comparable use within the PUD. The PUD, however, did not specifically provide for a comparable-use determination, which is one of the issues on appeal. June 14, 2022 Page 27 During the HEX proceedings, a rival car wash, I believe he's within a mile down the road, raised objections to the process primarily based on economic concerns. The attorney for the car wash took the position that the HEX did have the ability to hear the comparable-use determination. The HEX went through the materials, had the hearing, and then ruled in favor of the applicant. An appeal was filed by a new set of attorneys who brought up different issues than what was heard during the HEX. It came to my office. I reviewed it. I gave it separately to two other assistant county attorneys for their independent review, and three of us came up with the same conclusion that the applicant did not have standing to bring the suit nor did any of the issues rise to an appealable issue. By "standing," I mean that, typically speaking, only parties to a proceeding can appeal an adverse decision. The parties here would have been the applicant or the county. In land use matters, there's a small group of people who have special interest who may bring an appeal. It is our view that this does not fall within the scope of the present applicant. This is simply one competitor trying to keep another competitor out of business, which we believe is a matter of law. It does not give them the ability to appeal a decision. It is my belief that whatever decision you would make today, should you decide to hear this thing, is going to be appealed anyway. But this is essentially a private dispute between two private enterprises best resolved by the courts. CHAIRMAN McDANIEL: And on that note, you brought up a -- you brought up a subject I'd like to talk with my colleagues about. Personally, I don't want to hear this today. I was asked to bring it up off the consent agenda by the applicant. I would consider us to maybe -- if we choose to hear it, that we should note -- because June 14, 2022 Page 28 it was on our consent agenda, and it's then been brought up for discussion. I would rather we continue this item, actually have an actual formal hearing on it with all parties to present and hear, again, from our County Attorney with regard to his opinion. That would be my preference as to how we move forward. The removal out of the consent agenda is a notification that we are recommending denial of the Hearing Examiner's opinion, and I'm not prepared today to make that recommendation. I haven't reviewed nor heard nor sought all of the information available. So I'd like to hear -- and I've got a couple of you lit -- actually, both my lawyers are lit up. So, Commissioner Saunders. COMMISSIONER SAUNDERS: First of all, I didn't ask this to be withdrawn from the consent agenda because I disagreed with the staff recommendation or the HEX conclusion. I thought that we needed to discuss a couple items. The County Attorney's gone through the issue of standing and, I think, did a nice job explaining that, and I don't disagree with that. Generally speaking, that would be the end of the story. If somebody doesn't have standing, they can't be here today to talk about a matter that they don't have standing to discuss; however, I am curious, and this is the reason why I was willing to pull this off the agenda. In the comparable-use determination, the PUD does not have any language in there dealing with comparable-use determinations. Just as a matter of policy, do we apply that type of comparison in matters where the PUD does not have specific language authorizing that? MR. KLATZKOW: What I've been advised by staff, and Mr. Bosi can correct me if I'm wrong -- is that staff has historically taken the position they can use comparable use within PUDs that do not specially have a comparable-use provision. COMMISSIONER SAUNDERS: If Mr. Bosi will confirm that, that helps me. And second question for Mr. Bosi is, what use in the June 14, 2022 Page 29 PUD was considered comparable to the car wash? CHAIRMAN McDANIEL: To make the determination? COMMISSIONER SAUNDERS: Correct. MR. BOSI: Good morning. Mike Bosi, Planning and Zoning director. Staff has taken that position that within a PUD, even though they do not have the specific language of a comparable use as determined by the County Manager or designee or the BZA, on the screen, I point you to a correspondence. This was before I rejoined the county. But it was specifically related to the Sabal Bay comparable-use determination that was approved by the Hearing Examiner eventually. And it's from -- it's from Ray Bellows to Derek Perry -- Derek Perry, an assistant County Attorney -- in asking about the question of does the PUD need to have that comparable-use language? And it says, based upon the discussion with Anita and Laura today, I can confirm that the LDC Section 10.02.06, which is K, which is the comparable-use section, has been interpreted to allow for the CUD process as a comparable-use determination process to apply to all PUDs' ordinances regardless of the list of permitted-use language. As you know, the LDC was specifically amended to add specific review standards to determine whether the use is comparable in nature with the list of permitted uses. And I would remind the Board of County Commissioners, after the food truck hearing, there was a directive from the Board to modify the comparable-use determination when you have a straight zoning category to make that a specific -- a conditional use so it's only applicable to that parcel of land. But the Board did provide clarifications. They said, for PUDs, continue utilizing the comparable-use determination as the appropriate way to add uses, because it's localized only to that specific PUD. So that further June 14, 2022 Page 30 enhances. That is going to be coming to the Planning Commission and the Board of County Commissioners, that LDC amendment, that's going to provide for clarification that the -- an individual PUD does not have to have that specific language. And in the Artessa PUD, there are -- it allows department stores; it allows car -- or it allows gas stations; it allows gas stations with car washes. And the way that you go about doing a comparable-use determination, you look at the range of uses that are within a PUD. CHAIRMAN McDANIEL: One second. Can I interrupt you? MR. BOSI: Yeah. CHAIRMAN McDANIEL: I think we're all quite familiar with how we actually discern a comparable use. Did I hear you say that the current PUD allows for gas stations with a car wash? MR. BOSI: Correct. So this request was for a stand-alone gas station [sic]. So comparing the -- CHAIRMAN McDANIEL: Stand-alone car wash. MR. BOSI: I'm sorry. So comparing a stand-alone car wash in terms of trip generation compared to a department store, it's pretty clear that the department store is much more intense than a stand-alone car wash. A gas station with a car wash compared to a stand-alone car wash, the gas station with a car wash will generate more traffic. That's basically the essence of what -- that comparable-use determination. And as stated, the objections from the competing car wash was not about -- was not about it lacked the merits or substance of the issue, that it didn't meet the comparable-use determination criteria; it was about competition, and that is not what our zoning regulations were intended for in that regard. So any other questions that the Board may have? CHAIRMAN McDANIEL: Commissioner Saunders. June 14, 2022 Page 31 COMMISSIONER SAUNDERS: Mr. Chairman, that answers all the questions I had. I'm -- I know we have the petitioner or the objector here, their attorney. I met with Mr. Lombardo yesterday for quite some time to talk about this, and I know he's well prepared. He's provided us some very substantial information concerning this. But I'm prepared to go ahead and agree with the HEX based on two things: One is the issue raised by the attorney that there is no standing, which means we can't hear this anyway if there's no standing. I think the real issue is do we agree with that -- if there is no standing, then that's the end of the story. But I'm also just curious about this comparable-use determination. I wanted to make sure that we were on solid ground on that issue even if there was no standing. So I think the issue that we can take up immediately is do we agree that there's no standing. And if we agree there's no standing, then the motion would be to accept the staff report and the HEX Examiner's report. So I guess I would poll the Board as to do you agree that there's no standing? In which case, we move forward. We move on. CHAIRMAN McDANIEL: Do you want to do that before we hear from the -- COMMISSIONER SAUNDERS: Yeah. COMMISSIONER TAYLOR: Commissioner Solis. CHAIRMAN McDANIEL: I understand he's down there. I got it. COMMISSIONER SAUNDERS: Yeah, I think that's a legal issue. CHAIRMAN McDANIEL: I'm just asking the question. COMMISSIONER SAUNDERS: I think that's a legal issue, and I would make the motion that we proceed -- we accept the HEX Examiner's report as indicated by the executive summary that was on consent agenda based on the attorney's position that there is no June 14, 2022 Page 32 standing. COMMISSIONER SOLIS: And I would second that. CHAIRMAN McDANIEL: All right. It's been moved and seconded. And as a matter of discussion, Commissioner Solis, you were lit up with comments. COMMISSIONER SOLIS: Commissioner Saunders very eloquently, I think, addressed all the issues. The threshold issue is whether or not there's standing, and I agree with the County Attorney's analysis of it; there is no standing. So I seconded the motion on that basis. CHAIRMAN McDANIEL: Gotcha. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I asked to have it pulled off the consent agenda much for the same reasons I think maybe all you did as well, or maybe not. I mean, my reasoning was I wanted to get some of these discussions on the record and also give us a chance to, you know, speak in public. And I had a long discussion with Mr. Klatzkow yesterday. I spoke with Mr. Lombardo on Friday for quite some time, and Mr. Bosi gave me a very thorough presentation in my office yesterday, much like I'm sure he did, you know, for all of you. I guess the question I have is with the counsel here from the applicant, does it really cost us anything to hear from the applicant at the microphone, or does that open up a whole bag of worms by having them take the mic? And I think I know the answer to that, but I just want to hear what my colleagues -- COMMISSIONER SAUNDERS: I have no problem with hearing from Mr. Lombardo on the standing issue and -- CHAIRMAN McDANIEL: Well, the standing, and then I have a question with regard to jurisdiction, too. There were some discussions with regard to the jurisdiction with regard to the process. That's my question. June 14, 2022 Page 33 MR. KLATZKOW: Yes. They're arguing that the Hearing Examiner did not have subject-matter jurisdiction because the PUD did not have the provision that you could use a comparative-use determination. CHAIRMAN McDANIEL: Right. COMMISSIONER LoCASTRO: I mean, I would just contend that I would support hearing from Mr. Lombardo not just because of this particular issue, but these things are going to come up again, so this is a good education for all of us. I don't want to open up a bag of worms or, you know, go down a rabbit trail and, you know, we're talking about this for the next two hours. But if having him here and giving him, you know, whatever the time he's allowed at the microphone might help us sort of understand both sides of the issue -- I don't know that it's going to necessarily sway our vote, because I also agreed, after hearing from the staff, that the right processes and procedures were followed. But it did beg a few questions, and I think that's why we all sort of pulled it off. CHAIRMAN McDANIEL: Okay. Do you want to hear from him? COMMISSIONER SAUNDERS: Sure, absolutely. CHAIRMAN McDANIEL: Mr. Lombardo, please. MR. LOMBARDO: Thank you very much. Zach Lombardo, for the record, on behalf of the appellants. I'm going to start -- well, I guess I will only address standing. The case cited by County Attorney's Office is the Florida Supreme Court's decision in the Albertson's case, and I think to help understand why we have standing is looking at the preceding Albertson's case. So Albertson gets in two legal battles in the '70s about siting locations. One is about a pharmacy, and one is about a liquor store. In the pharmacy case where they found there was no standing, at the land-use hearing, Albertson's tied its arguments to June 14, 2022 Page 34 traffic impacts, competition, "you can't put a CVS across from my Walgreen" style argument, and the Second District Court of Appeal rightly said, that's right, no standing. In the liquor store case, however, this goes up to the Supreme Court. This is the case cited in the executive summary. The determination was that because the liquor stores are heavily regulated and have locational requirements, a land-use decision does give standing to other liquor store owners because it precludes them, which, of course, your reaction would be, but this is not a liquor store, and we don't regulate how many car washes are in Collier County. That's true, but what is the case here is that the land-use regulations of the Artessa PUD made it so that you could not put a car wash -- a stand-alone car wash in that PUD. The Hearing Examiner -- the applicants in the appeal, the appellants, put on the record that they had considered that site as a car wash, chose not to buy that site because you couldn't put a car wash there under the code, and then purchased a site down the road on 951 within a mile at a premium, because they knew they could build a car wash there, and they knew that there couldn't be a car wash at Artessa without a rezone. And instead of following the rules -- and I take issue with the representation from staff, because there's a staff report that was in my appeal from January where the exact opposite statement is made, where staff says, Planned Unit Developments, only when Planned Unit Developments contain specific provisions respective to the ordinance. So I see that there's an email from Mr. Perry, but there's a staff report to you-all from January of '22 proposing an amendment to the comparable-use process that is completely at odds with that statement. And so the standing here is that we -- it's not, hey, you're June 14, 2022 Page 35 increasing traffic, hey, you're taking my customers. It's, hey, you're not requiring them to follow the code. You're allowing them to do a rezone in front of the Hearing Examiner, which is not possible, and it's a subject-matter jurisdiction issue. So I think we do have standing because we fall more in the Albertson's liquor store analysis than the Albertson's pharmacy analysis. CHAIRMAN McDANIEL: And there's a question from Commissioner Taylor. COMMISSIONER TAYLOR: And who authored that staff report? MR. LOMBARDO: There is no -- I can put it on the document thing here. There's no author on it. CHAIRMAN McDANIEL: It's called a visualizer. MR. LOMBARDO: The visualizer. CHAIRMAN McDANIEL: Fancy name for a "document thing." COMMISSIONER TAYLOR: That's an old-fashioned name. MR. LOMBARDO: Sorry, the visualizer. COMMISSIONER TAYLOR: You've got to turn it on. MR. MILLER: No, no. I've got it. It's fine. CHAIRMAN McDANIEL: Don't push any buttons. Troy's got control. MR. LOMBARDO: So this is the staff report that's accompanying the Land Development Code change that's currently pending about comparable uses as a result of the food truck decision. The second paragraph here, it's describing when the CUDs can currently be used, and this is in direct contradiction to what was just told to you. Then if I may turn to the second page. This is what the recommended go-forward basis is, which essentially is, you'll be able June 14, 2022 Page 36 to do the conditional-use style approval where it's not specified, but then in PUDs going forward where they say you can do this, you will do a comparable use in front of the Hearing Examiner. So what I'm confused about is, does this -- is this wrong then? CHAIRMAN McDANIEL: Do you want to go first, or do you want to hear from Mr. Bosi? COMMISSIONER SOLIS: I just wanted to say that the issue -- I still don't think that the argument's that's being made goes to the standing issue. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: Right? I mean, that's an issue as to how the conditional-use process would apply to this PUD, but that doesn't address whether or not a landowner down the road outside of the PUD has standing. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: So we're still -- CHAIRMAN McDANIEL: We're still on this standing. COMMISSIONER SOLIS: The hurdle's still there, and they haven't gotten over. CHAIRMAN McDANIEL: We're still on the standing issue, not the jurisdictional side, yes. Mr. Bosi. MR. BOSI: Thank you, Chair. I just wanted to provide a clarification. And I know it wasn't intentional. That's not an executive summary. That was the writeup to the amendment that I had discussed earlier that was coming eventually before you. That was authored to the DSAC subcommittee. That's the first step in the amendment process. After the DSAC subcommittee, the amendment will go to the full DSAC, and then from that it will go to the Planning Commission and then, ultimately, it will be presented within an executive summary to June 14, 2022 Page 37 the Board of County Commissioners. I just wanted to provide that clarification. CHAIRMAN McDANIEL: Any other questions? (No response) CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we deny the applicant's request for appeal in this particular instance and overriding the Hearing Examiner's opinion based upon standing. COMMISSIONER LoCASTRO: Can I just make one short comment before we -- CHAIRMAN McDANIEL: Sure. COMMISSIONER LoCASTRO: And this doesn't kill it much, regardless of how we vote. I mean, much like the food truck park issue, that applicant had, then, the right to move forward. I mean, Mr. Klatzkow and I had a long discussion about this yesterday about, you know, we're not just here being Ogres shutting it down. I mean, as counsel, then you have the opportunity, correct me if I'm wrong, to move forward in a different lane to challenge it if you think our decision here isn't correct, much like we told the food truck applicant. So I'm correct there, right? This isn't the last step, and we're making some final decision? MR. KLATZKOW: Correct. This is the exhaustion of their administrative remedies to allow them to go to court. CHAIRMAN McDANIEL: It's been moved and seconded that we deny the appeal. Any other discussion? (No response) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. June 14, 2022 Page 38 COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #9A ORDINANCE 2022-23: AN ORDINANCE AMENDING ORDINANCE NUMBER 08-41, THE FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS MPUD, AS AMENDED, TO CHANGE THE NAME OF THE MPUD TO COLLIER BOULEVARD LORD’S WAY MPUD; TO REMOVE THE DAYCARE USE AND ALLOW THE CHURCH USE AS AN INTERIM USE FOR UP TO 5 YEARS; TO INCREASE THE NUMBER OF DWELLING UNITS FROM 306 UNITS TO 690 UNITS WITH 76 AFFORDABLE HOUSING UNITS; AND TO REALLOCATE THE USES, REVISE THE DEVELOPMENT STANDARDS AND THE PUD MASTER PLAN FOR THE PUD PROPERTY CONSISTING OF 69± ACRES LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF COLLIER BLVD. (C.R. 951) AND HACIENDA LAKES PARKWAY, FORMERLY LORD’S WAY, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE – MOTION BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL TO APPROVE W/STIPULATIONS – ADOPTED Item #9B ORDINANCE 2022-24: AN ORDINANCE OF THE BOARD OF June 14, 2022 Page 39 COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAPS TO CHANGE THE MIXED USE DISTRICT, COLLIER BOULEVARD COMMUNITY FACILITY SUBDISTRICT; TO INCREASE THE MAXIMUM DWELLING UNITS FROM 306 TO 690 WITH SOME AFFORDABLE HOUSING; TO REMOVE CHILDCARE FACILITIES AS AN ALLOWED USE AND ALLOW THE CHURCH TO CONTINUE AS AN INTERIM USE FOR UP TO 5 YEARS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND HACIENDA LAKES PARKWAY, FORMERLY KNOWN AS LORD’S WAY, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 69± ACRES - MOTION BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL TO APPROVE W/STIPULATIONS – ADOPTED 5/0 MS. PATTERSON: Items 9A and 9B are companion items that were continued from the May 24th, 2022, BCC meeting. Each require that ex parte disclosure be provided by the commission members and that the participants be sworn in. I'll read both of them in, and then we can do the swearing in. Item 9A is a recommendation to approve an ordinance amending the First Assembly Ministries Education Rehabilitation Campus MPUD as amended to change the name of the MPUD to Collier Boulevard Lords Way MPUD, to remove the daycare use, and allow June 14, 2022 Page 40 the church use as an interim use for up to five years, to increase the number of dwelling units from 306 to 690 units with 76 affordable housing units for the PUD property consisting of 69 plus-or-minus acres located on the northeast corner of the intersection of Collier Boulevard and Hacienda Lakes Parkway. Item 9B is an ordinance of the Board of County Commissioners amending the Collier County Growth Management Plan, specifically amending the Future Land Use Elements and maps to change the Collier Boulevard community facility subdistrict to increase the maximum dwelling units from 306 to 690 with some affordable housing, to remove childcare facilities as an allowed use, and allow the church to continue as an interim use for up to five years and, furthermore, directing transmittal of the adoption amendment to the Florida Department of Economic Opportunity. The subject property, again, located at the northeast corner of the intersection of Collier Boulevard and Hacienda Lakes Parkway. Mr. Bosi will present, along with the applicants for the project, and all need to be sworn in. CHAIRMAN McDANIEL: With that, we're going to do the swearing in first and then our disclosures, and then we'll go on. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN McDANIEL: And disclosures, Commissioner Solis. COMMISSIONER SOLIS: Yes. I've had conversations with Mr. Yovanovich about this application. CHAIRMAN McDANIEL: Mr. LoCastro. COMMISSIONER LoCASTRO: I've had meetings, emails, and phone calls. CHAIRMAN McDANIEL: I bet you have. Commissioner Taylor. COMMISSIONER TAYLOR: I've had meetings, June 14, 2022 Page 41 correspondence, and phone calls. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: The same here; I've had meetings and correspondence and emails concerning the project. CHAIRMAN McDANIEL: And I as well, just meetings and correspondence. So with that, good morning, sir. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich. Historically when something's been on the summary agenda, I've offered you the opportunity to avoid a full presentation and just ask the person who pulled the item if we can just address those concerns. I'm happy to either do a full presentation of the petition, or we can talk to Commissioner Taylor, who I believe was the person who pulled it, and try to address her concerns. It's up to the pleasure of the Board, whatever you prefer. CHAIRMAN McDANIEL: What do you prefer? COMMISSIONER TAYLOR: I'm fine. We -- you know, we've heard a presentation, so I think -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: And my concerns, of course. So it's the -- CHAIRMAN McDANIEL: So we don't need to have a full presentation is what I'm hearing from Commissioner Taylor. COMMISSIONER TAYLOR: Okay. Good. So do you want to -- MR. YOVANOVICH: Sure. COMMISSIONER TAYLOR: We've talked. You and I have talked. It's the -- what I consider not -- let me phrase it this way: You've done everything that staff has asked you to do. MR. YOVANOVICH: And the Board. June 14, 2022 Page 42 COMMISSIONER TAYLOR: And the Board, as directed by the Board. But given the crisis that we're in for affordable housing, it came very clear to me that when you're doubling the density and you only have 70-some-odd affordable housing income-based housing, it wasn't enough. In our conversation, you said that you would be presenting some numbers of what the actual accurate affordable income-based housing is in the whole 690 units. MR. YOVANOVICH: Right. COMMISSIONER TAYLOR: I would like that number. MR. YOVANOVICH: The overall -- the request, just for the public, was when we went to the transmittal hearing for the Growth Management Plan amendment, we initially asked for a 10 percent income restriction. The Board directed us to work harder and get to a 20 percent income restriction, which we got to the 20 percent income restriction, brought back the Growth Management Plan and the PUD with that 20 percent income restriction, went to the Planning Commission, unanimous recommendation of approval. To the credit of Naples Lakes Country Club, who's in the vicinity of several projects, they've actually spoken at several of the hearings regarding increasing the density in this corridor and recognized the need to have more income-restricted housing, because they benefit from it as well as the community. So you can see there's no objectors from the community here for the proposed increase in density. So, overall, as you remember, this PUD is an older PUD. It had -- it has an existing apartment complex in it. That existing apartment complex had a requirement that 147 of those units be set aside and offered to essential service personnel, and it further had as 60 percent of those -- I'm sorry. It had 60 units of the original units income restricted as well. So a total of 136 of the 690 total units have an income restriction, which is 19.7 percent. June 14, 2022 Page 43 So I guess the existing project had slightly less than 20 percent requirement. We've met what you've asked us to do, which is the 20 percent income restriction for this. Overall, the PUD is close to an overall 20 percent, recognizing that that's an older PUD with a much higher requirement, 147 of those units, to be set aside for essential service personnel. So I think that this project has -- is furthering your goal of providing more income-restricted housing not only in Collier County but in an area where there still is vacant land to do that. And the Planning Commission agreed with that, and staff agreed with that, and we're hopeful that the Board of County Commissioners would agree with that. But those are the statistics for the entire PUD. CHAIRMAN McDANIEL: Did he answer your question? COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: Okay. My interpretation of the question was what delineation of housing affordability on a percentage basis is the project providing? MR. YOVANOVICH: For the entirety -- CHAIRMAN McDANIEL: Yes. MR. YOVANOVICH: -- is 19.7 percent. CHAIRMAN McDANIEL: Twenty percent. But at what -- and maybe I'm not asking the question correctly. COMMISSIONER TAYLOR: The number? CHAIRMAN McDANIEL: Yeah. I want to know -- I mean, you already said that there's -- MR. YOVANOVICH: How many numbers? CHAIRMAN McDANIEL: What are the percentages? Is it 80 percent of AMI up to 120? MR. YOVANOVICH: Okay. I'm sorry. CHAIRMAN McDANIEL: That's what I'm looking for. MR. YOVANOVICH: There's -- in the current 20 percent that June 14, 2022 Page 44 we're going forward with, it's 120 and below. CHAIRMAN McDANIEL: Hundred and 20 and below? MR. YOVANOVICH: Yes. That's the current. CHAIRMAN McDANIEL: And is there a restriction on the time frame for that holding for -- MR. YOVANOVICH: Forever. CHAIRMAN McDANIEL: -- availability? Forever. MR. YOVANOVICH: Well, 30 years. Let me rephrase that. For the rest of my life, 30 years. CHAIRMAN McDANIEL: I understand the 30-year hold is in place. But you won't -- COMMISSIONER SAUNDERS: It seems like forever. MR. YOVANOVICH: It does seem like forever. CHAIRMAN McDANIEL: There have been -- there have been projects that have come through. There was a period of time when the -- MR. YOVANOVICH: Yeah, we -- I'm sorry. I was confirming with my client. These are the -- remember the question was, can we then -- is there a period of time that we can market them, and if we can't get -- these stay vacant. CHAIRMAN McDANIEL: That's what I wanted to hear. MR. YOVANOVICH: They stay vacant until we fill the unit. CHAIRMAN McDANIEL: That was where I was going, and -- MR. YOVANOVICH: I thought so. I just wanted to confirm that. CHAIRMAN McDANIEL: I'm good. Are you okay, Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. The other -- one more thing I'd like to address is the size of the apartments. You've reduced them from, what, 7- or 800 to 600 feet, I think. And so you're building -- square feet. So who do you anticipate would be June 14, 2022 Page 45 renting those, the rental apartments, not buying? Who is going to rent those? MR. YOVANOVICH: I assume that the smaller units are probably going to be for people who are probably new to Collier County, probably younger professionals, similar to me when I first got here; I rented a one-bedroom apartment. So I would anticipate that it will probably be younger professionals, but it may be somebody who's relocating from the north who might be a little bit older who is looking for a smaller unit. I don't know for sure, but I would think that that's -- there's been a lot of discussion about bringing the size of some of these units down because less square feet means less rent, which makes it more affordable to more people in the population. So it could be anybody, but I would imagine it's probably going to be attractive to younger professionals. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: That raises kind of an interesting question, because if you have a 600-square-foot unit that's available to people earn 120 percent or less of the median income, what kind of rents do you charge for that apartment? Because typically we've had, I guess, 1,100, 1,200-square-foot apartments. MR. YOVANOVICH: I think typically you're at the 700, 750 for a one-bedroom. So you're talking about average when you're doing the ones, twos, and threes, it's probably the number you're referring to. But the ones have usually been 7-, 750 as far as the square feet goes. COMMISSIONER SAUNDERS: All right. So this really is just -- I want to make sure that from a staff perspective that the restrictions on all of those units, the 19.7 percent of the overall project, that those units are really there for this purpose and can't be June 14, 2022 Page 46 used for other purposes, so -- MR. YOVANOVICH: Commissioner Saunders, I can only commit to that on the second half of the project. I don't know that that's a requirement for the first half of the project. COMMISSIONER SAUNDERS: So is there anybody from our staff that knows -- or can just advise on the record that there's a mechanism in place to make sure that these units continue to be used in that way? MR. BOSI: Mike Bosi, Planning and Zoning director. In conversation with Kristi Sonntag and Jake LaRow, they have -- they've maintained monitoring of the Milano's apartments, which is the apartment complex originally developed for the first commitment for affordable housing, and they have been participating within the restriction and the arrangement of the 20 percent that's going to be for the 80 to 120. So those have been -- those previous commitments have been provided for, will be maintained in the future and, as they develop the second portion of those project, will maintain the 20 percent as appropriate. MR. KLATZKOW: And just for the record, Commissioner Saunders, to get to your point. Richard, I take it that the owner of the complex will allow the county or the county clerk to audit the records to ensure? MR. YOVANOVICH: Absolutely. It's going to be -- we envision it's going to be an annual PUD monitoring requirement that we have to show you either we fully rented those units or we have them vacant and available. CHAIRMAN McDANIEL: Outstanding. COMMISSIONER SAUNDERS: Do we need to add that? MR. YOVANOVICH: You can if you want to, but I know it's a typical condition that we could probably -- MR. BOSI: It couldn't hurt, but it's a typical obligation that's June 14, 2022 Page 47 associated with these commitments. COMMISSIONER SAUNDERS: Why don't we just, as a general -- MR. KLATZKOW: It should be put in. COMMISSIONER SAUNDERS: Add that language into the PUDs from this one and all of them going forward that have this commitment. CHAIRMAN McDANIEL: And I think that's a fine way for us to actually start picking up some of the things that Commissioner LoCastro found with some of our previous monitoring efforts and how folks were managing these commitments, so that's a fine way to go. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I was just going to say, I mean, this is in District 1. I've had, you know, quite a few town hall meetings with the people that live in the surrounding area. And, you know, we're trying to find balance here. It's great to bang on the table -- and nobody is, literally -- about more affordability. You know, is it 19 percent? Is it 20? How about 25? Can we get 27 out of the developer? And the reality is, we're trying to find a balance and cohesion in that community. You know, there's all -- for every person that is supportive of affordable housing, you know, and is a disciple of it, there's plenty of people that live around that area that aren't. I actually am pleased with the level that we've gone to here. But the question I have for you, Mr. Yovanovich -- and it's probably redundant, but it's more for the record. I guarantee you, after this meeting, we're going to get emails -- I will, especially -- saying your math doesn't work out. How do you build 790 units? You brag about 20 percent, and then, you know, it comes out to 76 affordable units. June 14, 2022 Page 48 Explain to the general public with some simple math how that number came out. Because I remember being asked that at a couple of town halls and explaining it, but I want to hear it in your words with simple math that -- we actually do own a calculator -- the number -- how the numbers work and where the 76 come from -- comes from. MR. YOVANOVICH: The 76 comes from the new units that are being added, which is 384 units. That's what's being added to the PUD today. Twenty percent of that number is 76. COMMISSIONER LoCASTRO: Right. So the previous units had no percentage of affordability? MR. YOVANOVICH: They did. Well, they didn't have percentages. They had hard numbers. COMMISSIONER LoCASTRO: Hard numbers, right, okay. So, I mean, when you add that together, it just -- I wanted to get that on the record because I know that I've already had notes from some people that say that, gosh, I can't believe you're saying yes to almost 700 units and only 76, and then everybody's bragging about 20 percent. And it's understanding that it's not 20 percent of the bigger number. It's the added number of units. MR. YOVANOVICH: It's a total of 136 -- COMMISSIONER LoCASTRO: Absolutely. MR. YOVANOVICH: -- when you consider the entire PUD. CHAIRMAN McDANIEL: That's what he was wanting to hear. Thank you. Yep, that's what I wanted to hear. MR. YOVANOVICH: I just want to make sure that's on the record because people are saying 76. It's 136 in the entire piece. CHAIRMAN McDANIEL: Yes, sir. That's close to 20 percent of the 600 TPC. All right. MR. YOVANOVICH: Yes. June 14, 2022 Page 49 CHAIRMAN McDANIEL: All right. There are no other further questions. Any questions of staff? I'll call for a recommendation. COMMISSIONER LoCASTRO: Motion to approve. CHAIRMAN McDANIEL: And I'll second it. MR. YOVANOVICH: Is that for both items? CHAIRMAN McDANIEL: And you want to do them all in bulk, 9A and B? COMMISSIONER SOLIS: Are there any speakers? MR. KLATZKOW: With the provision that we're adding the section on the auditing. CHAIRMAN McDANIEL: Of course. I mean, that -- I would assume. Are you okay with that? MR. YOVANOVICH: Yes. CHAIRMAN McDANIEL: Then we're going to approve 9A and B in bulk. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. YOVANOVICH: Thank you. Thank you. Item #10A June 14, 2022 Page 50 SUMMARY REPORT ON THE ACTIONS OF THE FLORIDA LEGISLATURE REGARDING SB 2-D, RELATING TO PROPERTY INSURANCE REFORMS AIMED TO ALLEVIATE RISING PROPERTY INSURANCE COSTS, INCREASE CLAIM TRANSPARENCY, AND TO PROVIDE AN ASSISTANCE PROGRAM TO HARDEN HOMES AGAINST STORMS - PRESENTED AND DISCUSSED MS. PATTERSON: Commissioners, Item 10A under the Board of County Commissioners is a recommendation to hear a summary report on the actions of the Florida legislature regarding SB 2-D relating to property insurance reforms aimed to alleviate rising property insurance costs, increase claim transparency, and to provide an assistance program to harden homes against storms. This was sponsored by Commissioner McDaniel, and Mr. John Mullins, your director of Communications and other things, will present. COMMISSIONER TAYLOR: What are those other things? CHAIRMAN McDANIEL: Yeah, one of those other things. MR. MULLINS: Everything from desk coverage to D.C. lobbyists. So everything in between. As announced, I am John Mullins, your director of Communications, Government, and Public Affairs. And, as requested, this is an overview of the property insurance reform bill passed by the legislature and signed by the Governor last month. And to be clear, this presentation is based upon what the Governor and legislative leadership cited in their need to act in the resulting legislation. It is not an analysis of the effectiveness of the remedies prescribed. And in the interest of time, I'll try to cover this as quickly and concisely as a bill concerning the insurance industry and the trial bar June 14, 2022 Page 51 can be covered. The legislature initially attempted to tackle this issue during the regular session as they recognized that a critical situation existed given rapidly rising homeowners insurance premiums, multiple carriers dropping from the market, and a spike in policy applications, so the state created and operated insurer of last resort. However, the regular session concluded in mid March without a product, and the Governor called the legislature into special session on May 23rd. Three days later, Senate Bill 2D was signed by the Governor. The first two paragraphs of the Governor's call pointed to Florida's general tort environment and the assertion by the Office of Insurance Regulation that currently Florida accounts for 79 percent of the nation's homeowners insurance lawsuits over claims filed while only making up nine percent of the nation's homeowners insurance claims. And the Governor went on to relay what is common in any business environment, that the costs of doing business and, in this case, litigation costs were being passed on to the consumer in the form of higher premiums. As targeted in the legislation, the now well-known free-roof solicitation was referenced by legislators as a particular catalyst for thousands of filed lawsuits, pointing out that the aggregate cost in replacing these roofs and cost of applicable lawsuits dealing with denials raises premiums on all policyholders even if you, yourself, didn't, quote-unquote, get a free roof. In fact, statistics frequently referenced by legislators from the Insurance Information Institute show a dramatic average premium increase over the last three years. Now, sometimes this comes at a catastrophic cost to the insurance company. As stated on this slide, between 2021 and the start of the May 23rd special session, eight insurance companies that June 14, 2022 Page 52 wrote homeowner policies have gone out of business. Those that remain have not only raised aforementioned premiums but have also opted not to renew tens of thousands of policies of current policyholders, and customers new to the market searching for coverage have found much tighter eligibility requirements. And, yes, there is the hurricane catastrophe fund that could step in to backstop insurance companies that exhausted claim payments funds in a disaster situation, and they currently have a fund balance just over $11 billion. So keep that number in mind for the next two slides. There's also the public insurer of last resort, Citizens Property Insurance. These policies generally cost more and cover less than their private-sector counterparts, but Citizens is there for those who cannot find insurance coverage elsewhere. However, as you can see from the trend of the past two years, the number of Florida residents who find themselves in need of this last resort is increasing, and as of April 30th of this year, Citizens has issued over 850,000 policies with the potential to cross one million by 2023. And, of course, we all know what time of year it is, and there is a real potential that one direct hit from anyone but Alex could cripple the remaining market. The 11 billion Catastrophe Fund balance I referenced two slides ago, look at it in context of the FEMA director's assessment of Irma, Michael, and Andrew. Assuming incorrectly that each of these storms were an equal portion of that $95 billion, an already hobbled homeowners insurance market may have to rely on a significant chunk and possibly all of the Catastrophe Fund to make residents whole again. Hence, special session relief. In Senate Bill 2-D was comprised of five main components to address interrelated aspects of the property insurance issue. The first component is set to help bolster the reinsurance market. June 14, 2022 Page 53 As defined on a previous slide, basically this is insurance purchased by insurance companies to insure themselves against insolvency. And under this legislation, the state is creating a new WRAP program and infusing it with up to $2 billion in General Revenue Funds to provide reinsurance to companies that are having trouble getting coverage from the larger fish in the insurance pond. And though this reinsurance is provided at no cost to the insurer, they must pass on that savings to their own policyholders in the form of reduced rates. Another new program established in the bill seeks to provide assistance directly to the homeowners and pave the way to premium discounts. The My Safe Florida Home program is set to receive $150 million in large part to provide matching grants to help harden homesteaded single-family residences that are valued under $500,000. Now, this is a two-to-one matching grant capped at $10,000 per applicant with exceptions made for low-income homeowners. And the Department of Financial Services currently has grant eligibility specifics on their website but not an official launch date for the program or an application for an inspection or grant, and those will be available very soon. My next three slides address roofing. Several sections of the bill made adjustments impacting this particular property insurance coverage issue. The first aspect I'm covering here pertains to refusal to write or renew policies solely based on the roof's age. Per the new law, insurers may not refuse to write or renew policies on homes that are less than 15 years old solely due to the roof's age. And if the roof is at least 15 years old, the homeowner can have a roof inspection done at their own expense, and if that roof is determined to have at least five years of use left in it, the insurer cannot refuse to issue or renew the policy, again, based solely on the June 14, 2022 Page 54 roof's age. The legislation also makes changes to how homeowners' deductibles are handled. The bill allows for insurance companies to include in the homeowner's policy a separate roof deductible, but it may not exceed the lesser of two percent of the policy limits or 50 percent of the roof replacement cost. And if the roof deductible is applied in a claim, no other deductible under the policy may be applied to the loss. And those who opt for this separate roof deductible -- and you can opt out in writing -- must receive an actuarially sound premium credit or discount and, of course, there are events where the roof deductible will not apply, as listed on the slide. Next up is roofing fraud. The bill cracks down on the roofing scam depicted earlier by requiring advertising by contractors on roofing claims to be in at least 12-point font and at least half as large as the largest font used in the advertisement to inform the homeowner that they, the homeowner, are responsible for paying any homeowners insurance policy deductible, that it is a third-degree felony for a contractor to offer to pay or rebate an insurance deductible for repairs, and that it's also a third-degree felony to intentionally file a claim that contains false, fraudulent, or misleading information, and this advertising includes but is not limited to door hangers, business cards, magnets, flyers, pamphlets, and emails. Another component of the bill pertains to the transparency in the claims process by the insurance companies themselves and the expediting of information flow, including an explanation in writing for the insurer's reason for the basis of the payment, denial, or partial denial of a claim, and it directs the Office of Insurance Regulation to provide various data points to the public for their edification on every property insurer operating in this state to aid in their decision on from whom to purchase their homeowner policy. The final major component of the bills deals with substantially June 14, 2022 Page 55 addressing attorney's fees. And the legislation creates a new standard for the awarding of an attorney fee multiplier in property insurance litigation. It creates a presumption that in property insurance cases attorney fee awards based on the standard Lodestar methodology, which is just a fancy way of saying an hourly rate, are sufficient and reasonable; therefore, attorney fee multipliers that may add to the fee may only be awarded under rare and exceptional circumstances and require evidence that they were necessary to retain competent counsel. The bill also states that in a suit arising under a residential or commercial property insurance policy, the right to attorney fees may not be transferred or assigned to or acquired in any other manner by anyone other than the named insured or the named beneficiary. And with that, I am happy to attempt to answer any questions. CHAIRMAN McDANIEL: Well, first of all, before we go to that, I don't see anybody lit up, so you might could -- be off the hook. But I want to thank you for that presentation. As is often the case, there's a lot of things that are going on on the peripheral, and all -- our citizens aren't always aware, and I thought this was a really important informational thing for our community to be aware of since we're all lingering from the side effects of Irma. My question was -- and it wasn't clear, and it, forgive me, is on the two-to-one match. Are those funds that need to be matched by the applicant for the grant -- MR. MULLINS: Yes. CHAIRMAN McDANIEL: -- or the county? Can we -- do we need to do something? MR. MULLINS: It has to be matched by the homeowner. CHAIRMAN McDANIEL: So if I am requesting a grant for up to 10,000, I've got to put in 10,000? MR. MULLINS: Exactly. June 14, 2022 Page 56 CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: That's very generous. CHAIRMAN McDANIEL: Yeah, it's two to one, so -- that's a one to one. So I've got to put in -- the grant amount is 10,000, and it's a two-to-one match. MR. MULLINS: Yes. Two dollars for every one dollar that the homeowner puts in, specifically. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: Mr. Chairman, I did have a question concerning that issue, because the slide indicated that homeowners with property values of $500,000 or less would qualify. MR. MULLINS: Yeah. COMMISSIONER SAUNDERS: And I think that's kind of an important issue for the public. When it says $500,000 or less in value -- CHAIRMAN McDANIEL: Bring the slide up again, please. Forgive me, Commissioner Saunders. I just wanted him to -- he was standing there shaking his head positively. And we all have seen the slide. MR. MULLINS: I'm trying to read lips. CHAIRMAN McDANIEL: Unless the folks are actually looking at our agenda, they haven't actually seen the slide, so -- there you go. COMMISSIONER SAUNDERS: So a single-family residence is valued at $500,000 or less. With the runup in the market, obviously, most of the -- I think the average home value in Collier County now is over $800,000. So is that the assessed value, or is that the market value? MR. MULLINS: I believe -- COMMISSIONER SAUNDERS: When I say "assessed value," I mean assessed value -- with Save Our Homes, assessments have June 14, 2022 Page 57 only been going up three percent per year, so that's what I'm saying. MR. MULLINS: Yeah. I believe it is based on the assessment, but let me clarify that in the actual bill language and send you a clarification. COMMISSIONER SAUNDERS: Okay. That might be helpful for the public, because I think most people probably have homes that are valued at -- valued at more than $500,000 even though they may be assessed, for tax purposes, at substantially less. And also, I don't know if that includes land value. I'm -- COMMISSIONER TAYLOR: I was going to say -- COMMISSIONER SAUNDERS: I'm assuming it's -- it's confusing. MR. MULLINS: It is. And hopefully when MyFloridaCFO.com has more information on eligibility, they will clarify all of these different parameters for the applicants. COMMISSIONER SAUNDERS: Okay. And maybe we can even have some reference on our web page to that legislation for people to be prepared for. CHAIRMAN McDANIEL: And availability of the funding. I mean, because as you have correctly stated, a lot of folks have homes that are in excess, but there is an enormous amount of people that have homes that aren't in excess of 500,000 that could really use an assistance program like this. So I'd like to -- I'd like to see more information on how they arrive at that valuation. MR. MULLINS: Absolutely. COMMISSIONER SOLIS: Chair, just -- and when is it going to be rolling out? Is there a date when this is going to be live? MR. MULLINS: There has not been an official launch date posted. The website or the web page, specifically, on the Florida CFO's site is already established with some basic information, but the application and the official launch of the program has not started. June 14, 2022 Page 58 The funding, though, was provided in the budget, which probably won't be available till July 1. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: Thank you. No further questions. With that, we are going to take a 12-minute court reporter break two minutes early and two minutes longer. We'll be back at 10:40. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) MS. PATTERSON: Commissioner, you have a live mic. CHAIRMAN McDANIEL: Okay. Item #10C DIRECT STAFF TO BRING BACK AN AMENDMENT TO SECTION 10.03.05 OF THE LAND DEVELOPMENT CODE (LDC) TO REDUCE THE NOTIFICATION REQUIREMENT FOR THE VARIANCES WITHIN THE ESTATES ZONING DISTRICT FROM 1-MILE TO 1,000-FEET AND CONSIDER THE FUTURE AMENDMENT AN ACT OF ZONING IN PROGRESS TO BE IMPLEMENTED UPON BOARD DIRECTION – MOTION BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL TO APPROVE AMENDMENT – APPROVED MOTION BY COMMISSIONER SOLIS; SECONDED BY COMMISSIONER SAUNDERS TO CONSIDER THE NIM MEETING HELD 6/13/22, A QUALIFYING MEETING – APPROVED MS. PATTERSON: Commissioners, we are starting with add-on Item 10C. This is a recommendation to direct staff to bring back an amendment to Section 10.03.05 of the Land Development Code to reduce the notification requirement for variances within the Estates zoning district from one mile to 1,000 feet and consider the June 14, 2022 Page 59 future amendment an active zoning in progress to be implemented upon Board direction. This was placed on the agenda at Commissioner Saunders' request, and Mr. Mike Bosi will present or answer questions. CHAIRMAN McDANIEL: Mr. Bosi, do we need a presentation on this or just a simple motion and a -- COMMISSIONER SAUNDERS: Well, I think maybe an explanation on why this particular item was presented today, because I'm sure there are going to be a lot of folks in the Estates area that may be wondering what we're doing here. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: And this is generated because of a specific parcel -- it happens to be in my neighborhood not too far from where I live. But I thought, perhaps, Mr. Bosi could kind of explain why this is here, and we can resolve this today. That will help this particular property owner, then I think it has to come back in the future here. MR. BOSI: Mike Bosi, Zoning director. This executive summary is in recognition -- in July of 2021 the Board of County Commissioners made modifications to the Land Development Code and the notification process for parcels that were zoned Estates, whether it be within the urbanized area or within the Rural Estates. The amendment was to increase the notification area, increase the notification area from 1,000 feet to one mile. For the urbanized Estates, it would have been 500 feet; for the Rural Estates, it was 1,000, and both went to one mile. We've had two applications that have -- that submitted within the Urban Estates that have had excessive numbers of -- in the thousands of notifications that have to be sent out adding -- adding thousands of dollars to costs for an issue that is truly a local issue. June 14, 2022 Page 60 When you're seeking a variance, you're normally seeking a variance for an encroachment into a side yard or a rear yard, two, three, or four feet, whatever the case may be, and normally it's your adjacent property owners that would have the most -- the most concern and most standing within that. We're finding that within the urbanized area -- the urbanized Estates, sometimes there are locations, like I said, they could have 2- to 3,000 letters that have to go out notifying of a side yard variance. The applicants who are just regular homeowners have asked, is that appropriate? Is that an appropriate expenditure? And from staff's perspective we think -- we understood the land-use petitions, the rezones, the GMPs, the conditional uses in the Estates, we'd want a wider area because those could have an effect upon the transportation system, stormwater management systems, the other systems of infrastructure concern. But for variances where they are strictly a local issue, we're looking to make a modification to bring that back to that thousand-foot notification so you'll get your adjoining property owners and a couple property owners beyond that, but you're not extending out a mile and you're not adding that expense within the thousands. So that's the long and the short. And what we would do, if we would take this as an active zoning in progress, we could then apply that notification to the current applications that we do have in-house as we're going through the process of amending the Land Development Code and bringing it back to the Board of County Commissioners. CHAIRMAN McDANIEL: Perfect. COMMISSIONER SAUNDERS: And that would be my motion to do that. I think that solves a problem for Mr. and Mrs. Baer (phonetic) with their larger lot, because I believe they're in the process now of constructing an addition, and they're being withheld from moving forward because of this notification issue. So I think June 14, 2022 Page 61 this solves their problem; is that correct? MR. BOSI: Correct. COMMISSIONER SAUNDERS: So I would make that motion, then. COMMISSIONER LoCASTRO: Second. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: Okay. It's been moved and seconded. And, Commissioner Solis. COMMISSIONER SOLIS: Well, I want to bring up a related issue that I sent around a video from yesterday's NIM meeting, and I'd like to raise that now. I actually thought that this was related to that, but I guess it's not. CHAIRMAN McDANIEL: It's not. COMMISSIONER SOLIS: But I'd like to look -- we can go ahead and vote, and if I can have a couple minutes, I'd like to raise an issue of -- CHAIRMAN McDANIEL: Could we do that under commission comments, or do you want to do it now? COMMISSIONER SOLIS: I'd rather do it now. I'd rather do it now. CHAIRMAN McDANIEL: All right. We will do it after we're done voting; how about that? COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Just a comment. You know, we hear about how the vast country life of Golden Gate Estates is, and when you see what happens when you extend from a thousand to a mile and you find out there are thousands more notices you have to make, I think there is -- that's a real reality check right then and there. That's all. Thank you. June 14, 2022 Page 62 CHAIRMAN McDANIEL: Well, I was the leader on expanding the notice process -- COMMISSIONER TAYLOR: No, I know. CHAIRMAN McDANIEL: -- because originally it was only 500 feet or 1,000 feet in the Rural Estates, and in Golden Gate Estates, if you've got a 330-foot lot, you might be noticing three people when you're changing an entire use. I never personally contemplated a property owner who had an encroachment of two or three feet into a side yard or rear yard setback having to notify a one-mile ring of people that the surveyor had made a mistake or his contractor had made an error. I hope -- and my -- I'll support the motion as long as the motion is not specific to the -- to Commissioner Saunders' actual constituents. This will take effect for everybody that makes an application while we're fixing the LDC. MR. BOSI: Correct. It's because of the -- staff perspective is a variance is a localized process -- CHAIRMAN McDANIEL: Absolutely. MR. BOSI: -- and we feel it has a much shorter reach than what a land-use change would be associated with. CHAIRMAN McDANIEL: Okay. I'm okay with that, yep. It's been moved and seconded that we approve this item as presented and stated by Mr. Bosi. 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. June 14, 2022 Page 63 (No response.) CHAIRMAN McDANIEL: So moved. All right. You want to just stay there while I call on Commissioner -- because you were a participant in last night's adventure. So let's go ahead and have a brief discussion about this. COMMISSIONER SOLIS: And thank you, Mr. Chair, for letting me bring this up now while Mr. Bosi's here. It happens that yesterday when I was speaking with Ms. Patterson and Mr. Rodriguez preparing for the meeting, I had raised an issue that I think is of growing concern, at least for me, and that is how the NIM process, the neighborhood information meeting process, is kind of evolving. It's, in my opinion, not evolving in a healthy way. And there have been now, in the last year, I mean, I don't know, five, six NIMs I would probably go out on a limb and say that it had to be rescheduled, either the facility wasn't big enough, there were disruptions. And so having said that, it's sad that right after I spoke with acting County Manager and Deputy Manager that there was a NIM that had been rescheduled after a disruption and not a large enough facility, it was actually scheduled for the stadium at the sports complex. And I'd like to play the video that I was sent of the meeting, because I think -- I think it's worth seeing. And hopefully we've been able to edit out the expletives. CHAIRMAN McDANIEL: Have we edited? Because I've seen the video, and I don't care to play that video right now. MR. MILLER: I do believe we've caught every expletive. If there's anything in there, it is so off microphone that it's barely hearable. But I've scrubbed at least six of them today. CHAIRMAN McDANIEL: Okay. MR. MILLER: Should we play? June 14, 2022 Page 64 CHAIRMAN McDANIEL: Yes it's how many minutes? MR. MILLER: It's about two-and-a-half minutes. CHAIRMAN McDANIEL: Okay. All right. COMMISSIONER SOLIS: I mean, I think -- CHAIRMAN McDANIEL: It certainly sets a precedent or an example for us to have a discussion about, so... COMMISSIONER SOLIS: And I think -- I think the general public needs to understand why I'm bringing this up, and I think this is -- this is -- CHAIRMAN McDANIEL: Are we -- and one last question. Are we violating any trusts or any publication of something that was done by a private individual? Because these are private citizens that are acting in the way they are. MR. KLATZKOW: They're in a public setting, which -- they're in a public setting. Public settings are typically taped, especially, you know, by news organizations. CHAIRMAN McDANIEL: Okay. MR. KLATZKOW: We're okay. (A video was played.) CHAIRMAN McDANIEL: I think that's enough. We've seen enough. (Video concluded.) COMMISSIONER SOLIS: And I wanted to play that for a couple reasons. One is, the NIMs that we require -- and I think we require these for rezonings, right? This is a requirement. CHAIRMAN McDANIEL: Use change. COMMISSIONER SOLIS: And the requirement is placed on the applicant just to hold it, and we don't have any parameters except in time in relation to the hearing before the Planning Commission, correct? MR. BOSI: Yeah. We require it within a nine-month period June 14, 2022 Page 65 before the Planning Commission, a specific period of time. County staff will attend just to record any commitments that are made. And the intent is to try to promote dialogue, allow for the neighborhood to let the developer know where their concerns are so the developer can make modifications, improvements, compatibility issues. And that's the -- that's the overall intent. COMMISSIONER SOLIS: It was -- the intent is an informational one as well, right -- MR. BOSI: Correct. COMMISSIONER SOLIS: -- to let the people in the vicinity understand what's being proposed. You know, this is a growing trend. I think that in the world we live in right now -- and my understanding is that, you know, some individuals showed up, maybe even showed up with weapons. CHAIRMAN McDANIEL: Yeah -- COMMISSIONER TAYLOR: They did. CHAIRMAN McDANIEL: -- there was. COMMISSIONER SOLIS: And I am really concerned that, number one, there seems to be an idea that if a NIM is disrupted, that somehow that's going to stop the process. You know, I don't think we can -- I don't think it's fair that we have a process that can be intentionally disrupted like that. Number two, I'm concerned that we don't have any -- we don't control the NIMs. We don't have any parameters. We don't have any requirements that security be provided, what kind of facility it's in. And I am concerned because what you saw at the end of that video was actually the protesters and some of the people that were there that wanted to hear the presentation getting into an altercation. CHAIRMAN McDANIEL: Correct. COMMISSIONER SOLIS: I think -- and I would respectfully request that we ask our staff to come back with some June 14, 2022 Page 66 recommendations on how to -- while providing the opportunity to inform the public and receive feedback from the applicants, that we kind of get our arms around this process, because, you know, my gut feeling is is that somebody's going to get hurt in the future. This seems to be getting worse. And there's no -- there's no parameters about how they're supposed to be conducted. CHAIRMAN McDANIEL: Gotcha. And I think that's a really good idea for us to do is actually have a hearing on it. So I'm going to go for Commissioner Taylor. COMMISSIONER SOLIS: And I will add one last thing, Mr. Chair. I think that we also should consider having some parameters -- and I brought this up last year -- on how the meetings here are held, because my concern is that we will -- COMMISSIONER TAYLOR: Yes. COMMISSIONER SOLIS: -- very soon be seeing that kind of conduct here during a meeting for the sole purpose of disrupting the process. And I am all in support of people having the ability to assert their First Amendment rights to object to whatever's going on, but there's a public safety issue. There's the issue that government needs to do what we're supposed to do. And right now in terms of how commission meetings are run, we have no process. And Lee County has a very detailed ordinance on how decorum is handled, what the Sheriff's Department will do, will not do. I think part of the issue for me is is that -- and we've had this issue during the pandemic, some of the pandemic hearings. We're not really clear what the Sheriff is prepared to do or not to do. And I think there needs to be some communication around that before it's too late. To have this kind of a -- that kind of discussion -- CHAIRMAN McDANIEL: Before it gets here. June 14, 2022 Page 67 COMMISSIONER SOLIS: -- and develop something after the fact is, I think, very shortsighted and would be unfortunate, and my gut feeling is we need to do this before it's an issue. CHAIRMAN McDANIEL: Agreed. And I really applaud -- I mean, especially if you're contemplating bringing forward by staff the ordinance that's existing already in Lee County. I mean, you know, we've all had discourse. Commissioner Taylor and I went round and round last year when she was calling a timeout on some of the unrulies that were in here, and I didn't care for that process. It's been up to the Chair with regard to how we actually manage our meeting. So I think developing a policy now in advance of circumstances that could be prevalent would certainly maybe eliminate some discourse amongst us. So I like the idea in actually having an open hearing on it, and making some policy decisions in advance is extremely prudent. Commissioner LoCastro. COMMISSIONER LoCASTRO: There's more than -- been more than a few NIMs in my district, things in Lely, Isles of Capri, a few other things that have come up. You know, for the sake of the citizens who are watching, the NIMs are your opportunity to be heard as citizens and heard professionally. I just want to say I really want to salute the people of Lely Resort. It's a much smaller project than maybe what was going on last night. It's a small piece of property off of Collier Boulevard across from Skillets. But they really took my suggestions and what the staff suggested to them in preparation for the NIMs to heart, and they went in there prepared, professional, mature. They picked eloquent speakers to represent their neighborhood and not just everybody screaming from the podium. And they literally got the developer -- you know, the developer's June 14, 2022 Page 68 asking for a rezone from commercial to residential and then to possibly build some apartments. But, you know, that's a NIM where everything went right, and the developer has made aggressive gigantic changes to the project, which is what you hope maybe comes out of a NIM, or what might come out of a NIM is the developer loses airspeed. At Forest Glen -- CHAIRMAN McDANIEL: Yeah. COMMISSIONER LoCASTRO: -- a project -- there was a project on the corner where, after the NIM, the developer thought, you know, the juice wasn't worth the squeeze. But it wasn't because people were screaming and yelling and everything. They brought forward very articulate reasons of why they were going to give, you know, plenty of aggressive but professional pushback. And he said, I have 50 other projects on the drawing board, you know. I don't need to be on the front page of the paper acting like I'm shoehorning an apartment complex into an area that nobody wants, so I'll move on. And, you know, last night the citizens -- and I sent a note to a citizen who reached out to me this morning who I had been corresponding with. I mean, this isn't my district, but we all vote on these things and we hear from everyone. And I said, you know, last night it was obvious there was a group of citizens who were against the screaming and yelling, but the bottom line is, you all missed an opportunity last night. And, of course, I'm sure social media's going to blow up today, you know, with this kind of thing. But, you know, I agree with Commissioner Solis. I mean, people -- I'm all for free speech, and that doesn't mean you can't raise your voice or what have you, but the opportunity last night was for the citizens, and, you know, they threw it away, which was unfortunate. June 14, 2022 Page 69 So I hope in future NIMs that are coming up -- and we have some big controversial ones. I mean, the one in my district in Isles of Capri is going to be no pushover, but, you know, I hope that the citizens of that community see this as an example of how not to do it, especially if you're really trying to make a difference and have your voice be listened to and not just heard. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I was going to turn to staff because you had that assignment last year. What happened? MS. PATTERSON: I cannot answer that question. I'm sorry. But we're -- I already had a conversation with Attorney Klatzkow about preparing an item at your direction for the next Board meeting on June 28th giving you some options and, as Commissioner McDaniel indicated, being able to establish a policy to address these types of public meetings as well as others. To Commissioner Solis' point, often our folks go out for infrastructure and all types of meetings, and some of those, as we know, have had large crowds as well. CHAIRMAN McDANIEL: I don't remember us talking about it. COMMISSIONER TAYLOR: Yeah, we did. CHAIRMAN McDANIEL: Did we? COMMISSIONER TAYLOR: Yeah. Commissioner Solis brought it up, but I did have an opportunity to speak to the attorney that was presenting last night, and verbal direct threats were levied at him but also at our staff. There was a metal counter at the stadium for a reason. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: So this is not something that we can dally with anymore. CHAIRMAN McDANIEL: I don't think we're going to. June 14, 2022 Page 70 COMMISSIONER TAYLOR: Thank you very much, Commissioner Solis. COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Yes. Commissioner Saunders. COMMISSIONER SAUNDERS: And I agree completely that we're living in some interesting times. There's extreme partisanship. I mean, there were even screams in that audience about "go home liberals," or something like that -- CHAIRMAN McDANIEL: And racial slurs. COMMISSIONER SAUNDERS: -- that had nothing to do with the rezone, but it shows that there's a lot of -- there's a partisan divide that is, I think, getting worse, and it's going to stay that way for quite some time. So I agree that we need to just be proactive in developing the policy. I think part of that policy may very well be, in terms of NIMs, that they are recorded. Now, that doesn't mean we have to have some videographer there, but somebody with a cell phone or something just to record what happens, just like this. We can see from this what actually transpired. And I think you can see from what was presented that that NIM really couldn't proceed. There was no way to proceed in a safe manner with that NIM because no one was going to permit them to make their presentation. I don't want the folks that disrupted that meeting to think that they have a victory, because that victory would be, okay, the NIM didn't go forward and, therefore, there's no project. I think in that particular case, they had their NIM and the matter should move forward. They shouldn't be required to have another NIM because people in the audience became disruptive and shut it down, because if we make that determination that the NIM did not occur because it was shut down because of what transpired there, that's going to encourage people to disrupt NIMs in the future. And so I don't think June 14, 2022 Page 71 we can move along that way. So I'll just throw that out as a comment that I think that NIM occurred. The project -- I'm not suggesting that any of us support the project or not. That's not the issue. It's just that the process has to move forward. CHAIRMAN McDANIEL: The process was violated. Our County Attorney has a comment. MR. KLATZKOW: Just two quick issues. One, Commissioner Saunders, I agree with you, but I think it would require a Board motion to further waive the requirement here so the applicant doesn't have any issues with that, and that would end that issue. And the second point is that this is becoming a Sheriff's issue more than anything else. COMMISSIONER SOLIS: They have to be involved, right? MR. KLATZKOW: And, you know, whatever comes back, I'd like to talk to the Sheriff's counsel to bring back any ordinance or change that the Sheriff is willing to support, because it doesn't make sense to bring back something that the Sheriff is not going to support. COMMISSIONER SOLIS: Right. That was my point was -- is that we don't -- we need to be -- CHAIRMAN McDANIEL: Proactive. COMMISSIONER SOLIS: -- you know, in lockstep with the Sheriff so that we each know what they're going to do. CHAIRMAN McDANIEL: And establish policy for direction for the Sheriff for applicants that are having NIMs so that we have decorum and control of the public meetings. Again, it's a minute away from it showing up here and/or at one of our NIMs. I had an unruly community member at my Evening with the Commish last week, and I had to -- she was polite enough to quiet herself after she became disruptive, but -- now, there is security there, and I know myself, I -- you know, we get into the First June 14, 2022 Page 72 Amendment issue at some stage, but there's also decorum and established policies that I think if we establish it by policy, we're making the right decisions in moving forward. I really think so. COMMISSIONER SOLIS: Yeah. COMMISSIONER TAYLOR: There is another -- if I may. CHAIRMAN McDANIEL: You may. COMMISSIONER TAYLOR: There is another issue about the NIMs and the way we conduct the NIMs. Could it be considered a NIM if a plan is projected on a screen without staff there and then questions were fielded and answers put up? Is that considered a NIM? MR. KLATZKOW: I had a discussion with Mr. Bosi on that just about a half hour ago. The primary purpose of a NIM is to give the community notice of what's going on and get the feedback so we can bring a project hopefully to the Board without opposition. So whatever we come back with you on is going to be with those goals in mind. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: So it may be that as a recommendation, but the primary goal is to make -- is to reduce community opposition to a particular project with the developer making concessions. COMMISSIONER TAYLOR: But -- and with all due respect to our director of Planning -- that's your title, correct? MR. BOSI: (Nods head.) COMMISSIONER TAYLOR: He has got a huge target on his chest. MR. KLATZKOW: And we are going to ensure that that target is eliminated. CHAIRMAN McDANIEL: He doesn't have a target. I mean -- COMMISSIONER SAUNDERS: You're going to eliminate the June 14, 2022 Page 73 target? MR. KLATZKOW: Yes. CHAIRMAN McDANIEL: The bottom line is -- and, again, this isn't -- you know, there are people that take these things personally. But I think one of the things we need to also keep in mind, that there is free speech laws. There are laws on the books to regulate these things, and people that are disrupting, taking weapons into public places, so ons and so forth you don't have carte blanche rights. So, I -- you know, there again, I think by policy, if we make some decisions at our next meeting with regard as to how we're going to manage it, we're going to involve all of the parties and hear from the people that have interest with regard to -- MR. KLATZKOW: But I just need the Sheriff to sign off on whatever we're going to do. COMMISSIONER SOLIS: Sure. COMMISSIONER TAYLOR: Yes. MR. KLATZKOW: And I can't -- I can't compel the Sheriff to agree to an ordinance between now and the next meeting. They've got to review it themselves. So it may take a little more time, but the goal here is to get you guys something that the Sheriff is willing to take these people and remove them. CHAIRMAN McDANIEL: And it is not in violation of our constitutional rights of free speech and so on and so forth. I mean, just because we adopt an ordinance doesn't necessarily make it enforceable, so... MR. KLATZKOW: No, we'll give you an enforceable ordinance. I just have to make sure that the Sheriff ultimately is comfortable with it. CHAIRMAN McDANIEL: Absolutely. You don't have a target on you, by the way. MR. BOSI: Okay. June 14, 2022 Page 74 COMMISSIONER TAYLOR: He's the decision marker. He decides whether -- CHAIRMAN McDANIEL: Contraire, Commissioner. This board is the decision maker on a -- COMMISSIONER TAYLOR: No, he decides whether there's going to be -- he tells them whether there's going to be another NIM or not. I went through this with Riviera Golf Estates, and there have been -- I can provide you, you know, emails going back and forth. Why are you saying this? And going back, and you responded to everyone. And I'll say to the credit of Riviera Golf Estates, they were very upset for logistics, and they were very upset about the issue, but when we finally got them in the meeting, there was a little bit, but then they settled down. Last night was not the same tenor at all, not at all. CHAIRMAN McDANIEL: And, again, they all vary, so -- but, you know -- and there again, I -- well, we can sit here and discuss this all we want. COMMISSIONER SOLIS: So just, if I can, I think the County Attorney had suggested that if there's a motion -- I didn't know if Commissioner Saunders wanted to make that motion but, if not, I'll make the motion. COMMISSIONER SAUNDERS: Go ahead. I was making a note on something else, so... COMMISSIONER SOLIS: It's a motion to consider the NIM that was conducted last night -- and I don't have the application number -- but that that, in fact, constitutes their NIM for this process. COMMISSIONER SAUNDERS: Mr. Chairman, if I can make a comment on the motion, because I thought about making that motion but decided not to -- I was going to make a different motion based on what the County Attorney had said, that we can't just simply do that without notice to the applicant, or are you comfortable, June 14, 2022 Page 75 Mr. Klatzkow, with that? MR. KLATZKOW: I'm comfortable with you making that finding. I'm sure the applicant will not object. COMMISSIONER SAUNDERS: Okay. CHAIRMAN McDANIEL: Okay. It's been moved that we allow for last night's adventure to be considered their NIM. And seconded? COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN McDANIEL: And then staff's over there both raising their hands. MR. BOSI: Jamie just wanted to point out that that was their second attempt at a neighborhood information meeting. CHAIRMAN McDANIEL: I understand that. We understood that. That was their second attempt. You and I had a brief discussion about it on the elevator on the ride up this morning, so -- but we will -- with that, we'll -- it's been moved and seconded that we allow last night's attempt to be considered a NIM, and if they choose to proceed, they can, having used that as their NIM. COMMISSIONER LoCASTRO: Can I just say something, for the sake of just maybe brainstorming a little bit? So we had a small group of people last night that were unruly. If you look at that video, a large group that were either sitting on their hands quietly waiting for everything to die down or a few people chastising those that were, you know, unruly, you know. And this is just more of spit-balling and hypothetical. Are we penalizing the larger group that actually drove out there last night to hear and speak because four, five, 10, whatever the magic number was, drowned them out? Now, granted, I understand this is the second attempt, but I think the first attempt was, what, lack of space? MR. BOSI: Correct. CHAIRMAN McDANIEL: Right. June 14, 2022 Page 76 COMMISSIONER LoCASTRO: So, okay. So maybe that one's sort of a throwaway. You know, they got a large turnout they didn't expect. The same thing happened at Riviera Golf Estates, and then they fixed it on the next one. But I'm just sitting here and saying, you know, I, like all of you -- but I'm a big proponent of free speech, giving people an extra 30 seconds at the podium to sum up, you know, what have you. I sit here and I think, that's a really, really large community, and for a smaller number of people to be able to get the -- these results and basically maybe, you know, for lack of a better term, penalize the greater good, the people who took off from work, who left their kids with a babysitter, who drove out there for 40 minutes, or however long, and was trying to do it right. I mean, now, you know, all of a sudden they have no voice. And I don't know that they could have fixed anything last night. So it wasn't -- I don't fault them, but it just seems like we're letting the smaller group of people sort of -- but I'm not saying if you had another NIM, all of a sudden everything's solved. But if we gave very specific direction, if we had an ordinance, if we had different things in place, maybe we could salvage another NIM if there's an appetite up here to consider that. CHAIRMAN McDANIEL: My statement to you is, there's no public process violation. There's still -- the applicant, if they're going to go forward, they're going to go before the DSAC public meeting, they're going to come for a transmittal hearing in front of the Planning Commission, they're still going to come before this board on a transmittal hearing, then they're going to get to go back through after all of those things. There's still six more public hearings. COMMISSIONER LoCASTRO: So the citizens will have opportunities to be heard and speak? June 14, 2022 Page 77 MR. BOSI: There will be a Planning Commission and a Board of County Commissioners. It's a small-scale amendment, so it only takes one round. CHAIRMAN McDANIEL: Oh. No DSAC? MR. BOSI: No DSAC. It will have -- they'll have the opportunity at the Planning Commission and at the Board of County Commissioners, and hopefully at that time we'll have in place -- COMMISSIONER LoCASTRO: Yeah. I think that's the reminder, then, to the citizens that are listening is, you know, you missed a great opportunity last night, and a small group took that -- stole that opportunity away from you. But, you know, circle the wagons with the folks who want to professionally speak and attend, you know, these meetings to have a voice that there's a bunch more coming up. And I wouldn't conduct them the way that the stadium went last night, and, you know, they've got time to sort of circle the wagons and pull together. CHAIRMAN McDANIEL: Commissioner Solis, you lit up again. Do you have another comment? COMMISSIONER SOLIS: I did. And I would just suggest that, you know, folks that are interested, that want to give their feedback can email us. You know, not that we need more emails, but, certainly, we all read the emails and the comments and, you know, I think that's another way, maybe the most effective way, of making sure that an applicant is considering the things that we think are important and that the community thinks are important. CHAIRMAN McDANIEL: I actually personally spoke to two neighbors that live across the street on the south side of 7th from this project, and I talked to them both and had communication similar to what you're suggesting, talked to them about the project, talked to them -- I mean, one of the fellows didn't even know what AMI stood for, didn't know what the AMI of Collier County was, didn't know June 14, 2022 Page 78 what 70 percent of that was -- had in relation -- or 80 percent of that was with relationship to affordability in the project. So certainly there are a myriad, Commissioner LoCastro, of informational sources that can come without having to subject yourself to that type of an adventure. All right. It's been moved and seconded that we allow for last night's -- I don't know what to call it, but we'll -- COMMISSIONER TAYLOR: NIM. CHAIRMAN McDANIEL: -- the NIM that was actually offered last night to be counted as such, and then if the applicant chooses to go forward, they certainly can. It's been moved and seconded that we do that. 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. Now, do you want another motion with regard to the 28th and the adoption of a policy? MR. KLATZKOW: Just to direct staff or the County Attorney to, you know, come back to the Board. CHAIRMAN McDANIEL: So directed. MR. KLATZKOW: Okay. It may not be the next meeting. Again, I need to work with the Sheriff. CHAIRMAN McDANIEL: Yeah. Well -- and my only thought was, if we could have an agenda item at our next meeting and have June 14, 2022 Page 79 some discussion. We're not asking for carte blanche support from the Sheriff with regard -- because who knows what we're going to come up with once -- because there's a whole bunch of people that aren't here right now that want to weigh in on this. There are people that want to. COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: So I suggest we have a hearing on this at our next meeting, at which point, then, if the Sheriff has had time to agree or disagree, he certainly may do so. But we can move forward with whatever it is and then get the permission or assistance of the Sheriff after we're done with our public hearing. COMMISSIONER SAUNDERS: Mr. Chairman, I think it's a good idea to have it as an agenda item at the next meeting. The Sheriff isn't going to be prepared to discuss a specific ordinance, perhaps. That's not the point. The point will be that he may have some ideas for us and for our staff. But when you contact the Sheriff about the June 28th, having him come here for that, I was going to call the Sheriff and ask him to do another thing, and that is to give us a little bit of a report on school safety in light of what happened in Texas. We have an entirely different situation in Collier County. We have an entirely different police force, Sheriff's Department, and I know that our schools are safe. But it will be an opportunity for the Sheriff to make a little bit of a presentation for the general public to just ensure that everyone in the community understands that we are taking extra steps to make sure our children are safe. So if you could, Mr. Klatzkow, when you contact the Sheriff about our safety, safety of our staff and NIMs, that I'd like a little bit of an update on efforts by the Sheriff's Department. For example, we have a deputy in every school. CHAIRMAN McDANIEL: Right. June 14, 2022 Page 80 COMMISSIONER SAUNDERS: And the County Commission is paying for that, and that's a pretty big-ticket item. I'm not sure if it ramps up to over $3 million a year, $4 million a year. It's a big number, and this commission has gone the extra mile to make sure that we have deputies in all of the schools, and the County Commission has been willing to pay for that. So I'd just like a little bit of a report. CHAIRMAN McDANIEL: Can I make a suggestion? Rather than commingling the circumstance with our NIMs and the Sheriff's Office, we have a budget hearing on Thursday where the Sheriff will be in front of us and discussing that expense specifically. COMMISSIONER SAUNDERS: Okay. The reason I was thinking of the County Commission meeting is that there's probably more participation, more people interested in what we do. CHAIRMAN McDANIEL: Four instead of three. COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: Commissioner Taylor? I'm okay with that. COMMISSIONER SAUNDERS: Doing both times is fine. COMMISSIONER TAYLOR: And just to add a little bit to the end and why I think County Attorney Klatzkow is concerned and wants to have the Sheriff involved. I did speak to one of the officers last night who was there, and he feels almost he was -- handcuffed is the wrong word, but, you know, why don't you do this, well, we can't do that. Well, why don't you do this? We can't do that. So we need to be clear what the law is and follow the law in the enforcement of what -- of what conduct we hopefully will get at these meetings. CHAIRMAN McDANIEL: Correct. Absolutely. COMMISSIONER TAYLOR: Lawful. CHAIRMAN McDANIEL: June 28th. June 14, 2022 Page 81 MS. PATTERSON: Understood. CHAIRMAN McDANIEL: Good enough. Good enough with direction on that? Okay. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: No, thank you for bringing it up. I didn't realize -- in truth, I didn't realize that Lee County had already adopted very specific policies with decorum and how they're doing what they're doing, and I like that, so -- okay. Item #10D DISCUSSION REGARDING PROPERTY AT SANTA BARBARA AND DAVIS DUE TO VIOLATIONS – MOTION BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER TAYLOR FOR CODE ENFORCEMENT TO SITE AS A VIOLATION ASAP AND SEND TO THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO SEEK FINES AS PERMITTED BY STATUTE – APPROVED MS. PATTERSON: Item 10D is our add-on item. It is a discussion on the rock crushing at the corner of Davis and Santa Barbara. CHAIRMAN McDANIEL: Okay. MS. PATTERSON: And Ms. Jaime Cook, your director of Development Review, is here to answer questions and provide information. MS. COOK: Good morning, Jaime Cook, your director of Development and Review. The Water Management District has issued a consent order. It was finalized on June 8th and entered into the record. There are some provisions in here that I did want to go through with you, and June 14, 2022 Page 82 Jamie French does have a copy of the consent order for all of you. Just a couple brief points that I wanted to go through with you. On Page 2, Statement No. 5 states that the district has jurisdiction over the respondent, the party, all stormwater management, the wetlands impacts, all works and maintenance conducted on the property. So they do have -- still have control over this property. In the orders section beginning on the bottom of Page 5, there is a final fine of $29,550 that the landowner is required to pay to the Water Management District. And a payment plan was worked out that they will pay $2,462.50 per month. The first payment is due within 10 days of the date that this order went into effect, which was June 8th so, essentially, Saturday is the date that the first payment would be due, and all subsequent payments are due by the 3rd of each month subsequently following this. Additionally, the applicant is required to come in to work with the Water Management District to obtain a new Environmental Resource Permit. They must come in within 90 days of the consent -- of the effective date of the consent order, which is at the top of Page 7, and they must obtain that new ERP within one year. So, unfortunately, this could potentially go on for another year until they get that ERP. I have personally reached out to the chief of staff at the Water Management District to see if there is a way that we can allow them to go back to work to get the concrete off the site, whether it be by crushing, removal, or whatever remediation they are in favor of. I haven't been able to have those conversations yet, but from what I understand from the manager's office, they are willing to work with us to come to a resolution much sooner than a year from now. Do you have any questions for us? CHAIRMAN McDANIEL: Oh, yes, we do. MS. COOK: Okay. June 14, 2022 Page 83 CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: A couple questions and perhaps a comment or two. The issue that the Water Management District is concerned about is the preserve area that was impacted. MS. COOK: Correct. COMMISSIONER SAUNDERS: They're not concerned with the cement necessarily. They're -- MS. COOK: Correct. And from what I understand, the issues in the preserve have been resolved. So, basically, the outstanding item is the fees that are due. COMMISSIONER SAUNDERS: Okay. So they have a fine. They could -- the property owner could drag this out for another year by not paying the fine and getting their ERP. So the reason I wanted that kind of clarified is that I want to put more pressure on the property owner now to crush that material and be done with that. And so I'd like for our Code Enforcement Board to cite the property -- it's an abandoned project, or whatever terminology you would have to use -- and bring it before our Hearing Examiner [sic] a fine of -- I think initially it's a $250-a-day fine, but every day is a violation. So at some point it can get up to a $500-a-day fine, I believe. And I'd like for Code Enforcement to make that happen as quickly as possible. MS. COOK: Okay. I will turn it over to Mike Ossorio, your director of Code Enforcement. MR. OSSORIO: Good morning. For the record, Mike Ossorio, director of Code Enforcement. I see no issue going through this as an AIMS issue. COMMISSIONER SAUNDERS: Sorry. As a what issue? MR. OSSORIO: An AIMS issue. I'm sorry. I've got a little congestion. Expired ERP. We can work with our engineering June 14, 2022 Page 84 group and formulate a notice of violation and probably take it to the special magistrate within 60 days. COMMISSIONER SAUNDERS: With notice requirements and things of that nature, why would it take 60 days? MR. OSSORIO: Well, my interpretation would be we'd give them a 30-day notice, and then if they did want to have an attorney, we would probably want to reach out with our County Attorney's Office and see what the procedures would be if there was any kind of legal question about due process considering the district has given direction to the applicant how to obtain the ERP within 365 days. MR. FRENCH: Ninety days. MR. OSSORIO: Is it 90? MR. FRENCH: Ninety days. MR. OSSORIO: Oh, 90 days. Apply for it in 90 days. COMMISSIONER SAUNDERS: And they're also supposed to make a payment by June 18th, I believe, was the date. All right. I just want to make sure that whatever process we have to go through, obviously, you have to do that. It seems to me that bringing them before or at least noticing them before the Hearing Examiner, I don't believe it should take 60 days, but if that's what it is, that's what it is. But I'd like to see staff move that as quickly as possible. And I'd like the County Attorney to assist in making that happen. MR. OSSORIO: Understood. COMMISSIONER SAUNDERS: And at some point I'll make a motion to do that, but right now it's, obviously, discussion, because I may be the only one up here that wants to do that. CHAIRMAN McDANIEL: Commissioner LoCastro. We'll find out. COMMISSIONER LoCASTRO: Mike or Jamie, either Jamie. Why does the Water Management District -- I mean, if you June 14, 2022 Page 85 read -- like you said, you read No. 5. It seemed to have, like, sole responsibility over the whole property, and it sounds like they actually don't because, the second part of my question is, do we or why don't we have more leverage, more responsibility, more control over that lot and do exactly what Commissioner Saunders is saying but, like he's saying, much faster. I mean, the meetings I took yesterday, my takeaway was, wow, you know, we're putting pressure on the Water Management District, but, you know, they really are in charge of this whole thing and, you know, maybe they're not moving as fast or whatnot, but our hands are really tied. Why is that? And citizens are asking that. You know, did we -- and I know that we didn't pass the buck, but in the end it looks like, you know, for a giant lot that's in our county -- and I realize the reasons they're involved, significantly involved, because of several other different things on that lot. But it just seems like we should be running the show more. Can we? Why aren't we? Educate me here as to why to citizens it looks like, you know, we're all sort of passing the buck and blaming different organizations and, in the end, this sits in the middle of my district, formerly Commissioner Saunders. But everybody up here. This is a Collier County issue. People drive by it. They don't care what district it's in, and neither do any of us. You know, we all want the same thing, which is resolution. But it just seems like, to the outsiders, we're passing the buck and, if we're not, then let's take control of this thing as far as the lot goes and let the Water Management District, you know, worry about the fines, the water, the foliage, the exotics or whatever is sort of in their responsibility. What do you have to say to that that would educate us more on what we can and can't do and why? MR. FRENCH: Sure. Thank you, Commissioner. For the record, my name is Jamie French. I'm your department head for the Growth Management/Community Development Department for June 14, 2022 Page 86 Collier County. First, I want to thank County Attorney Klatzkow and Deputy County Manager Patterson. They're the ones that really started the conversation with the district leadership and Trinity Scott. They just so happen to have had another meeting, and so they threw in, oh, yeah, by the way, can we talk about this lot? So we're very thankful for them to kind of talking to that senior staff. But, Commissioner, on the overhead what you're going to find is you're going to see conclusion of law, and as provided by Rule 62-330.020, Florida administrative code in Sections 373.413 and 373.416, Florida Statutes, the District requires permits to construct, alter, operate, maintain stormwater management system or works. Then on Page 5 it continues on to talk about what the District's role is. Bottom line -- and I'll break it down for you the best I can. If a site is under five acres, an engineer can self-certify the site, and they report it to the district when they go for their Environmental Resource Permit. If it is over five acres, they are required to go through review and permitting through the Water Management District, and that is Florida Statute. Your Chapter 10 of your Land Development Code -- and I'm going to have Mike Bosi, your zoning director, who is also within growth management, speak of that. So, Mike, if you can talk about Chapter 10. COMMISSIONER LoCASTRO: But when we do that, Jamie -- and maybe this will just help answer your question -- then does the county give up basically all rights, all responsibility, all oversight because it's a larger piece of acreage or whatnot? I mean, it just seems like -- does it totally back us out of the equation here? And if it doesn't, it sure seems like it has because we haven't, you know, pushed them, fined them, you know, squeezed them, given them a timeline. June 14, 2022 Page 87 MR. BOSI: Commissioner, we have control of the site related to development standards, vertical construction. When it comes to the Environmental Resource Permit, it is squarely within the District's purview, and we have no authority within that. And this ERP is tied to District permit, is a District permit. They have -- by administrative code and by statutes, they have control over that section. Now, other land-use activities that go on are the purview of the county, but the work associated with -- with their ERP permit is strictly the purview of this -- of the District. And we have a local provision within our code; it's Chapter 10.02.06. And I can read specifically, but what it says is, we're required -- if a development project has state or federal permits that are associated with that development activity, we're required to document evidence that those permits have been obtained, are in good standing. So when Mr. French finds that the ERP permit has been removed or has been invalidated by the -- we cannot allow for development to move forward because they are in breach of that aspect of having the required state and federal permits. COMMISSIONER LoCASTRO: But we're not -- we're less concerned with development moving forward. We're more concerned with finishing -- crushing that rock, probably covering it over with fill, and at least letting that lot sit there at the proper elevation, which is what the contractor wants so that they can put it up for sale. But at least it has some sort of improved aesthetic look to it. I mean, that's -- you know, we're taking these things in smaller chunks. I could care less if that lot sells right now, but I think what we're all looking for is appearance. So can we take a smaller bite of the apple but something that has much more acceleration and either have the Water Management June 14, 2022 Page 88 District delegate that responsibility in that -- I might be oversimplifying, so that's why I'm saying, educate me here. But, I mean, we're trying to get to the end result, which is to be able to direct that company to finish crushing the rock, cover over the rest of it with dirt, not bring any more rock, and then, you know, it's an empty lot that has a big for-sale sign on it, much like other lots in the county, and at least it aesthetically looks more acceptable and, you know, then we move on from there. Is that possible, and is it easier to -- is it possible to do that in less than two months, like, you know, Commissioner Saunders is saying? Because I couldn't agree with him more. MR. BOSI: Well, you have to remember preemption. Preemption. The state can preempt a local government when it's provided by statute or by the administrative code. The feds can do the same. We are -- I know, Jamie, Jaime, Amy, Dan have all reached out to the Water Management District. They are in -- they're in effort of trying to find that negotiated -- here's the issue. We understand that there's fines that need to be paid, a reinstatement of this ERP permit, but there's some things that we're hoping that we can do to help alleviate some of the issues that, from a local level, we're experiencing. COMMISSIONER LoCASTRO: Are they being responsive back to us? I mean, this might not be in their top one thousand, but it's certainly in our top five. So, you know, I don't know if they've got other things and we'll get to you when we get to you. But what's their response been, you know? Because, I mean, it seems like we keep giving the answers to citizens of it's in the works, it's in the works. Yeah, we're waiting to hear back from the Water Management District. I mean, unless the Water Management District is headquartered on the International Space Station, I mean, June 14, 2022 Page 89 why can't we get an answer from them in 24 hours? And can any of us help at this level? And, you know, I offered that yesterday. I mean, if I've got to talk to Charlette Roman or, you know, the Chairman on our behalf needs to do something, what can we do? MR. FRENCH: Thank you, Commissioner. This is -- so, you know, to answer your question, we're in daily conversation with the Water Management District on this as well as a myriad of other projects. "Development" is defined as any level of alteration to the site. And that is the state's call. We don't have authority here; however, thanks to Mr. Klatzkow and Amy and Trinity, we've at least advanced that conversation, because that is not an option for staff on a typical basis for us to talk to their chief of staff. So thanks to them, now we have a point of contact, and now we are having that. And we appreciate -- and we know, Charlette Roman, she sits on the Big Cypress Basin. But this is actually the District, not a derivative of the District. This is the District. So these are the -- these are the folks that make the decision -- that's serve by Florida Statute that make those calls, so to speak, or the decisions, and we're trying to not necessarily go over staff or their counsel's head. We're trying to get some better direction to look for some partnerships here that would allow for the aesthetics and the environmental aspects of this site. We want the rock crushed. We're not out of lockstep with the manager's office or the community, we think, or the County Attorney's Office. We recognize the Board's mission is to get this -- to get this site cleaned up. COMMISSIONER LoCASTRO: I'm not opposed to going over their heads, because it seems like the heads that we're talking to now, we're not getting a response. So when you say -- and I don't mean this to be, you know, attacking you, per se, but when we say June 14, 2022 Page 90 we're conversing with them daily, that doesn't necessarily mean they're conversing with us. So they're, like, thank you very much for your email. We'll be back in touch. Where's their, you know, conversing with us? Where's the timeline? Where's the answers? MR. FRENCH: That's not been the -- that's not been the case, sir, so -- COMMISSIONER LoCASTRO: Okay. MR. FRENCH: -- if I've painted that picture, let me correct it. They have been exceptionally reasonable in helping us try to find alternatives to help us get there. In fact, the District negotiated a lesser of a fine. They put this applicant on a pay plan. I mean -- and we had conversations -- our county engineer had conversation with Mr. Hubschman yesterday, and we're still unconvinced that he's going to make the payment by Saturday. And, again, third-party hearsay but, nonetheless, what I was informed was, well, I'm still considering it. COMMISSIONER LoCASTRO: But the payments or fines are tied to things that have -- that they haven't done up to this point. It's not -- it's not linked to actions on that lot to move forward with finish the crushing, cover it with dirt, all those things. It's not linked to sort of a master plan or a timeline of, you know, success at the end or solution, is a better word, I should say, right? So, great, they pay the fines on time or they don't, but we still have this big, giant question mark as what we're doing with the rock that's on there, how are we going to cover it up, how are we going to, you know, remove the silt fences and call it a day. I still haven't heard that solution. MR. FRENCH: And, respectfully, if I've not done that, then let me do it now. The District -- this is an updated consent order. This was not the original consent order. Hot off the press available to us introduced to me yesterday and brought up in conversation with June 14, 2022 Page 91 Commissioner Saunders and I yesterday, but -- and you as well, Commissioner. But look at -- don't over -- please don't overlook the areas where it says "correction has been made." The violations have been satisfied. That was not the consent order that was originally -- they were ordered to clean it up. Well, they have cleaned it up. So we give the contractor or the landowner, the contractor that's now currently involved, at least some acknowledgment that they did satisfy the District. Now they just need to satisfy the fines, and they need to acquire the new Environmental Resource Permit. And they're given a timeline as to what they can do. But the fines were significantly less than what we originally were in conversation with the District about. So district staff has been accommodating and has been willing to speak with us about it. So we believe we're moving forward. But based off of our conversation yesterday, we wanted to at least not not tell you that, look, they have 365 days to acquire their permit, 90 days to apply. We could be looking at another year before a permit -- an ERP permit is issued. So we are entering into conversation, as I said, thanks to the preemption of conversation that happened with other county staff with senior District staff. We -- COMMISSIONER LoCASTRO: Just, lastly, who comes up with the recommendation of what to do at the lot to move forward, either crush the rock that's there -- you know, some citizen said they all want it removed, which I've told the citizens that have reached out to me, that's not what we want. We don't want a thousand trucks a day coming down Santa Barbara picking up rock that's already there, you know. The damage has already been done, so let's, you know, finish it with something smart. But who comes up with that recommendation, and then who says, yes, approved? MR. FRENCH: Well, Commissioners, it's identified within June 14, 2022 Page 92 your Land Development Code as far as you do. COMMISSIONER LoCASTRO: Yeah. MR. FRENCH: And your County Attorney and myself and our Public Utilities administrator came forward with an update to your litter ordinance that addresses this type of activity. So I would say that you allow that as far as to be used for construction standards. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I was just going to point out something that's in the consent order that I -- I think it seems like the District is pretty intent on this, and what I'm just suggesting is, obviously, all of the dates and timelines in this is going to be in somebody's calendar -- COMMISSIONER LoCASTRO: What page? COMMISSIONER SOLIS: -- because on Page 7, Paragraph 26, at the bottom it relates to the payment of the stipulated penalties. But at the very bottom of the page it says, if the District is required to file a lawsuit to recover stipulated penalties under this paragraph or to enforce this consent order, the provisions pertaining to stipulated penalties are waived, and the District is not foreclosed from seeking civil penalties of up to $15,000 per day per offense, which would add up pretty quickly. So I would just ask that the day that one of these time frames doesn't go by, that we fire off a letter to, you know -- if you can, obviously. These are not necessarily things that are being filed with our office, but -- MR. FRENCH: Yes, sir. COMMISSIONER SOLIS: -- it seems like the District is pretty serious about -- I don't know that I've ever seen that kind of language before -- MR. FRENCH: We have not either, sir. June 14, 2022 Page 93 COMMISSIONER SOLIS: -- in a consent order. MR. FRENCH: That's the first one I've seen it. COMMISSIONER SOLIS: It's got some teeth to it. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: We have a lot of things going on with the South Florida Water Management District. This is not any kind of a criticism of District or staff. This is not a criticism of our staff at all. There's only one entity that can fix this problem. Now, we can talk about it. We've been talking about it for two years. There's only one entity that can fix this problem, and that's the property owner. The property owner has to get the ERP. The property owner has to get the crushers and move forward with this. The property owner has -- we've been dealing with this for two years. I don't want to deal with it anymore. I want this to go to Code Enforcement. I want a $500-a-day fine, or -- I don't think we can go any higher than that under statute. But whatever the maximum is, let's put -- let's light a fire under this property owner. Let's put more pressure on them. I mean, you've got an order where there's even some question as to whether they're going to make a payment on June 18th as part of this payment plan. CHAIRMAN McDANIEL: It's not June 18th. COMMISSIONER SAUNDERS: So I think we get staff to move this as quickly as possible to the Hearing Examiner with the idea that we need to start fining the property owner. Five hundred dollars a day starts to add up pretty quickly. CHAIRMAN McDANIEL: It sure does. Commissioner Taylor. COMMISSIONER TAYLOR: And when we have $500 a day, let's not let them off the hook for good behavior. It should be $500 a day. We negotiate all the time on our Code Enforcement, and for June 14, 2022 Page 94 good reason. I mean, I watch this very carefully. In fact, citizens are watching it very carefully. This one, 500 is 500. And, you know, this may be a long drawn out, but we to put -- you know, we have to throw -- we have to really put the line in the sand. We're -- you can't do this to the citizens of our community. You can't. COMMISSIONER SAUNDERS: I think it was in November that we heard this for about the fifth time. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: Yeah. COMMISSIONER SAUNDERS: The idea was, well, certainly by the first of March there would be rock crushing taking place, it would take 60 days to 90 days, and there's been no real effort to fix this. COMMISSIONER TAYLOR: Yes. COMMISSIONER SAUNDERS: And we just need to light that fire under the property owner. I don't know any other ways of doing it. CHAIRMAN McDANIEL: But don't we have to take it through the process? We have to file the -- we have to file a violation. We have to -- it has to go before the magistrate, and then the magistrate's the one that actually levies the fines. And there are terms within those notices of violation that we have to abide by. COMMISSIONER TAYLOR: But we can also be very clear to -- in our conversation today, without directing the magistrate, of how we feel about any negotiation of any daily fee. CHAIRMAN McDANIEL: I think that's been made exceptionally clear. COMMISSIONER SOLIS: And I'd just like to agree with Commissioner Taylor. We see this on every single agenda where there's been a code enforcement issue that's been out there for years, June 14, 2022 Page 95 somebody hasn't mowed their lot or whatever, and the Code Enforcement fines pile up, and then we settle it for some nominal amount. I think that's what Commissioner Taylor is suggesting is that this is not going to be one of those -- CHAIRMAN McDANIEL: That's correct. COMMISSIONER SOLIS: -- as far as I'm concerned. COMMISSIONER TAYLOR: And it will be a first in the time I've been here that we've never done this. I'm telling you. We've always negotiated. Sometimes the numbers are larger because maybe it's hundreds of thousands of dollars, and we've said it's 50-. But when you look at the hundreds of thousands of dollars that they're facing and, for whatever reason, it didn't get addressed in their time period -- this is -- this is very, very different. COMMISSIONER SOLIS: And it's not a homeowner that just doesn't have the wherewithal to take care of a lot somewhere. COMMISSIONER TAYLOR: Correct. CHAIRMAN McDANIEL: This is a little different animal. COMMISSIONER SOLIS: It's a little different, I agree. CHAIRMAN McDANIEL: No doubt. All right. Well, I think -- do we need a specific motion on this, or do you have sufficient direction to go forward? COMMISSIONER SAUNDERS: I'm going to make a motion so that we're clear, and that motion is to direct staff to bring this property owner before the Hearing Examiner as quickly as our procedure permits and to seek fines as permitted by statute. And if there are any other avenues of redress for the county, that the County Attorney let us know if there's anything else that we can do in addition to that. COMMISSIONER TAYLOR: I'll second that motion. CHAIRMAN McDANIEL: All right. It's been moved and seconded that we move this item forward to the magistrate through June 14, 2022 Page 96 Code Enforcement as quickly as possible, and whatever else Commissioner Saunders said with regard to the fine and so on, and then the County Attorney. So that's a close enough approximation of your motion, isn't it? COMMISSIONER SAUNDERS: Yes. CHAIRMAN McDANIEL: All right. It's been moved and seconded. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. There you go. I think we're done now with our top line -- oh, no, we've got one more, that's right, 11A. Item #11A AWARD INVITATION TO BID (“ITB”) NO. 22-7950, TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $1,170,674.75, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT FOR THE PELICAN BAY BOULEVARD SEWER REPLACEMENT MOTION BY COMMISSIONER SOLIS; SECONDED BY COMMISSIONER LOCASTRO TO APPROVE – APPROVED MS. PATTERSON: One more. Commissioner, that brings us June 14, 2022 Page 97 to 11A. It's a recommendation to award Invitation to Bid 22-7950 to Quality Enterprises USA, Inc., in the amount of $1,170,674.75 and authorize the Chairman to sign the attached agreement for Pelican Bay Boulevard sewer replacement. Mr. Matt McLean, your director of Public Utilities engineering, will present or answer questions. MR. McLEAN: For the record, Matt McLean, director of Public Utilities engineering and property management. I am here to answer any questions relative to the project. There was included a brief presentation in the backup materials. If you would like me to go through that, I can, or answer any specific questions that you have relative to this particular project. CHAIRMAN McDANIEL: What's your pleasure? You want a presentation or move? COMMISSIONER SOLIS: I don't need a presentation. This is something that's needed. It needs to be corrected. And it's the low bidder. We've done business with them before. I'd make a motion to approve. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the agenda item as presented and recommended by staff. 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.) June 14, 2022 Page 98 CHAIRMAN McDANIEL: So moved. That was a very good presentation -- MR. McLEAN: Thank you. CHAIRMAN McDANIEL: -- Mr. McLean. Now, we're ready, right? MS. PATTERSON: Correct. Commissioners, that takes us to Item 15, staff and commission general communications. CHAIRMAN McDANIEL: Do you want to do that now, or do you want to wait until after we're done this afternoon? MS. PATTERSON: I was going to ask the same question. It's your pleasure. CHAIRMAN McDANIEL: Yeah. I'd rather we wait until we do -- let's do that this afternoon after we're done with our presentations from the applicants. So with that, we'll take a hour and 15-minute lunch. (A luncheon recess was had from 11:45 a.m. to 1:00 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: Yes. Good afternoon, everybody. Hope you had a nice lunch. I think we're ready to go, Ms. Amy. MS. LYBERG: Very well, sir. Thank you. Good afternoon, Commissioners. For the record, Amy Lyberg, Human Resources Division Director. Before this item gets underway, I'm going to provide a brief overview of the process that will take place this afternoon. You will hear from the six candidate finalists for the position of County Manager. Five will be presenting in person, and one is going to be presenting via Zoom. Presentations are going to be given in alphabetical order by the candidate's last name, and each finalist will have 10 minutes to share the information on their candidacy for the position, after which the June 14, 2022 Page 99 Board may ask any questions. The first presentation will be given by Steve Howard, and he'll be followed by Amy Patterson; David Puente, Jr.; Dan Rodriguez; Leonard Sossomon, who is attending virtually; and George Yilmaz. So unless there are any questions or comments, we can begin the presentations. CHAIRMAN McDANIEL: Let's -- yes. We're going to have some questions and comments before we begin the presentations. Commissioner Taylor sent out a one-way communique last week that I personally found a little bit distressing, but I don't disagree with having the discussion about how we're going to, in fact, manage this process. So if you would, please, address the issue with your one-way communication. COMMISSIONER TAYLOR: No. My thought was is that each of us is given the floor, and there's a set time that we're given the floor to ask the questions. We could come back around again if that's okay, but that the initial questioning would be five minutes per commissioner. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: I mean -- CHAIRMAN McDANIEL: And maybe I misread your email, but I -- COMMISSIONER SAUNDERS: I misread it as well. CHAIRMAN McDANIEL: I had that you were indicating that we only allot five minutes per candidate, and we -- and I -- and I just want you to know -- COMMISSIONER TAYLOR: No. CHAIRMAN McDANIEL: -- I mean, I don't -- to me this isn't -- I've already interviewed these people. COMMISSIONER TAYLOR: That's right, we all have. CHAIRMAN McDANIEL: Unless something new pops up June 14, 2022 Page 100 today, I really don't have a need for additional questioning and conversations, so -- and I certainly want to allot sufficient time for all of us. This is more -- in my personal opinion, this is more of an opportunity for the public to hear who the Board has to select from. COMMISSIONER TAYLOR: Yep, I would agree. CHAIRMAN McDANIEL: Okay. So, Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I was going to echo the same thing, but I was going to say, you know, the resumé gets you the interview; the interview gets you the job. This is part of the interview. But I spoke to each candidate for an hour or more, as they all know, and I asked all my questions. So unless they presented something in their presentation that begs a question, this is a chance for them to have the floor, to have the mic, for us to shut up and have them make their final pitch on the heels of what should have been very long interviews by all of us, or complete interviews, I guess I should say. And so I'm not looking to cut them off, but whatever the Chair thinks is an agreeable amount of time. I think we had kicked around, like, 10 minutes. I mean, we're not looking for a 30-minute presentation. But, you know, this is for, you know, one of the most important jobs in the county with a very high salary, and so I think, you know, we don't want to cut anybody short. If there are questions by some of the commissioners, I mean, I think we stay here as long as we need to without getting excessively long, but I agree with the Chair. CHAIRMAN McDANIEL: Well -- and therein lies -- I think we had advertised this at 10 minutes apiece for the candidates to give us their presentation if I'm not mistaken; is that correct, Amy? MS. LYBERG: That's correct. CHAIRMAN McDANIEL: Amy, Amy. I could say Amy June 14, 2022 Page 101 twice and get lots of attention, can't I? MS. PATTERSON: Yes. CHAIRMAN McDANIEL: So I think with that, let's go forth. And who was the first candidate? Forgive me. I didn't write down your list. MS. LYBERG: Your first candidate is Steve Howard. CHAIRMAN McDANIEL: Okay. And I think, just from a timing standpoint, Steven, you're our first one. We are going to set the clock so we have some semblance of order, and you have -- I think there is a clock in front of them there that will give you time to manage your presentation, so -- and, of course, if the Board interrupts or asks questions or those sort of things, you certainly will be allotted a sufficient amount of time. But the clock will be running just so we have an idea of -- so more than you have an idea, so please proceed. Good afternoon. MR. HOWARD: Well, thank you for this opportunity to be here today to be on the Paradise Coast. I actually got a chance, an opportunity last night, it was late, about 9:00 at night, but people were using that complex, so it's an amazing asset that you have. There was actually a study released last week that talked about it being about a $100 billion industry, so I encourage you to continue down that track. It's an amazing, amazing asset that this community has and a great quality of life. Thank you for allowing me to be here. I am humbled and honored to be here today. Thank you. My leadership philosophy is we are one county. We are proud to serve the public. As stewards, we lead. We do as we say, and we make a difference every day. So that's team approach. It's a shared vision, obviously, with the Board of County Commissioners. You set policy; we implement your policy. But it's important that we're united and we reach that consensus. I reached out to several city managers in the community, had a June 14, 2022 Page 102 good meeting with the sheriff a couple weeks ago, and continuing to hear that same theme. With this Board of County Commissioners, I will tell you, they've echoed it. The cooperation, the collaboration really is amazing. So that excites me. That motivates me, and I compliment each of you for what you're building together as a team for Collier County. Professional experience. This is really for the public. I think most of you know that. But I've had opportunities to work for a city, counties, law enforcement, administration, Seminole County, large-scale government agencies. In the last 15 years I celebrate -- actually, August 31st, 15 years as being a CEO/county administrator for a coastal community of Camden County, Georgia, home to the nuclear subs, the Trident subs. We're proud of the military presence we have in our community, and just north of Jacksonville, Florida. I'm a strategic thinker, an innovator, and a collaborator, and I don't do this by myself. Again, it's a team approach with staff helping and assisting, carrying out the vision of the Board of County Commissioners and what's set for this community as well. Education achievements, I'm not going to go through all these quickly, but I have a master's in public administration, I'm an ICMA credentialed manager through the International City/County Managers Association. I also did a program with the Florida State University as a certified public manager as well. Professional affiliations, ICMA, fellow of the American Academy of Public Managers as well. A track record of award-winning government. And, again, it's just not me. It's a team approach working across the aisle, across the county with 25 state and national best practice awards from the National Association of Counties, Georgia Association of County Commissioners, and others in the areas of transportation, financial June 14, 2022 Page 103 management, information technology, planning, risk and emergency management, civic education, and public information. And it's not about trophies, but it is about best practices, and the goal is not just to be the best practice, but to become the best practice in the nation, and that's my goal of any organization that I work with. Again, a team approach, working with staff to do that, but what an opportunity. I always tell organizations, if you think you're good -- it's a "Good to Great" book by Jim Collins -- make it great. If you think your organization's great, let's make it greater. Those things motivate me with organizations that want to do that. Serving efficiently and effectively, I have a track record of doing that, again, collaboratively with the boards of commissioner as we set an agenda, top high priorities, and we implement those across the county. Quality of life initiatives, just did one for the Health Department centralizing those operations with state funding as well as government funding at the federal level in open government initiatives, citizens academies. Again, quality of life initiatives across Camden County in our community. I'm going to go fast today. I'm going to leave you with a great quote by Ronald Reagan. The greatest leader is not necessarily the one who does the greatest things. He or she is the one that gets the people to do the greatest things. And, again, that's what leadership's about. It's not about me. It's about being the CEO of an organization, but it's motivating, inspiring, and accomplishing those goals, and that's what I'd bring to Collier County as well. Again, focused on really 12-month opportunities, not just five, 10, 15, 20. We do all that, but you want top and high priorities. And it's amazing what you're going to accomplish if you focus in those areas, and I think you're doing amazing, amazing work now, but what an opportunity to be part of that team that continues to raise the bar June 14, 2022 Page 104 collectively. So thank you so much. I look forward to your questions. CHAIRMAN McDANIEL: That was less than 10 minutes. MR. HOWARD: I'm fast. COMMISSIONER LoCASTRO: I've got a quick one. CHAIRMAN McDANIEL: Okay. COMMISSIONER LoCASTRO: Steve, you and I had a very -- I was very impressed by your interview that you and I had. But one of the things you had mentioned, and I wasn't surprised to hear it is -- because you have such a competitive resumé -- that you were in the finals for another county manager position, and it seemed like the timing was pretty close to ours. Can you give us an update on -- MR. HOWARD: Yeah. They decided to go back out, and I think that was probably a good move for that county. They're great people, but I think our goals probably wouldn't have aligned, but I wish them the very best. COMMISSIONER LoCASTRO: Okay, thanks. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yeah. What do you attribute your 15 years -- I mean, 15 years as a county administrator is -- that's a long time in the world of county managers, I think. I mean, what do you attribute that to? MR. HOWARD: Well, part of it's listening, listening. And, again, I've had multiple commissioners along that path. But, again, focused on the goals of the County Commission, the policies. That's my goal and my role to do that, but also working as a leader across the aisle all over. Sheriff's Office, Clerk of Court, everybody work collectively as a team approach to do that, and I think that's the success, but also listening to people to carry that out. And also solution thinking. I mean, that's what I do. I solve June 14, 2022 Page 105 problems. The toughest ones you can solve. But, again, it's a team approach working together to raise the bar to do that, and I'm proud to have been there 15 years. That's a long longevity. But I'm proud of that. And, again, that's a good team. You've got to have a team to do that. I don't take all the credit. All these awards -- we've got lots of them, but that's because of the team approach, the direction of the leadership of the Board to have the courage to create change. And, again, once that becomes a policy, we're going to work -- we're going to accomplish it and get that goal realized as soon as possible. COMMISSIONER SOLIS: You also had mentioned citizens academies. Can you -- what are those? MR. HOWARD: Absolutely. It's an interactive program for the citizens. Again -- that's, again, initiative government outreach opportunity, community engagement. So we put citizens through this eight- to 10-week course behind the curtain, I call it. Again, building strong allies. A lot of times you're going to hear from the 20 percent. I want to hear from the 80 percent, too. So it's an opportunity. You have the silent majority, but it's an amazing opportunity to let the public have an exercise. A lot of times I do an exercise with the commissioners. There's interactions, our planning and zoning issue. They find out how tough it is to be in your role. That can get tough. It's an opportunity to do that again, get them engaged. It's a great opportunity. The public really enjoys it. COVID has been a little challenging, but we're doing it again. We'll graduate the next class in a couple weeks. But it's an amazing, amazing opportunity. If you don't have it, I'd encourage you to think about that for this government. COMMISSIONER SOLIS: Okay. And my last question is, June 14, 2022 Page 106 here we -- and I don't know if you're familiar with this, but we have this process called the AUIR, the Annual Update and Inventory Report. Are you familiar with that at all? And I'm not -- I'm throwing this out there. I know it's probably out of the blue. But it's a way that we set the level of service that we want in just about everything in the county, and that translates into, ultimately, the budget -- the Capital Improvement Plan, and then the budget process. And I'm just wondering, in Camden County, how -- what's your process in terms of the long-range planning of concurrency things; roads, bridges, libraries? I mean, are you -- do you have a process like that in Camden? MR. HOWARD: We do, and I think you may have been monitoring my computer last night because I actually watched the video on that last night, so it was interesting to learn about it. But we do have similar structure that does that, but also we have strategic planning that looks -- you know, a visioning process goes out to 2037 with our state -- State of Georgia has programs and processes very similar to that, very -- and I looked at the video last night. It's very similar to we're looking long range, short range, the population, where do you need to be at. But, absolutely, we have some of those same concepts. We may call them differently, but we actually have those same programs. COMMISSIONER SOLIS: Thank you. MR. HOWARD: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a couple of quick questions. Obviously, you're in a coastal county. You wouldn't have submarines if you weren't fairly close to some body of water. MR. HOWARD: That is right. COMMISSIONER SAUNDERS: What kind of process do you go through in terms of preparing for hurricane season? Obviously, June 14, 2022 Page 107 we just started our -- all of us have started the hurricane season. What kind of steps do you take, and what kind of efforts have you had over the past? MR. HOWARD: We have an emergency management agency, which works directly for me. So very similar to what you'd have here, we're going to have -- Florida's experience -- we're on the coast as well, so same process. So we bring stakeholders together, EOC, emergency operations centers, we have a recovery center, all those things. We're actually in the middle of building a brand-new resiliency center. It's the largest grant of all time in the state of Georgia, which will be the first of its kind. So, again, that's a best practice that we're actually putting in place for the coast of Georgia, but all those same best practices we have in place now. We have an all-hazard preparedness program in place, accredited program, but exactly what you have here in Collier is very similar to what we have in Camden as well. We have an EMA director, we have staff. We actually have -- we won a best practice award for unified command structure, actually from messaging. It wasn't really so much -- you have different folks running different pieces of it, but it wasn't unified, the messaging. So we brought the base in, the school board, and we won a best practice award for that. But it works very well, but very similar issues that you have here. We have hurricanes as well that have direct impacts, potentially. We're very lucky and fortunate. But planning is amazing that we do. That's proactively you have to do that. A failure to plan is a plan for failure. So we do all of those programs proactively with that staff to prepare us for if something was to happen, for all hazards. We have other hazards we've got to, you know, deal with. We have a nuclear base as well. So there's other issues that we have to be prepared to do. But those relationships are strong relationships that we've June 14, 2022 Page 108 partnered with. And we do exercises. All of those things are really important, accredited -- we have an accredited EMA center as well with all those issues. COMMISSIONER SAUNDERS: And you mentioned a couple grant programs and some -- what sounds like some major construction projects. MR. HOWARD: We have almost a billion dollars, with a B, of activity going on because of Kings Bay. So, of course, that comes over to Camden, and it translates into interchanges, highways, all those kind of programs. COMMISSIONER SAUNDERS: I'm particularly interested in any type of project that you're managing as a county administrator for your county. If you could -- MR. HOWARD: Sure. COMMISSIONER SAUNDERS: -- maybe give an example of a large one and how you go about managing and making sure that the taxpayers are properly looked after. MR. HOWARD: Absolutely. Well, with the resiliency center, it's a $5 million grant. Resiliency center, a $5 million grant, which is connected to the EMA center. That was a grant -- competitive grant that we had to actually go after. We have staff in place. Obviously, it's monitoring, there's reports, performance reports that will monitor through the construction of that. And, of course, other steps. We'll communicate that out to the public, newsletters. There will be an open house, you know, to participate with that center when it comes live, and we think that will be the next 24 months. We've secured the building, actually, and leveraged that building to do that. COMMISSIONER SAUNDERS: Let me give you a hypothetical. You mentioned the Paradise Sports Park here, that 100 plus million dollar project that we have. MR. HOWARD: Yes. June 14, 2022 Page 109 COMMISSIONER SAUNDERS: Obviously, there's some major construction components to that. Ultimately, there will be a field house, other major components to that. How would you go about -- if you were our manager and we were looking to do a major building, a major project like the Paradise Sports Park, how would you recommend to us that we manage that to make sure that we're getting treated properly by our contractors and engineers and architects? MR. HOWARD: Well, I think you have to have a dedicated project manager, I mean, clearly, for that type size of project to ensure that we're being -- we're watching for our best interest. It's almost like a manager -- construction management at risk kind of technique. But we'd actually have somebody internally watching that, ensuring that we are, you know, paying what we should be paying and monitoring change orders, making sure you have competent staff for that. I'd actually create probably a dashboard or something that would allow the whole commissioners to be able to have access to those milestones as you're reaching them to ensure that we stay on budget appropriately, and there will be reports and, you know, real-time, I think, data coming through. But it starts with staff, making sure we have the competent staff in those positions. At my level, you need more than that. I mean, as a CEO of the county, you have a lot of activities. I don't have to tell you that; you know that. But you've got to have a project man or actually focus solely on that. There's a lot of money at that. But also, if you get grants, there's a lot of ties to that, that you have to make sure that you're doing that properly and that you're carrying out the milestones and the activities that you agreed to do. COMMISSIONER SAUNDERS: Thank you. MR. HOWARD: Thank you. CHAIRMAN McDANIEL: Thank you. And with that, thank June 14, 2022 Page 110 you. MR. HOWARD: Thank you. COMMISSIONER TAYLOR: I didn't have an opportunity to question. CHAIRMAN McDANIEL: Hit your button, please. Everybody else has hit the button. COMMISSIONER TAYLOR: Oh, I had no idea. CHAIRMAN McDANIEL: Yes, ma'am. COMMISSIONER TAYLOR: I thought you were just going down the line. CHAIRMAN McDANIEL: No, ma'am. COMMISSIONER TAYLOR: Okay. Thank you. Was that in the initial instructions to hit your button? CHAIRMAN McDANIEL: Typically, it is. I don't necessarily say that I said it at this last rendition. COMMISSIONER SAUNDERS: It was implied. COMMISSIONER TAYLOR: It was implied? I missed it. So thank you, Mr. Howard. You mentioned that your budget, I believe, that I'm reading here is $65 million in Camden. We have a $2.6 million [sic] budget. And your population is 54,000, and our population is about 340- to '60-. What challenges do you anticipate to have to manage a government entity that's appreciably bigger than what you have? MR. HOWARD: I think still a little problem is a problem. So if you have a problem in Collier, it's going to be a problem in Camden, it's going to be the same problem all over the country, if it's a small one, big one. They're numbers. The majority of your budget's probably personnel, because of the size of it, capital, utilities, those kind of things. So I don't see that as a challenge for me if I was to come onboard. But, again, it starts with, again, competent staff as well. If I have a CFO in June 14, 2022 Page 111 Camden -- we've done some amazing things in Camden with reserves. We have about 30 percent, no debt. All those kind of opportunities we've done in Camden on a smaller scale, but we can do them. If it was a larger scale, it would be the same principle, same approach that I'd utilize to ensure that that would happen. And you have bigger populations, but you address those just like you -- I've been in larger communities, actually, larger than Collier County population-wise. Polk County is a good example. Seminole as well. So all those are the same challenges that you face. You have obstacles, but you find a path forward to work through that to realize those goals and achieve them. So I don't see that as a hindrance. I actually see it as an advantage because I've worked in small ones, large ones. I'm flexible. I can be a carpenter, and I can be a mule. It depends on what I need to do, so... COMMISSIONER TAYLOR: Thank you. Thank you very much. MR. HOWARD: And the other things, I'd say management gets the horse to the water, and leadership gets it to drink. So there's a difference in if you're looking for a manager or a leader. COMMISSIONER TAYLOR: Thank you. MR. HOWARD: Thank you. CHAIRMAN McDANIEL: You good now, Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. No, I said thank you. CHAIRMAN McDANIEL: Okay. Thank you, sir. MR. HOWARD: Thank you. COMMISSIONER TAYLOR: You're really giving me a hard time today. CHAIRMAN McDANIEL: Just today. COMMISSIONER TAYLOR: I noticed that. June 14, 2022 Page 112 CHAIRMAN McDANIEL: Good morning, Ms. Patterson. MS. PATTERSON: Good morning. COMMISSIONER TAYLOR: Afternoon. CHAIRMAN McDANIEL: Actually, good afternoon. Thank you. Who's giving -- MS. PATTERSON: Good afternoon, Chair, Board members. For the pleasure of the public, my name is Amy Patterson. I'm currently the Acting County Manager. My actual title is Deputy County Manager, the seat I filled for approximately the last year. And I will say if you asked me a year ago that I'd be standing in front of you today like this, I would tell you the answer is no, but it's been an amazing year, and I'm really happy to be here. So just a little bit about me before I go on. I am a 22 -- nearly 22-year employee of Collier County. I was born here and raised in Collier County, born at Naples Community Hospital. I lived here my entire life. I come from a family of educators, high school principal, teachers who maybe were a little surprised when I left the school district to come to work for Collier County. So I have worked for four previous County Managers, each one bringing strengths to the table that I've learned from. But I have to start at the beginning with County Manager Neil Dorrill. And I was told that I couldn't say that Neil Dorrill made me feel like county government was cool, so I'm going to say what I learned from Neil when I participated in Know Your County Government way back when I was a junior in high school was that Neil made me want to be a part of local government. From there I got hired under Tom Olliff, and he was very approachable, and he had the ultimate respect for the employees, and you knew that every time you sat down with him. I was just a fiscal tech or a fiscal analyst at the time that I had my first meeting with Tom, and I didn't feel any different than the June 14, 2022 Page 113 folks sitting in the room. I think that's incredibly important. Jim Mudd. We all know the legend that's Jim Mudd, and he taught me very, very important things about the importance of integrity, public trust, and the nobility of public service, and I think those words don't need to say any more. The lessons I learned from him I will never forget, and that time I spent with him I appreciate so greatly. Following Jim was Leo, and he brought a completely different skill set to the table. He was the ultimate diplomat and patient. And you would watch him work on a problem for as long as it took to get to the results he was looking for, and that is very important. And finally, Mark Isackson. I worked for him two different times. Once as the budget director and the second time as the County Manager, and he was a -- is a financial wizard and taught me the skills of financial management, stewardship, and thoughts on long-range planning, not only for financial matters but just matters of the government in general. So with that, you'll ask, what would I do? I've been here a long time. I've worked with folks and cried and laughed with the folks that work here. And I'm going to break this down into just a couple of components, as they all link together. The first is our workforce. We have to cultivate and empower talent and build our bench back. The second is the development of sustainable policy, and there are multiple points underneath of this, as you can imagine. We need to enhance our community relationships and our community engagement. I appreciate Mr. Howard's comments on this so much. Safeguard the public's trust and preserve and protect the character of Collier County. Our workforce is just so incredibly important. It is the backbone of everything that we do. So building on those points that Mr. Isackson brought to you is we need to continue to cultivate our June 14, 2022 Page 114 internal talent. We have folks all through this organization that have unique skills and are willing -- and do give their all every single day for Collier County, and those people we need to continue to invest in and grow. We need to empower our employees to make informed decisions and that accountability is not a scary idea. When we make mistakes, we shouldn't be afraid to say so and just come forward with solutions, and we learn from those mistakes and we grow. That will help us to build morale and to create sustainability in the workforce. There is nothing worse than feeling like every day that you show up here might be your last day, and whether that's true or not, that is a common sentiment amongst the workforce that they think that they can be fired. There is a lot of trepidation, and that comes from a lot of factors, some beyond our control. But it's our job to provide that assurance to the workforce and encourage them to do their best every single day. And, most importantly, we need to build a bench and a bench behind that and a bench behind that. We are incredibly lean right now in our talent base. We've lost people to all sorts of factors, including the economy, retirement, and things that we don't understand. But it's my belief that every employee should be encouraged to achieve and embrace the belief that the next step is within their reach and that they can go all the way to the highest level of this organization. And if you look around this room, you'll see folks that did that, started as job bank employees, started as secretaries, and they are achieving the highest level in this organization, and everyone here that works here I hope is hearing that message that we believe in them and hope that they believe in themselves to do that. Sustainable policy. Changes in the economy change our conversation, but they don't erase the fundamental issues and needs June 14, 2022 Page 115 of the community, and we need to get way from these peaks and valleys or spikes where a policy is important and then it's not based on changes in the economy. And this runs from growth management in the over and under regulation cycle, affordable housing or housing that's affordable, disaster planning, our financial management, very key is the management and maintenance of critical assets and inventory, public safety, resilience policies, and strategic plans and master plans. All of these require a steady and consistent policy, not one that changes with a changing economy. Now, while we understand that the way we manage our finances changes in an upturn versus a downturn, those underlying policies cannot. And we owe it to you as the board, making those decisions, to inform you about what it means when we make decisions when we have to cut things. It's not just simply we cut the things you can't see but, rather, we tell you if you choose to defer this or not maintain that, what does it mean today and what does that mean into the future? Community relationships and community outreach. This is something that I've come to find we could do a much better job at facilitating those relationships in different ways than we ever have before. We have common goals, we have different strengths, but we also owe it to our community to forge new relationships in ways that we never have before with employers, with those people that provide public services, and with just the folks that live here, and we must be diverse and inclusive because we are a diverse and inclusive community. And, further, as far as community engagement, we have many ways that we can enhance public outreach in education where we send our employees out. We encourage them to volunteer in the community, because we're part of the community. And we need to understand our audience because the issues, for one are not the issues June 14, 2022 Page 116 for all. And sometimes they are, too, but we have different pockets in this community that are interested in very different things, and we need to understand that and be able to embrace it with the common goal being Collier County. I've found when we go out and talk to people that we can do a much better job sharing and educating everyone on what we do and how we accomplish it. It is amazing to me that the two backbones of what we do, the budget and the AUIR, the Annual Update and Inventory Report, and our capital planning are the least attended events that we have. We have virtually no one show up to these. And why is that? Citizens don't know. They don't understand the process. We can engage the public in a different way to address these types of things and to get people engaged and involved. I went out to a Leadership Collier event and talked to them about these things and asked them, the ways they could be involved as community leaders is, again, involved in the very beginning when it all starts. Aside from land use, these are the key drivers of everything that this government does. Building confidence, safeguarding the public's trust, and preserving and protecting the character of Collier County. The one thing I will say about myself is that I will be honest with you, sometimes brutally honest. I believe that's important, and my coworkers will tell you -- my coworkers will tell you the same is that, through my career, I'm not afraid to tell the truth. I'll tell you the truth whether you want to hear it or not, because I believe that's the way we have to operate. We have to insist upon ethical behavior, have an open dialogue, protect the financial strength of Collier County that Mark Isackson so carefully built over the last 18 years, and continue on with responsible growth management and promoting a positive business climate. This will build the community's confidence and their trust in our government. June 14, 2022 Page 117 With that, I am open to any questions. Thank you so much. CHAIRMAN McDANIEL: Do you want me to call on you all individually? Commissioner LoCastro. COMMISSIONER LoCASTRO: Amy, just a follow-up question I have for you. And we touched on it in our interview, but some of the things you put on here reminded me of it. You do have a lot of depth in this county, obviously, and with a lot of senior leadership that people who have worked here a long time think highly of, you know, Jim Mudd, all those that you mentioned. So, really, you should be poised to be able to jump into the job quickly. It doesn't mean you're the leading candidate. But having said that, you've had a chance to assess the staff the way that Mark Isackson did, and he dove in very quickly and within short order rearranged, reorganized things, solidified two deputies, moved some people, you know, into some different roles, moved some people out the door and held it open for them, all things I really respected and appreciated and I thought were long overdue. Not naming names or anything specific, but what's your -- what's your assessment of looking at how things run here in the county and how the staff is set up, and what, if anything, comes to mind? We briefly touched on this in the interview, but, you know, I'd like to hear a little bit more depth on the record as far as not what you would do necessarily on day one, but what jumps out at you as, wow, now that I have the steering wheel here's some things that would definitely be on my short list as far as reorganization, or not, or anything sort of in between? And like I said, not specific, like, I'm moving these three people out, but I think you know what I'm talking about. So what are some of the things that would be high on your list quickly? MS. PATTERSON: Understood. So when Mark was hired as County Manager and started his reorganization, the understanding June 14, 2022 Page 118 was that there would be subsequent waves of tweaking or reorganization, and events, as they were, prevented some of that from happening. I think that it was important to do what Mark did, then step back and evaluate how well it was working. Some things worked really, really well. I think we all know that. And some things we thought were going to work well and perhaps they need just a little bit of adjustment. I would say the two- deputy system we really, really like. It gives more depth. It provides more resources not only to the Board but to the community to answer those high-level questions, to provide guidance to staff. But the capital deputy and the operating deputy, when Sean left, turned out to be a little bit problematic because they were still too siloed. So what I would like to see, if I had my way, I would like to see more overlap between those deputies. You still could have the core functions and assignments, but what Dan and I have implemented is that we're really always working together and collaborating on what we'll call his stuff and my stuff. It becomes our stuff. We're working together all the time for that so that if I am out or if I have an engagement or something like that that takes me away from the office, Dan isn't wondering, well, what was Amy doing with this? I have no idea. I can't -- we're that connected that, for all of our big issues, we're really in lockstep, and I think that's a really good model going forward. Secondly, we do have some restructuring remaining with the pieces of administrative -- not to name names, but the former Administrative Services, finding the right places for those divisions that reported up through that structure that no longer is there. We have some ideas. Actually, Mark and I had been working on things even before his retirement of exactly how to gain further efficiencies on those -- on those matters. So it's not that it's another June 14, 2022 Page 119 big shakeup. Change is difficult. It's needed often, but it's also very difficult, and we have to be systematic in how we do that. So I would say that, yes, there's additional things that need some realignment, but there are things that are working well and those things that we definitely know, well, that didn't work exactly the way we intended, and I think that that's something that we have to be sensitive to. But I would say that that would be the big one first there is this -- the reconfiguration starting at the top and then understanding how the pieces fit in underneath of it. COMMISSIONER LoCASTRO: Okay. Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'm going to ask a question or two that really has no reflection on current staff or anything. It's just trying to look forward going forward. We have -- obviously, we have some very major projects going forward, and we've had problems with them. I think Paradise Coast construction project has been problematic in a lot of ways in terms of delays, cost overruns, and things of that manner. And my question is, going forward, how would you recommend that the county manage and control these major construction projects? I was talking to one of our staff this morning, major road project, Vanderbilt Drive Road, 40 percent increase in cost, almost puts it out of the range of being able to do it. So how would you manage these types of projects going forward, making sure the engineers are doing what they're supposed to do, the contractors, the architects, and we're not getting gouged by unscrupulous contractors, if there is such a thing as an unscrupulous contractor? MS. PATTERSON: Sure. So I think there's a couple of prongs to this answer. One, wholly outside the control of the county is our current economic situation. It is escalating costs at a pace that June 14, 2022 Page 120 we haven't seen in a very long time for reasons that are beyond our control. I think that we have to carefully evaluate those projects that we bring forward in this cost environment. Some may be absolutely necessary, and we may have to bear those additional cost increases because of health, safety, and welfare, and there are no other choices. There are other projects where we may say, if we take a couple months' pause, look at what's happening in the economy, allow it to stabilize or not, and then reevaluate, that is another option. But as far as what's gone on with some of the major projects in the past, a couple of things have happened in my belief is, one, they have suffered under changeovers in leadership without consistent direction. The vision started one way and did not necessarily translate or transfer to the next person that picked that project up or the next one. Again, some things are beyond our control, folks leaving, but we have to be much more organized in what we do, the reasons why we do it, and what we communicate to the public. We often want so much to communicate that positive message that we're almost afraid to communicate the setbacks, the things that may slow a project down for lack of wanting to disappoint the public or an elected official. My personal belief is that we owe it to you. If we've experienced a setback in a project for either our own mistake or something utterly beyond our control, that's something that we owe to you to fully disclose that information so that you can make sound and informed decisions. As far as managing the contractors, it really comes down to the very beginning. It's that planning and the scoping to understand what we're trying to accomplish to be sure that we have a sound scope when we go out to design these projects and then when we move to construction so that we can ensure that we are holding both June 14, 2022 Page 121 our design professionals and our contractors accountable. And when we have projects that don't turn out exactly the way that we expected -- I can look at Commissioner Taylor and say, the West Goodlette project, there were so many things with that project that we have now learned. It is absolutely our responsibility to take those lessons and bring them forward into projects that we do in the future. We did these things well. We did these things terribly. And that's -- it's not a bad thing to be able to admit that and to learn from that and to be sure that those lessons learned make their way into how we manage projects going forward. We have to tell you-all the absolute truth from the beginning of projects to the end whether that's, again, something that's uncomfortable, it's something that we owe to you because you owe it to your constituents. COMMISSIONER SAUNDERS: Thank you. I don't have any other questions. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Ms. Patterson, you had mentioned in one of your slides that one of the key initiatives for you was sustainable policies -- a sustainability policy. Can you give me a more specific idea of what you mean by that. MS. PATTERSON: Sure. So there's nothing to me more difficult than we have a set of policies and then we reverse course. I don't want to pick on affordable housing, but it's probably the easiest one to use in this example. We -- in 2007, in that time period, maybe even earlier than that, we were experiencing a very similar situation in Collier County. We had extremely high land costs, extremely high construction costs, very competitive labor market, everything going on today. Affordable housing was absolutely on the forefront. What to do? What could we do as a government? What could June 14, 2022 Page 122 other people do? There was even legislation introduced at one point by Representative Mike Davis trying to force different types of public/private partner -- not force, but trying to encourage different types of public/private partnerships. Everything was being thrown at the affordable housing issue, and then we know what happened. The recession happened. People's beliefs were that, well, prices have come down. Things have changed. Affordable housing, it's less important. Now, the folks that do affordable housing for a living will tell you that, in fact, while it may have disappeared from the radar, affordable housing never disappeared from being incredibly important or impactful; that, in fact, at that period of time the poor and the needy got poorer, and the need for affordable housing, perhaps, was even more intense because people didn't have the means by which they could pay their rents or be able to pay their mortgages. And that change in the home price really probably exacerbated their conditions. But it had disappeared because we were all experiencing what we were experiencing during the recession. It's my belief now we're going through the same thing with this added twist of the rentals, because before we could -- one of the common arguments was people could live in Bonita, people could live in Estero. People don't have to own a home. They can rent. But that option has nearly been taken off the table. The rents are too high. Bonita and Estero are going through the same thing. It's going on all through the nation. Sustainable policy now -- so there's nothing that we or anybody can do today short of things that may ease pain temporarily. There's nothing we're going to build today or buy today that's going to cure or solve this crisis. This is a long-term solution to a long-term problem. But it's my belief our job -- our role as government is only part of the entire equation, is to be able to create policy that is June 14, 2022 Page 123 sustainable through the changes in the economy. We do certain things during an up economy, we do certain things during a down economy, and we plan for those. So in a down economy, we don't have as much money to spend, as much extra, we'll call that, but had we been planning for that, we could take advantage of opportunity buys, for example, on land and then be able to partner, promote housing, things like that. But if we just wait for things to soften and then say, okay, see, now the affordable housing thing's off the table, and that's just not the case. And that's true for any of our -- really for anything that we do here is that what we do in an up economy and what we do in a down economy may be different, but in the end the goals are the same. We want to create sustainability, predictability, dependability so that the people that are working here and living here can understand the way things work and they can adjust accordingly along with us as we do. COMMISSIONER SOLIS: So in other words, it would be proactive instead of reactive? MS. PATTERSON: Thank you. I probably could have said it in three words instead of the 500 that I just said. COMMISSIONER SOLIS: Okay. Well, thank you. That was good. Thanks. MS. PATTERSON: You're welcome. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: We are probably looking at a downturn. Probably not 2008, we hope. But as we're moving towards it, one of the reasons the county has invested in the Paradise Sports Complex was not to bring the Atlanta Braves here. It was to bring youth sports, because it is a proven fact that youth sports are fairly recession proof. Parents want their kids to play sports because they know the coaches recruit these kids, and it's a college education. June 14, 2022 Page 124 That can't wait for a recession. What do you propose to do to get the sports complex back on track? That's a lot to ask you. In very broad terms. MS. PATTERSON: Sure. So there, again, are probably -- there are multiple facets to that answer. We have the issue of the management contract and what we do with that; that's one piece because that's how that -- what's built there, how that machine runs, how effectively we bring folks in to come here, to play sports here, to utilize that complex. I think we can all agree that was a difficult process back nine months ago, and that's something that we continue to work on every day with the help of our staff and the Clerk of Courts and the Board and the folks from the outside. That brings me to the second part and back to that -- those community relationships and community collaboration. The wheels are already turning on this, but there needs to be more collaboration in this arena. We have a tremendous amount of people here with experience in all types of sports, from professional, amateur, and even just those people that have done it for the entire time their children have participated in sports. They know things that I don't know. They know things that will help us. Their voice is important. And we all need to be going in the same direction collaboratively to make the sports complex a success. The capital construction would be the third part. I think we took a huge step when we engaged our Facilities Management group more aggressively in that. We have a project manager that is extremely detail oriented, very skilled, to Commissioner Saunders' question, is willing to hold the contractor accountable and is accounting for every single thing that goes on out there. There's a lot of, unfortunately, looking back and backward correction that has -- has taken up a tremendous amount of time. But those -- that June 14, 2022 Page 125 team also has a focus on what we can do to bring the sports complex to completion. It may require -- it is going to require some difficult conversations about how we fund that. Do we take additional debt to complete the sports complex because we have to be done, and we need to have that complex completely constructed? We're committed to those conversations. But I think each one of these has to run parallel, and it has to be in our top five priorities, probably our top three priorities because we have made this investment so far. We owe it to our taxpayers as well as our tourist industry and those people that have paid into this to complete what we said we were going to do and make it a success. Failure is not an option here. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: And with that, I thank you. MS. PATTERSON: Thank you very much. MR. PUENTE: Chair McDaniel, Commissioners, constitutional officers that are here, and then Collier County employees, I'd like to introduce myself. I'm David Puente. I'm currently the deputy director of your Washington State Department of Veterans Affairs in Washington State. That's my current role. Obviously, I'm an external candidate. And some of the things that I'm going to be focusing on today is two things that I want to make sure that I can connect. Connect my state government experience to county experience, because I think those are some questions that you-all had about me, et cetera, because I have not served in a city manager or county manager role. But I also think that the experience, knowledge, skills, and abilities that I have translate very well into being a county manager. And then, secondly, I want to talk a little bit about my leadership style and who I am as an individual. June 14, 2022 Page 126 So what I'd like to do is first talk a little bit about myself, who I am as an individual as I take my first steps here in Collier County. So about me. I'd like to talk a little bit about my intersectionality about who I am as an individual. First of all, even though I'm an external candidate, I grew up in Immokalee. I graduated out of the Immokalee High School. I still consider Immokalee home. I grew up in a migrant farmworker family traveling up to the northeast and returning back when school started, so I'm very familiar with the county. I have a lot of close ties here, and I have a lot of family here. So my goal is to come back. So this is why I'm here today. I've also served in the -- one of the reasons why I left is my family. Obviously, we did not have the financial means to be able to provide for an education, so what I was looking for is an opportunity, and I took that with the U.S. military. So I joined the U.S. Army. I served almost seven years. I am a veteran. I was a sergeant in the United States Army Criminal Investigation Command. So that's CID. So to give you an analysis, if you-all watch TV, if you watch NCIS, that's the army version of NCIS, so that's what I did within the military. I'd also like to share a little bit about I have an undergraduate degree in occupational safety and health management from Central Washington University in the central part of Washington. I believe that also translates into the public administration or business degree that you were looking for as well. I have 30-plus years working in Washington State government for two large agencies. So a lot of the skill sets that you're looking for in a county manager, I'll be able to talk about here shortly. Out of those 30 years, the last 19 I've spent leading organizations in a senior level or executive level within state government. My connection to the community -- because I think that's important, to be involved in our community to ensure that you're June 14, 2022 Page 127 connected. The last 23 years I have been a football official and baseball official around the communities in the state of Washington, so I plan on continuing that if I end up being selected. I'm also the president of our local association for sports, and I'm also a board member of the Washington Youth Academy Foundation which focuses on at-risk youths that are having difficulties trying to finish high school. So some objectives that I want to talk about where I make my connection about how I translate from state government to county and local and Florida as well. I've been very successful in my roles when it comes to policy execution. The two agencies that I've worked for worked in a board of directors function, so I've been in that type of role and exposed to working with directors and commissioners and et cetera, both within my state role and outside as well. I am very familiar with government operations when it comes to operating agencies. One of the things that I recognize for myself is I do have a gap. You know, if I am selected, I am going to have to learn best practices that are going on here in Collier County. I'm sure you have a great leadership team that will work with me, provide me the institutional knowledge that I need to get quickly up to speed so that I can help run the organization. I think what you're looking for is a leader, and I'm very successful at doing those kinds of things. I'll talk a little bit more about -- here in the future -- in the advance here about how I can relate to that. I'm sorry. Optimizing budget and financial management. Public accounting is public accounting. I am not a CFO, but I'm very familiar with managing budgets over the last 19 years. I understand you have a 1.75 million budget -- billion dollar budget. I get that but, again, numbers are numbers, and public accounting is June 14, 2022 Page 128 public accounting. I'm pretty confident that I can come in and manage the budget, capital assets, and et cetera. When it comes to the performance management and workforce development, I do have a lot of experience at doing this at a state level and also at a national level. I'm very familiar with dashboards, doing process improvements, sitting down and having outcomes. One of the things that's important for me, obviously, the county has a strategic vision and mission and value statement. That is something that's near and dear to me, because I think that's important, because everything that we do in an organization is going to be tied to that. I think it's important for staff to understand how they make that connection to those vision, mission, and values so that there's value in what it is that we do. When it comes to workforce development, one of the things that I want to share that's translatable is in 2017 I received the government management award from our governor in the state of Washington for a project that I worked on at the Department of Labor and Industries. So it was about a three-year project where we focused completely on workforce development, organizational development, and employee engagement satisfaction. We were at about a 78 percent satisfaction rate for our agency. It was about 3,000 employees. One of the things that we were able to do is increase the participation rate and employee satisfaction to about 84, 85 percent. I know those are small numbers, but when you look at statistics, it's a really good goal that we were able to reach. It's not just me, that award. It was the entire agency that we worked on. So it's not about me; it's about the we, how we were able to successfully get that, and the good work that we did as a result of it. So about knowledge and management and organizational direction, I'm very familiar with doing those. When you sit down and you look at project management, organizational management, to June 14, 2022 Page 129 be able to do some of this work that's all in align with the organization's goals that we're trying to accomplish. Again, operational effectiveness, when you sit down and take a look at those things, I'm very familiar, working with the legislature in the state of Washington. I know that can translate over to Florida. I'm also familiar working with local county stakeholders, both internal and external customers. I recognize how to work with people. I can influence people and buy in, et cetera. I'm very good at sitting down having conversations and listening. I think the other candidates here have all talked about how important it is to listen, the ability to have those candid conversations that you don't want to have when you want to make those hard decisions and understand. I think bottom line, as long as your customers understand why it is that you're doing -- why we're doing what we're doing, I hope they understand that. Sometimes they may not like the final outcome, but it's important for them to feel heard. Advanced management in principles and leadership; very familiar with developing strategic directions and goals and sitting down and having conversations with an organization, leadership teams, and our employees to ensure that we're focusing on the right things. Make sure that it's effective, efficient, and then operational. Committed community relationships. I think this is important, I think, and it's all been said by the previous candidates and for me as well, it's important. I value working with communities and stakeholders, building coalitions, sitting down and having conversations with our customers so that we can understand what is it that we're trying to accomplish that's going to meet their needs and, obviously, financially sound and making sure that we're addressing those. To address some of the leadership questions, these are some of my competencies that I'm going to bring to the organization. I'm a June 14, 2022 Page 130 champion about culture and values and what it is that I bring to organizations. I'm able to sit down with leadership teams and employees. What you will see -- what you will see about me is I am one that likes to go out and about. One of the things that I've learned in doing process improvements and change management is genba. Genba is a Japanese term to go see the line. Go see where the work is being done. I think for me it's important to go out, get to learn the programs, understand what's going on within the county so that when we're making decisions as an organization that we understand what best to do and how to -- again, to do it efficiently and effectively. One of the things that I want to share with this diagram is two years ago when I left the Department of Labor and Industries, this was given to me, and this is what my colleagues and coworkers and staff think about me. I know I couldn't bring someone in or do a little brief video about it, but here's who I am and what they see me as a leader. So I'm a champion, I'm inclusive, I develop folks, I foster collaborative work, I work on culture all the time. So these are some terms that individuals shared about who I am as an individual. What I'd like to talk a little bit about is my experience in state government. Again, I worked for two large state agencies. The majority of it was with the Department of Labor and Industries. That organization was responsible for the workers compensation, safety and health, a lot of the regulatory functions that, in the state of Washington, are handled by state agencies, not local counties. So I think that's where, in and of itself, that a lot of work that handles within the county are handled in the state agency that's a little bit different. You can see here in my timeline that my goals have been constantly [sic]. One is to being a director of a state agency, and June 14, 2022 Page 131 what you can see here, from these jobs that I've held, they've all been with progressive scope and increasing in job responsibilities, and it's all been with -- in turn of doing -- of becoming a director. My vision has changed and my goal has changed. I want to return home. My parents are becoming elderly, and I want to make sure that I'm able to be able to provide support and take care of them as well. That's why I'm wanting to come back to the state of Florida. My peers have also talked about accountability. I think it's very important. This is very near and dear to myself. So this is a quote that I have in my office. "The culture of any organization is shaped by the worst behavior the leader is willing to tolerate." This is by Gunther and Whitaker. So with that said, I know the timer has gone off. I'm open for questions. And thank you. Thank you for your time. CHAIRMAN McDANIEL: Do you want to go first? I don't know -- we had been -- Commissioner Solis, do you have any questions? COMMISSIONER SOLIS: I do. You know, I'm curious to how you think your familiarity with Immokalee, growing up in Immokalee -- how do you see that helping your understanding of the county and -- it just seems to me -- usually we've had County Managers that kind of looked from the outside in at Immokalee, but I'm curious as to how you -- how you see you being a little different, that you kind of know Immokalee from the inside out. MR. PUENTE: Thank you for the question. I think for me the thing that I find so interesting is during my last 30 years of being gone and coming back when I visit family is Immokalee really hasn't changed much. It's still Immokalee, you know. And I think for me -- and thank you for, Commissioner McDaniel, all the great work he's done as well in the district. But it's still Immokalee. So even when I come back and visit, I still hear about all the June 14, 2022 Page 132 challenges that the community are facing and what they're wanting to be addressed. I recognize I'm not going to be a savior here. I'm just going to be another county employee here, but I also think it's important to build those relationships. Interestingly enough -- obviously the rumor mill works very well. I've been contacted by some of the associations in Immokalee about what am I going to do? What am I going to do to help? How am I going to make change? What is it that I'm going to do? You know, and the reality is, there isn't anything that I'm going to be able to do when I first get here, because I've got to get to learn the lay of the land, learn what's going on, making sure that I understand your goals and the focus that you want me to do. But I will say that being from Immokalee, I will be able to listen, have that background and understanding of who they are and what they've been exposed to, and growing up there, all the things that we've gone through. But it's the ability to build those relationships and coalitions to focus on what it is that we're trying to do here in Collier County, so... COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: Anything? COMMISSIONER LoCASTRO: No. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I think I'm going to keep along the same track of questions that I've had for the other candidates in terms of how you would manage our construction projects. And I keep going back to that, because, you know, obviously we have a -- tremendous number of issues that we deal with, and I think we're very effective in dealing with just about most of the stuff that we have. But I think where we've really not been as successful as we June 14, 2022 Page 133 should be is managing our contracts, managing our engineers. And, you know, a project goes bad, the engineers never have a -- it's never any accountability to the engineers or the architects that we've retained. And I'm just curious how you would go about making sure that a major construction project from the bidding process all the way to completing construction would be managed properly from the perspective of our taxpayers and the county government. MR. PUENTE: Commissioner, thank you for the question. I think what I'll do is I'll translate it into what we currently have at the agency right now with Washington Department of Veterans Affairs. We recently receive over $100 million to do some construction work at some of our transitional housing program that we have. Again, you know, making sure -- and I think it's been said, too, I think it's important for us to take a look at what's the common goal. What is it that we're trying to accomplish? Best practices are best practices at what's been said here earlier. But I think what's important is making sure that we look at the contracts and procurement and what it is that we're looking for for that value of dollar, to make sure they're being effective and efficient with it. Make sure you have good deliverables, scope of the contract so that when we start putting it out for a bid, that you get all of the things that you're looking for. Definitely having somebody in mind to do project management of the contract so that when we're staying and -- getting updates and staying current on the work that's being done is important. We're currently doing that with the contract that I'm just talking about, so we're putting it out for bid. We're wanting to make sure that when we put this out, obviously, you're looking at diversity for bidding because that's a priority in the state of Washington. You're also looking at cost of it because we're only going to get so much June 14, 2022 Page 134 from the federal government, and then we have to have state-matching funds. But for me it's important to keep an eye on the process. There's always going to be change. There's always going to be increases in cost, but I think that's where, as long as you're having conversations with your contractors, you're making sure that you're going to come in within budget. If not, let's have a conversation about scope and what is it that we're trying to do. COMMISSIONER SAUNDERS: There's been a mention by one of the candidates of construction management at risk. There are different methodologies for managing contracts. That's kind of what I'm really trying to get at. You know, how would you structure a management project? MR. PUENTE: Well, I think the one thing I would say is at least within our agency right now, we actually have a contracts management office that manages contracts and facilities when it comes here. I can't say that I understand that's what's physically [sic] going on here, but I've heard project managers are here and able to manage within the Collier County. One thing is, if you don't have construction staff or engineers to help you within Collier County, that would be an area that I would be trying to address. Having a conversation with the current organizational structure, evaluating and looking at, is it something that we can invest and bring in our own engineers if there's not none here. But I think it's important to evaluate everything that we're looking at and to also have a conversation with you as commissioners, what are your goals, what is it that we're trying to do and accomplish, so that we're both on the same page and accomplish the task. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. June 14, 2022 Page 135 COMMISSIONER TAYLOR: What is Collier County headed for, in your opinion? MR. PUENTE: I think you just said it a little bit of time, and I don't think it's just Collier County. I think it's the U.S., because we've been having conversations in our state as well about the downturn in economy. We all know that we're -- the gas prices are extreme. We're having the same issues in Washington State with housing. People can't find affordable housing. As soon as the market comes up, they overbid. Overbid on a house, and you're just putting people out. And the rents are going up, and those are things that we're having to address. I think here the things -- when I attended a couple meetings ago, a couple weeks ago, and Amy talked about it as well, affordable housing. That's also an ongoing issue in the state of Washington that we're having conversations about how to address those things. At some point in time the county needs to sit down -- we would need to sit down and have that conversation about how best to address those things. During lunch I was having a conversation or listening to a conversation here about -- and I think some of the conversations that I had with individuals -- with the commissioners as well. What property does Collier County have right now where we can work with developers? Look at other avenues and figure out how best to use what we currently have as assets to try and address some of the concerns that we're talking about. COMMISSIONER TAYLOR: What is -- what is Collier County to you? Describe it. MR. PUENTE: One, it's home. It's always been a place that I've described as being home, you know -- COMMISSIONER TAYLOR: Describe the economy for me. MR. PUENTE: But for me, the economy, obviously, tourism, June 14, 2022 Page 136 construction, medical, health. Those are three big industries here. I have to say several years back -- and I'm trying to remember the name of the company. Add -- I can't remember now. It's a medical -- huge company here out of Naples. Arthrex? COMMISSIONER TAYLOR: Arthrex. MR. PUENTE: So I applied for that -- I applied for a safety and health job years ago to try to come back for that. So, again, those are those industries here that I know are here common -- in the state of Florida, here in Collier County. COMMISSIONER TAYLOR: Thank you. MR. PUENTE: Yes, ma'am. CHAIRMAN McDANIEL: Thank you, David. MR. PUENTE: Thank you, sir. MR. RODRIQUEZ: Good afternoon, Chairman McDaniel, Commissioners. Thank you for this opportunity to come before you. It is certainly an honor and a privilege to be at this level to be a candidate as selected by you to interview for this position. Thirty-two years and 10 days later, it certainly has been an adventure but a rewarding one, so I'm not counting days. CHAIRMAN McDANIEL: You're not counting hours. MR. RODRIQUEZ: But in all sincerity, I would like first to thank also Amy Patterson, John Mullins, and Sarah Hamilton, Amanda, as well, and Geoff Willig in the County Manager's Office, because the last year and a half, to say it's been full of surprises would be an understatement. But certainly the last four months that I've had the opportunity to serve has been professional, and they couldn't be better people to work with, so thank you for that, the team. Let me give you a little background on me and where I come from. My father was in World War II. He was in the Coast Guard, believe it or not, and he trained in Michigan, and he decided to bring June 14, 2022 Page 137 his bride, my mother, to Michigan and buy a farm and raise a large family. Well, I'm a result of that large family. As a matter of fact, when people ask me, boy, your family's so large, and I said, yeah, my parents got to 13, which I'm No. 13, and my younger brother was a mistake. He's No. 14. So with that -- but in all sincerity, why do I bring that up? Because I have Midwestern values. I believe in honesty, dedication, hard work, and integrity and that, I believe, has helped me through my career with Collier County here. With each and every position that I've held in the county, I've been given opportunities to promote and support individuals as well as provide service to the community. That leadership style, being supportive and having that demeanor, my leadership style is a servant leader. I like to serve the public. I especially like to serve our employees. But just as important, I like to see our employees develop and become to their fullest potential. And if you look at my career in Collier County Government, I have helped to develop very successful teams. As part of that success, under five different county managers and four different administrators, they have actually pulled me into different divisions to help to build them, remake those divisions. Whether they were in trouble because of leadership or the lack of resources or lack of personnel or a lack of focus or strategic planning, those county managers or administrators moved me in there to help solidify those groups of people. And I think over the years I've been successful. I've worked in your Fleet Management Division at the time when our director at the time left, and I was promoted there. And I helped to correct some of the wrongs that were there, backlog of work orders, lack of customer focus. We turned that division around. Whether it was Facilities Management, helping to improve your building maintenance operations, bringing in technology, work order systems to track June 14, 2022 Page 138 performance of staff, but also to get resources. I remember standing in front of Jim Mudd and Leo Ochs going through the budget, and I had a capital project list of $15 million, and I thought Jim Mudd was going to shoot me. He looked at Leo and said, who is this? And Leo said, you need to listen to him. And I actually slid that piece of paper across the table, and Jim Mudd looked at it, and he says -- he looked at me and said, how much of this can you get done? I said 60 percent. He said, I'll give you 12 million, and walked from there. And that kind of set the stage for developing budgets and asking and really pushing the envelope, because one of the challenges we have here in county government is that over the years, and whether good or bad -- it's been good for the taxpayers -- we hold the millage or we budget to a percentage. And what I've learned through my years is, especially working in Public Utilities and essential services, you need to budget to a demand. Collier County continues to grow. The expectations from our residents continues to increase. We as directors, managers, and administrators need to find those trigger points where that demand increases, and we need to add more resources. Thanks to you, today you actually added six FTEs, you added lifeguards for your pools, you've added craftsmen for your buildings. I've had the pleasure of working with Amy and the budget folks over the last few weeks to review budgets and to see some of those items come through, the request for FTEs or budgets staying the same. When I look at a budget, I don't look at a percentage. I look at the individuals that are in the field, whether they're cutting grass, whether they're painting, whether utility workers digging your ditches, getting your wastewater pipes in. What are they asking for? June 14, 2022 Page 139 Are the resourced? And are those people that are getting the benefit of those services paying for that, and those that are paying for it, are they benefiting for it? As your county manager, what I would focus the team on out of the gate is to get back to strategic planning. The last strategic plan was updated back in 2017, which was a very good plan. It helped us to lay the framework for the best place to live, work, and play, and I truly believe that this is one of the best communities in the nation if not the world. The development of that strategic plan needs to be focused on the impacts to quality of life. You, the commissioners, need the options. You need to see what that path looks like. Is the limit 600,000 people? Is it 800,000? Is it a million? What does that look like for Collier County? How long do you want to wait in traffic; two hours, an hour and a half? How long do you want to wait for beach parking or go to a restaurant? Those are the decisions that your department heads and your directors need to lay out for you in strategic plans. Those strategic plans need to be coupled with tactical action plans that go year by year by year also tied to a financial plan, because in government, if we don't manage cost, if we don't track it -- it is important for us to know what does it cost for us five years, 10 years, 20 years from now. As your Solid Waste director, I was responsible for doing rate studies. I was responsible for getting the best value in leveraging our relationship with Waste Management, a Fortune 500 company, that provided great service collecting over 39,000 collection points every day six days a week, touching customers. In addition to that, I executed your capital program. In fact, one day I was sitting at my desk in Facilities Management, and the administrator at the same time brought a box. He goes, here, pack June 14, 2022 Page 140 your stuff. Didn't say he was firing me, but I thought I was. And he said, you're going to solid waste. I need you to work there, execute the project. There's $56 million worth of projects working with a team of professionals. Dane Atkinson, he just opened your pools, by the way. He helped to build the infrastructure you have today. He did the largest reclamation of your landfill. To keep your costs down, we have disposal capacity outgoing 54 years. He built -- helped to build the landfill gas-to-energy plant which you see today, which actually produces electricity for 1,800 homes in Collier County, and it removes methane from the atmosphere, cleaning up our air, all paid for by Waste Management, $8 and a half million. How did that happen? Through collaboration, the ability to talk to partners and bring them to the table. That's what I bring, if you were to select me as the county manager, is my willingness to work with people to solve problems. The two qualities of a great leader, as we all know, is the ability to get things done. If you look at my career, I've been able to do that. Hurricane Wilma and Irma were worked off of debris plans that -- teams that we helped develop at Solid Waste. Those debris missions were tremendous. I remember the day that Hurricane Wilma hit, and we thought we had about six months to clean up the county. And for those of you that remember Jim Mudd, Jim DeLony, we went to his office. He went in and said, we're ready to start the mission. We'll be done in March. And I remember saying, no, you're going to be done by Christmas. And I remember the door shut, and if you've never heard two colonels go at it, it's certainly a story. But when he walked out, I'm thinking, all right, we've got till March. He goes, what are you still smiling at? Get ready, because you better be done by Christmas. June 14, 2022 Page 141 So with that, putting teams together is probably what I believe I do the best, and -- but also empowering them to make decisions. As a leader in county government, you have to be decisive. You have to call the ball when it's necessary to get things moving. In addition to that, you have to resource your staff. But probably the most important aspect is you have to create an environment for your employees that is conducive to change and supportive. So with that, my financial background, I've managed hundreds of millions of dollars of operating budgets and capital budget. I've executed capital construction projects throughout my whole career. I've probably had more audits from Crystal on me than anybody in the county. And I will tell you, I don't recall one that had negative impact or that was a detriment to my career. In fact, she and I have a very good rapport, like all the constitutionals. I believe that we have to support our constitutionals because we are all one government; we are all one community. They have priorities that we as a government need to support, whether it's through facilities or their infrastructure. So with that, getting back to the strategic planning with our directors. We have to set the scope for the agency's activity, we have to focus density on the impacts of quality of life, as I mentioned earlier, we have to develop a baseline for the quality-of-life standards. What is it that's acceptable for us as it relates to our services? We have to clarify long-term direction for each department, each division. We need to have workshops where the departments come to you and review their divisions, and each division has a master plan coupled with a financial plan. I believe we've gotten away from that. As Commissioner Solis mentioned the AUIR, in some divisions that's the only planning tool they'll ever see, and it's not as descriptive as it probably needs to be. So with that, if selected as your county manager, I will continue June 14, 2022 Page 142 to apply many of those lessons learned in customer service, project execution, and innovative planning to direct, mentor, inspire staff to work hard in setting higher expectations not only for themselves but also for their services. We all are standing here tall on shoulders of leaders that came before us to create a beautiful community we call Collier County. As the new leadership team here, we have an obligation to strategically plan for our future community in anticipation of the challenges of growth that await us. Thank you for the opportunity, Commissioners. CHAIRMAN McDANIEL: There you go. Commissioner LoCastro. COMMISSIONER LoCASTRO: Mr. Rodriguez, I'll ask you the same question I asked Ms. Patterson. You know, unlike the external candidates, you guys have the advantage of having assessed the staff already working as directors, working close with senior leaders who preceded you. What would be the things that jump up on your radar as well that -- like I said to her, not that, you know, you'd immediately change tomorrow or you would use a sledge hammer to fix, but things that would be on your short list of areas that you would attack immediately to continue to, you know, improve or things that maybe you wouldn't, you know, that you would leave alone. But what would be on your short list that you've already had the chance to witness but, as a county manager, now you'd have the chance to actually make, you know, execution? MR. RODRIQUEZ: Absolutely. Probably the first top two items would have to be, as Amy stated, that admin services section, just to get some leadership in there to provide specific direction, which we are already doing now, and that's to make sure that the support groups, the internal service groups, provide the support that the departments need to -- whether it's hiring people or planning for June 14, 2022 Page 143 safety or budgeting for the resources. The other division, Facilities Management, all of our divisions are sitting on a lot of capital money. A lot of projects need to be executed. I would take the Facilities Management Division and break that off and have its own engineering section. And why is that? Because we have two very good examples where that works. If you look at Trinity Scott's group, her Transportation division, Jay Ahmad, that team, they execute the road constructions very well. If you look at the Public Utilities under Tom Chmelik and Dr. Yilmaz over the years, they were able to execute $50 million a year in capital projects. So it needs a focus, it needs to be pulled off. It's been fragmented, but there's some great people in Facilities Management. They just need a little bit more help with resources and staffing. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. You've been here for a long time, obviously, and you've seen the good and bad of Collier County over the years. What would you list as the two biggest problems facing Collier County Government, and how would you go about addressing those problems? MR. RODRIQUEZ: Whether it's a problem, it's more of a strategic initiative, is the planning. What does the future look like, and what have you, as commissioners, given us as guidance to plan for that future? Many times we sit down and go to the budget. Some directors in the past haven't even come to the table to argue their budgets or to talk about the resources. So that's strategic planning where we can sit down with you, the commissioners, show our plans and then show you a financial plan, and you accept it or you don't. One of the reasons Public Utilities is very successful is because they master plan their water, their wastewater, their solid waste, and June 14, 2022 Page 144 coupled with that, you know your rate structure's going out 10, 15, 20 years, but you also know the cost to deliver those levels of service and whether that's capital infrastructure replacement of that capital infrastructure or new to meet the demands of the future. In addition to that, probably just overall government as a team. We need to work collectively as a group. Amy and I and the team, we talk about this every day, whether it's the department heads or the division directors, we all have to work from the same sheet of music, and that's, we serve the public, we're here to serve the public, we take care of each other, and we've got to execute our work. And that just takes communication. Once you remove the egos and the insecurities from leadership, you can get that done, and you're able to communicate a lot more. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: You have a problem, hypothetical for this one, and certain things have been put in writing for certain construction projects to be brought to fore, and for one reason or another, over a two- or three-year period that hasn't happened. How are you going to -- what would you do as county manager to change the outcome? MR. RODRIQUEZ: Sure. I would look at that division director, that department head. I believe that your relationships in business or county government are performance based. As long as you perform, you have a relationship. When you don't, then you need to bring them in and basically sit down and say, show me your project management plan and show me where you anticipated all of the milestones for this project. If the project's not moving forward, you give them options. We need to get this back on track, and really hold them accountable. What this county government needs, and Amy and I are working June 14, 2022 Page 145 on doing that, is we need a standardized project management software. Facilities Management has started that initiative under Ed Finn and some other project managers. We're going to roll that out. Why? Because the engineers that we hire use it. It's in the industry. It's in the standard. You can pull up a chart and see the schedule. You can see the budget. In addition to that, there are performance-based operating systems that you can get where staff at their desk that are tracking, whether it's Procurement, whether it's Human Resources, you can track where your initiatives are. Who's sitting on it, where it's been for the past three days, and things like that. So if there's an issue with a capital project, you have weekly, bi-weekly meetings. You have reports that come out. We've used those and are very successful in the Public Utilities and Facilities to a certain extent. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: And with that, thank you, sir. MR. RODRIQUEZ: Thank you. CHAIRMAN McDANIEL: Our next candidate. MR. MILLER: Mr. Chair, Mr. Sossomon is online. I've asked him to -- whoops. There, he's unmuted. I'll see if he turns -- there's his video. Oh, he's muted again. Mr. Sossomon, if you could unmute yourself, please. That might have been my fault. I don't want it to appear that that was his fault. MR. SOSSOMON: I should be back. MR. MILLER: You are, sir. Thank you. MR. SOSSOMON: Thank you, Commissioners, for having me. I appreciate your hospitality over the last few weeks in terms of our one-on-one Zoom interviews. They were enlighting, and I appreciate this opportunity today. I take a little bit different approach, if you will. I'll tell you a June 14, 2022 Page 146 little bit about me. I'm a self-starter to begin with. I do believe in team building, not just for operations, but also for decision making in all the areas of government. I'm a people person. I listen to understand, and then I make decisions on which to act upon. I lead by example. And I also like to put together -- for team building, you know, it's collaboration and cooperation that works the best. Some words people use to describe me is I'm transparent and also honest. I'm an open-door manager. My management style is comprised of teaching, coaching, and mentoring and, over my career, I'm proud to say that I have a number of staff members that work for me at different levels that have moved on to other organizations or up within that organization to become a manager or city manager or county manager as well as directors or high-level directors in other operations. To be an effective leader, a manager must gain the trust of the employees, the public, and the governing body for which he or she works for. It's important for a leader and manager to make all employees feel important. I've had employees in the past that have worked in a certain organization for 20 years or better, they've told me as a county manager I was the first one to ever talk with them, and they were in facilities. Sort of kind of like to where the boots meet the ground for any operation. One thing you need and I think I've heard in the past is to develop a succession plan for sustainability in management and operations. I have had a history of doing that. Communications with the public. I'm very well adept at having town hall meetings, like a lot of elected officials do, but I've had them as a county manager. And I've done that for several occasions on different projects. So public works projects, large-scale June 14, 2022 Page 147 development projects, and I've also developed several strategic plans which have been modified slightly over the years from my previous employers. I usually focus them on quality of life, which you've talked a lot about, but I also include environment, because in Florida you've got to protect the environment as well as they do in other coastal areas because it's so vulnerable. And last but definitely not least, you have to look at the economic development and community development issues that are currently involved in the county. Where I think some -- before that, if you will, is my education. I've obviously got a bachelor's in political science as well as a master's in urban and regional planning, so I don't just look at our entity where I work, which is -- I'm there to take the best care of it possible, but I also look at how we fit with any urban or regional area for growth opportunities, if you will, and not necessarily growth outward but growth inward. My master thesis, which was on housing, was actually published in the Professional Geographer. Besides the earlier education and achievements, I've also got a certificate in municipal administration from the University of North Carolina at Chapel Hill as well as a similar one from Clemson University and the University of South Carolina, and I am an ICMA credentialed manager. Leadership opportunities, I heard you talk a lot about -- and I've talked to some of you about some of the construction problems or issues that you've had. I like to put my boots on the ground. I've gone out with the engineers to take a look at what's going on on any particular public works project, and not to micromanage it, but -- not to micromanage it again, but to look at it and see if I can offer any suggestions to them for maybe making things a little better. When I say I've had oversight for planning and development and operations for some large projects, I'm talking about a large regional June 14, 2022 Page 148 airport that now contributes over $1 billion a year to the North Carolina economy. I'm talking about working with large entities like the Charlotte Motor Speedway to help them grow their attendance from 125,000 attendees at each race to well over 250,000. That in and of itself brought a lot of tourism dollars to the Concord/Cabarrus County area, but it also had the spillover effect because it -- bringing in OPM, other people's money, if you will, it filled up all the hotels and motels within a 100-mile radius of where that speedway's located. I don't mind cold calling. I've called developers. I've called builders. I've called economic development entities, if you will, and recruited industry to come to my prospective cities and counties where I have worked. I've gotten numerous examples of it, and I think that's not just being a manager but also being a leader, because I've been told by our governing bodies in the past that, you know, we needed to grow. What were we going to do to grow? And I know from Collier County's perspective, you've got some issues that you have to deal with, like affordable housing that we talked about. I've had experience in affordable housing, so I think I can bring something to the table there. But I would want to work to preserve the environment you have, because a lot of people, tourists, if you will, visit Collier County as well as other parts of Florida because of its pristine environment, and you don't want to destroy that in any way, shape, or form relative to growth opportunities. I have got a pretty good background in financial management and creative/innovative measures. When I was in South Carolina as a county administrator, the county I was representing there as its county administrator owned an independent living center and -- let's see -- an independent living center, a nursing home, as well as a dependent living center. And I found out that they were heavily in debt with a high-level debt that they were paying an enormous June 14, 2022 Page 149 amount of money because of the interest rates. I was able to come up with a special purpose revenue bond issue that -- because I was told to by the county commission there that I couldn't use taxpayer dollars to save it, but it couldn't close. So I came up with that special revenue bond process, and we issued it at reduced interest rates from, like, 8.75 percent to 4.625 and reduced the term from near 30 years to 23 years, which ended up over the life of the bonds saving the county over $10 million, which was fairly significant. A few months later I was able to use the same process, because the county also owned a hospital, to refinance its debt, which wasn't as onerous, if you will, of the other entities, but still yet I helped it, and it ended up saving the hospital $3 million. And for those, I received the bond buyers' ability (unintelligible) that year, one of them for the southeast, which was really significant, because over any given year, there's about 10 million -- I'm sorry -- over 100,000 bond issues every year that's issued in America as well as Canada. And those are the types of things that I'd like to be able to bring to Collier County as your next manager. And with that, I know you all have my resumé, cover letter, et cetera, and some previous discussions, and I'd like to make myself available to answer any questions that you may have at this time. CHAIRMAN McDANIEL: Anybody? Commissioner Solis? Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I had a nice conversation with Leonard over the phone a few days back, and one of the issues that I wanted him to address and I think perhaps needs to address with the Commission as a whole. You served as an interim city manager in Woodbury, New Jersey. That's where you're serving now. And then you were an interim manager in Port Richey. In Woodbury, are they looking to ultimately move you into the June 14, 2022 Page 150 permanent position, or why are these two listed as interim manager positions? What's the story there? MR. SOSSOMON: In Woodbury -- this is the farthest north I've ever lived in my life, and I'm a southern boy at heart and also -- so they've actually talked with me about staying on in more of a permanent role, not just interim, but -- and they're still discussing it at some level behind closed doors, if you will, to make a decision, but I'd really like to get back to either Florida or one of the other southern states where I have worked, like North or South Carolina. I like the operational methods there that have been set up by the states versus the ones in New Jersey. I'm happy here. I'm doing a good job. I have actually made a number of accomplishments in terms of doing the annual budget and also in terms of reorganizing the fire department. When I arrived here, I was presented with a 50-some-page audit from the state fire services department, and we had significant problems. I've been able to replace that fire marshal with another fire marshal who's doing a great job, as well as a fire administrator. The difference is is the fire marshal actually takes care of all the inspections and reports on the inspections or properties in the city, and the fire administrator takes care of day-to-day operations for me. So I could stay, but I would prefer to relocate, like I said, either to Florida or North or South Carolina. Port Richey, from day one I was to be the transition, if you will, from the old regime that had gotten itself into some hot water with the state. As a matter of fact, the mayor there was removed as well as the vice mayor, and some city council members left. So when I arrived, they had not even started their budget, and the budget -- and this was, like, in June. The budget, according to their charter and state law, needed to be presented to the city council in a balanced fashion by early August. June 14, 2022 Page 151 Well, I had, like, six or seven weeks to put together a budget and do that. I accomplished the feat and went ahead and adopted the budget the next month so it could take effect on October 1. But there, like I said, I was sort of kind of the transition team to get them from the old regime, if you will, to the new regime, and I accomplished that. While there, I resurrected, if you will, several of their projects that had gone by the wayside because of lack of initiative, from my perspective, and one of them was canal dredging projects that had been sitting there, and another one was their waterfront district. They were wanting to change it and put pathways as well as other features into it, and I was able to get both of them back on track and pass it all to the incoming manager when he stepped in. COMMISSIONER SAUNDERS: All right. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor? COMMISSIONER TAYLOR: You have another career also that you're working in at the same time your interim county -- interim -- I'm sorry -- interim -- yeah, city manager, not county manager. And I know you explained it, but I think it would be very helpful for you to explain your involvement in the private sector at the same time that you're involved in government. MR. SOSSOMON: Yes, ma'am. Two examples there. One was in the past I did work for a couple private-sector developers in between my stints as a city or a county manager, and I was very successful in that career in developing projects as their COO. The one that you may be referring to more directly would be a company by the name of Jordan Brown. That was a consulting company that I also used to consult with cities and counties in North and South Carolina initially helping them with zoning ordinances and subdivisions regulations, as my background was in planning. June 14, 2022 Page 152 Along that process, I also was able to do something that I was advised to do by one of my earlier professors. He said, if you're going to be a city or a county manager, there may be a day when you need to have something to fall back upon. And I said, well, what would be a good one? And he says, well, you know something about real estate, so that may not be bad. So my family is involved in a business in real estate in North and South Carolina. I don't own any property in Florida, so I don't think there's a conflict of interest there, and I actually do not have to work in that business. If I take a job somewhere, then I'm relieved of that position, or if I decide to leave on my own accord, then I can step back into it and start that process all over. So I'm very blessed, if you will, to be in that position. COMMISSIONER TAYLOR: Thank you. MR. SOSSOMON: Yes, ma'am. CHAIRMAN McDANIEL: Well, thank you very much, Mr. Sossomon. I appreciate you coming and speaking with us today. Dr. George, we're going to take a court reporter's break before we -- Terri's looking at me cross eyed here. So we're going to take 10 minutes. Let's do 12. We'll come back at 2:50. (A brief recess was had from 2:38 p.m. to 2:53 p.m.) MS. PATTERSON: You have a live mic again. CHAIRMAN McDANIEL: Yes, ma'am. And, Dr. George, you're going to wait for our colleagues to arrive, one of which has arrived, and the other one I'm sure is listening and heading this way before we go too awfully far into it. I appreciate your indulgence. And I think the County Attorney set -- aren't we having some policy discussions about administration on conduct during the meetings? Maybe we need to address the Board's conduct in June 14, 2022 Page 153 timeliness in returning when the Chair -- COMMISSIONER TAYLOR: I was arriving when you -- when you -- I heard it. CHAIRMAN McDANIEL: Three minutes late. COMMISSIONER TAYLOR: I'm not. CHAIRMAN McDANIEL: Well, Commissioner LoCastro is. COMMISSIONER TAYLOR: There we are. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: Let's keep that very straight. Now we're ready. Is he not picking on me all day? CHAIRMAN McDANIEL: Yes, he has been. COMMISSIONER TAYLOR: I say yes. CHAIRMAN McDANIEL: He has been. Dr. George, the floor is yours. DR. YILMAZ: Thank you. Thank you, Commissioners. And it has been honor and privilege having listed by every single commissioner being on your list, given a chance for wonderful opportunity for a job that is above and beyond myself. And I'm going to start with -- I'm going to start with introduction of -- very brief, myself, for the audience, and the public listening, as our commissioners are very much familiar with my background, skill sets, and understanding and depth and knowledge, but I'll take about 90 seconds to go through some of the fundamental qualifications that I have to share with the audience. I'm an enterprise business manager running largest enterprise businesses in Collier County, including Collier County Water/Sewer District with $1.49 billion assets and recovery in terms of amortization and depreciation recovery at the rate of 50 to $80 billion annual appropriation under our R&R program. And, furthermore, we have $302 million operating budget that we are managing under my leadership, and the leaders work with me. Hundred fifty June 14, 2022 Page 154 million-plus dollars annual capital program is being executed, average annually including water, sewer, solid waste, irrigation water, facilities, constitutionals. We do have $1.49 billion assets that we're managing, and we're managing it actively. As Fitch and Moody rates -- Moody rates would show that we're not behind in our appreciation nor depreciation of such a large asset spread out over 86 square miles. That's a great success story for the policies this board made. Furthermore, we have $860 million government facilities that we're managing assets. We started that process about 23 months ago. We have some ways to go. Commissioners, that is equivalent to 947 structures occupied under our Facilities Management. That's equivalent to 4,861 square feet building space management for constitutionals and our government entity. I did want to paint the picture of your department head managing a significant amount of enterprise business among others, including ad valorem, tax base funding, and Florida Legislature mandated constitutionals, Facilities Management, and meet their needs, including Sheriff, public health, safety, welfare. How do we do that? I have highly skilled, highly trained dedicated utmost professional all-American workforce who wants to be the best and be part of the best of the best organization, 590 strong. And we have 132 contract employees want to be part of our team. Every chance they have, they want to be part of our county team. I have senior executive capacity directors. They are between four to five stars. I call them carats, that we shape and made them shine out of diamond in the rough. We have 21 senior managers 24/7/365 successfully delivering mission critical life-sustaining services, water, sewer 24/7 at the pressure for public safety, fire. Wastewater services in compliance. June 14, 2022 Page 155 Garbage services, 40- to 50,000 collections a day where very few complaints comes to our County Manager's Office and your offices. We make it look easy. There's a lot of logistics all the way from crew leaders to senior field crew leaders/managers. I will briefly touch upon what drives them to be where they are and give you the best services you deserve. I want to show a picture. And I'm sorry, Commissioner Taylor, I'm going to pick on you on this one. That's a beautiful picture of old Collier County Courthouse. That was within 72 hours after Irma. I use iPhone with no filters; took that picture. I fall in love with it, and I put it on this picture. And I think, ma'am, it might be one of the pictures competing with your pictures, but my opinion, I think it's one of the best pictures I have better than yours. And other piece I did want to put to the right side is that we talk about hurricanes, we talk about risk management, we talk about readiness. I have two layers there, which I'm not going to get into one, deals with hurricane Andrew, and within 18 months, mostly within six months, all those hurricanes were a threat to Collier County. We managed it, we mitigate it, we had lessons learned and moved on. When Hurricane Andrew moved, we didn't have means and methods for debris mission. We didn't have debris mission contracts, monitoring contracts, and we didn't have such a hard time to recover as much as we could recover from federal and state government. The next picture, which I'm not going to get into very similar to that, is Wilma surrounding all other storms, provided significant risk to our county government. We were fortunate in Wilma. We had Phillips Jordan, AshBritt, among others, crowded the gulf, three debris mission contractors already hired competitively approved by FEMA in our recovery rate for that direct hit Cat 4 M Class Wilma June 14, 2022 Page 156 was 96 percent. I just want to share that with you that experience does matter, and every event is different; however, diverse experience prepares you for unknown and you're ready for the known. This position, county executive, chief executive county manager is all about future. And I'm going to suggest today, respectfully, that when I'm county manager I will change the vision and the mission of the County Manager's agency, not the Board. County Manager's agency has not been touched more than 20 years. There has been micro and macro economic changes, demographic changes, financial changes, and growth changes. It's time for us to visit what is truly our vision/mission are at county manager level and the Board. So vision is the best county governance and enterprise business in the state and nation for current and future customers recognized by our peers. It's not just the words, and words do matter, as Commissioner Saunders says. We have been award-winning organization in so many areas that we have proven we can be the best, and we ensure that Collier County is well positioned to support intelligent growth and the future community and our current community of Collier County taking care of utmost customer care and service with no compromise. How we going to achieve our mission and vision? Priorities are high level, five among others. CHAIRMAN McDANIEL: Your -- with due respect to your colleagues who have presented, sir, wrap it up, please. DR. YILMAZ: Got it. Financial and fund management excellence, growth management concurrence, infrastructure planning and execution, enterprise asset management, all that four will lead us operational excellence for outstanding, exceptional customer service, and we June 14, 2022 Page 157 have proven that happen as well. However, that's with laser focus on public health, safety, welfare. I don't consider public health, safety, welfare priority. I consider they are the filters for everything we do as we set our priorities. Leadership with integrity, service with credibility is our north star, and we're here, lead to serve. Drivers for propelling the organization would be smart funding, exceptional enterprise management and, as importantly, one example I want to give you -- George, what's your example? Last seven to eight years, we were able to work very hard, planned, and we're ready to provide service to Hogan Island Rural Village, Sky Sail, Rivergrass, Longwater, Bellmar, villages and towns, and, Commissioners, you can see Sky Sail right next to Rivergrass. We already installed 136 water meters, and our customers getting our garbage, municipal solid waste, water/irrigation water service that was thought to be impossible. Next six months I'm just going to recommend our board adopt new vision/mission guiding principles, initiate integrated financial master plan and corresponding infrastructure and O&M so that they are not separated from each other. CHAIRMAN McDANIEL: Thank you. DR. YILMAZ: Invest in priority visionary infrastructure and, more importantly -- CHAIRMAN McDANIEL: Dr. George, I really apologize, sir, but -- there you go. There's the most important thing of this -- that all right there. DR. YILMAZ: And then, most importantly, it's all about the future. And Qwentin Nash Carttright Yilmaz -- I'm going to pick on our Commissioner LoCastro, he has been encouraging me for Air Force Academy, but I'm almost convincing him to give me the June 14, 2022 Page 158 recommendation letter for West Point. CHAIRMAN McDANIEL: Thank you, Dr. George. DR. YILMAZ: Yes, sir. CHAIRMAN McDANIEL: Commissioner Solis, anything you'd like to ask, discuss? COMMISSIONER SOLIS: No, other than that look on that picture, that's a look of somebody that's already calculating cubic feet for a permit. Clearly. No, Dr. George, thanks for the presentation. I mean, you're -- you know, what you've accomplished in utilities is well known and well documented, so thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: So you said the staff or the organization of the county hasn't been aggressively attacked in 20 years, or I think that was -- I think that was your quote. So I saw specifically, or maybe less specifically, some areas to attack. Let's get more specific. So I see what you would do in the first six months, but let's just hear from you directly. Much like about what I said to Ms. Patterson and Mr. Rodriguez, you know, you've worked here such a long time, so the advantage the three of you have and the external candidates don't have is they haven't had visibility to the staff for 10, 20, 30 years. So what would be the areas that would be your immediate, you know, focus? And not just the areas, but what would you do? You know, we heard from both of the other internal candidates of what they would do with the staff and some other reorganization type things and some departments that could use a little bit of -- a little bit more attention or whatnot. What would be the things that you would immediately do that you think we actually should have already done a while ago but just didn't -- that we would do under your leadership? MR. YILMAZ: Great question, Commissioner. June 14, 2022 Page 159 I think we're about 15 years behind. We can recover what we could have done and we should have done last 15 years. For all good reasons, we could not: Financial, recession, and what have you. There's a big gap between our critical infrastructure and our growth rate and demand on our growth. I think that we need to initiate as early as possible integrated financial master plan. That will be first in Collier County. That integrated financial master plan is not going to be based on tax values and what have you. It will be how much revenues we're bringing, what are the Board's priorities for us to invest, and I rank those priorities so that we can go after them as early as possible, filtered through public health, safety, welfare. A good example, Commissioner, is that taxable value going up by 13.9 percent. Our Enterprise Funds did go up about 2.9 to 3.2 percent. The difference between revenue centric and budgeting based on revenues coming in and constrained expenditures based on arbitrary and capricious, 2.5 percent you're going to get, and we'll do what we need to do with the rest of the funding. That has to be discussed with this board, and let's run this county truly like an enterprise business as we have proven that we can. And that will be one of the first things I would do, starting with integrated financial master planning, move it to budget and appropriation process, and making sure that Board has full visibility. Low-hanging fruit and top-hanging fruit on the top so that we don't spin our wheels going after low-hanging fruit. We keep our eyes on prime harvest. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I think I may -- first of all, thank you for all that you've done at the Public Utilities. As Commissioner Solis had indicated, it's well documented -- DR. YILMAZ: Yes. June 14, 2022 Page 160 COMMISSIONER SAUNDERS: -- and I certainly appreciate that. You've managed a lot of major construction projects. So what type of methodology have you used to make sure those are on budget and on time, and how would you -- what would that translate to in regular county projects? DR. YILMAZ: Great question, Commissioner. It is scalable, adaptable, adjustable. We have used PMI, Project Management Institute, standards, and we have encouraged all of our projects to receive project management professional certification in addition to professional engineering certification. That is an institution, national institution establishes framework understanding from finances and cradle to grave how to manage a project. Every project has to have one project manager fully accountable, fully empowered with logistics and support to them through financially, administratively. That's where I think, relatively, we have been more successful. We're all humans. Even before we are born, we have hiccups. But the bottom line is, can we get it to the point that we do routine things routinely and nonroutine things done routinely because of the fact that, in project environment, there are a lot of unknowns, uncertainties. Plan for it. But we don't have to reinvent the wheel, Commissioner. We will simply follow Project Manager Institute guidelines, training program, their certification for PMP, as well as our state licensure PE, licensed professional engineer, licensed professional hydrologist, licensed environmental professionals. All those professionals already trained hit the ground and running and make things happen. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: How are you going to manage a government as an enterprise business? June 14, 2022 Page 161 DR. YILMAZ: Commissioner, I think it's nature to us. It's a transformational shift. The General Fund, not just Collier County, cities and others, they approach budgeting by looking at how much taxable values we have. Then we look at rolled back millage. Then there's a political discussion in terms of policy making where we will not be. What is lost in that discussion, what is it that we're trying to provide service to our customers? That's the significant difference between Enterprise Fund management and ad valorem based government services. In Enterprise Fund management, we know that we're going to provide high-quality water, always safe 24/7 ready for baby formula. No compromise. There's a cost associated with it. It might be 2.9 percent. It might be 7 percent. It might be less than last year. That's the revenue-centric approach to it. So I think that we're very fortunate in Collier County that we do have our taxable revenue in the form of ad valorem taxes, one of the highest for going into this year, 13.9 percent. The policy's going to be, what are the business drivers and what are the customers demand as a service based on those priorities we mentioned, screening public health, safety, welfare. Not nice to have, but what are the truly most important priorities to our customer base? Do we have a bridge out there under standard that needs to build now, or are we going to invest in additional football field? I'm not saying one is worse than other or better than other, but those are the policy decisions this board needs to be laid out clearly with pros and cons, economy financial portfolio, and through some scientific random survey, test the waters with our public, what is most important to them before we invest that surplus money. COMMISSIONER TAYLOR: Thank you. Thank you. CHAIRMAN McDANIEL: Anything else? (No response.) June 14, 2022 Page 162 CHAIRMAN McDANIEL: And with that, thank you, my friend. DR. YILMAZ: Thank you. Thank you, Commissioners. Great opportunity. MS. LYBERG: Thank you, Commissioners. That is all the presentations for this afternoon. You have before you a decision to make about what you'd like to do next. You can debate today. You can -- you've got a lot of opportunities, and I think I'll just leave it for you for some discussion of how you'd like to move forward. CHAIRMAN McDANIEL: I think that's a fine segue into us. And before -- after we went to break, the mics were still on, and you were heard asking the question as to whether or not we were going to make the decision today. So for future reference, all of you remember to treat every microphone as if it's on. COMMISSIONER TAYLOR: No, that's fine. I mean -- CHAIRMAN McDANIEL: No, no. We didn't do anything wrong. I just wanted to say, you know -- COMMISSIONER TAYLOR: It just wasn't on the agenda, and I wasn't sure. CHAIRMAN McDANIEL: As you and I talked before, you know, my mother's watching, and she's heard me say some things as well after the gavel's been hit and chided me for it. So I think we should have some discussion about how we wish to proceed. I'd like to hear from all of you, necessarily, if we can, if you care to, to assist with making this decision. Commissioner LoCastro, you're going to get to go first. COMMISSIONER LoCASTRO: Okay. Amy, first I'd like to just say thank you for what you and your team did to pull together the candidates and the process and get us all information, do the background checks and whatnot. You know, one of the questions that I asked the three external June 14, 2022 Page 163 candidates is how'd you find out about this job, and they all gave the exact same answers: Oh, this one wasn't hard to find. It popped up on my radar immediately. So one thing I'd say is, you know, it was debatable whether we should get a headhunter company or whatnot. If I owned a headhunter company, I'd be watching the same sites and things that these guys were all watching, and if I thought I had some stellar, amazing candidate, I would have helped that person apply and, you know, that's what headhunter companies also do. It's not a matter of just hiring them. So, you know, but getting off of that, I just want to say I think you did all the right things. Even the 40-plus candidates that came to us, there were incredible county manager finalists in that group. So the six that are here, you know, I think we've probably all said the same thing, you know, I think any one of these six would make successful, you know, county managers. So I'll just start by saying, you know, thank you for everything you did, You know, none of us expected to be sitting here in June talking about another county manager. Having said that, I'll just throw this out here for my colleagues maybe to just sort of chew on. We're meeting on Thursday for the budget meeting. Me, personally, I'd just like the idea to sleep on this, chew on what I heard today, and think about it not just, you know, do a quick knee jerk today. I don't think we're under the gun for anything. We're getting together on Thursday. I certainly don't need two weeks to think about it, but if we do 30 minutes on Thursday -- and like I said, this is just throwing it out there -- to either -- we give a list to Amy prior to Thursday like we did last time with our top three, and then we see if there's an automatic winner, or we just, you know, converse on Thursday and see if there's a consensus for, you know, an overall pick. But I'll just start the June 14, 2022 Page 164 conversation there. That was just my initial sort of brainstorm thought. CHAIRMAN McDANIEL: My initial brainstorm -- or thought on your brainstorm was it's difficult for -- I don't think we ought to be making a decision in a workshop format. Workshop formats are not -- they are public meetings, but we don't make decisions and take board action when we're not duly noticed and in session and so on and so forth. So if we don't make the decision today, we either have to call a special meeting, and it certainly isn't -- as you said, we're not under the gun by any stretch. We can make the decision on our next stated communication, which is in the latter part of June. So, personally, that's me. I wouldn't want to be doing it. How do you -- COMMISSIONER LoCASTRO: Well, I mean, you could make an -- you could alter the Thursday meeting just hypothetically, right, if we wanted to? CHAIRMAN McDANIEL: True. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: True. What do you-all think? COMMISSIONER TAYLOR: I'd like to wait a little bit. CHAIRMAN McDANIEL: Till the second meeting in June? COMMISSIONER TAYLOR: I don't know if that long. I mean, we could call a meeting. I mean, how long is it going to take us? We could call a special meeting assuming that it's -- you know, it's working with everyone's schedule. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: I'm very flexible. What everyone -- you know, it's up to everybody else. CHAIRMAN McDANIEL: Got it. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I want to thank all six of the candidates. As has already been June 14, 2022 Page 165 said, I think any one of you would make a great county manager, so we're in a great position right now to make the -- we can't make a wrong decision, and I like being in that position. I've seen public bodies chose between different candidates, and I've seen them come up with the worst of the worst possible candidate. In this case, we can't make a bad decision here, so I really thank the candidates for that. CHAIRMAN McDANIEL: That was well said, by the way. I concur 100 percent with you in that regard. COMMISSIONER SAUNDERS: But, obviously, we're going to pick one. So I would suggest -- I don't think we should call a special meeting to do this. We do have a meeting on Thursday. As Commissioner LoCastro has indicated, we can advertise that as a special meeting for this decision. I think that's plenty of time for us to make a decision. I think the alternatives would be let's do this on Thursday, advertise the meeting so it's duly noticed, or do it at our meeting on the 28th. I'm good either way, but I'm ready to move forward on Thursday. So that would be my first choice is to go ahead and readvertise that as a -- at least part of it as a special meeting of the Commission. CHAIRMAN McDANIEL: It would give the public notice as to when we're actually going to pull the trigger, too. COMMISSIONER TAYLOR: Yeah, that's -- CHAIRMAN McDANIEL: I mean, necessarily, I'm ready today. But if you -- if you want to, as Commissioner LoCastro said, sleep on it, then I'm okay with that, too. Again, we're not under any gun to -- COMMISSIONER SAUNDERS: I think doing it today would be a mistake only because this is advertised as an opportunity to listen to the candidates. There's no indication that we're going to June 14, 2022 Page 166 make a decision today, and so the public would really not be on notice that we're making a decision. But this way on Thursday it's proper notice, and I think we're ready to move forward with it. CHAIRMAN McDANIEL: And we can do that -- okay. So that -- the process is all okay with that. So I think that's the direction we'll move. Thank you, Commissioner LoCastro, for bringing that up. Commissioner Taylor. COMMISSIONER TAYLOR: One of the advantages of waiting till Thursday is that we did this, we all met these candidates, but now the community, the public is meeting them. And I think there is an advantage there because, if they so choose, the public can weigh in to us, and give -- you know, I mean, I'm always welcoming of that kind of input. So I'm -- we'll have a -- we'll have a workshop and a special meeting, right, on Thursday, and that's just fine. COMMISSIONER SAUNDERS: I guess one question would be, do we want to have the special meeting first before we begin the budget workshop? It probably would make some sense. COMMISSIONER LoCASTRO: That's what I thought, yeah. CHAIRMAN McDANIEL: It's really -- MR. KLATZKOW: Six of one, half dozen of the other. COMMISSIONER SAUNDERS: Well, it's just that we should notify the public as to what time we're going to consider this item. That's why I was suggesting that. MR. KLATZKOW: I think the budget's probably more important of a decision. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SAUNDERS: I still think we should maybe consider doing this first. CHAIRMAN McDANIEL: Let's do it first. I agree with you having a time-certain with regard to it. When we come in on the June 14, 2022 Page 167 budget workshop, we'll do it first thing, and then we'll be able to go forward. Again, it's six of one, half a dozen of the other. And, really, it's a workshop where we're hearing presentations from our departments with regard to the budget. We're not making any decisions. COMMISSIONER SAUNDERS: And I don't think we're going to be sitting here for an hour debating this issue. I think probably most of us have kind of narrowed this down. CHAIRMAN McDANIEL: Yeah. COMMISSIONER SAUNDERS: And so I think it will be fairly quick. CHAIRMAN McDANIEL: You okay with doing it first thing? COMMISSIONER LoCASTRO: Yes. I was just going to add -- to ask, last time we did this we provided Amy with sort of our top three, and we started the selection discussion meeting with here's what the top three were, and then it was obvious that we were zeroing in on Mark Isackson. Do we want to do that, or do you want to just come here sort of cold on Thursday with our own thoughts and just start a discussion and, you know, take a vote on Thursday, or provide something, you know, ahead of time? And to Commissioner Taylor's point about let's -- the public, maybe send us some notes, you know, over the next two days. I already got a note here, Dr. George, that your son really should go to the Air Force Academy, not West Point. So my in-box is blowing up from Air Force people, so that was a poor choice of slide symbols. But what do you think -- you know, last time we gave Amy a list -- or do you think in this particular case we come in here and just discuss? COMMISSIONER SAUNDERS: I would say that we just come in here and start with six. COMMISSIONER LoCASTRO: I kind of thought the same. June 14, 2022 Page 168 Yeah, last time was a little bit different of a dynamic. CHAIRMAN McDANIEL: I agree. I think -- I'm fine with just -- I mean, it's -- like you said, it's not cold, but I don't think we have the -- if we were going to, you know, belabor the decision or actually put it off until the second meeting in June, then maybe we could do that prioritization. But I'm fine with just coming in and discussing it and making a decision on Thursday. COMMISSIONER TAYLOR: I think that's -- I think not -- I would not -- respectfully, I would not agree with waiting until June, the second meeting in June. I think we need to give us a pause, but I think, perhaps, at least I think I'm ready to make a decision on Thursday. CHAIRMAN McDANIEL: I am as well. COMMISSIONER SOLIS: I am as well. CHAIRMAN McDANIEL: So we're all good with that. Thursday. First agenda item on Thursday's workshop will be the decision on the County Manager's job. COMMISSIONER SAUNDERS: First decision on the special meeting on the -- CHAIRMAN McDANIEL: Workshop. COMMISSIONER TAYLOR: The special meeting. No, it will be a meeting. MR. KLATZKOW: So we'll notice it as a special meeting for 9:00 a.m -- COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: -- to be followed by the workshop? COMMISSIONER LoCASTRO: Right. COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: Yes. COMMISSIONER LoCASTRO: I think it's good for candidates as well, too, not we're having them hang on till the 28th. June 14, 2022 Page 169 CHAIRMAN McDANIEL: Okay. Then that takes care of that agenda item. Ms. Patterson. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: Sorry about that. That brings us to Item 15, staff and commission general communications. I do have -- one item is just carrying on from the conversation with Mr. Mullins, a clarification on the My Safe Florida Home program, the question about the value, what it was based on, taxable, appraised. So let me just read this. My Safe Florida Home program value of $500,000 or less is based upon insured value, thus covering the cost of rebuilding the structure, not the market value or other value which would also include the value of the land. Currently, regarding the specific aspect, the MyFloridaCFO.com states, "Look for additional details in the application process." CHAIRMAN McDANIEL: A 10,000-foot view, it's the house not the land. COMMISSIONER SOLIS: That makes it even worse. CHAIRMAN McDANIEL: Why? COMMISSIONER SOLIS: The insured value is whatever somebody wants to insure their property for. CHAIRMAN McDANIEL: To an extent, up to half a million dollars. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: It doesn't include the land. And, I mean, I was -- COMMISSIONER SOLIS: I'm just saying, if I have a house June 14, 2022 Page 170 that's worth a million dollars and I only want to insure it for $500 -- $500,000, I could apply. CHAIRMAN McDANIEL: Correct. COMMISSIONER TAYLOR: Oh. CHAIRMAN McDANIEL: I see what you're saying. COMMISSIONER SOLIS: Yeah, that doesn't make sense to me in terms of what the whole intent of the $500,000 level would be, but okay. CHAIRMAN McDANIEL: I think -- well, further -- I think there's more information to come with it. I did hear that as part of it. MS. PATTERSON: Yes. Regarding specific aspects of this, the MyFloridaCFO.com, which is the website, states "Look for additional details in the application process," so it looks like it's more to come. CHAIRMAN McDANIEL: I didn't think about that. What I heard her say was it was more in tune with the replacement value of the house above and not inclusive of the land, which would bring a lot more people in on -- because the assessed valuation actually includes the land as well, so... MS. PATTERSON: It does. That's all I have. CHAIRMAN McDANIEL: Thank you for that update. County Attorney. MR. KLATZKOW: I have nothing, sir. CHAIRMAN McDANIEL: Okay. Commissioner Solis. COMMISSIONER SOLIS: Nothing from me. I would like to thank the candidates, though. That was -- those were great presentations from everyone, and it's a great -- I think Commissioner Saunders is right; it's -- we can't make a bad decision on this one. CHAIRMAN McDANIEL: Very good. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, I have some. June 14, 2022 Page 171 I want to end with echoing a couple things, and some of it we touched on it at this meeting. But in my meetings yesterday with the staff, to include the two deputies, or the Acting County Manager and the Deputy, I'm really focused on how we -- and Commissioner Taylor mentioned this in the meeting -- how we waive liens and fines. So I know Amy's shaking her head up and down yes. You know, the rock crushing's a perfect example, but, you know, just to reiterate, when we waive those -- and I know that -- you know, that Mr. Klatzkow's probably coming out of his seat here because he has a rebuttal to that at times which is, hey, we waived this much money, but it saved us this much money in litigation. That's legit. That has merit. But at times I think we're Santa Claus a little bit too much. We've got to remember that these fines matter. They also prevent people from breaking the law because they don't want to be fined, and also those fines generate -- that's taxpayer dollars. It's not county money. So when somebody owes us $50,000 in a fine and we want to be Santa Claus, we just took -- we just stole $50,000 out of the taxpayer pocket. And I know I need some bathrooms renovated at Caxambas. I bet I can do it for $25,000, so that's two bathrooms. And, you know, we need to look at it that way. And one of the things Dr. George said about running the county like a business, you know, that has merit, but it also has some arguable things. But where it has merit is if this was our company and -- oh, by the way, it is, and we're all the CEOs -- we wouldn't be waiving those kind of things unless our counsel said, listen, that's a bad move, you know. So I know that there are different, you know, type things. And then, secondly, I just want to say change orders -- and we talked a lot about this, but I want to just say it on the record. You June 14, 2022 Page 172 know, the example I used from my military days, so you have six companies that make a bid. Company 6 is the cheapest, and you go with them. All five higher companies all disappear, and then Company 6 a month later has a change order that now would have made them Company 2 and so -- and Company 2 that went away might have done a way better job than Company 6 that couldn't figure out, you know, the contract. Change orders happen, but they happen a lot of times when it's an unforeseen type of thing or it's relook at the project. There's a lot of things that come before us and it's like, oh, they just discovered some different turn in the road or whatever. Well, when they were making the bid, did they not do their due diligence? And so as, you know, Amy and I were talking, sometimes I think we've got to go back to these companies and go, too bad, so sad. If you need an extra 50 grand, it sounds like you're not going to make -- you're going to take 50 grand out of your profit margin. And so, really, we want to take a close look at that, because it should be less the norm and more the exception. And then lastly I'll just say, we want to continue to really vet things on the consent agenda. There's a lot of stuff on that agenda where in one fell swoop we approve a whole bunch of things, and sometimes I believe the things on the consent agenda that I have a question about should be on the consent agenda, but as I've said before, an extra line or two to sort of catch our attention, to have us do a little bit of a deeper dive or explain something so it just doesn't sound so black and white would really be helpful. And I know both of you are working hard on that with the staff, but I just wanted to sort of say that in a group here. It's a big pet peeve of mine, and I'm sure my colleagues as well, and I think that's an area where we can do a much better job, to be much more transparent and much more, you know, for lack of a better term, maybe businesslike with the taxpayer June 14, 2022 Page 173 dollars. But, yeah, that's my closing comment. Thank you. CHAIRMAN McDANIEL: Thank you. Did you think of something before I go to Commissioner Taylor? COMMISSIONER SOLIS: I did. With your indulgence, Mr. Chair, something Commissioner LoCastro just said reminded me that there was one thing that I wanted to bring up, and I've talked to staff about it, and it's about one of the things that was on a consent agenda. The AUIR was actually on the consent agenda -- COMMISSIONER TAYLOR: Yes. COMMISSIONER SOLIS: -- this year. COMMISSIONER TAYLOR: Yes. COMMISSIONER SOLIS: And I really think that that is something -- yes, we're one of the only counties that does this, and in the past -- I even think at one point the commission would have a workshop just on that -- COMMISSIONER TAYLOR: Yeah. COMMISSIONER SOLIS: -- because it was that important. And I remember Manager Isackson saying to me -- and I was shocked because he was somewhat in favor of doing away with it. COMMISSIONER TAYLOR: Yep. COMMISSIONER SOLIS: And I would urge that the Commission make that another priority and just have a policy that it not be on the consent agenda and that we really spend the time in the future of looking at that, because it all starts with the level of service, you know, and it translates, then, into the budget eventually. So I would hope that that's just one of those things that's just, as a policy, not going to end up on a consent agenda again. CHAIRMAN McDANIEL: To that end, Commissioner Taylor. COMMISSIONER TAYLOR: So, Commissioner LoCastro, when I got here, I would look at this agenda and I'd see, you know, June 14, 2022 Page 174 $100,000 of fines and, you know, we charge them 5,000. And I know I've had more than one conversation with County Attorney, and he basically explained that we are here for enforcement; we're not here to punish. And then I -- but I would get into reading them, and really reading behind and see what -- and, you know, I think they're fair. It's hard. It's hard. But when someone, you know, is in bed and is sick and paralyzed from an accident and has all these code violations going on, I think there's an even hand behind there that seems to be making these decisions, however -- COMMISSIONER LoCASTRO: Yeah. Paralyzed in bed is the exception. COMMISSIONER TAYLOR: One exception is today. And I'm going to watch this one really closely. I want that on the record. I'm not going to let this one go, because then we become easy marks. Then we become, well, I can just stretch it out, and they'll forgive it, and we don't want to become that. I wanted to thank the candidates also. It was a really very interesting and stimulating afternoon. The brain power in this room, I'm in awe of it, I really am. And you approach this -- you've all approached it in such a serious manner and with such great integrity, thank you. Thank you for that. It really showed. I don't think I have anything else to say. If I do I might remember it, but right now I don't. CHAIRMAN McDANIEL: Do you want to follow up on that? COMMISSIONER LoCASTRO: Yeah. Just a quick follow-up. I agree with Commissioner Taylor wholeheartedly. It's not about punishment, but there's a word out there that I think that we could enforce a lot more, and it's called accountable. And so there are a lot of time where it's not a paralyzed person in bed. It's a company who made a fool out of us, and then in order for us to just sort of get out of something quickly -- and we do have June 14, 2022 Page 175 examples of that. And it may not -- I'm not saying that it's -- it may not be the rule, but I just make the generic statement that I just want to make sure we're holding them accountable, because we have to remember this is not our money; it's taxpayer dollars. And I think if folks know that we always sort of waive things -- you know, with the exception of the paralyzed person in bed, there's some companies that know, oh, yeah, that $1,000 fine, that $500 fine or whatever, you know what, it doesn't matter what the number is. Then I sell the building. The new person comes in and promises to plant trees, and then the county always waives it, that's -- and we've set a precedent for that, I think, that people on the outside know, and I think we -- you know, we can't turn it on a dime and all of a sudden everybody's going to start paying us fines. And to Mr. Klatzkow's sage advice at times where he's like, hey, the juice isn't worth the squeeze on this one, we're going to fix this one and get a much better product and, you know, the fine is something that is superseded by so many other things, that's a no-brainer. But let's be watching for those things that -- maybe where we can't hold them accountable. And if the rock crushing thing's going to be the first one, you know, I'm all in favor of that, you know. So show me the check. MR. KLATZKOW: The Code Enforcement lien waiver is a board policy. When I first got here, we collected 100 cents on the dollar. Then we had a couple things going on. We had -- the Great Recession came, and we had hundreds of homes in foreclosure, and banks wanted to take them over, but they had hundreds of thousands of dollars in fines. So theory went, well, take it over, fix it up, and we'll waive the fine. The other thing that was going on was people who didn't speak English would wind up losing their homes over an unpermitted shed. And so then the Board policy changed. Well, okay, we'll go June 14, 2022 Page 176 from -- we want compliance, you know, more so than the penalties. But this is a total board policy. You can change it any time you wish. And there's a reason we bring these to you. The liens are owned by the Board of County Commissioners. And if you see a particular waiver that you think is more warranted for fuller enforcement or -- by all means, you know, pull it from the agenda and say, you know, this person is beyond the pale on this and, you know, we shouldn't be waiving it. We're happy to enforce. We used to do that. CHAIRMAN McDANIEL: Got it. Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. Thank you. I've got a couple -- I've got two items. One is at the City of Naples/Collier County Commission workshop we were talking about affordable housing, and it was brought up about the villages and the towns, and I said that I thought that that affordable housing/workforce housing type of requirement was somewhat illusory the way it was worded in the document. I didn't bring the document with me. I just left it in my office there. But it basically says that the developers of the towns and village have to set aside a certain percentage -- I think it's 2 percent of their property -- has to be set aside for workforce housing, but it's property that is sold down the road to a developer, and there's a price in there for that property to be sold to a developer to develop lower-income housing or workforce housing, and -- which basically means that there may never be any workforce housing in a town or a village. There's some property set aside for somebody to buy it to do that, but there's no -- there's no real guarantee. And I thought, you know, we've got a couple of those villages that we've approved. We probably can't do anything to change that, but I think we need to take a look at that language. I know Mr. Bosi just walked in. He June 14, 2022 Page 177 probably heard the discussion starting. I think we need to change that language going forward to -- I don't have a problem with the developer setting aside land, but I think it should be land that is deeded to the county as part of our land trust so that we can, then, decide what to do with it going forward for workforce-type housing. So, Mr. Bosi, are you here to talk about that, because you and I had not discussed this? CHAIRMAN McDANIEL: He sure is. COMMISSIONER SAUNDERS: Because I saw you run in. MR. BOSI: Thank you. Mike Bosi, Planning and Zoning director. I had heard that this was going to be a potential, because the Conservancy was at the AHAC, and they were criticizing the adopted policy related to the affordable housing commitment within the RLSA. I will say that the RLSA is the only subdistrict within your Growth Management Plan that contains inclusionary zoning, requires that affordable housing be provided. The original plan that the Conservancy was related to refers to a March 9, 2020, draft staff amendment where it had said that, essentially, 15 percent of the affordable housing would be provided for by the developer, and that was the requirement. What was adopted in July of 2021 was a little bit more elaborate. But it says that at -- the proposed town or village will set aside 2.5 percent of the total acreage of that village or town, and set aside and entitle that site at a minimum of 10 units per acre. And that will be made available for the county or affordable housing provider at 22.5 thousand dollars an acre. And I think the exception the Conservancy had was the county would have to purchase it. There's a couple, and I did a compare-and-contrast against the two proposals. And the March 9th draft -- and I actually have it on June 14, 2022 Page 178 the computer, so it might be a little bit easier for me to pull it up here. COMMISSIONER SOLIS: There's a requirement that the land be entitled? MR. BOSI: Correct. Entitled at 10 units per acre at a minimum. And so this is the March 9, 2020, draft requirement that the Conservancy wants -- would like the Board to go back to. And at the end of the day, what it yields, that 15 percent of the proposed market rate, it ends up yielding 13.4 percent -- 13.04 percent of the total number of units that are going to be provided will be -- will be affordable housing projects, income restricted, going to be provided by the developer. It doesn't have a term, but the term we've -- you know, we've settled upon and within the Land Development Code is 30 years. So that's 30 years set aside 13.04 percent. It has -- there's no time frame stated for when that -- when that's to occur, so that would be part of a negotiation during an SRA development. And the only cost associated with the county would be the monitoring that Housing staff goes about in interacting with the developer. Comparatively, what was adopted by the Board of County Commissioners -- and let me -- the next slide will show you -- at 10 units per acre -- and this is taking the proposed town agreement, which is for Rivergrass, Longwater, Bellmar, and Town of Big Cypress at 10 units per acre, the overall number of units that are provided is 9.51 percent. At 15 units per acre, you get 14.27 percent. At 16 units per acre, which the RLSA allows for the four units entitled by the credits as well as the 12 units that would be associated with your affordable housing bonus, you're over 15 percent of the total units. So what was adopted, you actually get a higher yield if you ask for the maximum entitlement of 16 units per acre for those individual June 14, 2022 Page 179 sites. And here's the other point that -- I think the key. Aside from the 22,5- -- and I'll give you a comment upon that -- it's going to be made first available to the county. You know what that means? It's not a 30-year commitment. That availability to the county means that we get to hold those units in perpetuity. The other aspect that I didn't point out, one of the requirements for the March 9, 2020, commitment was 50 percent of them was going to be dedicated to 80 percent of AMI. That was a fixed number. What's been adopted gives you much more regulatory flexibility. What you can do is if you requested 16 units per acre on that 87.8-acre site, if you purchased -- if you purchased that -- no, if you acquired that, put out an RFP to an affordable housing provider who had wanted to partner with the county, and you could pass that cost on to that individual, that affordable housing provider and maintain it in perpetuity. And you know what else you could do? With that provision, you could take 20 percent of those units, dedicate them to the 30 percent of the AMI. That's your dishwashers, that's your custodial. You could put 20 percent to 50 percent. That's your -- a little bit upgraded, a little bit higher in terms of first -- a first-year first responder. You could take 20 percent, allocate it to 80 percent; take the next 20 percent, allocate it to 100 percent; and take the final 20 percent, allocate it 120 percent. You've got income stratas out through there in perpetuity at the control of the county. Now, it does have a cost, and maybe we could work on that cost perspective, but in comparing and contrasting, I'm not sure if -- I'm not sure if the Conservancy understood the full policy of what we were being asked, because they focused upon the cost. And their criticism was, that's an additional cost to the county. June 14, 2022 Page 180 Well, that's only additional cost to the county is if we decided we were going to buy it, we wanted to hold it, and we weren't charging the provider that we selected a cost associated with that land. So in regards -- I think there probably is some room for improvement, but if -- comparing the two -- the proposals, I don't think that there's a glaring disparity. And I think the proposal that we do have, the regulation that we do have, requires that it be set aside, requires that it be entitled at a minimum. The negotiations that you have with the developer could set it up to 16 units per acre, and it could -- like I said, it could be in perpetuity where you will have income-restricted units for as long as the county deems appropriate. And so comparing the two, I think there is a gap. There is a gap, and the gap -- and their focus was on the price. And I understand where the March 9th proposal did not have a cost to the county, but I think the cost isn't necessarily guaranteed on what we currently have. COMMISSIONER SAUNDERS: I don't have any issue with what you've just said. I think that we can improve the language, and that's why I brought this up. They're setting aside two-and-a-half percent of the property. I think going forward -- you know, I don't know how that property is defined, where it's located, but I'd like to see the potential for that property being deeded to the county as part of our land trust as opposed to just simply being set aside at some future date. So I wanted to bring this back just to see if we can tweak this language, but I understand what you said. I'm not disagreeing that the number of units, potentially, are greater with what we have now, but I think we can improve what we have. That's all. MR. BOSI: And I would agree. This is a Growth Management Plan provision, so it would require a Growth June 14, 2022 Page 181 Management process. We are now in the process, and we're close to having LDC amendments to implement the GMP policy. I could work with the County Attorney's Office to see if there's any room within the rational nexus of the GMP policy to see if there is more specificity in the LDC to say that the land shall be made available to a community land trust. We'll have to see if there's enough room to wiggle. But if it does require a Growth Management Plan, that's a -- that's a much tougher environment, because I think we all know how long it took us to get to the first GMP amendment. COMMISSIONER SAUNDERS: And we're talking about developments that are 10, 15, 20, 50 years down the road. MR. BOSI: Yes. COMMISSIONER SAUNDERS: It's not like we have two days to figure this out. MR. BOSI: Yes, sir. COMMISSIONER SAUNDERS: I'd like to come back just to reevaluate how we're handling the workforce/affordable housing in this RSLA [sic] to make sure that we're getting as much as we can get. MR. BOSI: Yes. COMMISSIONER SAUNDERS: That's all. That was number one. CHAIRMAN McDANIEL: Before you go there, Commissioner Solis has a comment on this. COMMISSIONER SOLIS: Can I just ask a question related to this? CHAIRMAN McDANIEL: Sure. COMMISSIONER SOLIS: The 22,500 per acre, that's kind of an option to the county? I mean, we can buy it -- the 87.8 acres at 22,500 per acre for how long? Is that forever? June 14, 2022 Page 182 MR. BOSI: That's forever. And it's in the town -- the town agreement that this Board of County Commissioners signed -- and this was arranged before I came on at the end of last year. The town agreement that you guys had signed with them means that that 87.8 acres will be made available to you for 22,5- with a minimum of 10 percent -- 10 percent or 10 units an acre. You do the math on that, that valuation, that's just under $2 million for close to -- COMMISSIONER SOLIS: Didn't we pay over 11,000 an acre for Pepper Ranch? CHAIRMAN McDANIEL: Yes, yes. COMMISSIONER SOLIS: Okay. I mean -- CHAIRMAN McDANIEL: This is titled land. COMMISSIONER SOLIS: My impression is, we should buy that as soon as it's available. CHAIRMAN McDANIEL: Well, absolutely. You see the positive head nods. COMMISSIONER TAYLOR: And we have the money. CHAIRMAN McDANIEL: Well, we have the money. COMMISSIONER TAYLOR: There's an advantage, also, of keeping land and not selling the land, because then we are in control. It's very similar to what we're doing at the Golden Gate Golf Course. CHAIRMAN McDANIEL: Right. And that's a -- COMMISSIONER SOLIS: Control is -- CHAIRMAN McDANIEL: -- big benefit. The big benefit I see here is in perpetuity. We're not -- you know, any other -- any other affordable status is held in a minimum 30-year hold. This allows us to acquire this land and then, as Mike said, pass that expense on to a developer if we choose or take it out of funding that we have appropriated already to be able to -- to be able to utilize it in other places, so... COMMISSIONER SOLIS: As soon as it's entitled, I would say June 14, 2022 Page 183 we exercise our option. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: Thank you. CHAIRMAN McDANIEL: That was one. COMMISSIONER SAUNDERS: So I'm not sure if the consensus is to bring that back or not. COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: Are they coming back for the town conversion? MR. BOSI: Oh, the town conversion will be before you sometime early -- late fall, early winter. We're finishing up, I believe, the third review on that, and the fiscal analysis is being performed. So we are -- we're close to bringing that. Within six to eight months it will be before the Board of County Commissioners. COMMISSIONER SAUNDERS: All right. So this language will come back? CHAIRMAN McDANIEL: Will this language come back within that town conversion? MR. BOSI: Within the town application, no. The town application is based upon this language. What you're -- what you're looking for is in suggested improvements to language. CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: We're going to have a whole lot more villages, a whole lot more towns, and so I'd like to see if we can improve this language going forward. I don't think we can change it for the existing ones, but we have a lot of them coming forward. CHAIRMAN McDANIEL: Oh, sure, there's several. MR. BOSI: And just so I could have an understanding, is it simply the fact that the county has to purchase the entitled land? That's the rub? June 14, 2022 Page 184 COMMISSIONER SAUNDERS: That's part of it. But, you know, maybe -- I just think we need to revisit how this is structured. Now, that's part of it. MR. BOSI: Understood. CHAIRMAN McDANIEL: So you -- COMMISSIONER SAUNDERS: It would be nice if it was deeded to the county at the outset and included in our land trust, and going forward I want to explore whether developers would be willing to do that. CHAIRMAN McDANIEL: I think something we can certainly talk about on the new -- there's two rural villages coming in the RLSA, and then at least two others coming in the Rural Fringe Mixed-Use District, which is a separate land-use plan, but there are four, maybe five coming at us here in the next 12 months, so... COMMISSIONER SAUNDERS: All right. The second one, and I see -- CHAIRMAN McDANIEL: Wait one second. Commissioner Taylor's looking -- COMMISSIONER TAYLOR: No, that's quite all right. I did have a quick conversation with our County Attorney and, basically, the laws changed. So whatever has to do with affordable housing with any developer, we have to compensate. They can't give us anything. We can't demand that they give us anything or deed it. We have to compensate them for what they do, so just -- COMMISSIONER SAUNDERS: Understood. COMMISSIONER TAYLOR: But this could be part of the discussion so we can just kind of clean this up and bring this all forward. I think it's very healthy. Thank you for that. CHAIRMAN McDANIEL: That was a good presentation, by the way. MR. BOSI: Thank you. June 14, 2022 Page 185 COMMISSIONER SAUNDERS: All right. Second item -- and I see Ms. Lewis in the audience here. We had a conversation -- Jamie French was involved in that -- concerning the demolition in the Naples Park area that we've all talked about. The particular lot that she had brought to our attention, from what I understand, all the demolition material has been removed because that demolition part of that project has been completed. Now it's staging of material for construction. Everybody understands that staging for construction, bringing material in, you have to have that. But my takeaway from the conversations with Mr. French is that we do have some problems with these lots that we're staging for demolition material and construction. They can get permits for up to two years, and it can be rather disruptive. So Mr. French and I had some conversations about how to streamline this, how to restrict it, how to encourage contractors to remove the material more quickly. So I'd like your -- Mr. French, if you wouldn't mind, kind of your analysis of what we can do to fix this process. MR. FRENCH: Sure, thank you, Commissioner. Again, for the record, I'm Jamie French, your department head for Growth Management and Community Development. Commissioner Saunders, you and I and Ms. Lewis did have a conversation about that yesterday, and I've also had a few conversations with Commissioner McDaniel about that. I think we had one yesterday, in fact, sir. CHAIRMAN McDANIEL: We did. MR. FRENCH: The intent -- and so staff has looked into this, and the LDC does support this type of activity for these vacant commercial -- I'm sorry -- vacant residential lots. And by the minimum standard of the Land Development Code, that temporary-use permit -- and there are a number of things covered June 14, 2022 Page 186 within the temporary-use category. This just happens to be one of them. So the staging of construction material is allowed, especially with these types of projects. And I've spoken to the Board about this before in previous meetings. But one of the ideas that had come to mind that we were talking about was -- and thanks to Commissioner McDaniel for bringing this up in conversation -- was the processing -- and I don't -- I want to be very careful with the word "processing," but the utilization of that property to store construction debris -- so C&D, construction and demolition material -- that would need to be separated, sorted, and then hauled off to different places. And, typically, what we saw in the video that was provided to the Board and to staff was they were making concrete maybe a little smaller to get more of it into the truck or maybe making some -- crushing some pipes or knocking concrete off some culvert pipes. The idea might be, based off of our conversations, was perhaps we don't allow -- we make those amendments to the Land Development Code to not allow for the storage of construction debris on those lots but have those actually processed right there. So when they're removed, they're loaded in a truck, they're taken off to an off-site. And so the lots may still be used, and staff would continue to encourage that, even though I know I'm sticking my neck out here, because it will expedite your construction process that much more efficiently. But the actual removal of the -- the moving of the debris, putting it on that lot, and then taking it and then, you know, trying to separate it so that they can get a more efficient load, it may -- it may increase your cost of your projects, it may put more trucks on your roads, but that is something that the Board should consider. Now, we will take that -- the intention was was that we June 14, 2022 Page 187 would -- based off of this board's direction, we'll take it through the Land Development Code process as far as an update. It would be a Board-directed process, and we would take it to your development services subcommittee, then to the full DSAC committee, to the Planning Commission, and then back to the Board for consideration, if that's the will of the Board. COMMISSIONER SAUNDERS: I'd like to see us do that. CHAIRMAN McDANIEL: Me, too. That's my number-one thing, and -- are you good with that? Because my suggestion is is that we, forthwith, disallow the temporary use of C&D processing on these temporary permit -- temporary-use permits. Storage of materials for construction, pipe, so on and so forth for new going in, that's one thing. But the actual practice of the C&D, which is the processing of the construction debris, needs to not be done, not be allowed any more, just discontinue that practice until we can get the necessary LDC amendments in place. There, again, I have a lot of experience in loading dump trucks. And I watched what Nancy showed in that video, and I saw what was going on. So I think if we just, for now, actually, discontinue the utilization of C&D on those temporary-use permits, that will solve a lot of issues that we have going forward, and then we can certainly talk about unintended consequences that might come at a later date. COMMISSIONER SAUNDERS: I don't know if you can do that with the individuals that have existing permits. CHAIRMAN McDANIEL: Oh, no. No, the ones that have permits, we're already -- we're sitting there looking at them. COMMISSIONER SAUNDERS: I'm talking about going forward -- CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: -- evaluating how better to solve this. June 14, 2022 Page 188 CHAIRMAN McDANIEL: Sir, go ahead. You hitting your button? COMMISSIONER SOLIS: Is it lit? CHAIRMAN McDANIEL: It's lit. COMMISSIONER SOLIS: Since this is in my district, I'd like to be able to comment. CHAIRMAN McDANIEL: It's in all of our districts. COMMISSIONER SOLIS: You know -- well, I think there are issues with the way this is done, but I think there's -- because I've looked at this a lot. We can also create a lot of unintended consequences that we're going to be scratching our heads over afterwards, because -- and correct me if I'm wrong. Maybe Trinity can help -- the way this process is being handled specifically in Naples Park is there are people that are living on these roads that are being -- that this demolition and this material's coming out of. So if we're going to process it there, that means we're going to be processing it in the street where they're pulling it up, right? CHAIRMAN McDANIEL: Can I stop -- COMMISSIONER SOLIS: No. I'd like -- can I -- can I make my point or -- CHAIRMAN McDANIEL: Yes, sir. Go ahead. COMMISSIONER SOLIS: Okay. And -- I mean, I just want to make sure that if -- before we just wholesale let's just make a change, I would really like to understand what it's going to mean in terms of the process, because right now that material is being pulled out, and it's being put on this vacant lot, right? Which I feel very badly for for the people that live adjacent to these lots. But I wanted to fully understand what the alternative is of not putting it on that lot but processing it where it's pulled up. On the process -- and I understand you've got to put it in the truck. But that process is a very, very well-timed thing in terms of how it's pulled up, June 14, 2022 Page 189 the street's opened up, the people can get back in their houses at the end of the day. And I want to make sure that the presentation includes what's actually going to happen logistically in Naples Park, not in general, but in Naples Park. CHAIRMAN McDANIEL: Well -- and if I may -- and, again, maybe I added words in when I was talking about it with regard to the process. The current process is for the contractor to dig the old material out of the right-of-way, put it in a dump truck. They're bringing it to these temporary-use permitted lots and processing it on that lot and then loading it back into dump trucks and then hauling it away. And that's the -- that's the process that I want to stop on those residential lots. COMMISSIONER SOLIS: Okay. So what's the alternative? CHAIRMAN McDANIEL: Load it in the truck and haul it away day one. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: Now, we had issues when we were doing our Irma debris cleanup and all where the truck drivers were actually fictitiously loading their truck full when they weren't. They were stacking logs in there and only carrying half a load at a time and being paid for full loads. We actually caught people doing that. COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: And that is the -- there's no processing. If you dig it out of the ground, if you dig the material out of the ground, put it in the dump truck and haul it away, there's no processing that occurs on the street itself. What they're doing is -- and I don't mean it with malice -- is they're multiple handling the material and getting more efficiency out of the hauling away of the material that they're, in fact, collecting as debris from the construction job. June 14, 2022 Page 190 COMMISSIONER SOLIS: I understand that, but it's also -- again, I'm not against improving this, but I think we need to be very careful before we make a knee jerk reaction to change a process that's been working and that could draw out the construction projects. That's my concern is that we -- this sounds great. We need to do this. We make a decision. And then it -- it goes back to the repair of the bridges on Vanderbilt Drive. Well, why are you starting that during the season? Well, because it's dry, and it would shorten the time that we're going to have to be inconvenienced. I just want to see a very detailed analysis on what that's going to mean in terms of the overall cost and the length of time in which it's going to take to finish one of these streets. CHAIRMAN McDANIEL: Do you want to do a presentation at our next meeting with regard to it, just to have a discussion about it? COMMISSIONER SOLIS: I would like to be involved in this process, yes. COMMISSIONER SAUNDERS: I brought this up for discussion, not to make a decision, not to direct staff to do X, Y, and Z at this meeting, because that would be a knee-jerk reaction, as Mr. Solis has indicated. I brought this up so that -- there is a problem. We have some issues with the way these temporary-use permits are being handled, and I want to bring back -- I want staff to come back and tell us how we can fix this problem. I'm not trying to fix it today -- COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: -- because I agree with you, if we say, okay, no more temporary-use permits, that's a problem. But I do think we need to fix this going forward, and I want staff to come back and tell us how we might make the process better. It may June 14, 2022 Page 191 very well involve with what the Chairman has indicated, or it may be something else, but I think we need to take a look at it. CHAIRMAN McDANIEL: And I'm good with that. COMMISSIONER SOLIS: Sure. And it sounded to me like we were going to try to make a decision today to stop something, and I just don't think that's the right thing. CHAIRMAN McDANIEL: No, no. You're going to -- (Simultaneous crosstalk.) MR. FRENCH: Commissioner, if I might. So what we're talking about, just for clarity, is within your LDC, the policy is 5.04.03. The section is "i" where it talks about exemptions of temporary use for structures, equipment for building roads, public utilities, and government projects. That's exactly the area that we're focused on here, and we're processing predominantly on the construction and debris element of that project. What we'll do -- and, again, staff's suggestion would be is that we would take it back through your development services subcommittee. So, as you can imagine, from the Development Services side they're going to weigh in very heavily, but we will make sure that we're inclusive of all additional impacts that this might have both on time, on the number of trucks, on the elongation, or the -- let's just say the extension of projects and what that might look like to project schedules. Happily -- and, again, your regulatory body is simply going to bring back to you a staff recommendation based off the feedback that we've received for both county staff, contractors, and the community based off of what works, what we think the best practice is, if that will work for the Board. CHAIRMAN McDANIEL: And to be clear, I didn't by any stretch say discontinue the temporary-use permits. The conversation Jamie and I had yesterday was the discontinuance of the C&D June 14, 2022 Page 192 processing on those temporary-use permits, just to clarify the point. That was specific conversation you and I had yesterday that I said I would bring up today. MR. FRENCH: And if I might, sir, with the caveat that those that have been issued -- and I don't believe we've got more than one or two that could be currently either in under consideration where an application's been received. Anything going forward, I think what you had asked is that that be suspended until this item's able to get back for consideration to the Board. CHAIRMAN McDANIEL: I think that's a good way -- on the ones that are coming in in the future, not the ones that we already have. MR. FRENCH: Or if it pleases the Board -- I hate to do this -- we could bring it back for Board consideration, or we could -- it could be part of your contract consideration when they're looking at these type of projects whether or not you would allow that type of temporary use. Only if you -- only if you tell us to stop today. COMMISSIONER SAUNDERS: I don't think we should tell you to stop today. MR. FRENCH: Perfect. COMMISSIONER SAUNDERS: I think we should tell you to come back -- CHAIRMAN McDANIEL: There's potential unintended consequences. COMMISSIONER SAUNDERS: -- going forward how we can make the process better. But if you've got applications in process, I'm not suggesting that you stop the process because, you know, that changes people's expectations, and I don't think we should do that with ongoing applications and ongoing projects. But I do think that going forward we need to make some improvements, so that's what June 14, 2022 Page 193 I'm asking for. COMMISSIONER SOLIS: I'm in agreement with that. CHAIRMAN McDANIEL: So am I. MR. FRENCH: Yes, sir. Thank you. CHAIRMAN McDANIEL: And I've got one more thing, and it has to do with a subject that I brought up for four or five years, and that's our Board schedule. And I wanted to have a brief discussion just to see if you want me to bring back an agenda item. You've talked about the AUIR and the necessity of vetting that AUIR. We're about to hire a new county manager on Thursday, and additional time spent with the new management team wouldn't necessarily be a bad thing. And I don't want to go through a lot of gyrations, but I just want to see what the flavor is of the Board to continue our -- continue our meetings throughout the balance of the year. COMMISSIONER TAYLOR: I'm happy with the schedule the way it is. COMMISSIONER SOLIS: Me as well. COMMISSIONER LoCASTRO: I stick to my previous vote, which is we should operate like most other places, which is, you know, we're not in kindergarten. We don't get summer vacation. There's a lot to be done. I'm not saying that, you know, we push forward $100 billion projects in the summer. But a lot of what we approve in here every day is the daily business of the county, roads, grounds, improvements, approving contracts, and things like that. I just don't know why we artificially stop in the summer. And it was, you know, said at a meeting last year, well, you know, when we're not around, it gives the county staff a breather. The county staff's pretty well compensated. I don't know that Arthrex gives anybody a summer breather or NCH or any other places. And I'm not saying it's an apples-to-apples comparison, but I June 14, 2022 Page 194 stick by my vote that, you know, there's an awful lot we can get done over the summer, but I don't think any of us needs to pass anything to decide if, you know, we want to continue to work over the summer, but not being able to do it together with the staff, I think, it artificially slows us down. And then I think when we come back, there's a bit more of a backlog of things that we've waited on, but that's my -- my position's the same. COMMISSIONER SAUNDERS: Mr. Chairman, I'll tell you what my thoughts are on June 28th. CHAIRMAN McDANIEL: When I bring forward the agenda item? COMMISSIONER SAUNDERS: When you bring forward the agenda item. COMMISSIONER LoCASTRO: That's fair. CHAIRMAN McDANIEL: Okay. So, therefore, then, we'll -- I'll do that. COMMISSIONER LoCASTRO: You said that was the last thing. CHAIRMAN McDANIEL: Last, but not least -- well, I had two things, but then I've got one more. And that is, you know, you were talking about accountability, and I really concur with that thought process. If we're going to hire a construction manager at risk, there has to be risk. We can't just say you're a CMAR and then let you come in with change orders and all kinds of things and have no accountability back with regard to that. So I think that's one of the things going forward that we certainly should put an emphasis on. And with transparency, you get accountability. So having said all that, I'll see you all on Thursday at 9:00 a.m. CHAIRMAN McDANIEL: Thank you. June 14, 2022 Page 195 **** ****Commissioner Solis moved, seconded by Commissioner LoCastro and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 RECORDING THE FINAL PLAT OF RANDALL AT ORANGETREE (APPLICATION NUMBER PL20210002196), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $5,402,069.86 – LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST-ADOPTED Item #16A2 FINAL ACCEPTANCE OF THE SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR CAY LAGOON - OFFSITE SEWER FACILITIES PL20220000084 Item #16A3 ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR CITY GATE COMMERCE PARK PHASE THREE, PL20210002242 – A FINAL INSPECTION BY STAFF June 14, 2022 Page 196 WAS CONDUCTED ON SEPTEMBER 28, 2021, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER FACILITIES FOR COLLIER COUNTY SPORTS COMPLEX AND EVENTS CENTER, PL20210003080 – A FINAL INSPECTION BY STAFF WAS CONDUCTED ON MARCH 10, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item # 16A5 FINAL ACCEPTANCE OF THE SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR COURTHOUSE SHADOWS UTILITY RELOCATION, PL20210003230. (DISTRICT 4) A FINAL INSPECTION BY STAFF WAS CONDUCTED ON MARCH 8, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A6 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE BY THE ISLANDS - PHASE 1A (F/K/A BELLA TESORO PHASE 1A), PL20200000092, AND AUTHORIZE THE COUNTY MANAGER, OR THEIR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A June 14, 2022 Page 197 FINAL INSPECTION BY STAFF WAS CONDUCTED ON MAY 6, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 15B, PL20220001206 – A FINAL INSPECTION BY STAFF WAS CONDUCTED ON MARCH 7, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A8 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR MANATEE COVE PHASE 3, PL20210001644 – A FINAL INSPECTION BY STAFF WAS CONDUCTED ON JANUARY 28, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A9 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES FOR THE VALENCIA TRAILS RECREATION SITE, PL20210002654 – A FINAL INSPECTION BY STAFF WAS June 14, 2022 Page 198 CONDUCTED ON JANUARY 7, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item #16A10 AGREEMENT FOR THE PURCHASE OF A PERPETUAL NON- EXCLUSIVE DRAINAGE EASEMENT (PARCEL 163DE) REQUIRED FOR THE REPLACEMENT OF AN EXISTING TIDAL INTERCONNECT CULVERT AS PART OF THE GOODLAND DRIVE CULVERT REPLACEMENT (PROJECT NO. 50238) (ESTIMATED FISCAL IMPACT: $10,350) Item #16A11 RESOLUTION 2022-95: A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING IN ALL, OR A PORTION OF, THE 30-FOOT AND 60-FOOT ROADWAY, RIGHT-OF-WAY AND/OR INGRESS AND EGRESS EASEMENTS AS RECORDED IN OFFICIAL RECORDS BOOK 968, PAGE 975; OFFICIAL RECORDS BOOK 1795, PAGE 1917; OFFICIAL RECORDS BOOK 284, PAGE 633; OFFICIAL RECORDS BOOK 279, PAGE 284; OFFICIAL RECORDS BOOK 238, PAGE 398; OFFICIAL RECORDS BOOK 404, PAGE 997; AND OFFICIAL RECORDS BOOK 416, PAGE 609 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTIONS 11 AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT “A,” AND TO ACCEPT PETITIONER’S GRANT OF AN ACCESS EASEMENT TO REPLACE THE VACATED ROADWAY EASEMENTS [VAC-PL20210002687] June 14, 2022 Page 199 Item #16A12 RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE OF $47,068.63 FOR PAYMENT OF $618.63 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CRISPIN TRUJILLO IN CASE NO. CEOCC20190008179 RELATING TO PROPERTY LOCATED AT 4825 GREEN BLVD, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS FOR PROHIBITED BUSINESS ON THE PROPERTY WITHOUT A BUSINESS TAX RECEIPT, BROUGHT INTO COMPLIANCE ON JULY 1, 2021, FOR TWO VIOLATIONS BROUGHT INTO COMPLIANCE ON MARCH 14, 2022 Item #16A13 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH A VALUE OF $88,518.56 FOR PAYMENT OF $15,000 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. ROSE MARIE NUMA IN CASE NOS. CENA20190009868 AND CEV20190010125 RELATING TO PROPERTY LOCATED AT 2792 24TH AVE. SE, COLLIER COUNTY, FLORIDA – FOR TWO VIOLATIONS BROUGHT INTO COMPLIANCE ON MARCH 14, 2022, Item #16A14 TRANSPORTATION COMMITMENT EXTENSION REQUEST FOR THE ROCKEDGE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO PROVIDE MORE TIME TO FULFILL THE TRANSIT BUS STOP IMPROVEMENT June 14, 2022 Page 200 COMMITMENT Item #16A15 EXTENSION FOR COMPLETION OF REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH ROYAL PALM GOLF ESTATES REPLAT #3 (AR-6774) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) – EXTENDING THE DEADLINE TO SEPTEMBER 23, 2023 Item #16A16 - Continued to the June 28, 2022, BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO AWARD INVITATION TO BID ("ITB") NO. 22-7958, "AQUATIC VEGETATION MAINTENANCE," TO AIRBOAT ADDICTS, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (ESTIMATED ANNUAL SPEND OF $350,000, STORMWATER OPERATING FUND 103) Item #16A17 AWARD INVITATION TO BID ("ITB") NO. 22-7962, "CORPORATE FLIGHT DRIVE VEGETATION MAINTENANCE," TO DEANGELO CONTRACTING SERVICES LLC, AS THE PRIMARY VENDOR, AND EARTHBALANCE CORPORATION, AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENTS. (THE ANTICIPATED ANNUAL SPEND IS ESTIMATED AT $34,580) June 14, 2022 Page 201 Item #16A18 WORK ORDER WITH HUMISTON & MOORE ENGINEERS TO PROVIDE PROFESSIONAL SUPPORT SERVICES FOR THE APPLICATION PREPARATION OF A UNITED STATES ARMY CORPS OF ENGINEERS (USACE) PERMIT FOR THE SOUTH MARCO ISLAND BEACH RESTORATION, UNDER CONTRACT NO. 18-7432-CZ, FOR TIME AND MATERIAL NOT TO EXCEED $34,132, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (FUND 195, PROJECT NO.90071) Item #16A19 RESOLUTION 2022-96: MEMORIALIZING AMENDMENT NO. 7 TO CONTRACT NO. ARX56, FINANCIAL PROJECT #412666- 1-88-01, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”), STATE HIGHWAY TRAFFIC SIGNAL, MAINTENANCE AND COMPENSATION AGREEMENT, FOR MAINTENANCE OF FDOT OWNED TRAFFIC SIGNAL SYSTEMS TO BE MAINTAINED BY COLLIER COUNTY TRAFFIC OPERATIONS, WHICH ALSO GRANTS AUTHORITY TO THE CHIEF ENGINEER OF TRAFFIC OPERATIONS TO SIGN OFF ON MINISTERIAL ANNUAL UPDATES CONCERNING THE EXHIBIT LIST TO THE AGREEMENT Item #16A20 June 14, 2022 Page 202 TRANSPORTATION DISADVANTAGED PLANNING GRANT FUNDING IN THE AMOUNT OF $27,954 TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16A21 RESOLUTION 2022-97: SUPPLEMENTAL AGREEMENT TO THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AMENDING EXHIBIT A “PROJECT DESCRIPTION AND RESPONSIBILITIES” REMOVING IN ITS ENTIRETY THE CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE REPLACEMENT OF EXISTING BRIDGE #030138 ON IMMOKALEE ROAD (CR 846) RELATED TO PROJECT #66066 Item #16A22 - Continued from the May 24, 2022, BCC Meeting RESOLUTION 2022-98: PUBLIC TRANSIT GRANT AGREEMENT (PTGA) BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ACCEPT FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5339 BUS AND BUS FACILITIES FUNDS IN THE AMOUNT OF $222,355, FOR THE NECESSARY IMPROVEMENTS TO BUS STOPS IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) IN THE RURAL SERVICE AREA AND AUTHORIZING THE NECESSARY BUDGET AMENDMENTS June 14, 2022 Page 203 Item #16A23 RESOLUTION 2022-99: SUPPLEMENTAL AGREEMENT NO. 01 FOR THE STATE-FUNDED GRANT AGREEMENT (SFGA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO RECEIVE REIMBURSEMENT FOR DESIGN AND CONSTRUCTION FOR THE WIDENING OF AIRPORT ROAD FROM VANDERBILT BEACH ROAD TO IMMOKALEE ROAD; TO EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT #60190) Item #16A24 RESOLUTION 2022-100: THE STATE FY2022/23 TRANSPORTATION DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED IN THE AMOUNT OF $768,742, WITH A LOCAL MATCH OF $85,415, TO ASSIST WITH SYSTEM OPERATING EXPENSES; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (TRANSIT GRANT AND MATCH FUNDS 428/429) Item #C1 TERMINATION OF A REVOCABLE TEMPORARY LICENSE ACQUIRED FOR A PROPOSED CHLORAMINE BOOSTER STATION AT A COST NOT TO EXCEED $27.70. TO ELIMINATE THE ENCUMBRANCE WHICH CONSTITUTES AN June 14, 2022 Page 204 UNNECESSARY CLOUD ON THE TITLE Item #C2 PROPOSAL NO. 9855 UNDER AGREEMENT NO. 19-7592, BUILDING AUTOMATION ENERGY MANAGEMENT SERVICES, FROM JUICE TECHNOLOGIES, INC., D/B/A PLUG SMART, AND AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $396,075.27, TO REPLACE THE PROPRIETARY N2 JOHNSON CONTROLS METASYS BUILDING AUTOMATION SYSTEM WITH NEW BACNET RELIABLE CONTROLS AT THE COLLIER COUNTY SHERIFF’S OFFICE (“CCSO”) JAIL (J3) BUILDING AT THE COLLIER COUNTY GOVERNMENT CENTER. (SALES TAXFUND (318), PROJECT NO. 50221) Item #C3 AMENDMENT TO A CONTRIBUTION AGREEMENT WITH CITY GATE NAPLES, LLC (“CGNU”), PERTAINING TO THE ULINE CORPORATION REGIONAL DISTRIBUTION FACILITY, BY AMENDING NUMBERED PARAGRAPH FOUR OF THE AGREEMENT TO REDUCE THE COUNTY’S DUTY TO REIMBURSE CGNU FOR THE CONSTRUCTION OF IMPROVEMENTS ON REAL PROPERTY TO BE DEDICATED TO THE COUNTY, BY PROVIDING A ONE-TIME REIMBURSEMENT PAYMENT NOT TO EXCEED $575,000, IN LIEU OF A PREVIOUSLY AGREED UPON TAX INCREMENT FINANCING (“TIF”) CREDIT, WHICH IS ESTIMATED TO PRODUCE A NET SAVINGS TO THE COUNTY OF APPROXIMATELY $900,000, AND APPROVE NECESSARY June 14, 2022 Page 205 BUDGET AMENDMENTS Item #C4 Continued from the May 10, 2022, BCC meeting agenda. COUNTY MANAGER, OR THEIR DESIGNEE TO TAKE WHATEVER ACTION IS NECESSARY SO THAT THE 6.38 ACRE “LAKE EXPANSION PARCEL” (TRACT RL-2) LOCATED ABUTTING THE COUNTY’S SPORTS COMPLEX AND SPECIAL EVENTS CENTER (N/K/A THE “PARADISE COAST SPORTS COMPLEX”) IS CONVEYED TO THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT, AS ALLOWED BY THE BOARD APPROVED CONTRIBUTION AGREEMENT Item #C5 BUDGET AMENDMENT IN THE COUNTY WIDE CAPITAL PROJECT FUND (301) IN THE AMOUNT OF $50,815.50 TO FUND GRANT COMPLIANCE SERVICES FOR THE GRANT AGREEMENT H0600 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) (PROJECT NO. 33744) Item #C6 CHANGE ORDER TO AGREEMENT NO. 20-7810, NORTH COUNTY WATER RECLAMATION FACILITY RETURN MIXED LIQUOR PUMP SYSTEM IMPROVEMENTS. (FUND 414, PROJECT NUMBER Item #16C7 June 14, 2022 Page 206 AWARD INVITATION TO BID (“ITB”) NO. 22-7975, "TOWER PACKING MEDIA REPLACEMENT FOR WATER TREATMENT PLANTS", TO INDUSCO ENVIRONMENTAL SERVICES, INC., AND DELOACH INDUSTRIES, INC., FOR THE PURCHASE OF REPLACEMENT DEGASIFICATION AND ODOR CONTROL TOWER PACKING MEDIA AT THE NORTH AND SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS ON PRIMARY PRIMARY/SECONDARY PER LINE-ITEM BASIS Item #16C8 APPROPRIATE REVENUE TO VARIOUS FACILITIES MANAGEMENT DIVISION COST CENTERS IN THE AMOUNT OF $81,885.41 FOR FISCAL YEAR 2022 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS Item #16D1 PARKS AND RECREATION STAFF TO APPLY FOR DESIGNATION OF THE PARADISE COAST BLUEWAY PADDLING TRAIL THROUGH THE FLORIDA OFFICE OF GREENWAYS AND TRAILS Item #16D2 AMENDMENT IN THE AMOUNT OF $6,158.42 FOR PROGRAM INCOME UNDER THE U.S. HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FROM THE IMMOKALEE AIRPORT. (HOUSING GRANT FUND 705) June 14, 2022 Page 207 Item #16D3 CHAIRMAN TO SIGN THREE (3) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $150,000; THIS TRANSACTION IS A TRANSFER OF MORTGAGE LIABILITY FROM HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., TO THE HOMEOWNERS PROVIDED WITH HOME PURCHASE ASSISTANCE THROUGH THE CONSTRUCTION ASSISTANCE STRATEGY. (SHIP GRANT FUND 791) FOLIO #81750000447, 81750000405, AND #81750000382 Item #16D4 BUDGET AMENDMENT TO ALLOW CONTINUOUS OPERATION OF THE STATE HOUSING INITIATIVES PARTNERSHIPPROGRAM (SHIP) WITH AN ANTICIPATED AWARD IN THE AMOUNT OF $3,678,139 FOR SFY 2022/2023 AND TO AUTHORIZE AN EXTENSION OF SFY 2019/2020 FUNDING FROM JUNE 30, 2022, TO DECEMBER 31, 2022. (SHIP GRANT FUND 791) Item #16D5 CHAIRMAN TO SIGN TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $25,085 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT TOTALING $17,585. (SHIP GRANT FUND 791) (ALL DISTRICTS) LOCATED AT June 14, 2022 Page 208 3565 COUNTY BARD RD. #103, AND 2733 55TH STREET SW Item #16D6 BUDGET AMENDMENTS TO REFLECT THE ESTIMATED FUNDING FOR THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY PROGRAMS IN THE AMOUNT OF $1,526,340; $28,802 IN CO-PAYMENT CONTRIBUTIONS AND THE ESTIMATED CASH MATCH OF $30,000. (FISCAL IMPACT $1,585,142, HUMAN SERVICES GRANT FUND 707) Item #16D7 CHAIRMAN TO SIGN ONE RELEASE OF LIEN FOR FULL PAYMENT IN THE AMOUNT OF $9,078.91 PURSUANT TO THE AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR THE OWNER-OCCUPIED AFFORDABLE HOUSING DWELLINGS. (ALL DISTRICTS) FOLIO #29900000589 Item #16D8 EXPENDITURES EXCEEDING THE $50,000 COMPETITIVE THRESHOLD, UNDER AN EXEMPTION FROM THE COMPETITIVE PROCESS, THROUGH FISCAL YEAR 2023 FOR ROBERT HALF INTERNATIONAL, INC., TO PROVIDE TEMPORARY PERSONNEL SERVICES FOR COLLIER COUNTY ASSISTANCE PROGRAMS (CCAP) PROGRAMS, AMERICAN RESCUE PLAN, LOCAL FISCAL RECOVERY PLAN, AND DEPARTMENT OF TREASURY, June 14, 2022 Page 209 EMERGENCY RENTAL ASSISTANCE PROGRAMS. (HOUSING GRANT FUND 705, COMMUNITY & HUMAN GRANT SUPPORT FUND 123) Item #16D9 PROVIDE “AFTER-THE-FACT” APPROVAL OF THE FOURTH AMENDMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES FOR STRUCTURAL STABILIZATION AND REHABILITATION OF THE HISTORIC ROBERTS RANCH HOME AT THE IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH. THIS AMENDMENT UPDATES THE SCOPE OF WORK AND ALIGNS THE BUDGET LINE ITEMS TO ACCURATELY REFLECT WORK THAT WAS COMPLETED. (PUBLIC SERVICE GRANT FUND 709 AND MATCH FUND 710) Item #16E1 INVITATION TO BID (“ITB”) NO. 21-7917, “EMS EXPENDABLE MEDICAL SUPPLIES,” FOR THE PURCHASE OF EMS EXPENDABLE SUPPLIES AND EQUIPMENT TO MULTIPLE VENDORS FOR THE EMERGENCY MEDICAL SERVICES Item #16E2 RECOMMENDATION TO APPROVE A BUDGET AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE INSURANCE, TO FUND HEALTH CLAIMS EXPENDITURES June 14, 2022 Page 210 FOR THE REMAINDER OF FY 22 Item #16E3 APPROVE THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND OF NOTIFICATION OF REVENUE DISBURSEMENT Item #16E4 RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16F1 AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 22-7956, “PROFESSIONAL STATE LOBBYIST SERVICES,” TO SMITH, BRYAN & MYERS, INC., TO REPRESENT COLLIER COUNTY AT THE STATE CAPITOL IN TALLAHASSEE AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Item #16F2 AUTHORIZE SIX (6) ADDITIONAL FULL-TIME EQUIVALENT (FTE) POSITIONS AS FOLLOWS: THREE (3) JOURNEYMAN TRADESWORKERS IN THE FACILITIES MANAGEMENT June 14, 2022 Page 211 DIVISION, AND THREE (3) LIFEGUARDS IN THE PARKS AND RECREATION DIVISION DUE TO AN EXPANDED CUSTOMER AND/OR PROGRAM DEMAND AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS Item #16F3 RESOLUTION 2022-101: ADOPT A RESOLUTION REPEALING RESOLUTION NO. 2022- 48, ESTABLISHED TO ENACT AN OUTDOOR BURNING BAN IN THE UNINCORPORATED AREAS OF COLLIER COUNTY IN ACCORDANCE WITH ORDINANCE NO. 2009-23, AS AMENDED, THE REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE, BECAUSE DROUGHT CONDITIONS NO LONGER EXIST Item #16F4 APPROVE A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY Item #16F5 RESOLUTION 2022-102: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED BUDGET Item #16G1 June 14, 2022 Page 212 CHANGE ORDER #1 TO AGREEMENT NO. 21-7897, “EVERGLADES AIRPARK REHAB RUNWAY 15/33,” WITH QUALITY ENTERPRISES USA, INC., TO INCREASE THE CONTRACT AMOUNT BY $209,861.73, AND APPROVE ALL NECESSARY BUDGET AMENDMENTS Item #16G2 BUDGET AMENDMENTS TO RECOGNIZE REVENUE FOR MARCO ISLAND EXECUTIVE AIRPORT, IN THE AMOUNT OF $1,475,000, AND FOR IMMOKALEE REGIONAL AIRPORT, IN THE AMOUNT OF $170,000, TO ACCOMMODATE INCREASED FUEL PURCHASES AND ASSOCIATED OPERATING EXPENSES OVER BUDGETED LEVELS Item #16H1 DIRECT STAFF TO REVIEW THE COUNTY’S EXISTING NAMING POLICY AND RETURN TO THE BOARD WITH A PROPOSED ORDINANCE BASED ON THE EXISTING POLICY Item #16J1 BOARD OF COUNTY COMMISSIONERS APPROVES SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE, AND TO RECEIVE, EXPEND THE PAYMENT AND MAKE ANY NECESSARY BUDGET AMENDMENTS OF THE FY 2021 OF THE STATE CRIMINAL (SCAAP) GRANT FUNDS June 14, 2022 Page 213 Item #16J2 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JUNE 8, 2022 Item #16J3 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN MAY 12, 2022, AND JUNE 1, 2022, PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 RESOLUTION 2022-103: APPOINT A MEMBER TO THE LAND ACQUISITION ADVISORY COMMITTEE. (ALL DISTRICTS) APPOINTING RHYS WATKINS FILING A VACANT SEAT W/TERM EXPIRING ON FEBRUARY 11, 2025 Item #16K2 RESOLUTION 2022-104: APPOINT A MEMBER TO THE ANIMAL SERVICES ADVISORY BOARD. APPOINTING MICHELE ANTONIA W/TERM EXPIRING ON APRIL 13, 2026 Item #16K3 RESOLUTION 2022-105: APPOINT AN ALTERNATE MEMBER June 14, 2022 Page 214 TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. (ALL DISTRICTS) APPOINTING ZULLY RUIZ AS AN ALTERNATE MEMBER FILLING A VACANT SEAT W/TERM EXPIRING FEBRUARY 14, 2024 Item #16K4 RESOLUTION 2022-106: REQUEST BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY FOR APPROVAL OF A RESOLUTION APPROVING A PLAN OF FINANCING INVOLVING THE ISSUANCE BY THE AUTHORITY OF SINGLE-FAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $50 MILLION OR, IN THE ALTERNATIVE, TO USE VOLUME CAP ALLOCATION FOR MORTGAGE CREDIT CERTIFICATE PROGRAMS OR FOR MULTIFAMILY HOUSING FOR PERSONS OF LOW OR MODERATE INCOME Item #16K5 AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED KRISTEN JASINSKI V. COLLIER COUNTY BOARD OF COMMISSIONERS, (CASE NO. 21-CA-851), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $5,000 Item #16K6 AUTHORIZE THE COUNTY ATTORNEY’S OFFICE TO FILE AN OFFER OF JUDGMENT (SETTLEMENT OFFER) TO June 14, 2022 Page 215 DEFENDANT MAMMOTH CONSTRUCTORS, LLC, IN THE LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V. MAMMOTH CONSTRUCTORS, LLC, (CASE NO. 2021-CA-000132-0001), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA Item #16K7 AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED MARSHA SHARKEY AND ANTHONY SHARKEY V. COLLIER COUNTY BOARD OF COMMISSIONERS, (CASE NO. 21-CA-0072), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $44,000 Item #16K8 - Moved to item #8A (per agenda change sheet) Item #17A ORDINANCE 2022-21: ESTABLISHING THE HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 197.82+/- ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING STATUTORY June 14, 2022 Page 216 PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER’S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE Item #17B ORDINANCE 2022-22: ESTABLISHING THE TERRENO COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 325.767+/- ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE TERRENO COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER’S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE ***** June 14, 2022 Page 217 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:13 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _______________________________________ WILLIAM L. McDANIEL, JR., 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, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC.